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CANAL  ZONE  CODE 

AN  ACT  OF  THE  CONGRESS  OF  THE  UNITED  STATES 

OF  AMERICA  TO  ESTABLISH  A  CODE  OF  LAWS 

FOR  THE  CANAL  ZONE,  APPROVED 

JUNE  19,  1934 

TOGETHER  WITH 

AN  APPENDIX  CONTAINING  CERTAIN  TREATIES  AND 

GENERAL  LAWS  OF  THE  UNITED  STATES  APPLI- 

CABLE  IN  OR  RELATING  TO  THE  CANAL 

ZONE  OR  THE  PANAMA  CANAL 


UNITED   STATES 

GOVERNMENT  PRINTING  OFFICE 

WASHINGTON  :  1934 


34  6 -^Z 

C  ^/o^c 


CONTENTS 

Page 

Preface v 

Table  of  titles: 

Title  1.  Personal  and  Civil  Rights 1 

2.  Operation  and  Maintenance  of  the  Canal  and  Government 

of  the  Canal  Zone  Generally 3 

3.  The  Civil  Code 41 

4.  The  Code  of  Civil  Procedure 319 

5.  The  Criminal  Code 637 

6.  The  Code  of  Criminal  Procedure 729 

7.  The  Judiciary 821 

Appendix: 

Treaties 833 

General  laws 869 

Parallel  reference  tables 1017 

Index ^ _ 1039 


7  ^^33 


xn 


PREFACE 


This  Code  of  Laws  for  the  Canal  Zone  embraces  all  the  laws  relat- 
ing to  or  applying  in  the  Canal  Zone,  except  such  general  laws  of 
the  United  States  as  relate  to  or  apply  in  the  Canal  Zone. 

The  preparation  of  the  code  was  authorized  by  the  act  of  Congress 
approved  May  17,  1928  (45  Stat.  596),  which  authorized  the  Presi- 
dent to  have  all  the  laws  in  force  in  the  Canal  Zone  revised  and 
codified,  and  to  report  the  same  to  Congress  for  its  approval.  Under 
authority  of  that  act,  the  President  placed  the  work  of  revision  and 
codification  under  the  supervision  of  the  Governor  of  the  Panama 
Canal,  and  ordered  the  appointment  of  Paul  A.  Bentz  as  codifier. 
Mr.  Bentz  remained  in  active  charge  of  the  codification  until  its 
completion. 

The  material  included  in  the  code  has  its  source  in  acts  of  Congress, 
in  certain  acts  and  ordinances  of  the  former  Isthmian  Canal  Com- 
mission which  were  ratified  and  confirmed  as  valid  and  binding  by 
Congress  in  the  Panama  Canal  Act  of  1912,  and,  in  a  limited  number 
of  sections,  in  Executive  orders  of  the  President  which  were  likewise 
ratified  and  confirmed  by  Congress. 

The  code  embodies  the  existing  laws  without  substantive  change 
except  in  the  cases  of  29  sections  wherein  alteration  was  found  to  be 
desirable  in  the  interests  of  uniformity  and  effectiveness.  Twenty 
of  the  changes  consist  in  the  elimination  of  minimum  punishments 
from  the  following  sections  of  Title  5,  The  Criminal  Code :  Sections 
92,  93,  103,  131,  175,  206,  293,  363,  644,  654,  737,  753,  789,  803,  823, 
828,  830,  836,  839,  and  843.  The  other  sections  embodying  substan- 
tive change  are  as  follows :  Title  2,  sections  33,  158,  and  159 ;  title  4, 
section  1706;  and  title  5,  sections  257,  281,  401,  603,  and  787. 

Citations  or  "credits"  are  employed  following  the  text  of  such 
sections  only  as  were  enacted  or  amended  by  Congress  prior  to  the 
enactment  of  this  code.  In  the  cases  of  Title  3,  The  Civil  Code,  and 
Title  4,  The  Code  of  Civil  Procedure,  citations  have  been  restricted 
to  the  first  section  in  order  to  avoid  unnecessary  repetition. 

The  appendix  is  designed  to  afford  a  convenient  means  of  refer- 
ence to  certain  treaties  and  general  laws  of  the  United  States  ap- 
plicable in  or  relating  to  the  Canal  Zone  or  the  Panama  Canal.  An 
attempt  has  been  made  to  represent  all  general  laws  which  are  ap- 
plicable, setting  forth  the  text  of  the  law  in  the  cases  wherein  that 
course  is  warranted  by  the  extent  of  the  practical  application  of 
the  law  and  in  all  other  cases  inserting  an  appropriate  reference  to 
the  law  under  a  proper  heading. 

It  is  sought  in  the  parallel  reference  tables  to  facilitate  reference 
to  the  former  law  by  showing  the  origin  thereof,  whether  in  act  of 
Congress,  Executive  order,  or  act  or  ordinance  of  the  Isthmian  Canal 
Commission,  and,  in  addition,  in  the  cases  of  titles  3  to  6,  to  show 
the  sources  of  the  sections  in  the  California  law  in  order  to  render 
more  accessible  the  decisions  of  the  California  courts  construing  those 
sections. 


June  19,  1934 
[H.R.  8700] 

[Public  No.  431] 

Chapter  667 


THE  CANAL  ZONE  CODE 


SEVENTY-THIRD  CONGRESS,  UNITED  STATES  OF  AMERICA 


AN  ACT 

To  establish  a  Code  of  Laws  for  the  Canal  Zone 
and  for  other  purposes 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  Anierica  in  Congress  assembled^  Tliat  the  seven  titles 
liereinafter  set  f ortli  sliall  constitute  tlie  Code  of  Laws  for  the  Canal 
Zone  and  shall,  for  all  purposes,  establish  conclusively,  and  be  deemed 
to  embrace,  all  the  permanent  laws  relating  to  or  applying  in  the 
Canal  Zone  in  force  on  the  date  of  enactment  of  this  Act,  except  such 
general  laws  of  the  United  States  as  relate  to  or  apply  in  the  Canal 
Zone.  Such  code  shall  be  designated  as  the  "  Canal  Zone  Code  "  and 
shall  take  effect  on  the  expiration  of  ninety  days  after  the  date  of 
enactment  of  this  Act.  Copies  of  such  code  printed  at  the  Govern- 
ment Printing  Office  and  bearing  its  imprint  shall  be  conclusive 
evidence  of  the  original  of  such  code. 

Sec.  2.  The  said  Canal  Zone  Code  shall  not  be  published  in  the 
Session  Laws  or  Statutes  at  Large,  and  there  shall  be  printed  and 
bound,  as  may  be  directed  by  the  Joint  Committee  on  Printing,  such 
number  of  copies  thereof  as  may  be  required  for  official  use  and 
distribution,  including  an  index  and  any  other  explanatory  matter 
the  committee  may  deem  necessary. 


VII 


CANAL  ZONE  CODE 


TITLE  1.— PERSONAL  AND  CIVIL  RIGHTS 

Section  1.  Personal  and  civil  rights  and  guarantees. — There  are 
certain  great  principles  of  government  which  have  been  made  the 
basis  of  an  existence  as  a  nation  which  are  deemed  essential  to  the 
rule  of  law  and  the  maintenance  of  order,  and  which  shall  have  force 
in  the  Canal  Zone.  The  principles  referred  to  may  be  generally 
stated  as  follows: 

a.  That  no  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law; 

b.  That  private  property  shall  not  be  taken  for  public  use  without 
just  compensation; 

c.  That  in  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  : 

(1)  To  a  speedy  and  public  trial; 

(2)  To  be  informed  of  the  nature  and  cause  of  the  accusation; 

(3)  To  be  confronted  with  the  witnesses  against  him; 

(4)  To  have  compulsory  process  for  obtaining  witnesses  in  his 
favor;  and 

(5)  To  have  the  assistance  of  counsel  for  his  defense; 

d.  That  excessive  bail  shall  not  be  required  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted; 

e.  That  no  person  shall  be  put  twice  in  jeopardy  for  the  same 
offense,  or  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself; 

f.  That  the  right  to  be  secure  against  unreasonable  searches  and 
seizures  shall  not  be  violated; 

g.  That  neither  slavery  nor  involuntary  servitude  shall  exist 
except  as  a  punishment  for  crime; 

h.  That  no  bill  of  attainder  or  ex  post  facto  law  shall  be  passed ; 

i.  That  no  law  shall  be  passed  abridging  the  freedom  of  speech  or 
of  the  press,  or  of  the  rights  of  the  people  to  peaceably  assemble  and 
petition  the  government  for  a  redress  of  grievances;  and 

j.  That  no  law  shall  be  made  respecting  the  establishment  of 
religion  or  prohibiting  the  free  exercise  thereof. 

Ckoss-Res^rences 

Rights  of  defendant  in  criminal  action,  see  also  title  6,  section  14. 

Right  to  jury  trial,  see  title  4,  section  441 ;  title  6,  section  302 ;  and  title  7, 
section  33. 

Modes  of  conviction  of  public  offense,  see  title  6,  section  15. 

Prohibition  of  unnecessary  restraint  before  conviction,  see  title  6,  section  11. 

Prohibition  of  second  prosecution  for  same  offense,  see  also  title  6,  sections  8 
and  9. 

No  person  compelled  in  criminal  action  to  be  witness  against  himself,  see  also 
title  6,  sections  10  and  673. 

1 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT         IT.  2,  §  2 


TITLE  2.— OPERATION  AND  MAINTENANCE  OF  THE 
CANAL  AND  GOVERNMENT  OF  THE  CANAL  ZONE 
GENERALLY 


Sec. 

General  provisions .- - 1 

Accounting  for  funds. 31 

Administering  oaths  and  summoning  wit- 
nesses  41 

Business  operations 51 

Customs  service 61 

Employees 81 

Exclusion  and  deportation  of  persons 141 

Inspection  of  vessels..- 151 

Intoxicating  liquors (note) 

Keeping  and  impounding  of  domestic  ani- 
mals  201 

Notaries  public 211 

Panama  Railroad  Co.;  railroads 221 


Ch.  Sec. 

13.  Pardons  and  reprieves  and  remission  of 

fines  and  forfeitures 261 

14.  Postal  service 271 

15.  Protection  of  birds  and  their  nests 291 

16.  Public  lands 301 

17.  Public  roads  and  highways;  vehicles;  fer- 

ries....   321 

18.  Purchase  of  supplies 351 

19.  Radio  equipment  on  ocean-going  vessels 

using  ports 361 

20.  Sanitation,  health,  and  quarantine 371 

21.  Seamen 391 

22.  Taxes  and  licenses 401 

23.  Tolls  for  use  of  Canal 411 

24.  Wireless  telegraphic  installations 421 


CHAPTER  1.— GENERAL  PROVISIONS 


Sec. 

1.  Short  title  of  organic  act ;  reservation 

of   right    to    alter,    amend    or   ropeaW 

2.  Establishment  of  Canal  Zone. 

3.  Acquisition     of    additional     land ;     ex- 

change of  land. 

4.  Towns  and  subdivisions  of  Canal  Zone. 

5.  Government    and    operation    of    Canal 

and  government  of  Canal  Zone. 

6.  Appointment,   term  and  salary  of  Gov- 

ernor. 

7.  Control    and    jurisdiction    of    Governor 

over  Canal  Zone. 


Sec. 

8.  Army  control  in  time  of  war  or  when 
war  is  imminent. 

9.  Regulations     governing     operation     of 
Canal,  pilotage  and  navigation. 

10.  Damages  for  injuries  to  vessels,  cargo 
or    passengers    in    passing    through 

11.  Canal  closed  to  violators  of  anti- trust 
laws. 

12.  Regulation  by  Governor  of  anchorage 
and  movement  of  vessels  in  time  of 
national  emergency. 

Section  1.  Short  title  of  organic  act;  reservation  of  right  to 
alter,  amend  or  repeal. — ^The  Act  entitled  "An  Act  to  provide  for 
the  opening,  maintenance,  protection,  and  operation  of  the  Panama 
Canal,  and  the  sanitation  and  government  of  the  Canal  Zone,"  ap- 
proved August  24,  1912  (ch.  390,  37  Stat.  560),  shall  be  known  and 
referred  to  as  the  Panama  Canal  Act,  and  the  right  is  expressly 
reserved: 

a.  To  alter,  amend  or  repeal  any  or  all  of  its  provisions;  and 

b.  To  extend,  modify  or  annul  any  rule  or  regulation  made  under 
its  authority.  (Aug.  24, 1912,  ch.  390,  sec.  14,  37  Stat.  569  [U.S.  Code, 
title  48,  sec.  1301].) 

2.  Establishment  of  Canal  Zone. — The  zone  of  land  and  land 
under  water  of  the  width  of  ten  miles  extending  to  the  distance  of 
five  miles  on  each  side  of  the  center  line  of  the  route  of  the  canal 
constructed  thereon,  which  zone  begins  in  the  Caribbean  Sea  three 
marine  miles  from  mean  low-water  mark  and  extends  to  and  across 
the  Isthmus  of  Panama  into  the  Pacific  Ocean  to  the  distance  of 
three  marine  miles  from  mean  low-water  mark,  excluding  therefrom 
the  cities  of  Panama  and  Colon  and  their  adjacent  harbors  located 
within  said  zone,  as  excepted  in  the  treaty  with  the  Republic  of 
Panama  dated  November  18,  1903,  but  including  all  islands  within 
said  described  zone,  and  in  addition  thereto  the  group  of  islands 
in  the  Bay  of  Panama  named  Perico,  Naos,  Culebra  and  Flamenco, 
and  any  lands  and  waters  outside  of  said  limits  above  described 


T.  2,  §  3]         OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

which  are  necessary  or  convenient  or  from  time  to  time  may  become 
necessary  or  convenient  for  the  construction,  maintenance,  operation, 
sanitation  or  protection  of  the  said  canal  or  of  any  auxiliary  canals, 
lakes  or  other  works  necessary  or  convenient  for  the  construction, 
maintenance,  operation,  sanitation  or  protection  of  said  canal,  the 
use,  occupancy  or  control  whereof  were  granted  to  the  United  States 
by  the  treaty  between  the  United  States  and  the  Republic  of  Panama, 
the  ratifications  of  which  were  exchanged  on  February  26,  1904:, 
shall  be  known  and  designated  as  the  Canal  Zone,  and  the  canal  con- 
structed thereon  shall  be  known  and  designated  as  the  Panama 
Canal.  (Aug.  24,  1912,  ch.  390,  sec.  1,  37  Stat.  560  [U.S.  Code,  title 
48,  sec.  1302].) 

3.  Acquisition  of  additional  land;  exchange  of  land. — The  Pres- 
ident is  authorized,  by  treaty  with  the  Republic  of  Panama : 

a.  To  acquire  any  additional  land  or  land  under  water  not  already 
granted,  or  which  was  excepted  from  the  grant,  that  he  may  deem 
necessary  for  the  operation,  maintenance,  sanitation  or  protection 
of  the  Panama  Canal;  and 

b.  To  exchange  any  land  or  land  under  water  not  deemed  neces- 
sary for  such  purposes,  for  other  land  or  land  under  water  which 
may  be  deemed  necessary  for  such  purposes; 

Which  additional  land  or  land  under  water  so  acquired  shall 
become  part  of  the  Canal  Zone.  (Aug.  24,  1912,  ch.  390,  sec.  1, 
37  Stat.  560  [U.S.  Code,  title  48,  sec.  1302].) 

Cross-Re^^bence 

For  convention  between  United  States  and  Panama  defining  the  boundary 
line  of  the  Canal  Zone,  see  appendix,  p.  848. 

4.  Towns  and  subdivisions  of  Canal  Zone. — The  President  is 
authorized  to  determine  or  cause  to  be  determined  what  towns  shall 
exist  in  the  Canal  Zone,  and  subdivide  and  from  time  to  time  resub- 
divide  the  Canal  Zone  into  subdivisions,  to  be  designated  by  name 
or  number,  so  that  there  shall  be  situated  one  town  in  each  sub- 
division, and  the  boundaries  of  each  subdivision  shall  be  clearly 
defined.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564;  Sept.  21,  1922, 
ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91,  sec.  1,  47  Stat.  814 
[U.S.  Code,  title  48,  sec.  1341].) 

CB088-ReFEBENCE8 

Magistrate's  court  in  each  town,  see  title  7,  section  1. 

Revocable  licenses  for  lots  in  town  sites,  see  section  304  of  this  title. 

5.  Government  and  operation  of  Canal  and  government  of  Canal 
Zone. — The  President  is  authorized  to  govern  and  operate  the 
Panama  Canal  and  govern  the  Canal  Zone,  or  cause  them  to  be 
governed  and  operated,  through  a  Governor  of  the  Panama  Canal 
and  such  other  persons  as  he  may  deem  competent  to  discharge 
the  various  duties  connected  with  the  care,  maintenance,  sanitation, 
operation,  government  and  protection  of  the  Canal  and  Canal  Zone. 
(Aug.  24,  1912,  ch.  390,  sec.  4,  37  Stat.  561  [U.S.  Code,  title  48,  sec. 
1305].) 

Cboss-Reference 

Appointment  of  necessary  persons,  see  section  81  of  this  title. 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  10 

6.  Appointment,  term  and  salary  of  Governor. — ^The  Governor 
of  the  Panama  Canal  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  commissioned  for  a  term 
of  four  years  and  until  his  successor  is  appointed  and  qualified.  He 
shall  receive  a  salary  of  $10,000  a  year.  (Aug.  24,  1912,  ch.  390,  sec. 
4,  37  Stat.  561  [U.S.  Code,  title  48,  sec.  1305].) 

7.  Control  and  jurisdiction  of  Governor  over  Canal  Zone. — The 

Governor  of  the  Panama  Canal  shall,  in  connection  with  the  opera- 
tion of  the  Canal : 

a.  Have  official  control  and  jurisdiction  over  the  Canal  Zone;  and 

b.  Perform  all  duties  in  connection  with  the  civil  government  of 
the  Canal  Zone,  which  is  to  be  held,  treated  and  governed  as  an 
adjunct  of  the  Canal.  (Aug.  24,  1912,  ch.  390,  sec.  T,  37  Stat.  564; 
Sept  21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91 
sec.  1,  47  Stat.  814  [U.S.  Code,  title  48,  sec.  1307].) 

8.  Army  control  in  time  of  war  or  when  war  is  imminent. — In 

time  of  war  in  which  the  United  States  is  engaged  or  when  in  the 
opinion  of  the  President  war  is  imminent,  such  officer  of  the  Army  as 
the  President  may  designate  shall,  upon  the  order  of  the  President, 
assume  and  have  exclusive  authority  and  jurisdiction  over  the  opera- 
tion of  the  Panama  Canal  and  all  its  adjuncts,  appendants  and  ap- 
purtenances, including  the  entire  control  and  government  of  the  Canal 
Zone.  During  a  continuance  of  such  condition  the  Governor  of  the 
Panama  Canal  shall  be  subject  to  the  order  and  direction  of  such 
officer  of  the  Army  in  all  respects  and  particulars  as  to  the  operation 
of  the  Canal  and  all  duties,  matters  and  transactions  affecting  the 
Canal  Zone.  (Aug.  24, 1912,  ch.  390,  sec.  13,  37  Stat.  569  [U.S.  Code, 
title  48,  sec.  1306].) 

9.  Regulations  governing  operation  of  Canal,  pilotage  and  navi- 
gation.— The  President  is  authorized  to  make,  and  from  time  to  time 
amend,  regulations  governing : 

a.  The  operation  of  the  Panama  Canal ; 

b.  The  passage  and  control  of  vessels  through  the  same  or  any 
part  thereof,  including  the  locks  and  approaches  thereto ; 

c.  Pilots  and  pilotage  in  the  Canal  or  the  approaches  thereto 
through  the  adjacent  waters;  and 

d.  The  navigation  of  the  harbors  and  other  waters  of  the  Canal 
Zone,  including  the  licensing  of  officers  of  vessels  navigating  such 
waters. 

Any  person  violating  any  of  the  provisions  of  the  rules  and  regula- 
tions established  hereunder  shall  be  punished  by  a  fine  of  not  more 
than  $100,  or  by  imprisonment  in  jail  for  not  more  than  thirty  days, 
or  by  both.  (Aug.  24,  1912,  ch.  390,  sec.  5,  37  Stat.  562;  July  5, 
1932,  ch.  425,  47  Stat.  578  [U.S.  Code,  title  48,  sec.  1318].) 

Cboss-Refekences 

Inspection  of  vessels,  see  sections  151  to  160  of  tliis  title. 

Injury  to,  or  obstruction  of,  Canal  or  locks,  see  title  5,  sections  255  and  821. 

10.  Damages  for  injuries  to  vessels,  cargo  or  passengers  in 
passing  through  locks. — The  regulations  authorized  under  the  next 
preceding  section  shall  provide  for  prompt  adjustment  by  agree- 


T.2,  §11]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

ment  and  immediate  payment  of  claims  for  damages  which  may  arise 
from  injury  to  vessels,  cargo,  or  passengers  from  the  passing  of 
vessels  through  the  locks  under  the  control  of  those  operating  them 
under  such  rules  and  regulations.  In  case  of  disagreement  action 
may  be  brought  in  the  district  court  against  the  Governor  of  the 
Panama  Canal.  The  hearing  and  disposition  of  such  actions  shall 
be  expedited  and  the  judgment  shall  be  paid  immediately  out  of 
any  moneys  appropriated  or  allotted  for  Canal  operation.  (Aug. 
24,  1912,  ch.  390,  sec.  5,  37  Stat.  562  [U.S.  Code,  title  48,  sec.  1319].) 

Ckoss-Reteben  ce 

Establishment  and  designation  of  district  court,  see  title  7,  section  21. 

11.  Canal  closed  to  violators  of  anti-trust  laws. — No  vessel  per- 
mitted to  engage  in  the  coastwise  or  foreign  trade  of  the  United 
States  shall  be  permitted  to  enter  or  pass  through  the  Panama  Canal 
if  such  ship  is  owned,  chartered,  operated,  or  controlled  by  any  per- 
son or  company  which  is  doing  business  in  violation  of  the  pro- 
visions of  the  anti-trust  laws  (U.S.  Code,  title  15,  sees.  1  to  27),  or 
of  any  other  Act  of  Congress  amending  or  supplementing  the  same. 
The  question  of  fact  may  be  determined  by  the  judgment  of  any 
court  of  the  United  States  of  competent  jurisdiction  in  any  cause 
pending  before  it  to  which  the  owners  or  operators  of  such  ship  are 
parties.  Suit  may  be  brought  by  any  shipper  or  by  the  Attorney 
General  of  the  United  States.  (Aug.  24,  1912,  ch.  390,  sec.  11,  37 
Stat.  567  [U.S.  Code,  title  15,  sec.  31].) 

12.  Regulation  by  Governor  of  anchorage  and  movement  of  ves- 
sels in  time  of  national  emergency. — Within  the  territory  and 
waters  of  the  Canal  Zone  the  Governor  of  the  Panama  Canal,  with 
the  approval  of  the  President,  shall  exercise  all  the  powers  conferred 
by  section  1  of  the  Act  of  June  15,  1917  (ch.  30,  title  II,  40  Stat.  220 
[U.S.  Code,  title  50,  sec.  191]),  on  the  Secretary  of  the  Treasury. 
(June  15,  1917,  ch.  30,  title  II,  sec.  1,  40  Stat.  220  [U.S.  Code,  title 
50,  sec.  191].) 

CROS  S-REFERiBN  CES 

Failure  to  observe  regulations,  see  U.S.  Code,  title  50,  section  192  (appendix, 
p.  1014). 

Jurisdiction  of  district  court  and  duties  of  district  attorney  in  relation  to 
offenses,  see  U.S.  Code,  title  50,  section  39  (appendix,  p.  1012). 

CHAPTER  2.— ACCOUNTING  FOR  FUNDS 


Sec. 

31.  Consolidation   of   functions   in    relation 

to  the  various  funds. 

32.  Accounting     by     collecting     oflScers     of 

Panama  Canal. 


Sec. 

33.  Examination  of  accounts  by  persona  de- 
tailed from  General  Accounting 
Office. 


Section  31.  Consolidation  of  functions  in  relation  to  the  various 
funds. — The  consolidation  of  the  functions  of  receiving,  dis- 
bursing and  accounting  for  the  funds  of  the  Canal  Zone  Government 
and  the  Panama  Railroad  operations  on  the  Isthmus  with  the  func- 
tions of  receiving,  disbursing  and  accounting  for  the  funds  appropri- 
ated for  the  Panama  Canal  is  authorized  in  so  far  as  may  be  practi- 
cable, but  separate  accounts  shall  be  kept  of  the  transactions  under 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  42 


each  fund.  (Aug.  1,  1914,  ch.  223,  sec.  4,  38  Stat.  679  [U.S.  Code, 
title  48,  sec.  1327].) 

32.  Accounting  by  collecting  officers  of  Panama  Canal. — The 

collecting  officers  of  the  Panama  Canal  shall  render  their  accounts  in 
such  detail,  and  shall  transmit  with  their  accounts  to  the  General 
Accounting  Office  all  such  papers,  records  and  copies  relating  to  their 
transactions  as  collectors,  as  shall  be  prescribed  in  regulations  ap- 
proved by  the  President,  and,  in  his  judgment,  not  incompatible  with 
the  methods  of  accounting  prescribed  in  the  Budget  and  Accounting 
Act,  1921  (U.S.  Code,  title  31,  ch.  1).  (Aug.  1,  1914,  ch.  223,  sec.  5, 
38  Stat.  679  [U.S.  Code,  title  48,  sec.  1328].) 

33.  Examination  of  accounts  by  persons  detailed  from  General 
Accounting  Office. — In  prescribing  regulations  under  the  provisions 
of  the  next  preceding  section,  the  President  shall  provide  that  in  lieu 
of  furnishing  to  the  General  Accounting  Office  individual  detail 
collection  vouchers,  two  competent  persons  from  the  General  Ac- 
counting Office,  designated  by  the  Comptroller  General,  shall  be  sent 
at  such  time  as  may  be  designated  by  the  Comptroller  General,  to 
the  Canal  Zone  to  examine  the  accounts  and  vouchers  and  verify  the 
submitted  schedules  of  collections,  and  report  in  duplicate  to  the 
General  Accounting  Office  and  the  Auditor  of  the  Panama  Canal; 
and  such  persons  shall  make  such  other  examination  into  the  accounts 
of  the  Panama  Canal  as  may  be  directed  by  the  Comptroller  General, 
and  for  all  such  purposes  they  shall  have  access  to  all  records  and 
papers  pertaining  thereto.  Such  persons  shall  be  furnished  trans- 
portation and  traveling  expenses  out  of  such  appropriations  for  the 
Panama  Canal  as  may  be  designated  by  the  Governor.  (Mar.  3, 
1915,  ch.  75,  sec.  3,  38  Stat.  886  [U.S.  Code,  title  48,  sec.  1329].) 

CHAPTER  3.— ADMINISTERING   OATHS  AND   SUMMONING 

WITNESSES 


Sec. 

43.  Process   to    compel   attendance   of  wit- 
nesses and  production  of  papers. 


Sec. 

41.  Authority  of  certain  officers  to  admin- 

ister oaths  for  certification  of  papers. 

42.  Authority    to    summon    witnesses    and 

require  production  of  papers. 

Section  41.  Authority  of  certain  officers  to  administer  oaths  for 
certification  of  papers. — Members  of  the  board  of  local  inspectors, 
customs  officers,  quarantine  officers,  and  admeasurers,  appointed  by 
the  Governor  of  the  Panama  Canal,  may  administer  oaths  for  the 
purpose  of  certifying  the  correctness  of  official  papers.  (July  5, 
1932,  ch.  422,  sec.  1,  47  Stat.  576.) 

Ceoss-Refekence 

Administration  of  oaths  by  judicial  and  other  oflacers,  see  title  4,  section 
2171. 

42.  Authority  to  summon  witnesses  and  require  production  of 
papers. — The  officers  designated  in  the  next  preceding  section  may: 

a.  Summon  witnesses  to  testify  in  matters  within  the  jurisdiction 
of  such  officers;  and 

b.  Require  the  production  of  books  and  papers  necessary  thereto. 
(July  5,  1932,  ch.  422,  sec.  2,  47  Stat.  577.) 


T.  2,  §  43]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 


43.  Process  to  compel  attendance  of  witnesses  and  production 
of  papers. — The  district  court  may : 

a.  Issue  processes  at  the  request  of  the  designated  Canal  officers 
to  compel  the  attendance  of  witnesses  and  the  production  of  books 
and  papers;  and 

b.  Funish  for  contempt  of  court  any  person  who  refuses  to  obey 
such  processes,  or  who  refuses  to  be  sworn  or  to  answer  any  material 
or  proper  question  after  being  duly  sworn.  (July  5,  1932,  ch.  422, 
sec.  2,  47  Stat.  577  [U.S.  Code,  title  48,  sec.  1345a].) 


CHAPTER  4.— BUSINESS  OPERATIONS 


Sec. 
51. 


Providing  materials,  supplies,  and  serv- 
ices for  vessels. 


See. 

52.  Receipts  from  such  business ;  appropria- 
tion for  expenditure  and  reinvest- 
ment. 


Section  51.  Providing  materials,  supplies,  and  services  for 
vessels. — The  President  is  authorized  to  establish,  maintain  and 
operate,  through  the  Panama  Kailroad  Company  or  otherwise,  dry 
docks,  repair  shops,  yards,  docks,  wharves,  warehouses,  storehouses 
and  other  necessary  facilities  and  appurtenances  for  the  purpose  of 
providing  coal  and  other  materials,  labor,  repairs  and  supplies  for 
vessels  of  the  Government  of  the  United  States  and,  incidentally, 
for  supplying  such  at  reasonable  prices  to  passing  vessels,  in  accord- 
ance with  appropriations  hereby  authorized  to  be  made  from  time 
to  time  by  Congress  as  a  part  of  the  maintenance  and  operation  of 
the  Panama  Canal.  (Aug.  24,  1912,  ch.  390,  sec.  6,  37  Stat.  563 
[U.S.  Code,  title  48,  sec.  1323].) 

52.  Receipts  from  such  business;  appropriation  for  expenditure 
and  reinvestment. — Moneys  received  from  the  conduct  of  the  busi- 
ness referred  to  in  the  next  preceding  section,  may  be  expended  and 
reinvested  for  such  purposes  without  being  covered  into  the  Treasury 
of  the  United  States ;  and  such  moneys  are  hereby  appropriated  for 
such  purposes,  but  all  deposits  of  such  funds  shall  be  subject  to  the 
provisions  of  existing  law  relating  to  the  deposit  of  other  public  funds 
of  the  United  States,  and  any  net  profits  accruing  from  such  business 
shall  annually  be  covered  into  the  Treasury  of  the  United  States. 
Monthly  reports  of  such  receipts  and  expenditures  shall  be  made 
to  the  President  by  the  persons  in  charge,  and  annual  reports  shall 
be  made  to  the  Congress.  (Aug.  24,  1912,  ch.  390,  sec.  6,  37  Stat. 
563  [U.S.  Code,  title  48,  sec.  1323].) 

CHAPTER  5.— CUSTOMS  SERVICE 


Sec. 

61.  Control  by  Governor  of  importation  of 

articles  or  merchandise ;   regulations. 

62.  Offenses  in  relation  to  entry  or  impor- 

tation  of  articles  or  merchandise. 

63.  Seizure   and   confiscation   of  articles   il- 

legally imported  or  obtained. 

64.  Omission    of    merclumdise    from    mani- 

fest; penalty  and  forfeiture. 


Sec. 

65.  Omission  of  sea  stores  from  list ;  land- 

ing of  sea   stores ;   penalty  and   for- 
feiture. 

66.  Powers  of  officers  performing  duties  in 

relation  to  customs. 

67.  Fees   of  customs  officers. 


Section  61.  Control  by  Governor  of  importation  of  articles  or 
merchandise;  regulations.— The  Governor  of  the  Panama  Canal 
shall : 

a.  Have  control  for  customs  purposes  over  all  articles  introduced 
into  the  Canal  Zone  including  passengers'  baggage ;  and 


OPERATION,  MAINTENANCE.  AND  GOVERNMENT       [T.  2,  §  65 

b.  Have  authority  to  establish,  and  to  alter  and  amend  from  time 
to  time,  rules  and  regulations  governing:  ,     ^       i  v  -i 

(1)  The  entry  and  importation  of  goods  into  the  Canal  Zone;  and 

(2)  The  disposition  of  goods  brought  into  the  Canal  Zone  in 
violation  of  such  regulations.  (Feb.  16,  1933,  ch.  90,  sec.  1,  47  btat. 
813  [U.S.  Code,  title  48,  sec.  1325a].) 

62.  Offenses  in  relation  to  entry  or  importation  of  articles  or 
merchandise. — Any  person  who  shall: 

a.  Enter  or  import,  or  attempt  to  enter  or  import,  any  articles 
or  merchandise  into  the  Canal  Zone  before  the  entry  or  importation 
of  such  articles  or  merchandise  has  been  approved  by  the  proper 
officers  of  the  Canal  Zone;  i  i     .   • 

b.  Pass,  or  attempt  to  pass,  any  false,  forged  or  fraudulent  in- 
voice, bill  or  other  paper,  for  the  purpose  of  securing  the  entry  or 
importation  of  any  articles  or  merchandise  into  the  Canal  Zone  in 
violation  of  the  rules  and  regulations  established  under  the  authority 
of  the  next  preceding  section ;  or  ,,.,-,        n      ^, 

c.  Violate  any  of  the  rules  and  regulations  established  under  the 
authority  of  the  next  preceding  section ;  ,      .        . 

Shall  be  punished  by  a  fine  of  not  more  than  $100,  or  by  imprison- 
ment in  jail  for  not  more  than  ninety  days,  or  by  both.  (Feb.  16, 
1933,  ch.  90,  sec.  3,  47  Stat.  813  [U.S.  Code,  title  48,  sec.  1325c].) 

63.  Seizure  and  confiscation  of  articles  illegally  imported  or 
obtained. — Any  article  brought  into  or  obtained  in  the  Canal  Zone 
in  violation  of  the  rules  and  regulations  established  under  the  au- 
thority of  section  61  of  this  title  may  be  seized  and  held,  and,  unless 
entered  in  conformity  with  such  rules  and  regulations  withm  a 
period  of  thirty  days  from  the  date  of  seizure,  may  be  confiscated  and 
disposed  of  as  provided  in  such  rules  and  regulations.  (Feb.  16, 
1933,  ch.  90,  sec.  3,  47  Stat.  813  [U.S.  Code,  title  48,  sec.  1325c].) 

64.  Omission  of  merchandise  from  manifest;  penalty  and  for- 
feiture.—If  any  vessel  arriving  at  the  Canal  Zone  from  any  port, 
other  than  a  port  in  the  Canal  Zone  or  the  Republic  of  Panama,  is 
found  to  have  on  board  merchandise  not  manifested,  the  master  of 
such  vessel  shall  be  liable  to  a  penalty  equal  in  amount  to  the  value 
of  the  merchandise  not  manifested,  and  all  such  merchandise  be- 
longing to  or  consigned  to  or  for  the  officers  or  crew  of  the  vessel 
shall  be  forfeited :  Provided,  however,  That  such  penalty  shall  not 
be  imposed  if  it  is  made  to  appear  to  the  customs  officers,  or  to  the 
court  in  which  the  trial  is  held,  that  no  part  of  the  cargo  has  been 
unloaded  except  as  accounted  for  in  the  master's  report,  and  that 
the  errors  and  omissions  in  the  manifest  were  made  without  fraud  or 
collusion ;  and  in  such  case  the  master  may  be  allowed  to  correct  his 
manifest  by  means  of  a  post  entry.  A  permit  shall  not  be  granted 
to  unload  any  such  merchandise  so  omitted  from  the  manifest  before 
post  entry  or  addition  to  report  or  manifest  has  been  made.  (Feb. 
16,  1933,  ch.  90,  sec.  4,  47  Stat.  813  [U.S.  Code,  title  48,  sec.  1325d].) 

65.  Omission  of  sea  stores  from  list;  landing  of  sea  stores; 
penalty  and  forfeiture.— If  sea  stores  are  found  on  board  a  vessel 
from  any  port,  other  than  a  port  in  the  Canal  Zone  or  the  Republic  of 

93083—34 2  9 


T.  2,  §  66]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

Panama,  which  are  not  specified  in  the  list  furnished  the  boarding 
officer,  or  if  a  greater  quantity  of  such  articles  is  found  than  that 
specified  in  such  list,  or  if  any  of  such  articles  are  landed  without 
a  permit  being  first  obtained  from  the  customs  officer  for  that  pur- 
pose, all  of  such  articles  omitted  from  the  list  or  manifest,  or  so 
landed,  shall  be  seized  and  forfeited,  and  the  master  of  the  vessel 
shall  be  liable  to  a  penalty  treble  the  value  of  the  articles  so  omitted 
or  landed.  (Feb.  16,  1933,  ch.  90,  sec.  5,  47  Stat.  814  [U.S.  Code,  title 
48,  sec.  1325e].) 

66.  Powers  of  officers  performing  duties  in  relation  to  cus- 
toms.— Customs  officers  in  the  Canal  Zone,  including  deputy  ship- 
ping commissioners  and  boarding  officers  when  performing  duties  m 
relation  to  customs,  shall  have  general  powers  of  search,  seizure,  and 
arrest.     In  the  exercise  of  these  powers  such  officers  may: 

a.  Enter  any  building  other  than  a  dwelling  house ; 

b.  Stop  vessels  and  vehicles; 

c.  Search  vessels,  vehicles,  and  their  contents ;  and 

d.  Stop  and  search  persons  and  any  packages  carried  by  them. 
Such  rights  of  entry,  stopping,  search,  seizure,  and  arrest  shall  be 

exercised  only  when  there  are  reasonable  grounds  for  suspecting 
violations  of  the  customs  rules  and  regulations  authorized  under  sec- 
tion 61  of  this  title  or  of  the  United  States  applicable  in  the  Canal 
Zone.  (Feb.  16,  1933,  ch.  90,  sec.  2,  47  Stat.  813  [U.S.  Code,  title 
48,  sec.  1325b].) 

67.  Fees  of  customs  officers. — A  customs  officer  of  the  Canal  Zone 
may  collect  a  fee,  equivalent  to  the  fee  prescribed  by  the  United 
States  consular  regulations  for  the  same  act  or  service  when  per- 
formed by  consular  officials,  whenever  he  shall : 

a.  Certify  an  invoice,  landing  certificate,  or  other  similar  docu- 
ment ; 

b.  Register  a  marine  note  of  protest ;  or 

c.  Perform  any  notarial  service.  (Aug.  21,  1916,  ch.  371,  sec.  8, 
39  Stat.  528  [U.S.  Code,  title  48,  sec.  1326].) 

Cross-Refebet^ce 

Authority  to  certify  invoices  for  merchandise  shipped  to  United  States  from 
Canal  Zone,  see  U.S.  Code,  title  19,  section  1482  (appendix,  p.  957). 

CHAPTER  6.— EMPLOYEES 


Art. 


Sec. 


Appointment  and  compensation  in 
ficnoral 81 

Retirement  of  Canal  and  Railroad 
employees  on  Isthmus  who  are 
citizens 01 


Art.  Sec. 

3.  Compensation  for  injuries  to  Canal 

and   Railroad  employees 121 


ARTICLE  1.— APPOINTMENT  AND  COMPENSATION  IN  GENERAL 


Sec. 

81.  Appointment,    removal,    and   compensa- 

tion of  necessary  persons. 

82.  Deduction    from    compensation    of    per- 

.sons  in   military   or   naval   service. 


Sec. 

83.  Deduction      from      compensation      of 
amounts  due  for  supplies  or  services. 


Section  81.  Appointment,  removal,  and  compensation  of  neces- 
sary persons. — AH  persons,  other  than  the  Governor  of  the  Panama 


10 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  83 

Canal,  necessary  for  the  care,  management,  maintenance,  sanitation, 
government,  operation,  and  protection  of  the  Canal  and  Canal  Zone 
shall: 

a.  Be  appointed  by  the  President  or  by  his  authority; 

b.  Be  removable  at  the  pleasure  of  the  President ;  and 

c.  Receive  such  compensation  as  shall  be  fixed  by  the  President 
or  by  his  authority  until  such  time  as  Congress  may  by  law  regulate 
the  same,  but  salaries  or  compensation  fixed  by  the  President  here- 
under shall  in  no  instance  exceed  by  more  than  25  per  centum  the 
salary  or  compensation  paid  for  the  same  or  similar  services  to  per- 
sons employed  by  the  Government  in  continental  United  States. 
(Aug.  24,  1912,  ch.  390,  sec.  4,  37  Stat.  561  [U.S.  Code,  title  48, 
sec.  1305].) 

82.  Deduction  from  compensation  of  persons  in  military  or 
naval  service. — If  any  of  the  persons  appointed  or  employed  as  pro- 
vided in  sections  6  and  81  of  this  title  are  in  the  military  or  naval 
service  of  the  United  States,  the  amount  of  the  official  salary  paid 
to  any  such  person  shall  be  deducted  from  the  amount  of  salary  or 
compensation  provided  by  or  which  shall  be  fixed  under  the  terms  of 
those  sections,  but  this  section  shall  not  be  construed  as  requiring  the 
deduction  from  the  amount  of  such  salar}^  or  compensation,  of : 

a.  The  retired  pa}^  or  allowances  of  any  retired  warrant  officer  or 
enlisted  man  of  the  Army,  Navy,  Marine  Corps,  or  Coast  Guard ;  or 

b.  The  training  pay,  retainer  pay  or  allowances  of  any  warrant 
officer  or  enlisted  man  of  the  reserve  forces  of  the  Army,  Navy, 
Marine  Corps,  or  Coast  Guard.  (Aug.  24,  1912,  ch.  390,  sec.  4,  37 
Stat.  561  [U.S.  Code,  title  48,  sec.  1305] ;  Mar.  12,  1928,  ch.  213, 
45  Stat.  310  [U.S.  Code,  title  48,  sec.  1305a]. 

CB0S8-ReI"E[RENCES 

Double  salaries,  generally,  see  U.S.  Code,  title  5,  sections  58  to  59a 
(appendix,  p.  870). 

Holding  other  lucrative  office,  see  U.S.  Code,  title  5,  section  62  (appendix, 
p. 871). 

83.  Deduction  from  compensation  of  amounts  due  for  supplies 
or  services. — All  amounts  due  from  employees,  whether  to  the 
Panama  Canal,  Panama  Railroad  Company,  or  contractor,  for  trans- 
portation, board,  supplies  or  any  other  service,  are  hereby  authorized 
to  be  deducted  from  the  compensation  otherwise  pa3^able  to  such 
emplo3^ees,  and  to  be  paid  to  the  authorized  parties  or  to  be  credited 
to  the  appropriation  out  of  which  the  transportation,  board,  supplies, 
or  other  service  was  originally  paid.  (Mar.  4,  1907,  ch.  2918,  sec.  8, 
34  Stat.  1371.) 

Cboss-Reference 

Application  of  pay  to  indebtedness  due  United  States  on  removal  of  employee 
for  cause,  see  U.S.  Code,  title  5,  section  46a  (appendix,  p.  870). 


11 


T.  2,  §  91]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 


ARTICLE  2. 


-RETIREMENT   OF   CANAL  AND   RAILROAD   EMPLOYEES 
ON    ISTHMUS    WHO    ARE    CITIZENS 


Sec. 

91.  Employees  to  whom  article  applies. 

92.  Automatic  retirement ;   optional   retire- 
ment at  60  in  certain  cases. 

Voluntary  retirement. 

Di.sability  retirement ;  requirement  of 
medical  examination. 

Involuntary  separation  from  the  serv- 
ice. 

Method  of  computing  annuities. 

97.  Computation  of  accredited  service. 

98.  Credit  for  past  service. 


93. 
94. 


95. 
96. 


Sec. 
99.  Deductions. 

100.  Investments  and  accounts. 

101.  Return     of    amounts     deducted     from 

salaries. 

102.  Payment  of  annuities. 

103.  Benefits  extended  to  those  already  re- 

tired. 

104.  Board  of  actuaries. 

105.  Administration. 

106.  Moneys   not   assignable   or   subject    to 

legal  process. 

107.  Effective  date. 


91.  Employees  to  whom  article  applies. — All  employees  of  the 
Panama  Canal  on  the  Isthmus  of  Panama  and  all  employees  of 
the  Panama  Railroad  Company  on  the  Isthmus  of  Panama,  who  are 
citizens  of  the  United  States  and  whose  tenure  of  employment  is 
not  intermittent  nor  of  uncertain  duration,  shall  come  within  the 
provisions  of  this  article.  (Mar.  2,  1931,  ch.  375,  sec.  1,  46  Stat.  1471 
[U.S.  Code,  title  48,  sec.  1371].) 

92.  Automatic  retirement;  optional  retirement  at  60  in  certain 
cases. — All  employees  to  whom  this  article  applies  shall,  after  reach- 
ing the  age  of  sixty-two  years  and  having  rendered  at  least  fifteen 
years  of  service  on  the  Isthmus  of  Panama,  be  automatically  sep- 
arated from  the  service  and  retired  on  the  annuity  provided  for 
herein;  and  all  salary,  pay,  or  compensation  shall  cease  from  that 
date. 

On  and  after  July  1,  1932,  no  employee  to  whom  this  article  ap- 
plies who  shall  have  reached  the  retirement  age  prescribed  for  auto- 
matic separation  from  the  service,  shall  be  continued  in  such  service, 
notwithstanding  any  provision  of  law  or  regulation  to  the  con- 
trary: Provided,  That  the  President  may,  by  Executive  order,  exempt 
from  the  provisions  of  this  paragraph  any  person  when,  in  his 
judgment,  the  public  interest  so  requires :  Provided  further,  That  no 
such  person  heretofore  or  hereafter  separated  from  the  service  under 
any  provision  of  law  or  regulation  providing  for  such  retirement  on 
account  of  age  shall  be  eligible  again  to  appointment  to  any  appoin- 
tive office,  position,  or  employment  to  which  this  article  applies: 
Provided  further,  That  this  paragraph  shall  not  apply  to  any  person 
named  in  any  Act  of  Congress  providing  for  the  continuance  of 
such  person  in  the  service. 

All  employees  to  whom  this  article  applies  who  would  be  eligible 
for  retirement  from  the  service  upon  attaining  the  age  of  sixty- 
two  years  shall,  after  attaining  the  age  of  sixty  years  and  having 
rendered  at  least  thirty  years'  service,  computed  as  provided  in 
section  97  of  this  title,  be  eligible  for  retirement  on  an  annuity 
as  provided  in  section  96  of  this  title.  Retirement  under  the 
provisions  of  this  paragraph  shall  be  at  the  option  of  the  employee, 
but  if  such  option  is  not  exercised  prior  to  the  date  upon  which  the 
employee  would  otherwise  be  eligible  for  retirement  from  the  service, 
the  provisions  of  this  article  with  respect  to  automatic  separation 
from  the  service  shall  apply.  (Mar.  2,  1931,  ch.  375,  sec.  2,  46  Stat. 
1471  [U.S.  Code,  title  48,  sec.  1371a] ;  June  30,  1932,  ch.  314,  sec. 
204,  47  Stat.  404  [U.S.  Code,  title  5,  sec.  692b].) 


12 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  94 

93.  Voluntary  retirement. —  (a)  Any  employee  to  whom  this  arti- 
cle applies  who  shall  have  attained  the  age  of  fifty-five  and  rendered 
at  least  twenty-five  years  of  service,  of  which  not  less  than  fifteen 
years  shall  have  been  rendered  on  the  Isthmus  of  Panama,  may  vol- 
untarily retire  on  an  annuity  equivalent  in  value  to  the  present  worth 
of  a  deferred  annuity  beginning  at  the  age  at  which  the  employee 
would  otherwise  have  become  eligible  for  retirement,  computed  as 
provided  in  section  96  of  this  title,  the  present  worth  of  said  deferred 
annuity  to  be  determined  on  the  basis  of  the  American  Experience 
Table  of  Mortality  and  an  interest  rate  of  4  per  centum,  compounded 
annually. 

(b)  Any  employee  to  whom  this  article  applies  may  voluntarily 
retire  on  an  annuity  computed  as  provided  in  section  96,  who  shall 
have  attained  the  age  of  fifty-five  and  rendered  at  least  thirty 
years  of  service  on  the  Isthmus  of  Panama  (inclusive  of  absences 
while  in  the  service  of  the  United  States  during  the  World  War),  of 
which  not  less  than  three  years  shall  have  been  in  the  employment 
of  the  Isthmian  Canal  Commission  or  the  Panama  Railroad  Com- 
pany between  May  4,  1904,  and  April  1,  1914.  (Mar.  2,  1931,  ch. 
375,  sec.  3,  46  Stat.  1472  [U.S.  Code,  title  48,  sec.  1371b].) 

94.  Disability  retirement;  requirement  of  medical  examina- 
tions.—  (a)  Any  employee  to  whom  this  article  applies  who  shall  have 
attained  the  age  of  fifty -five  years  and  shall  have  rendered  at  least 
fifteen  years  of  service  on  the  Isthmus  of  Panama,  and  who  shall 
have  become  physically  or  mentally  disqualified  to  perform  satis- 
factorily and  efficiently  the  duties  of  his  position  or  of  any  other 
position  of  approximately  equal  compensation  to  which  he  might  be 
assigned,  because  of  the  strenuous  or  hazardous  nature  of  such  posi  • 
lion,  shall,  upon  the  request  or  order  of  the  Governor  of  the  Panama 
Canal,  be  retired  on  an  annuity  computed  in  accordance  with  the 
provisions  of  section  96  of  this  title:  Provided,  That  no  such  em- 
ployee shall  be  so  retired  except  after  an  examination  and  finding 
as  to  his  mental  or  physical  disqualifications  as  hereinafter  provided. 

(b)  Any  employee  to  whom  this  article  applies  who  shall  have 
.served  for  a  total  period  of  not  less  than  five  years,  and  who,  before 
becoming  eligible  for  retirement  under  the  conditions  defined  in 
section  92  of  this  title,  shall  have  become  totally  disabled  for  useful 
and  efficient  service  in  the  grade  or  class  of  position  occupied  by  the 
employee,  by  reason  of  disease  or  injury  not  clue  to  vicious  habits, 
intemperance,  or  willful  misconduct  on  the  part  of  the  employee, 
shall  upon  his  own  application  or  upon  request  or  order  of  the  Gov- 
ernor of  the  Panama  Canal,  be  retired  on  an  annuity  computed  in 
accordance  with  the  provisions  of  section  96  of  this  title. 

No  claim  shall  be  allowed  under  the  provisions  of  this  section 
unless  the  application  for  retirement  shall  have  been  executed  prior 
to  the  applicant's  separation  from  the  service  or  within  six  months 
thereafter.  No  employee  shall  be  retired  under  the  provisions  of 
this  section  unless  he  or  she  shall  have  been  examined  by  a  medical 
officer  of  the  United  States,  or  a  duly  qualified  physician  or  surgeon 
or  board  of  physicians  or  surgeons,  designated  by  the  Administrator 
of  Veterans'  Affairs  for  that  purpose,  and  found  to  be  disabled  in  the 
degree  and  in  the  manner  specified  herein. 

13 


T.  2,  §  94]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

Every  annuitant  retired  under  the  provisions  of  this  section,  unless 
the  disability  for  which  he  was  retired  be  permanent  in  character, 
shall  at  the  expiration  of  one  year  from  the  date  of  such  retirement 
and  annually  thereafter,  until  reaching  retirement  age  as  defined  in 
section  92  of  this  title,  be  examined  under  the  direction  of  the 
Administrator  of  Veterans'  Affairs  by  a  medical  officer  of  the  United 
States,  or  a  duly  qualified  physician  or  surgeon,  or  board  of  physi- 
cians or  surgeons  designated  by  the  Administrator  of  Veterans' 
Affairs  for  that  purpose,  in  order  to  determine  the  nature  and  degree 
of  the  annuitant's  disability,  if  any.  If  an  annuitant  shall  recover 
before  reaching  the  age  at  which  he  would  otherwise  have  become 
eligible  for  retirement  and  be  restored  to  an  earning  capacity  which 
would  permit  him  to  be  appointed  to  some  appropriate  position 
fairly  comparable  in  compensation  to  the  position  occupied  at  the 
time  of  retirement,  payment  of  the  annuity  shall  be  continued  tem- 
porarily to  afford  the  annuitant  opportunity  to  seek  such  available 
position,  but  not  in  any  case  exceeding  ninety  days  from  the  date 
of  the  medical  examination  showing  such  recovery. 

If  the  annuitant  shall  fail  to  obtain  reemployment  through  no  fault 
of  his  own  within  the  ninety-day  period  in  any  position  included 
in  the  provisions  of  this  article,  he  shall  be  considered  as  involun- 
tarily separated  from  the  service  as  of  the  date  he  shall  have  been 
retired  for  disability,  and  if  otherwise  eligible,  entitled  to  an  annuity 
under  section  95  of  this  title  to  begin  at  the  close  of  said  ninety-day 
period  based  on  the  service  rendered  prior  to  his  retirement  for 
disability. 

The  Administrator  of  Veterans'  Affairs  may  order  or  direct  at 
any  time  such  medical  or  other  examination  as  he  shall  deem  neces- 
sary to  determine  the  facts  relative  to  the  nature  and  degree  of 
disability  of  any  employee  retired  on  an  annuity  under  this  section. 
Should  an  annuitant  fail  to  appear  for  any  examination  required 
under  this  section,  payment  of  the  annuity  shall  be  suspended  until 
the  requirement  shall  have  been  met. 

In  all  cases  where  the  annuity  is  discontinued  under  the  provisions 
of  this  section  before  the  annuitant  has  received  a  sum  equal  to  the 
amount  credited  to  his  individual  account  as  provided  in  paragraph 
(a)  of  section  101  of  this  title,  together  with  interest  at  4  per  centum 
per  annum  compounded  on  June  30  of  each  year,  the  difference, 
unless  he  shall  become  reemployed  in  a  position  within  the  purview 
of  this  article,  shall  be  paid  to  the  retired  employee,  as  provided  in 
paragraj^h  (b)  of  section  101  of  this  title,  upon  application  therefor 
in  such  form  and  manner  as  the  Administrator  of  Veterans'  Affairs 
may  direct.  In  case  of  reemployment  in  a  position  within  the  pur- 
view of  this  article  the  amount  so  refunded  shall  be  redeposited  as 
provided  in  paragraph  (b)  of  section  101  of  this  title. 

No  person  shall  be  entitled  to  receive  an  annuity  under  the  pro- 
visions of  this  article,  and  compensation  under  the  provisions  of 
the  Act  of  September  7,  1916  (ch.  458,  39  Stat.  742  [U.S.  Code, 
title  5,  ch.  15]),  covering  the  same  period  of  time;  but  this  provision 
shall  not  be  so  construed  as  to  bar  the  right  of  any  claimant  to 
the  greater  benefit  conferred  by  either  Act  for  any  part  of  the  same 
period  of  time. 

14 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  95 

Fees  for  examinations  made  under  the  provisions  of  this  section, 
by  physicians  or  surgeons  who  are  not  medical  officers  of  the  United 
States,  shall  be  fixed  by  the  Administrator  of  Veterans'  Affairs,  and 
such  fees,  together  with  the  employee's  reasonable  traveling  and 
other  expenses  incurred  in  order  to  submit  to  such  examinations, 
shall  be  paid  out  of  the  appropriations  for  the  cost  of  administering 
this  article.  (Mar.  2,  1931,  ch.  375,  sec.  4,  46  Stat.  1472  [U.S.  Code, 
title  48,  sec.  1371c].) 

Note. — A  uniform  retirement  date  for  the  authorized  retirement  of  Federal 
personnel  is  fixed  by  the  Act  of  April  23,  1930  (ch.  209,  sec.  1,  46  Stat.  253 
[U.S.  Code,  title  5,  sec.  47a]),  which  reads  as  follows: 

"  Retirement  authorized  by  law  of  Federal  personnel  of  whatever  class,  civil, 
military,  naval,  judicial,  legislatire,  or  otherwise,  and  for  whatever  cause  retired, 
shall  take  effect  on  the  1st  day  of  the  month  following  the  mouth  in  which 
said  retirement  would  otherwise  be  effective,  and  said  1st  day  of  the  month  for 
retirements  made  after  July  1,  1930,  shall  be  for  all  purposes  in  lieu  of  such 
date  for  retirement  as  was  on  April  23,  1930,  authorized ;  except  that  the  rate 
of  active  or  retired  pay  or  allowance  shall  be  computed  as  of  the  date  retire- 
ment would  have  occurred  if  this  section  had  not  been  enacted." 

Section  2  of  the  act  (46  Stat.  253)  provided  as  follows:  "This  Act  shall 
become  effective  July  1,  1930.  All  laws  or  parts  of  laws,  insofar  as  in  conflict 
herewith,  are  repealed." 

95.  Involuntary  separation  from  the  service. — Should  any  em- 
ployee fifty-five  years  of  age  or  over  to  whom  this  article  applies, 
after  having  served  for  a  total  period  of  not  less  than  fifteen  years 
and  before  becoming  eligible  for  retirement  under  the  conditions 
defined  in  section  92  of  this  title,  become  involuntarily  separated  from 
the  service,  not  by  removal  for  cause  on  charges  of  misconduct  or 
delinquency,  such  employee  shall  be  paid  as  he  may  elect,  either — 

(a)  The  amount  of  the  deductions  from  his  basic  salary,  pay,  or 
compensation,  including  accrued  interest  thereon  computed  as  pre- 
scribed in  ]3aragraph  (b)  of  section  101  of  this  title; 

(b)  An  immediate  life  annuity  beginning  at  the  date  of  separation 
from  the  service,  having  a  value  equal  to  the  present  worth  of  a 
deferred  annuity  beginning  at  the  age  at  which  the  employee  would 
otherwise  have  become  eligible  for  retirement,  computed  as  provided 
in  section  96  of  this  title,  the  present  worth  of  said  deferred  annuity 
to  be  determined  on  the  basis  of  the  American  Experience  Table  of 
Mortality  and  an  interest  rate  of  4  per  centum,  compounded  an- 
nually; or 

(c)  A  deferred  annuity  beginning  at  the  age  at  which  the  em- 
ployee would  otherwise  become  eligible  for  retirement  computed  as 
provided  in  section  96  of  this  title. 

Any  employee  who  has  served  for  a  period  of  not  less  than  fifteen 
years,  and  who  is  forty-five  years  of  age,  or  over,  and  less  than  fifty- 
five  years,  and  who  becomes  separated  from  the  service  under  the 
conditions  set  forth  in  this  section  shall  be  entitled  to  a  deferred 
annuity,  but  such  employee  may,  upon  reaching  the  age  of  fifty-five 
years,  elect  to  receive  an  immediate  annuity  as  provided  in  paragraph 
(b)  of  this  section. 

Should  an  annuitant  under  the  provisions  of  this  section  be  re- 
employed in  any  position  included  in  the  provisions  of  this  article, 
payment  of  annuity  shall  not  be  allowed  covering  the  period  of  such 

15 


T.  2,  §  96]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

reemployment,  and  an  annuity  based  upon  involuntary  separation 
shall  not  be  allowed  upon  subsequent  separation  from  the  service 
unless  such  subsequent  separation  shall  be  involuntary.  (Mar.  2, 
1931,  ch.  375,  sec.  5,  46  Stat.  1474  [U.S.  Code,  title  48,  sec.  1371d].) 

Note. — With  respect  to  involuntary  separation  from  tlie  service  between 
June  16,  1933,  and  July  1,  1935,  by  a  person  having  at  least  30  years'  service, 
act  of  June  16,  1933  (ch,  101,  sec.  8,  par.  (b),  48  Stat.  305  [U.S.  Code,  title  48,  sec. 
1371  bb]),  provides  as  follows: 

"  Whenever  at  any  time  hereafter  prior  to  July  1,  1935,  any  person  to  whom 
the  Canal  Zone  Retirement  Act,  approved  March  2,  1931  (Public,  Numbered  781, 
Seventy-first  Congress),  applies,  who  has  an  aggregate  period  of  service  of  at 
least  thirty  years  computed  as  prescribed  in  section  7  of  such  Act  (section  97 
of  this  title),  is  involuntarily  separated  from  the  service  for  reasons  otlier 
than  his  misconduct,  such  employee  shall  be  entitled  to  an  annuity  computed 
as  provided  in  section  6  of  such  Act  (section  96  of  this  title)  payable  from  the 
Canal  Zone  retirement  and  disability  fund  less  a  sum  equal  to  5  ijer  centum 
of  such  annuity :  Provided,  That  when  an  annuitant  hereunder  attains  the  age 
at  which  he  w^ould  have  been  entitled  to  retirement  with  annuity  computed 
as  provided  in  section  6  of  such  Act  (section  96  of  this  title),  such  deduction 
from  the  annuity  shall  cease.  If  and  when  any  such  annuitant  shall  be 
reemployed  in  the  service  of  the  District  of  Columbia  or  the  United  States 
(including  any  corporation  the  majority  of  the  stock  of  which  is  owned  by 
the  United  States),  the  right  to  the  annuity  provided  by  this  section  shall  cease 
and  the  subsequent  annuity  rights  of  such  person  shall  be  determined  in  accord- 
ance with  the  applicable  provisions  of  retirement  law  existing  at  the  time  of 
the  subsequent  separation  of  such  person  from  the  service." 

96.  Method  of  computing  annuities. — The  annuity  of  an  em- 
ployee retired  under  the  provisions  of  this  article  shall  be  composed 
of— 

(1)  A  sum  equal  to  $37.50  multiplied  by  the  number  of  years  of 
service,  not  to  exceed  thirty  years,  rendered  (a)  on  the  Isthmus 
of  Panama,  or  (b)  in  the  military  or  naval  service  of  the  United 
States  in  the  Tropics;  and 

(2)  The  annuity  purchasable  with  the  sum  to  the  credit  of  the  em- 
ployee's individual  account,  including  accrued  interest  thereon  com- 
puted as  prescribed  in  paragraph  (a)  of  section  101  of  this  title, 
according  to  the  experience  of  the  Canal  Zone  retirement  and  dis- 
ability fund  as  may  from  time  to  time  be  set  forth  in  tables  of 
annuity  values  by  the  board  of  actuaries ;  and 

(3)  Thirty  dollars  multiplied  by  the  number  of  years  of  service 
rendered  and  not  allowable  under  paragraph  (1)  hereof:  Provided, 
That  the  number  of  years  of  service  to  be  used  in  computing  the 
allowance  under  paragraph  (3)  shall  not  exceed  the  difference 
between  thirty  and  the  number  of  allowable  years  of  service  under 
paragraph  (1) ;  and 

(4)  Thirty-six  dollars  multiplied  hj  the  number  of  years  of  serv- 
ice rendered  on  the  Isthmus  of  Panama,  either  in  the  employ  of  the 
Isthmian  Canal  Commission  or  the  Panama  Raih'oad  Company, 
between  May  4,  1904,  and  April  1,  1914. 

In  no  case,  however,  shall  the  total  annuity  paid  exclusive  of  that 
provided  in  paragraph  (4)  hereof,  be  less  than  an  auiount  equal  to 
the  sum  of — 

The  average  annual  basic  salary,  pay,  or  compensation,  not  to 
exceed  $2,00()  per  annum,  received  by  the  employee  during  any  five 
consecutive  years  of  allowable  service  at  the  option  of  the  employee, 

16 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT       [T.  2,  §  97 

multiplied  by  the  number  of  years  of  service  used  in  computing  the 
annuity  under  paragraph  (1)  hereof,  and  divided  by  forty;  and 
the  average  annual  basic  salary,  pay,  or  compensation,  not  to  exceed 
$1,600  per  annum,  received  by  the  employee  during  any  hve  consecu- 
tive years  of  allowable  service  at  the  option  of  the  employee,  mul- 
tiplied by  the  number  of  years  of  service  used  in  computing  the 
annuity  under  paragraph  (3)  hereof,  and  divided  by  forty:  Fro- 
vlded,  That  the  annuity  paid  a  retiring  emj^loyee  ot  the  i'anama 
Railroad  Company  in  such  service  on  June  30,  1931,  shall  be  an 
amount  equal  to  2  per  centum  of  the  average  annual  basic  salary, 
pay,  or  compensation,  not  to  exceed  $5,000  per  annum,  received  by 
the  employee  during  any  five  consecutive  years  of  allowable  service 
at  the  option  of  the  employee,  multiplied  by  the  number  ot  years 
of  allowable  service  rendered  prior  to  July  1,  1931;  plus  the  amount 
to  which  the  employee  is  entitled  under  the  provisions  of  this  section, 
exclusive  of  paragraph  (4),  for  service  rendered  subsequent  to  June 
30  1931 :  Provided,  however,  That  the  sum  to  be  used  in  computing 
the  annuity  purchasable  under  paragraph  (2)  of  this  section  shall 
include  only  contributions  made  subsequent  to  June  30,  1931:  Arul 
provided  further.  That  the  number  of  years  of  service  to  be  used 
in  computing  the  annuity  under  paragraph  (1)  and  w)  ot  this 
section  shall  not  exceed  the  difference  between  thirty  and  the  num- 
ber of  years  of  allowable  service  rendered  prior  to  July  1,  1931. 

The  annuity  granted  under  paragraphs  (1),  (3),  and  (4)  ot  this 
section  shall  not  exceed  three  fourths  of  the  average  annual  basic 
salary,  pay,  or  compensation  received  by  the  employee  during  any 
five  consecutive  years   of   allowable  service   at  the  option   of  the 

employee.  .  ,    ^  ^  •       • 

Any  employee  at  the  time  of  his  retirement  may  elect  to  receive,  m 
lieu  of  the  life  annuity  herein  described,  an  increased  annuity  of 
equivalent  value  which  shall  carry  with  it  a  proviso  that  no  unex- 
pended part  of  the  principal  upon  the  annuitant's  death  shall  be 
returned.  For  the  purposes  of  this  article  all  periods  of  service  shall 
be  computed  in  accordance  with  section  97  of  this  title,  and  the 
annuity  shall  be  fixed  at  the  nearest  multiple  of  twelve.  _ 

The  term  "  basic  salary,  pay,  or  compensation  ",  wherever  used  m 
this  article,  shall  be  so  construed  as  to  exclude  from  the  operation  ot 
the  article  all  bonuses,  allowances,  overtime  pay,  or  salary,  pay,  or 
compensation  given  in  addition  to  the  base  pay  of  the  position  as 
fixed  by  law  or  regulation.  (Mar.  2,  1931,  ch.  375,  sec.  6,  46  Stat. 
1474  [U.S.  Code,  title  48,  sec.  1371e].) 

97.  Computation  of  accredited  service.— Subject  to  the  provisions 
of  section  98  of  this  title,  the  service  which  shall  form  the  basis  for 
calculating  the  amount  of  any  benefit  provided  in  this  article  shall  be 
computed  from  the  date  of  original  employment,  whether  as  a  classi- 
fied or  an  unclassified  employee,  in  the  civil  service  of  the  United 
States  or  under  the  municipal  government  of  the  District  of  Colum- 
bia, including  periods  of  service  at  different  times  and  in  one  or  more 
departments,  branches,  or  independent  offices  of  the  Government,  and 
service  on  the  Isthmus  of  Panama  with  the  Isthmian  Canal  Commis- 
sion, the  Panama  Canal,  or  the  Panama  Railroad  Company;  also 
periods  of  service  performed  overseas  under  authority  of  the  United 

17 


T.  2,  §  98]       OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

States  and  periods  of  honorable  service  in  the  Army,  Navy,  Marine 
Corps,  or  Coast  Guard  of  the  United  States.  In  the  case  of  an 
employee,  however,  who  is  eligible  for  and  elects  to  receive  a  pension 
under  any  law,  or  retired  pay  on  account  of  military  or  naval  service, 
or  compensation  under  the  War  Eisk  Insurance  Act,  the  period  of  his 
military  or  naval  service  upon  which  such  pension,  retired  pay,  or 
compensation  is  based  shall  not  be  included,  but  nothing  in  this 
article  shall  be  so  construed  as  to  affect  in  any  manner  his  right  to  a 
pension,  or  to  retired  pay,  or  to  compensation  under  the  War  Risk 
Insurance  Act  in  addition  to  the  annuity  herein  provided. 

In  computing  length  of  service  for  the  purposes  of  this  article  all 
periods  of  separation  from  the  service,  and  so  much  of  any  leaves  of 
absencel  without  pay  as  may  exceed  six  months  in  the  aggregate  in 
any  calendar  year,  shall  be  excluded. 

In  determining  the  total  periods  of  service  upon  which  the  allow- 
ances are  to  be  computed  under  section  96  of  this  title,  the  fractional 
part  of  a  month,  if  any,  shall  be  eliminated  from  each  respective 
total  period.  (Mar.  2,  1931,  ch.  375,  sec.  7,  46  Stat.  1476  [U.S.  Code, 
title  48,  sec.  1371f].) 

98.  Credit    for    past    service. — All    employees    coming    within 

the  provisions  of  this  article  after  July  1,  1931,  shall  be  required  to 
deposit  with  the  Treasurer  of  the  United  States  to  the  credit  of 
the  Canal  Zone  retirement  and  disability  fund  referred  to  in  sec- 
tion 99  of  this  title,  under  rules  to  be  prescribed  by  the  Administrator 
of  Veterans'  Affairs,  a  sum  equal  to  2i/^  per  centum  of  the  employee's 
basic  salary,  pay,  or  compensation  received  for  services  rendered 
after  July  31,  1920,  and  prior  to  July  1,  1926,  and  also  3i/2  per 
centum  of  the  basic  salary,  pay,  or  compensation  for  services  ren- 
dered subsequent  to  June  30,  1926,  together  with  interest  computed 
at  the  rate  of  4  per  centum  per  annum  compounded  on  the  last  day 
of  each  fiscal  year,  but  such  interest  shall  not  be  included  for  any 
period  during  which  the  employee  was  separated  from  the  service. 
Upon  making  such  deposit  the  employee  shall  be  entitled  to  credit 
for  the  period  or  periods  of  service  involved :  Provided,  That  no 
such  deposit  shall  be  required  on  account  of  services  rendered  for 
the  Panama  Railroad  Company  prior  to  January  1,  1924:  Provided 
further,  That  failure  to  make  such  deposit  shall  not  deprive  the 
employee  of  credit  for  any  past  service  for  which  no  deposit  is 
required  under  the  provisions  of  this  section.  (Mar.  2,  1931,  ch.  375, 
sec.  8,  46  Stat.  1476  [U.S.  Code,  title  48,  sec.  1371g].) 

99.  Deductions. — Beginning  July  1,  1931,  there  shall  be  deducted 
and  withheld  from  the  basic  salary,  pay,  or  compensation  of  each 
employee  to  whom  this  article  applies  a  sum  equal  to  5  per  centum 
of  such  em})loyee's  basic  salary,  pay,  or  compensation.  The  amounts 
so  deducted  and  withheld  from  the  basic  salary,  pay,  or  compensa- 
tion of  each  employee  shall  be  deposited  with  the  Treasurer  of  the 
United  States  to  the  credit  of  a  special  fund  to  be  known  as  the 
Canal  Zone  retirement  and  disability  fund,  in  accordance  with  the 
procedure  now  or  hereafter  prescribed  for  covering  into  the  United 
States  Treasury  the  deductions  from  salaries  under  the  Civil  Service 
Retirement  Act  (U.S.  Code,  title  5,  c.  14),  and  said  fund  is  hereby 

18 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  101 

appropriated  for  the  payment  of  the  annuities,  refunds,  and  allow- 
ances as  provided  in  this  article. 

Every  employee  coming  within  the  provisions  of  this  article  shall 
be  deemed  to  consent  and  agree  to  the  deductions  from  salary,  pay, 
or  compensation  as  provided  herein,  and  payment  less  such  deduc- 
tions shall  be  a  full  and  complete  discharge  and  acquittance  of  all 
claims  and  demands  Avhatsoever  for  all  regular  services  rendered  by 
such  employee  during  the  period  covered  by  such  payment,  except 
the  right  to  the  benefits  to  which  he  shall  be  entitled  under  the 
provisions  of  this  article,  notwithstanding  the  provisions  of  any 
other  law,  rule,  or  regulation  aifecting  the  salary,  pay,  or  compensa- 
tion of  any  person  or  persons  to  whom  this  article  applies.  (Mar. 
2,  1931,  ch.  375,  sec.  9,  46  Stat.  1477  [U.S.  Code,  title  48,  sec.  1371h].) 

100.  Investments  and  accounts. — The  Secretary  of  the  Treasury 
shall  invest  from  time  to  time  in  interest-bearing  securities  of  the 
United  States  or  in  Federal  farm-loan  bonds  such  portions  of  the 
Canal  Zone  retirement  and  disability  fund  as  in  his  judgment  may 
not  be  immediately  required  for  the  payment  of  the  annuities,  re- 
funds, and  allowances  herein  authorized,  and  the  incomes  derived 
from  such  investments  shall  constitute  a  part  of  such  fund.  (Mar.  2, 
1931,  ch.  375,  sec.  10,  46  Stat.  1477  [U.S.  Code,  title  48,  sec.  13711].) 

101.  Return  of  amounts   deducted  from   salaries. —  (a)  Under 

such  regulations  as  may  be  prescribed  by  the  Civil  Service  Commis- 
sion the  amounts  deducted  and  withheld  from  the  basic  salary,  pay, 
or  compensation  of  each  employee  for  credit  to  the  civil-service 
retirement  and  disability  fund  or  the  Panama  Railroad  pension  fund, 
covering  service  rendered  prior  to  July  1,  1931,  shall  be  credited  to 
an  individual  account  of  such  employee  to  be  maintained  by  the 
Panama  Canal,  and  the  amounts  deducted  and  withheld  from  the 
basic  salary,  pay,  or  compensation  of  each  employee  for  credit  to 
the  Canal  Zone  retirement  and  disability  fund,  covering  service  from 
and  after  July  1,  1931,  less  the  sum  of  $1  per  month  or  major  frac- 
tion thereof,  shall  similarly  be  credited  to  such  individual  account. 

(b)  In  the  case  of  any  employee  to  whom  this  article  applies  who 
shall  be  transferred  to  a  position  not  within  the  purview  of  the 
article,  or  who  shall  become  absolutely  separated  from  the  service 
before  becoming  eligible  for  retirement  on  annuity,  the  amount 
credited  to  his  individual  account  shall  be  returned  to  such  employee 
together  with  interest  at  4  per  centum  per  annum  compounded  on 
June  30  of  each  year:  Provided^  That  when  any  employee  becomes 
involuntarily  separated  from  the  service,  not  by  removal  for  cause 
on  charges  of  misconduct  or  delinquency,  the  total  amount  of  his 
deductions  with  interest  thereon  shall  be  paid  to  such  employee : 
And  provided  further^  That  all  moneys  so  returned  to  an  employee 
must,  upon  reinstatement,  retransfer,  or  reappointment  to  a  position 
coming  within  the  purview  of  this  article,  be  redeposited  with  inter- 
est before  such  employee  may  derive  any  benefits  under  this  article, 
except  as  provided  in  this  section,  but  interest  shall  not  be  required 
covering  any  period  of  separation  from  the  service. 

(c)  In  case  an  annuitant  shall  die  without  having  received  in 
annuities  purchased  by  the  employee's  contributions  as  provided  in 
(2)  of  section  96  of  this  title  an  amount  equal  to  the  total  amount  to 

19 


T.  2,  §  102]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

his  credit  at  time  of  retirement,  the  amount  remaining  to  his  credit 
shall  be  paid  in  one  sum  to  his  legal  representatives  upon  the  estab- 
lishment of  a  valid  claim  therefor,  unless  the  annuitant  shall  have 
elected  to  receive  an  increased  annuity  as  provided  in  section  96  of 
this  title. 

(d)  In  case  an  employee  shall  die  without  having  attained  eligi- 
bility for  retirement  or  without  having  established  a  valid  claim  for 
annuity,  the  total  amount  of  his  deductions  with  interest  thereon 
shall  be  paid  to  the  legal  representatives  of  such  employee. 

(e)  In  case  a  former  employee  entitled  to  the  return  of  the  amount 
credited  to  his  individual  account  shall  become  legally  incompetent, 
the  total  amount  due  may  be  paid  to  a  duly  appointed  guardian  or 
committee  of  such  employee. 

(f)  If  the  amount  of  accrued  annuity  or  of  refund  due  a  former 
employee  who  is  legally  incompetent  does  not  exceed  $1.0U0,  and  if 
there  has  been  no  demand  upon  the  Administrator  of  Veterans' 
Affairs  by  a  duly  appointed  executor,  administrator,  guardian,  or 
committee,  payment  may  be  made,  after  the  expiration  of  thirty  days 
from  date  of  death  or  of  separation  from  the  service,  as  the  case  may 
be,  to  such  person  or  persons  as  may  appear  in  the  judgment  of  the 
Administrator  of  Veterans'  Affairs  to  be  legally  entitled  thereto,  and 
such  payment  shall  be  a  bar  to  recovery  by  any  otlier  person.  (Mar. 
2, 1931,  ch.  375,  sec.  11,  46  Stat.  1477  [U.S.  Code,  title  48,  sec.  1371j].) 

102.  Payment  of  annuities. — Annuities  granted  under  the  terms 
of  this  article  shall  be  due  and  payable  in  monthly  installments  on 
the  first  business  day  of  the  month  following  the  month  or  other 
period  for  which  the  annuity  shall  have  accrued;  and  payment  of 
all  annuities,  refunds,  and  allowances  granted  hereunder  shall  be 
made  by  checks  drawn  and  issued  by  the  disbursing  clerk  for  the 
payment  of  pensions  in  such  form  and  manner  and  with  such  safe- 
guards as  shall  be  prescribed  by  the  Administrator  of  Veterans' 
Affairs  in  accordance  with  the  laws,  rules,  and  regulations  governing 
accounting  that  may  be  found  applicable  to  such  payments. 

Applications  for  annuity  shall  be  in  such  form  as  the  Administrator 
of  Veterans'  Affairs  may  prescribe,  and  shall  be  supported  by  such 
certificates  from  the  heads  of  departments,  branches,  or  independent 
offices  of  the  Government  or  the  Panama  Railroad  Company  in  which 
the  applicant  has  been  employed  as  may  be  necessary  to  the  deter- 
mination of  the  rights  of  the  applicant.  Upon  receipt  of  satisfactory 
evidence  the  Administrator  of  Veterans'  Affairs  shall  forthwith  adju- 
dicate the  claim  of  the  applicant,  and  if  title  to  annuity  be  estab- 
lished, a  proper  certificate  shall  be  issued  to  the  annuitant  under  the 
seal  of  the  Veterans'  Administration. 

Annuities  granted  under  the  provisions  of  sections  92  and  93  of 
this  title  shall  commence  from  the  date  of  separation  from  the  service 
and  shall  continue  during  the  life  of  the  annuitant.  Annuities 
granted  under  the  provisions  of  sections  94  and  95  of  this  title  shall 
be  subject  to  the  limitations  specified  in  said  sections.  (Mar.  2,  1931, 
ch.  375,  sec.  12,  46  Stat.  1478  [U.S.  Code,  title  48,  sec.  1371k].) 

103.  Benefits  extended  to  those  already  retired. — In  the  case  of 
those  employees  of  the  Panama  Canal  or  the  Panama  Railroad  Com- 
pany who  before  July  1,  1931,  shall  have  been  retired  on  annuity 

20 


OPERATION,  MAINTENANCE,  AND  OOVERNMENT     [T.  2,  §  106 

under  the  provisions  of  the  Civil  Service  Retirement  Act  (U.S.  Code, 
title  5,  oh.  14),  or  said  Act  as  amended,  or  as  extended  by  Executive 
orders,  or  under  the  provisions  of  the  Panama  Railroad  pension  plan, 
the  annuity  shall  be  computed,  adjusted,  and  paid  under  the  pro- 
visions of  this  article,  but  this  article  shall  not  be  so  construed  as  to 
reduce  the  annuity  of  any  person  retired  before  its  effective  date, 
nor  shall  any  increase  in  annuity  commence  before  such  effective  date. 
All  those  who  were  separated  from  the  service  of  either  the  Panama 
Canal  or  the  Panama  Railroad  Company  on  the  Isthmus  of  Panama, 
subsequent  to  August  1,  1920,  and  before  July  1,  1931,  not  by  removal 
for  cause  on  charges  of  misconduct  or  delinquency,  without  having 
been  granted  retirement  annuities  due  to  the  fact  that  all  of  their 
service  which  would  be  allowable  under  the  provisions  of  this  article 
was  not  counted  in  arriving  at  their  total  service,  and  who  are  other- 
wise eligible  by  having  made  the  necessary  contributions  to  the  re- 
tirement and  disability  funds  as  herein  provided,  shall,  from  July  1, 
1931,  be  paid  annuities  in  accordance  with  the  provisions  of  this 
article.  (Mar.  2,  1931,  ch.  375,  sec.  13,  46  Stat.  1479  [U.S.  Code, 
title  48,  sec.  13711].) 

104.  Board  of  actuaries. — The  board  of  actuaries  selected  by  the 
Administrator  of  Veterans'  Affairs  under  the  provisions  of  section 
16  of  the  Act  of  July  3,  1926  (U.S.  Code,  title  5,  sec.  706a),  shall 
make  a  valuation  of  the  Canal  Zone  retirement  and  disability  fund 
at  intervals  of  five  years,  or  oftener,  if  deemed  necessary  by  the 
Administrator  of  Veterans'  Affairs.  (Mar.  2,  1931,  ch.  375,  sec.  14, 
46  Stat.  1479  [U.S.  Code,  title  48,  sec.  1371m].) 

105.  Administration. — For  the  purpose  of  administration,  except 
as  otherwise  provided  herein,  the  Administrator  of  Veterans'  Affairs, 
is  hereby  authorized  and  directed  to  perform,  or  cause  to  be  per- 
formed, any  and  all  acts  and  to  make  such  rules  and  regulations  as 
may  be  necessary  and  proper  for  the  purpose  of  carrying  the  pro- 
visions of  this  article  into  full  force  and  effect.  An  appeal  to  the 
Administrator  of  Veterans'  Affairs  shall  lie  from  the  final  action  or 
order  affecting  the  rights  or  interests  of  any  person  or  of  the  United 
States  under  this  article,  the  procedure  on  appeal  to  be  as  prescribed 
by  the  Administrator  of  Veterans'  Affairs. 

The  Administrator  of  Veterans'  Affairs  shall  make  a  detailed 
comparative  report  annuall}'-,  showing  all  receipts  and  disburse- 
ments on  account  of  annuities,  refunds,  and  allowances  under  this 
article,  together  with  the  total  number  of  persons  receiving  annuities 
and  the  total  amounts  paid  them ;  and  he  shall  transmit  to  Congress 
the  reports  and  recommendations  of  the  board  of  actuaries. 

The  Administrator  of  Veterans'  Affairs  shall  submit  annually  to 
the  Bureau  of  the  Budget  estimates  of  the  appropriations  necessary 
to  finance  the  Canal  Zone  retirement  and  disability  fund,  and  to 
continue  this  article  in  full  force  and  effect.  (Mar.  2,  1931  ch. 
375,  sec.  15,  46  Stat.  1479  [U.S.  Code,  title  48,  sec.  1371n].) 

Note. — Executive  order  no.  6670,  dated  April  7,  1934,  provides  for  the  trans- 
fer of  the  administration  of  this  article  to  the  United  States  Civil  Service 
Commission. 

106.  Moneys  not  assignable  or  subject  to  legal  process.— None 

of  the  moneys  mentioned  in  this  article  shall  be  assignable,  either  in 

21 


T.  2,  §  107]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 


law  or  equity,  or  be  subject  to  execution,  levy,  attachment,  garnish- 
ment, or  other  legal  process.  (Mar,  2,  1931,  ch.  375,  sec.  16,  46  Stat. 
1480  [U.S.  Code,  title  48,  sec.  13Tlo].) 

107.  Effective  date.— This  article  shall  take  effect  July  1,  1931, 
and  from  and  after  that  date  the  provisions  of  the  Civil  Service 
Retirement  Act  (U.S.  Code,  title  5,  ch.  14),  shall  not  apply  to  em- 
ployees of  the  Panama  Canal  on  the  Isthmus  of  Panama  or  to  any 
other  employees  coming  within  the  provisions  of  this  article: 
Provided^  however^  That  any  employee  of  the  Panama  Canal  who 
shall  attain  the  age  of  eligibility  for  retirement  without  having 
rendered  sufficient  service  on  the  Isthmus  of  Panama  to  entitle  him 
to  be  retired  on  an  annuity  as  provided  by  section  92  of  this  title, 
but  whose  aggregate  employment  under  the  United  States  would  be 
sufficient  in  character  and  duration  to  entitle  him  to  receive  an 
annuity  under  the  provisions  of  the  Civil  Service  Retirement  Act, 
will  be  eligible  to  retire  and  receive  an  annuity  under  the  provisions 
of  that  Act  and  payable  from  the  civil  service  retirement  and  dis- 
ability fund ;  and  in  such  event  the  employee  shall  be  entitled,  upon 
separation  from  the  service,  to  the  refund,  under  such  regulations  as 
the  Administrator  of  Veterans'  Affairs  may  prescribe,  of  any  excess 
in  the  deductions  made  from  his  salary,  pay,  or  compensation  under 
the  provisions  of  this  article,  with  interest,  over  those  which  would 
have  been  made  at  the  rate  fixed  by  the  Civil  Service  Retirement  Act 
as  amended;  and  the  Administrator  of  Veterans'  Affairs  shall  certify 
to  the  Secretary  of  the  Treasury  the  amount  remaining  to  the  credit 
of  such  employee  in  the  Canal  Zone  retirement  and  disability  fund, 
and  said  amount  shall  be  transferred  on  the  books  of  the  Treasury 
Department  to  the  civil  service  retirement  and  disability  fund. 
(Mar.  2,  1931,  ch.  375,  sec.  17,  46  Stat.  1480  [U.S.  Code,  title  48, 
sec.  1371  p.].)' 


ARTICLE   3.- 


-COMPENSATION    FOR   INJURIES   TO    CANAL   AND   RAIL- 
ROAD EMPLOYEES 


Sec. 

121.  Application     of     Federal     Employees' 

Compensation     Act    to    Canal    and 
Railroad   employees. 

122.  Release  or   assignment   of  rights  aris- 

ing from  liability  of  Panama   Rail- 
road Co. 


Sec. 

123.  Transfer  of  administration  of  act  to 
Governor ;  modifications  of  act  in 
respect  to  Canal  and  Railroad  em- 
ployees. 


121.  Application  of  Federal  Employees'  Compensation  Act  to 
Canal  and  Railroad  employees. — The  term  "  employee  "  whenever 
used  in  the  Act  of  September  7,  1916  (ch.  458,  39  Stat.  742),  as 
amended  (U.S.  Code,  title  5,  ch.  15),  includes  all  employees  of  the 
Panama  Canal  and  of  the  Panama  Railroad  Company.  (Sept.  7, 
1916  ch.  458,  sec.  40,  39  Stat.  750;  June  5,  1924,  ch.  261,  sec.  2,  43 
Stat.  389  [U.S.  Code,  title  5,  sec.  790].) 

Cross-Re!fekencb 

The  Federal  Employees'  Compensation  Act  cited  in  the  above  section  is 
shown  in  the  appendix  at  pa^e  S76. 

122.  Release  or  assignment  of  rights  arising  from  liability  of 
Panama  Railroad  Company. — If  an  injury  or  death  for  wliich  com- 
pensation is  payable  under  the  Act  of  September  7,  1916  (ch.  458, 

22 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  123 

39  Stat.  742),  as  amended  (U.S.  Code,  title  5,  ch.  15),  is  caused  under 
circumstances  creating  a  legal  liability  in  the  Panama  Railroad 
Company  to  pay  damages  therefor  under  the  laws  of  any  State, 
Territory,  or  possession  of  the  United  States  or  of  the  District  of 
Columbia  or  of  any  foreign  country,  no  compensation  shall  be  pay- 
able until  the  person  entitled  to  compensation  releases  to  the  Panama 
Railroad  Company  any  right  of  action  which  he  may  have  to  enforce 
such  liability  of  the  Panama  Railroad  Company,  or  until  he  assigns 
to  the  United  States  any  right  which  he  may  have  to  share  in  any 
money  or  other  property  received  in  satisfaction  of  such  liability 
of  the  Panama  Railroad  Company.  (Sept.  7,  1916,  ch.  458,  sec.  41, 
39  Stat.  750  [U.S.  Code,  title  5,  sec.  791].) 

123.  Transfer  of  administration  of  act  to  Governor;  modifica- 
tions of  act  in  respect  to  Canal  and  Railroad  employees. — The 

President  may,  from  time  to  time,  transfer  the  administration  of 
the  Act  of  September  7,  1916  (ch.  458,  39  Stat.  742),  as  amended 
(U.S.  Code,  title  5,  ch.  15),  so  far  as  employees  of  the  Panama  Canal 
and  of  the  Panama  Railroad  Company  are  concerned  to  the  Governor 
of  the  Panama  Canal,  in  which  case  the  words  "  commission  "  and 
"  its  "  wherever  they  appear  in  said  act  shall,  so  far  as  necessary  to 
give  effect  to  such  transfer,  be  read  "  Governor  of  the  Panama  Canal " 
and  "  his  " ;  and  the  expenses  of  medical  examinations  under  sections 
21  and  22-  of  said  act,  as  amended  (U.S.  Code,  title  5,  sees.  771  and 
772),  and  the  reasonable  traveling  and  other  expenses  and  loss  of 
wages  payable  to  employees  under  section  21  of  said  act,  as  amended, 
shall  be  paid  out  of  appropriations  for  the  Panama  Canal  or  out  of 
funds  of  the  Panama  Railroad,  as  the  case  may  be,  instead  of  out 
of  the  appropriation  for  the  work  of  the  United  States  Employees' 
Compensation  Commission. 

In  the  case  of  compensation  to  employees  of  the  Panama  Canal  or 
of  the  Panama  Railroad  Company  for  temporary  disability,  either 
total  or  partial,  the  President  may  authorize  the  Governor  of  the 
Panama  Canal  to  waive,  at  his  discretion,  the  making  of  the  claim 
required  by  section  18  of  said  act  (U.S.  Code,  title  5,  sec.  768).  In 
the  case  of  alien  employees  of  the  Panama  Canal  or  of  the  Panama 
Railroad  Company,  or  of  any  class  or  classes  of  them,  the  President 
may  remove  or  modify  the  minimum  limit  established  by  section  6 
of  said  act,  as  amended  (U.S.  Code,  title  5,  sec.  756),  on  the  monthly 
compensation  for  disability  and  the  minimum  limit  established  by 
clause  (K)  of  section  10  of  said  act,  as  amended  (U.S.  Code,  title  5, 
sec.  760)  on  the  monthly  pay  on  which  death  compensation  is  to  be 
computed.  The  President  may  authorize  the  Governor  of  the  Pan- 
ama Canal  to  pay  the  compensation  provided  by  said  act,  including 
the  medical,  surgical,  and  hospital  services  and  supplies  provided 
by  section  9  of  said  act,  as  amended  (U.S.  Code,  title  5,  sec.  759), 
and  the  transportation  and  burial  expenses  provided  by  sections  9 
and  11  of  said  act  (U.S.  Code,  title  5,  sees.  759  and  761),  out  of  the 
appropriations  for  the  Panama  Canal,  such  appropriations  to  be 
reimbursed  for  such  payments  by  the  transfer  of  funds  from  the 
employees'  compensation  fund.  (Sept.  7,  1916,  ch.  458,  sec.  42,  39 
Stat.  750  [U.S.  Code,  title  5,  sec.  793].) 


23 


T.  2,  §  141]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

CHAPTER  7.— EXCLUSION  AND  DEPORTATION  OF  PERSONS 


Sec. 

141.  Regulations  as  to  right  to  enter  or  re- 
main upon  Canal  Zone. 


Sec. 

142.  Punishment  of  persons  deported  from 
Canal  Zone  who  return  thereto. 


Section  141.  Regulations  as  to  right  to  enter  or  remain  upon 
Canal  Zone. — The  President  is  authorized  to  make  rules  and  regu- 
lations, and  to  alter  or  amend  the  same  from  time  to  time : 

a.  Touching  the  right  of  any  person  to  enter,  remain  upon  or  pass 
over  any  part  of  the  Canal  Zone;  and 

b.  For  the  detention  of  any  person  entering  the  Canal  Zone  in 
violation  of  such  rules  and  regulations,  and  the  return  of  such  per- 
son to  the  country  whence  he  came,  on  the  vessel  bringing  the  per- 
son to  the  Canal  Zone,  or  any  other  vessel  belonging  to  the  same 
owner  or  interest,  and  at  the  expense  of  such  owner  or  interest ;  and 
in  addition  to  the  punishment  prescribed  by  this  section  for  viola- 
tion of  such  rules  and  regulations,  the  authorities  of  the  Canal  Zone 
may  withhold  the  clearance  of  the  vessel  from  any  port  in  the  Canal 
Zone  until  any  fine  imposed  and  the  cost  of  maintenance  of  the 
person  are  paid. 

Any  person  violating  any  of  such  rules  or  regulations  shall  be 
punished  by  a  fine  of  not  more  than  $500,  or  by  imprisonment  in 
jail  for  not  more  than  one  year,  or  by  both.  (Aug,  21,  1916,  ch. 
371,  sec.  10,  39  Stat.  529  [U.S.  Code,  title  48,  sec.  1321].) 

Ceoss-References 

Punishment  for  importing  foreign  criminals,  see  title  5,  section   184. 
Extradition  of  persons  accused  of  crime,  see  title  6,  sections  8(51  et  seq. 

142.  Punishment  of  persons  deported  from  Canal  Zone  who 
return  thereto. — Any  person  who  voluntarily  returns  to  the  Canal 
Zone  after  having  served  a  sentence  of  imprisonment  therein  and 
after  being  deported  therefrom,  shall : 

a.  Be  punished  by  imprisonment  in  the  penitentiary  for  not  more 
than  two  years;  and 

b.  Be  removed  from  the  Canal  Zone  upon  the  completion  of  his 
sentence,  in  accordance  with  the  laws  and  orders  relating  to  deporta- 
tion. 

A  voluntary  entry  into  the  Canal  Zone  for  any  purpose  shall  be 
sufficient  to  constitute  a  return  to  the  Zone  within  the  meaning  of 
this  section,  except  that  the  Governor  of  the  Panama  Canal  may,  in 
his  discretion,  in  a  case  of  necessity,  grant  a  permit  to  any  such 
person  to  return  to  the  Canal  Zone  temporarily.  Any  such  person 
who  remains  in  the  Canal  Zone  after  the  expiration  of  the  time 
specified  in  the  permit  shall  be  deemed  guilty  of  a  violation  of  this 
section  and  be  punished  as  herein  provided.  (July  5,  1932,  ch. 
423,  47  Stat.  577.) 


24 


Sec. 

151.  Vessels   subject  to   inspection   in   gen- 

eral. 

152.  Inspection  of  foreign  vessels. 

153.  Regulations    governing    inspection. 

154.  Issuance  and  display   of  certificate   of 

in.spection. 

155.  Refusal   of  certificate  of  inspection. 

156.  Failure  to  Lave  or  display  certificate  ; 

receiving  excess  passengers  ;  fines. 


OPERATION,  MAINTENANCE,  AND  GO  VEllNMENT     [T.  2,  §  155 
CHAPTER  8.— INSPECTION  OF  VESSELS 

Sec. 

157.  Revocation  of  certificate  for  changes 
in  condition  of  vessel. 

158.  Small  vessels  propelled  by  machinery ; 
registration,  certification,  and  num- 
bering ;  licensing  of  operators ;  fines. 

159.  Small  vessels  not  propelled  by  ma- 
chinery ;  registration  and  number- 
ing ;  fines. 

100.  Small  vessels  carrying  passengers ; 
certificate  ;   inspection  ;   fines. 

Section  151.  Vessels  subject  to  inspection  in  general.-— All  ves- 
sels navigating  the  waters  of  the  Canal  Zone,  except  public  vessels 
of  all  nations,  and  private  vessels  merely  transiting  the  Canal,  shall 
be  subject  to  an  annual  inspection  of  hulls,  boilers,  machinery,  equip- 
ment, and  passenger  accommodations.  (Feb.  16,  1933,  ch.  88,  sec.  1, 
47  Stat.  811  [U.S.  Code,  title  48,  sec.  1336a].) 

Ceoss-Refebences 

Regulations  governing  the  navigation  of  the  harbors  and  other  vpaters  of  the 
Canal  Zone,  see  section  9  of  this  title. 

Radio  equipment  on  ocean-going  vessels  using  ports,  see  sections  361  and 
362  of  this  title. 

152.  Inspection  of  foreign  vessels. — A  foreign  <^essel  of  a  country 
which  has  inspection  laws  approximating  those  of  the  United  States, 
having  an  unexpired  certificate  of  inspection  duly  issued  by  the 
authorities  of  the  said  country,  shall  not  be  subjected  to  an  inspec- 
tion other  than  that  necessary  to  determine  whether  the  vessel, 
boilers  and  life-saving  equipment  are  as  stated  in  the  certificate  of 
inspection;  but  no  such  certificate  of  inspection  shall  be  accepted 
as  evidence  of  lawful  inspection  unless  like  privileges  are  granted 
to  vessels  of  the  United  States  under  the  laws  of  the  country  to 
which  such  vessel  belongs.  (Feb.  16,  1933,  ch.  88,  sec.  2,  47  Stat. 
811  [U.S.  Code,  title  48,  sec.  1336b].) 

153.  Regulations  governing  inspection. — ^The  Governor  of  the 
Panama  Canal  is  authorized  to  prescribe  regulations  concerning  the 
inspection  referred  to  in  the  two  next  preceding  sections,  which 
regulations  shall  conform  as  nearly  as  practicable  to  the  laws  and 
regulations  governing  the  Steamboat  lusnection  Service  of  the 
United  States.  (Feb.  16.  lO^S^-ch.  88,  sec,  1,  47  fitut.  ^il  [U.S.  Code, 
title  48,  sec.  1336a].)   •    '.   ■•;.''' 

154.  Issuance  attri  display  of  certific?ite  of  inspection.— When 

the  board  of  local  inspectors  of  tlw  P^mauia  Caiial  approves  a,  vessel 
and  its  equipment^  a  certificate  df  inspection,  in  triplicate,  shall  be 
issued  by  the  Canal  authorities,  two  copies  of  which  shall  be  dis- 
played in  conspicuous  places  in  the  vessel  where  they  are  most  likely 
to  be  observed  by  passengers  and  others,  and  there  kept  at  all  times 
framed  under  glass.  (Feb.  16,  1933,  ch.  88,  sec.  3,  47  Stat.  811  [U.S. 
Code,  title  48,  sec.  1336c].) 

155.  Refusal  of  certificate  of  inspection. — When  the  board  of 
local  inspectors  fails  to  approve  the  vessel  or  its  equipment,  a  cer- 
tificate of  inspection  shall  be  refused,  and  the  board  of  local  inspec- 
tors shall  make  a  statement  in  writing  giving  the  reason  for  failure 


93083—34- 


25 


T.  2,  §  156]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

to  approve,  filing  such  statement  in  the  records  of  the  board,  and  giv- 
ing a  copy  thereof  to  the  owner,  agent  or  master  of  the  vessel.  (Feb. 
16,  1933,  ch.  88,  sec.  4,  47  Stat.  811  [U.S.  Code,  title  48,  sec.  1336d].) 

156.  Failure  to  have  or  display  certificate;  receiving  excess 
passengers;  fines. — Any  vessel,  other  than  those  excepted  in  section 
151  of  this  title,  that  navigates  the  waters  of  the  Canal  Zone  without 
having  an  unexpired  certificate  of  inspection  issued  by  the  Canal 
authorities  or  by  the  Steamboat  Inspection  Service  of  the  United 
States,  or  an  unexpired  certificate  accepted  by  the  Canal  authorities 
under  section  152  of  this  title,  shall  be  subject  to  a  fine  of  not  more 
than  $1,000;  and  whenever  any  passenger  is  received  on  board  a 
vessel  not  having  certified  copies  of  the  certificate  of  inspection  placed 
and  kept  as  required  by  section  154  of  this  title,  or  whenever  pas- 
sengers are  received  on  board  a  vessel  in  excess  of  the  number  au- 
thorized by  said  certificate  of  inspection,  such  vessel  shall  be  liable  to 
a  fine  of  not  more  than  $100  for  each  passenger  so  received. 

Fines  shall  be  recovered  in  the  district  court,  and  the  amount  so 
recovered  shall  be  a  lien  upon  such  vessel,  and  it  may  be  seized  and 
sold  to  satisfy  same,  as  well  as  the  costs  of  the  court  proceedings. 
(Feb.  16,  1933,  ch.  88,  see.  5,  47  Stat.  811  [U.S.  Code,  title  48,  sec. 
1336e].) 

157.  Revocation  of  certificate  for  changes  in  condition  of 
vessel. — In  case  a  vessel  holding  an  unexpired  certificate  issued  by 
the  Canal  authorities  shall  change  its  condition  as  to  hull,  boilers, 
machinery,  equipment  or  accommodations  for  passengers  in  such 
manner  as  not  to  conform  to  the  regulations  under  which  such 
certificate  was  issued,  the  board  of  local  inspectors  is  authorized  to 
make  an  inspection  and  to  recommend  revocation  of  the  certificate  of 
inspection,  and  upon  approval  of  such  recommendation  by  the  marine 
superintendent,  or  such  other  officer  of  the  Panama  Canal  as  may  be 
designated  by  the  Governor,  a  notice  of  revocation  will  be  issued  to 
the  owner,  agent  or  master  of  the  vessel;  and  after  such  notice  of 
revocation  the  navigation  of  Canal  Zone  waters  by  such  vessel  shall 
subject  it  to  the  penalty  prescribed  by  section  156  of  this  title.  (Feb. 
16,  1933,  ch.  88,  sec.  6, 47  Stat.  811  [U.S.  Code,  title  48,  sec.  1336f].) 

158.  Small  vessels  propelled  by  machinery;  registration,  certifi- 
cation, and  numbering;  licensing  of  operators;  fines. — Small  ves- 
sels propelled  in-  whole  or  in  part  by  niacliinery,  other  than  public 
vessels  of  -the  United  States  or  of  the  Republic  of  Panama,  shall  be 
registered',  certificated  and  nr.mbered,,and  shall  display  the  numbers 
assigned  in  a  conspicjuoua -place  in  prescribed  form.  Such  vessels 
shall  not  be  operated  except  by  an  operator  holding  a  license  to 
operate,  issued  after  examination  by  the  board  of  local  inspectors, 
and  approval  of  such  examination  by  the  marine  superintendent  or 
such  other  officer  of  the  Panama  Canal  as  may  be  designated  by  the 
Governor.  Any  vessel  which  is  operated  in  Canal  Zone  waters  in 
violation  of  any  of  the  requirements  of  this  section  shall  be  liable 
to  a  fine  of  not  more  than  $100.  (Feb.  16,  1933,  ch.  88,  sec.  7,  47  Stat. 
812  [U.S.  Code,  title  48,  sec.  1336g].) 

159.  Small  vessels  not  propelled  by  machinery;  registration  and 
numbering;  fines. — Small  vessels  not  propelled  in  whole  or  in  part 

26 


OPERATION,  MAINTENANCE,  AND  GOYERNMENT     [T.  2,  §  160 

by  machinery  shall  be  registered  and  numbered,  and  when  numbers 
have  been  assigned  they  shall  be  displayed  in  a  conspicuous  place  in 
prescribed  form.  Any  vessel  which  is  operated  in  Canal  Zone  waters 
in  violation  of  any  of  the  requirements  of  this  section  shall  be  liable 
to  a  fine  of  not  more  than  $100.  (Feb.  16, 1933,  ch.  88,  sec.  8,  47  Stat. 
812  [U.S.  Code,  title  48,  sec.  1336h].) 

160.  Small  vessels  carrying  passengers;  certificate;  inspection; 
fines. — Vessels  under  65  feet  in  length,  before  carrying  passengers 
for  hire  in  Canal  Zone  waters,  shall  obtain  a  certificate  from  the 
Canal  Zone  authorities  to  engage  in  this  business,  and  such  certifi- 
cate shall  specify  the  number  of  passengers  and  life  preservers  and 
the  fire-fighting  apparatus  which  the  vessel  must  carry.  Such  vessels 
shall  be  subject  to  annual  inspection,  and  the  certificate  referred  to 
will  be  granted  for  one  year  only.  Any  such  vessel  which  shall  carry 
passengers  for  hire  without  first  having  obtained  the  certificate  re- 
quired by  this  section,  or  which  shall  carry  passengers  in  excess  of 
the  number  authorized  by  such  certificate,  shall  be  liable  to  a  fine  of 
not  more  than  $100  for  each  passenger  so  carried.  (Feb.  16,  1933, 
ch.  88,  sec.  9,  47  Stat.  812  [U.S.  Code,  title  48,  sec.  13361].) 

CHAPTER  9.— INTOXICATING  LIQUORS 

Note. — The  chapter  heading  "  Intoxicating  Liquors  "  has  been  reserved  here 
in  order  to  accommodate  any  special  liquor  legislation  which  may  be  enacted 
for  the  Canal  Zone,  supplanting,  in  application  to  the  Zone,  the  National 
Prohibition  Act  and  the  acts  amendatory  thereof  and  supplemental  thereto. 


27 


T.  2,  §  201]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 
CHAPTER  10.— KEEPING  AND  IMPOUNDING  OF  DOMESTIC  ANIMALS 


Sec. 

201.  Regulations    relative    to    keeping    and 
impounding  of  domestic  animals. 


Sec. 

202.  Violation  of  regulations ;  punishment. 


Section  201.  Regulations  relative  to  keeping  and  impounding 
of  domestic  animals. — The  Governor  of  the  Panama  Canal  is 
authorized  to  make  and  publish,  and  from  time  to  time  amend, 
regulations : 

a.  Governing  the  keeping  of  domestic  animals  within  the  Canal 
Zone; 

b.  Prescribing  v^here  and  under  what  conditions  domestic  ani- 
mals may  be  permitted  to  be  at  large,  and  when,  where  and  under 
what  conditions  such  domestic  animals  shall  be  confined;  and 

c.  Providing  for — 

(1)  The  impounding  of  animals; 

(2)  The  charges  to  be  paid  for  the  impounding  and  care  of  such 
animals  if  claimed  by  the  owner; 

(3)  The  disposition  of  unclaimed  animals;  and 

(4)  The  disposition  of  the  proceeds  of  the  sale  of  such  unclaimed 
animals,  if  sold.     (July  5,  1932,  cli.  427,  sec.  1,  47  Stat.  578.) 

Ckoss-Heference 

Offenses  in  relation  to  the  keeping,  etc.,  of  animals,  see  title  5,  sections  561 
to  567,  608  and  SIO. 

202.  Violation  of  regulations;  punishment. — Any  person  who 
shall  violate  any  provision  of  the  regulations  established  under  the 
next  preceding  section,  shall  be  guilty  of  a  misdemeanor.  (July  5. 
1932,  ch.  427,  sec.  2,  47  Stat.  579.) 

CHAPTER  11.— NOTARIES  PUBLIC 

Section  211.  Appointment  and  regulation  by  Governor. — The  Gov- 
ernor of  the  Panama  Canal  shall  appoint  all  notaries  public,  pre- 
scribe their  powers  and  duties,  their  official  seal,  and  the  fees  to  be 
charged  and  collected  by  them.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37 
Stat.  564;  Sept.  21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933, 
ch.  91,  sec.  1,  47  Stat.  814  [U.S.  Code,  title  48,  sec.  1336].) 

CHAPTER  12.— PANAMA  RAILROAD  COMPANY;  RAILROADS 


Ai't.  Sec. 

1.   In  General 221 


Art.  Sec. 

2.  Safety   Appliances 241 


Ceoss-References 

Carriers,  their  rights,  duties,  and  liabilities,  see  title  3,  sections  1391  to 
1459. 

Consolidation  of  functions  in  respect  to  receiving,  disbursing,  and  accounting 
for  funds,  see  section  31  of  this  title. 

Compensation  for  injuries  to  employees  of  Panama  Railroad  Company,  see 
sections  121  to  123  of  this  title. 

Liability  of  railroads  to  their  employees  in  certain  cases,  see  U.S.  Code, 
title  45,  sections  52  to  59  (appendix,  p.  989). 

Retirement  of  Panama  Railroad  employees  on  Isthmus  who  are  citizens, 
see  sections  91  to  107  of  this  title. 

Malicious  injuries  to  railroads,  see  title  5,  sections  826  and  827. 

28 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  241 


Other  offenses  in  relation  to  railroads,  see  title  5,  sections  521,  523  to  526, 
664,  688,  739,  740,  824,  843  and  844. 

Suits  in  Admiralty  Act  not  to  apply  to  Panama  Railroad,  see  U.S.  Code, 
title  46,  section  741   (appendix,  p.  991). 

Transfer  to  Shipping  Board  of  vessels  owned  by  Panama  Railroad  Co.  and 
not  required  in  its  business,  see  U.S.  Code,  title  46,  section  806. 

ARTICLE  1.— IN  GENERAL 


Sec. 

221.  Annual  payment  by  Panama  Railroad 

Co.   to  United   States   not   required. 

222.  Carriage  by  Panama  Railroad  Co.   of 

marine  and   fire   insurance. 


Sec. 

223.  Contracts    between    Panama    Railroad 

Co.  and  departments  of  Government. 

224.  Hours  of  work  for  telegraph  operators 

and  train  dispatchers. 


Section  221.  Annual  payment  by  Panama  Railroad  Company  to 
United  States  not  required. — Payment  by  the  Panama  Railroad 
Company  to  the  United  States,  in  accordance  with  the  treaty  with 
Panama,  of  the  annual  subsidy  of  $250,000,  as  provided  by  the  con- 
cession granted  by  the  United  States  of  Colombia,  shall  not  be 
required.  (June  25,  1910,  ch.  384,  sec.  2,  36  Stat.  772  [U.S.  Code 
title  48,  sec.  1334].) 

222.  Carriage  by  Panama  Railroad  Company  of  marine  and  fire 
insurance. — The  Panama  Railroad  Company  shall  carry  no  insur- 
ance to  cover  marine  or  fire  losses.  (Mar.  4,  1911,  ch.  285,  sec.  2, 
36  Stat.  1451  [U.S.  Code,  title  48,  sec.  1333].) 

223.  Contracts  between  Panama  Railroad  Company  and  de- 
partments of  Government. — The  Panama  Railroad  Company  shall 
not  be  required  to  give  bond,  either  with  or  without  surety,  in  con- 
tracts which  it  may  make  to  furnish  services,  materials,  or  supplies 
to  the  Army,  Navy,  Marine  Corps,  or  other  departments  of  the  Gov- 
ernment, and  such  contracts  may  be  made  for  periods  less  than  one 
year,  as  may  be  agreed  on,  and  formal  contracts  in  writing  shall 
not  be  required  unless  agreed  on.  (Mar.  4,  1911,  ch.  285,  sec.  6,  36 
Stat.  1452  [U.S.  Code,  title  48,  sec.  1335].) 

224.  Hours  of  work  for  telegraph  operators  and  train  dis- 
patchers.— No  operator,  train  dispatcher  or  other  employee  of  the 
Panama  Railroad  Company  who  by  the  use  of  the  telegraph  or 
telephone  dispatches,  reports,  transmits,  receives,  or  delivers  orders 
pertaining  to  or  affecting  train  movements  shall  be  required  or  per- 
mitted to  be  or  remain  on  duty  for  a  longer  period  than  nine  hours 
in  any  twenty-four-hour  period  in  any  tower,  office,  place  or  station 
continuously  operated  night  and  day,  nor  for  a  longer  period  than 
thirteen  hours  in  any  tower,  office,  place  or  station  operated  only 
during  the  daytime,  except  in  case  of  emergency,  when  the  employees 
named  in  this  section  may  be  permitted  to  be  and  remain  on  duty 
for  four  additional  hours  in  a  twenty-four-hour  period  on  not  exceed- 
ing three  days  in  any  week. 

ARTICLE  2.— SAFETY  APPLIANCES 

Sec. 

241.  Requirements  of  Safety  Appliance  Acts 

extended  to  Canal  Zone. 

242.  Running    boards,    ladders,     sill    steps, 

roof  handholds,  and  brake  shafts. 

241.  Requirements  of  Safety  Appliance  Acts  extended  to  Canal 
Zone. — The  requirements  of  the  Safety  Appliance  Acts  (U.S.  Code, 

29 


Sec. 

243.  Maintenance  of  appliances  in  good  and 

working  order. 

244.  Observance  by  Panama  Railroad. 


T.  2,  §  242]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

title  45,  sees.  1  to  10),  relating  to  the  use  on  trains  of  certain  de- 
scribed and  approved  driving-wheel  and  train  brakes,  couplers,  hand 
holds,  and  draw  bars  of  required  height  for  freight  cars,  shall  be 
extended  to  apply  to  the  Canal  Zone, 

242.  Running  boards,  ladders,  sill  steps,  roof  handholds,  and 
brake  shafts. — The  various  appliances  for  the  protection  of  train- 
men on  freight  train  cars,  with  reference  to  runnnig  boards,  ladders, 
sill  steps,  roof  handholds,  and  the  position  of  brake  shafts,  as  desig- 
nated in  the  existing  standards  of  the  Master  Car  Builders'  Asso- 
ciation in  the  United  States,  shall  be  used  by  all  carriers  in  the 
Canal  Zone. 

243.  Maintenance  of  appliances  in  good  and  working  order. — 

The  equipment  and  appliances  required  to  be  used  in  sections  241  and 
242  of  this  title  shall  be  constantly  and  at  all  times  maintained  in 
good  and  working  order  by  any  and  all  railroads  engaged  in  the 
business  of  a  common  carrier  and  operating  in  the  Canal  Zone. 

244.  Observance  by  Panama  Railroad. — In  particular,  sections 
241  to  244  of  this  title  shall  be  carefully  observed  and  obeyed  by 
the  Panama  Railroad,  a  carrier  operating  in  the  Canal  Zone. 

Note. — With  respect  to  the  use  of  safety  appliances  on  railroads  operated 
and  cars  used  by  the  Government  of  the  United  States  within  reservations 
and  other  territories  under  its  jurisdiction,  section  5  of  the  Executive  order 
of  January  6,  19t>9,  as  amended  by  the  Executive  order  of  March  19,  1913, 
provides  as  follows : 

"  All  railroads  operated  and  cars  used  by  the  Government  of  the  United 
States  within  navy  yards,  arsenals,  military  reservations,  Government  wharves, 
and  any  and  all  other  territories  under  the  jurisdiction  of  the  United  States, 
shall  be  equipped  with  the  safety  appliances  required  in  the  Safety  Appliance 
Acts  mentioned  and  described  in  section  1  of  this  order  (sec.  241  of  this  title), 
and  in  the  codes  of  rules  mentioned  and  described  in  section  2  of  this  ordeo* 
(see.  242  of  this  title)  ;  and  said  equipment  and  appliances  shall  at  all  times  be 
maintained  in  good  and  working  order. 

"  The  application  of  the  requirements  of  the  Safety  Appliance  Acts  to  equip- 
ment of  rolling  stock  at  navy  yards  is  hereby  so  far  modihed  that  the  cars  and 
engines  at  yards  and  stations  will  be  fitted  with  safety  appliances  only  to 
such  extent  as  may,  in  the  judgment  of  the  commandant,  subject  to  the 
approval  of  the  Chief  of  the  Bureau  of  Yards  and  Docks,  Navy  Department, 
be  deemed  necessary   or  advisable." 

CHAPTER    13.— PARDONS    AND    REPRIEVES    AND    REMISSION    OF 
FINES  AND  FORFEITURES 

Section  261.  Authority  of  Governor. — The  Governor  may  grant 

pardons  and  reprieves  and  remit  fines  and  forfeitures  for  offenses 
against  the  laws  of  the  Canal  Zone  and  reprieves  for  offenses  against 
the  laws  of  the  United  States  until  the  decision  of  the  President  is 
made  known  thereon.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564; 
Sept.  21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91, 
sec.  1,  47  Stat.  814  [U.S.  Code,  title  48,  sec.  1342].) 

Cboss-Kefeeences 

Issuance  of  i>ermits  to  be  at  liberty,  to  persons  imprisoned  as  habitual 
criminals,  see  title  5,  sections  75  and  76. 

Suspension  of  execution  of  judgment  of  death,  see  title  6,  section  523. 

Suspension  of  sentence  by  district  and  magistrates'  courts,  see  title  6,  sections 
500  and  501. 

30 


OPERATION,  MAINTENANCE,  AND  GO  VERNMENT     [T.  2,  5?  275 
CHAPTER  14.— POSTAL  SERVICE 


Sec. 

274.  Rate    of    interest    on    deposit    money 
*  orders. 

275.  Use    of    interest    from    money    order 

funds  deposited  in  banks. 


Sec. 

271.  Application    of    United    States    postal 

laws,  rules  and  regulations. 

272.  Authority   of   Governor   in   respect   to 

the  service. 

273.  Defraying   expenses  from   revenues  so 

far  as  possible. 

Section  271.  Application  of  United  States  postal  laws,  rules,  and 
regulations. — The  postal  service  of  the  Canal  Zone  shall  be  governed, 
except  as  otherwise  provided  in  this  chapter,  by  such  of  the  laws, 
rules  and  regulations  of  the  Postal  Service  of  the  United  States  as 
are  not  inapplicable  to  the  conditions  existing  in  the  Canal  Zone. 
(Feb.  16,  1933,  ch.  89,  sec.  1,  47  Stat.  812  [U.S.  Code,  title  48,  sec. 
1323a].) 

Ceoss-Re:fekences 

Extension  to  Canal  Zone  of  United  States  laws  and  regidations  defining 
crimes  against  the  postal  service,  see  title  5,  section  111. 

For  the  laws  of  the  Postal  Service  of  the  United  States,  see  U.S.  Code, 
title  39. 

272.  Authority  of  Governor  in  respect  to  the  service. — The  Gov- 
ernor of  the  Panama  Canal  is  authorized : 

a.  To  establish  new  post  offices  or  discontinue  those  already 
established ; 

b.  To  provide  such  rules  and  regulations  as  are  necessary  for  the 
operation  of  the  service ; 

c.  To  appoint  the  personnel  of  the  service;  and 

d.  To  prescribe  the  postage  stamps  and  other  stamped  paper  which 
shall  be  used  in  the  service.  (Feb.  16,  1933,  ch.  89,  sec  1,  47  Stat.  812 
[U.S.  Code,  title  48,  sec.  1323a].) 

273.  Defraying  expenses  from  revenue  so  far  as  possible. — The 

expenses  of  operating  the  Canal  Zone  postal  service  shall  be  de- 
frayed, so  far  as  possible,  from  the  revenue  derived  therefrom,  the 
use  of  which  for  that  purpose  is  authorized.  (Feb.  16,  1933,  ch. 
89,  sec.  1,  47  Stat.  812  [U.S.  Code,  title  48,  sec.  1323a].) 

274.  Rate  of  interest  on  deposit  money  orders. — Deposit  money 
orders  issued  in  the  Canal  Zone  in  lieu  of  postal  savings  certificates 
in  accordance  with  rules  and  regulations  heretofore  established  bj^ 
the  President,  or  that  may  hereafter  be  established  by  him,  shall 
bear  interest  at  a  rate  not  exceeding  3  per  centum  per  annum.  (Feb. 
16,  1933,  ch.  89,  sec.  2,  47  Stat.  812  [U.S.  Code,  title  48,  sec.  1323b].) 

275.  Use  of  interest  from  money  order  funds  deposited  in 
banks. — The  interest  received  from  the  Canal  Zone  money-order 
funds  deposited  in  banks  under  Canal  Zone  regulations  shall  form 
a  part  of  the  postal  revenues  and  shall  be  available  to  pay : 

a.  The  interest  on  deposit  money  orders  authorized  by  the  next 
preceding  section;  and 

b.  The  losses  which  are  chargeable  to  the  Canal  Zone  postal  serv- 
ice. (Feb.  16,  1933,  ch.  89,  sec.  3,  47  Stat.  812  [U.S.  Code,  title  48. 
sec.  1323c].) 


31 


T.2,  §291]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

CHAPTER   15.— PROTECTION  OF   BIRDS   AND  THEIR   NESTS 

Sec.  I   Sec. 

291.  Regulations  for  protection  of  birds  and       293.  Violations  of  law  or  regulations ;  pun- 

their  nests.  »  ishment. 

292.  Taking,  disturbing,  or  killing  birds  or 

taking  eggs.  ' 

Section  291.  Regulations  for  protection  of  birds  and  their 
nests. — The  Governor  of  the  Panama  Canal  shall : 

a.  Make  and  publish  suitable  regulations,  fi-om  time  to  time,  for 
the  protection  of  birds  and  their  nests  within  the  Canal  Zone ;  and 

b.  Prescribe  the  form  and  manner  in  which  birds  may  be  hunted 
therein  and  the  kinds  of  birds  that  may  be  hunted  and  that  shall 
not  be  molested.    (July  5,  1932,  ch.  420,  sec.  1,  47  Stat.  576.) 

Ceoss-Re:ference 
Carrying  and  keeping  of  arms,  and  hunting,  see  title  5,  sections  871  to  877. 

292.  Taking,  disturbing,  or  killing  birds  or  taking  eggs. — No 

person  shall  hunt,  trap,  capture,  willfully  disturb,  or  kill  any  bird 
of  any  kind  whatever,  or  take  the  eggs  of  any  bird,  within  the  Canal 
Zone,  except  in  the  form  and  manner  permitted  by  the  regulations 
provided  for  by  the  next  preceding  section.  (July  5,  1932,  ch.  420, 
sec.  2,  47  Stat.  576.) 

293.  Violations  of  law  or  regulations;  punishment. — A  violation 
of  any  of  the  provisions  of  the  next  preceding  section  or  of  any  of 
the  regulations  established  under  section  291  of  this  title  shall  be 
punished  for  each  offence  by  a  fine  of  not  more  than  $100,  or  by 
imprisonment  in  jail  for  not  more  than  thirty  days.  (July  5,  1932, 
ch.  420,  sec.  3,  47  Stat.  576.) 

CHAPTER  16.— PUBLIC  LANDS 


Sec. 

301.  Acquisition  by  United  States  of  title 

to  land  in  Canal  Zone. 

302.  Withdrawal  of  certain  tract  from  ef- 

fect of  next  preceding  section. 


Sec. 

303.  Lease  of  public  lands ;  land  survey. 

304.  Revocable    licenses    for    lots    in    town 

sites. 


Section  301.  Acquisition  by  United  States  of  title  to  land  in 
Canal  Zone. — The  President  is  authorized  to  declare  by  Executive 
order  that  all  land  and  land  under  water  within  the  limits  of  the 
Canal  Zone  is  necessary  for  the  construction,  maintenance,  operation, 
sanitation  or  protection  of  the  Panama  Canal,  and  to  extinguish, 
by  agreement  when  advisable,  all  claims  and  titles  of  adverse  claim- 
ants and  occupants.  Upon  failure  to  secure  by  agreement  title  to 
any  such  parcel  of  land  or  land  under  water  the  adverse  claim  or 
occupancy  shall  be  disposed  of  and  title  thereto  secured  in  the  United 
States  and  compensation  therefor  fixed  and  paid  in  the  manner 
provided  in  the  treaty  with  the  Kepublic  of  Panama  dated  Novem- 
ber 18,  1903,  or  such  modification  of  that  treaty  as  may  be  made. 
(Aug.  24,  1912,  ch.  390,  sec.  3,  37  Stat.  561  [U.S.  Code,  title  48, 
sec.  1304].) 

Cboss-Reference 

Establishment  of  Canal  Zone,  see  section  2  of  tliis  title. 

32 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  303 

302.  Withdrawal  of  certain  tract  from  effect  of  next  preceding 
section. — The  following  tract  of  land  situated  within  the  Canal  Zone, 
and  more  particularly  described  as  lots  numbered  641,  643,  645,  and 
647,  in  the  town  of  Cristobal,  Canal  Zone,  the  same  being  bounded  on 
the  north  by  Eleventh  Street,  on  the  east  by  Bolivar  Street,  on  the 
south  by  lot  numbered  649,  and  on  the  west  by  a  vacant  lot,  the  said 
lots  or  tract  of  land  having  an  extension  from  north  to  south  of 
120  feet  and  from  east  to  west  of  100  feet,  and  measuring  in  super- 
ficial area  12,000  square  feet,  is  withdrawn  from  the  operation  of  the 
next  preceding  section  and  the  Executive  order  of  December  5,  1912, 
relating  thereto. 

The  Panama  Railroad  Company  is  authorized  to  sell,  transfer  and 
convey  said  lots  or  tracts  of  land  with  all  improvements  thereon  to 
any  other  person  or  persons  or  association  of  persons  and  retain  the 
consideration  therefor  for  its  own  use.  (June  5,  1920,  ch.  239,  sees.  1 
and2,  41Stat.  948.) 

303.  Lease  of  public  lands;  land  survey. — ^The  President  is 
authorized  to  grant  leases  of  the  public  lands  in  the  Canal  Zone 
for  such  period,  not  exceeding  twenty-five  years,  and  upon  such 
terms  and  conditions  as  he  may  deem  advisable.  No  lease,  however, 
shall  be  granted  for  a  tract  of  land  in  excess  of  fifty  hectares,  nor  to 
any  person  who  shall  not  have  first  established,  by  affidavit  and  by 
such  other  proof  as  may  be  required,  that  such  person  is  the  head 
of  a  family  or  over  the  age  of  twenty-one  years,  and  that  the  appli- 
cation for  a  lease  is  made  in  good  faith  for  the  purposes  of  actual 
settlement  and  cultivation,  and  not  for  the  benefit  of  any  other  per- 
son whatsoever,  and  that  such  person  will  faithfully  comply  with  all 
the  requirements  of  law  as  to  settlement,  residence,  and  cultivation. 
In  granting  such  leases  preference  shall  be  accorded  to  actual  occu- 
pants of  lands  in  good  faith. 

No  portion  of  the  lands  of  the  United  States  within  the  Canal 
Zone  shall  be  leased  hereunder  unless  it  shall  first  be  made  to  appear 
by  a  statement  or  plat  filed  by  the  Governor  of  the  Panama  Canal  with 
the  Collector  of  the  Panama  Canal,  that  it  is  not  contemplated  to  use 
such  lands  in  the  work  of  canal  construction  or  to  set  the  same  aside 
as  a  town  site ;  and  all  leases  shall  be  made  subject  to  the  provision 
that  if  at  any  time  it  shall  become  necessary,  notwithstanding,  for 
the  United  States  to  occupy  or  use  any  portion  of  the  leased  lands,  it 
shall  have  the  right  to  so  do  without  further  compensation  to  the 
lessee  than  for  the  reasonable  value  of  the  necessary  improvements 
made  upon  said  tracts  by  the  lessee,  the  same  to  be  determined  by  the 
courts  of  the  Canal  Zone. 

All  leases  of  lands  hereunder  shall  reserve  to  the  United  States  all 
mineral,  oil,  and  gas  rights  in  the  lands  leased. 

The  President  may,  in  his  discretion,  require  a  land  survey  to  be 
made  of  the  Canal  Zone. 

The  powers  conferred  upon  the  President  under  this  section  may 
be  exercised  by  him  through  the  Governor  of  the  Panama  Canal  or  in 
such  other  manner  as  the  President  may  designate.  (Feb.  27,  1909, 
ch.  224,  sees.  1  to  5,  35  Stat.  658  [U.S.  Code,  title  48,  sees.  1303  and 

1308].) 

* 

33 


T.  2,  §  304]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

304.  Revocable  licenses  for  lots  in  town  sites. — The  Governor  of 

the  Panama  Canal  is  authorized  to  execute  revocable  licenses  for  lots 
in  town  sites  in  the  Canal  Zone,  either  directly  or  through  such 
agency  as  he  may  direct,  such  licenses  to  be  revocable  at  his  pleasure, 
licensees  to  vacate  and  remove  improvements  at  once  without 
indemnity. 

CHAPTER    17.— PUBLIC   ROADS   AND    HIGHWAYS;   VEHICLES; 

FERRIES 


Art.  Sec. 

1.  Regulations   governing   roads,    higli- 

ways,  and  self-propelled  veiiicles_  321 

2.  Operation   of  street-railway   cars  at 

crossings 331 


Art.  Sec. 
3.  Ferry  and  highway  near  Pacific  en- 
trance of  Canal 341 


ARTICLE    1. 


-REGULATIONS    GOVERNING    ROADS,    HIGHWAYS,    AND 
SELF-PROPELLED   VEHICLES 


Sec. 

321.  Authority   of   President    to    make   and 
enforce  regulations. 


Sec. 

322.  Agreements  with  Panama  for  recipro- 

cal regulations. 

323.  Violation  of  regulations ;  punishment. 


Section  321.  Authority  of  President  to  make  and  enforce  regu- 
lations.— Until  otherwise  provided  by  Congress,  the  President  may 
make,  publish,  and  enforce,  and  from  time  to  time  alter  or  amend, 
all  rules  and  regulations  for  the  use  of  the  public  roads  and  high- 
ways in  the  Canal  Zone,  and  for  the  regulation,  licensing,  and  taxing 
of  the  use  and  operation  of  all  self-propelled  vehicles  using  the  public 
highways,  including  speed  limit,  signals,  tags,  license  fees,  and  all 
detailed  regulations  which  may  from  time  to  time  be  deemed  neces- 
sary in  the  exercise  of  the  authority  hereby  conferred. 

The  taxes  on  automobiles  may  be  graded  according  to  the  value 
or  the  power  of  the  machine.  (Aug.  21,  1916,  ch.  371,  sec.  3,  39  Stat. 
528  [U.S.  Code,  title  48,  sec.  1312].) 

Cross-Refeeeincb 

Offenses  in  relation  to  highways  and  automobiles,  see  also  title  5,  sections 
507,  511,  512,  513,  525,  531,  551,  784,  785,  824,  825. 

322.  Agreements  with  Panama  for  reciprocal  regulations. — The 

President  may  make  mutual  agreements  with  the  Republic  of  Pan- 
ama touching  the  reciprocal  use  of  the  highways  of  the  Canal  Zone 
and  the  Republic  of  Panama  by  self-propelled  vehicles,  touching 
taxes  and  license  fees,  and  any  other  matter  of  regulation  to  estab- 
lish comity  for  the  convenience  of  the  residents  of  the  two  jurisdic- 
tions. (Aug.  21.  1916,  ch.  371,  sec.  3,  39  Stat.  528  [U.S.  Code,  title 
48,  sec.  1312].) 

323.  Violation  of  regulations;   punishment. — Any  person  who 

violates  any  rule  or  regulation  established  under  the  authority  of 
the  two  next  preceding  sections  shall  be  punished  by  a  fine  of  not 
more  than  $25,  or  by  imprisonment  in  jail  for  not  more  than  thirty 
days,  or  by  both.  (Aug.  21,  1916,  ch.  371,  sec.  5,  39  Stat.  528  [U.S. 
Code,  title  48,  sec.  1314]'.) 


84 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  342 
ARTICLE  2.— OPERATION  OF  STREET-RAILWAY  CARS  AT  CROSSINGS 


Sec. 

331.  Operation   at    street,    road,    or   street- 
railway   crossing. 


Sec. 

332.  Operation  at  railway  crossing. 

333.  Violation  of  article ;   punishment. 


331.  Operation  at  street,  road,  or  street-railway  crossing. — No 

motorman  or  other  person  in  control  of  a  street-railway  car  shall  run 
such  car  over  or  upon  any  street  crossing,  road  crossing  or  street- 
railway  crossing  in  the  Canal  Zone,  at  a  speed  of  more  than  twelve 
miles  per  hour,  and  without  commencing  to  sound  gong,  horn  or 
whistle  when  at  least  one  hundred  feet  from  the  crossing  and  con- 
tinuing to  sound  same  until  the  crossing  has  been  passed.  (July  5, 
1932,  ch.  424,  sec.  1,  47  Stat.  577.) 

332.  Operation  at  railway  crossing. — No  motorman  or  other  per- 
son in  control  of  a  street-railway  car  shall  run  such  car  over  or  upon 
any  railroad  crossing  in  the  Canal  Zone,  without  bringing  the  car  to 
a  full  stop  at  least  ten  feet  from  the  nearest  rail,  and  without  ascer- 
taining from  a  view  of  the  railroad  track  made  either  by  himself  or 
by  the  conductor  that  the  crossing  may  be  safely  passed.  (July  5, 
1932,  ch.  424,  sec.  2,  47  Stat.  577.) 

333.  Violation  of  article ;  punishment. — A  violation  of  any  of  the 
provisions  of  this  article  shall  be  punished  by  a  fine  of  not  more  than 
$100,  or  by  imprisonment  in  jail  for  not  more  than  thirty  days,  or 
by  both.     (July  5,  1932,  ch.  424,  sec.  3,  47  Stat.  577.) 

ARTICLE   3.— FERRY   AND    HIGHWAY   NEAR    PACIFIC    ENTRANCE    OF 

CANAL 


Sec. 

341.  Maintenance    of    ferry    and    highway 
near  Pacific  entrance. 


Sec. 

342.   Regulations    governing    operation    and 

maintenance    of    ferry ;    punisliment 

for  violations. 


341.  Maintenance  of  ferry  and  highway  near  Pacific  entrance. — 

The  Governor  of  the  Panama  Canal,  under  the  supervision  of  the 
Secretary  of  War,  is  authorized : 

a.  To  maintain  and  operate,  near  the  Pacific  entrance  of  the  Pan- 
ama Canal,  from  a  point  at  or  near  Balboa  on  the  eastern  side  of 
the  Canal  to  a  suitable  point  on  the  opposite  shore  of  the  Canal,  a 
ferry  for  the  accommodation  of  the  public  and  adequate  to  serve 
military  needs,  and  for  such  purposes  is  authorized  to  acquire  such 
ferryboats  and  other  equipment,  and  to  construct  and  maintain  such 
wharves,  docks,  and  approaches,  as  may  be  necessary;  and 

b.  To  maintain  a  highway  for  the  accommodation  of  the  public 
and  adequate  to  serve  military  needs,  extending  from  the  western 
terminal  of  such  ferry  to  a  point  at  or  near  the  town  of  Arraijan 
at  or  near  the  Canal  Zone  line. 

Such  ferry  and  highway  shall  be  operated  and  maintained  free 
of  toll.  There  are  authorized  to  be  appropriated  annually  such 
sums  as  may  be  necessary  to  carry  out  the  provisions  of  this  article. 
(May  27,  1930,  ch.  338,  sees.  1  to  3,  46  Stat.  388.) 

342.  Regulations  governing  operation  and  maintenance  of  ferry; 
punishment  for  violations. — The  Governor  of  the  Panama  Canal, 
subject  to  the  approval  of  the  Secretary  of  War,  is  authorized  to 


35 


T.  2,  §  351]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

make  rules  and  regulations  governing  the  operation,  use  and  main- 
tenance of  the  ferry,  equipment,  wharves,  docks  and  approaches 
maintained,  acquired  and  constructed  under  this  article.  Any  per- 
son violating  any  such  rule  or  regulation  shall  be  punished  by  a  fine 
of  not  more  than  $100,  or  by  imprisonment  in  jail  for  not  more  than 
thirty  days,  or  by  both.  (May  27,  1930,  ch.  338,  sec.  2,  46  Stat. 
388.) 

CHAPTER  18.— PURCHASE  OF  SUPPLIES 

Section  351.  Purchase  without  advertising  where  amount  does 
not  exceed  $500. — The  Governor  of  the  Panama  Canal  may  author- 
ize, under  such  regulations  as  he  may  prescribe,  the  purchase  of  sup- 
plies for  the  use  of  the  Panama  Canal,  or  for  use  in  the  Canal  Zone, 
in  the  open  market  and  without  advertising,  if  the  amount  involved 
in  any  one  purchase  does  not  exceed  $500.  (Dec.  29,  1926,  ch.  19, 
sec.  6,  44  Stat.  926.) 

CROS  S-EEFEKBN  CBS 

Advertisement  for  proposals  for  purchases  and  contracts  for  supplies  for 
departments  of  Government,  see  U.S.  Code,  title  41,  section  5  (appendix,  p.  987). 

Restriction  of  purchases  to  articles  of  growth,  production,  or  manufacture 
of  United  States,  see  U.S.  Code,  title  41,  sections  10a  to  10c  (appendix,  p.  987). 

CHAPTER  19.— RADIO  EQUIPMENT  ON  OCEAN-GOING  VESSELS 

USING  PORTS 


Sec. 
361. 


Radio  equipment  on  vessels  using  ports 
and  carrying  fifty  or  more  persons. 


Sec. 
362. 


Violations ;  fines  and  recovery  thereof. 


Section  361.  Radio  equipment  on  vessels  using  ports  and  carry- 
ing fifty  or  more  persons. — It  shall  be  unlawful  for  any  ocean-going 
vessel  carrying  fifty  or  more  persons,  including  passengers  and  crew, 
to  leave  or  attempt  to  leave  any  port  of  the  Canal  Zone  unless  such 
vessel  is  equipped  with  an  efficient  apparatus  for  radio  communica- 
tion, capable  of  transmitting  and  receiving  messages  for  a  distance 
of  at  least  one  hundred  miles,  night  or  day,  and  which  is  in  good 
working  order  and  in  charge  of  a  person  skilled  in  the  use  of  such 
apparatus.  This  requirement  shall  not  apply  to  vessels  merely 
transiting  the  Canal  or  to  vessels  plying  between  Canal  Zone  ports 
and  ports  less  than  two  hundred  miles  therefrom.  (July  5,  1932,  ch. 
421,  sec.  1,  47  Stat.  576  [U.S.  Code,  title  47,  sec.  120].) 

Cross-Retebeince 
Inspection  of  vessels,  see  sections  151  to  160  of  this  title. 

362.  Violations;  fines  and  recovery  thereof. — Any  vessel  leaving 
or  attempting  to  leave  a  Canal  Zone  port  not  equipped  as  required 
by  section  361  of  this  title  shall  be  liable  to  a  fine  of  not  more  than 
$5,000,  and  each  such  departure  or  attempted  departure  shall  con- 
stitute a  separate  offense.  Fines  shall  be  recovered  in  the  district 
court,  and  the  amount  so  recovered  shall  be  a  lien  upon  the  vessel, 
and  it  may  be  seized  and  sold  to  satisfy  same,  as  well  as  all  costs  of 
the  court  proceedings.  (Julv  5,  1932,  ch.  421,  sec.  2,  47  Stat.  576 
[U.S.  Code,  title  47,  sec.  121].) 


36 


Sec. 

371.  Rules   and    regulations    in    matters   of 
sanitation,  health,  and  quarantine. 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT    [T.  2,  §  392 
CHAPTER  20.— SANITATION,  HEALTH,  AND   QUARANTINE 

Sec. 

372.  Regulations  respecting  practice  of  heal- 
ing art. 

373.  Violation  of  regulations ;  punishment. 

Section  371.  Rules  and  regulations  in  matters  of  sanitation, 
health,  and  quarantine. — Until  otherwise  provided  by  Congress,  the 
President  is  authorized : 

a.  To  make  rules  and  regulations  in  matters  of  sanitation,  health, 
and  quarantine  for  the  Canal  Zone;  and 

b.  To  modify  or  change  existing  rules  and  regulations  and  those 
hereafter  made  from  time  to  time.  (Aug.  21,  1916,  eh.  371,  sec.  1, 
39  Stat.  527;  Feb.  16,  1933,  ch.  92,  47  Stat.  818  [U.S.  Code,  title  48. 
sec.  1310].) 

CB0SS-ReFE21ENCES 

Conspiracy  to  commit  act  injurious  to  public  health,  see  title  5,  section  81. 
Crimes  against  the  public  health  and  safety,  see  title  5,  sections  501  to  572. 

372.  Regulations  respecting  practice  of  healing  art. — The  Presi- 
dent, under  such  regulations  as  he  may  prescribe,  may  authorize  the 
Board  of  Health  of  the  Canal  Zone  to  issue  licenses  to  practice  the 
healing  art,  which  regulations  shall  include  conditions  under  which 
such  licenses  shall  be  issued  and  provisions  for  revocation  for  cause 
of  licenses  issued.  (Aug.  21,  1916,  ch.  371,  sec.  1,  39  Stat.  527;  Feb. 
16,  1933,  ch.  92,  47  Stat.  818  [U.S.  Code,  title  48,  sec.  1310].) 

373.  Violation  of  regulations;  punishment. — A  violation  of  any 
quarantine  regulation  authorized  under  section  371  of  this  title  shall 
be  punished  by  a  fine  of  not  more  than  $500,  or  by  imprisonment  in 
jail  for  not  more  than  ninety  days  or  by  both;  and  a  violation  of  any 
sanitary  or  health  regulation  authorized  under  sections  371  and  372 
of  this  title  shall  be  punished  by  a  fine  of  not  more  than  $25,  or  by 
imprisonment  in  jail  for  not  more  than  thirty  days,  or  by  both. 
Each  day  such  violation  shall  continue  shall  constitute  a  separate 
offense.  (Aug.  21,  1916,  ch.  371,  sec.  1,  39  Stat.  527 ;  Feb.  16,  1933, 
ch.  92,  47  Stat.  818  [U.S.  Code,  title  48,  sec.  1310].) 

CHAPTER  21.— SEAMEN 


Sec. 

391.  What  laws  applicable  to  seamen  of  ves- 
sels of  United  States. 


Sec. 
392. 


Powers   conferred   upon   sbipping  com- 
missioner and  deputies. 

Section  391.  What   laws   applicable   to   seamen   of  vessels   of 
United  States. — The  laws  relating  to  seamen  of  vessels  of  the  United 

States  on  foreign  voyages  shall  apply  to  seamen  of  all  vessels  of  the 
United  States  at  the  Canal  Zone,  whether  such  vessels  be  registered  or 
enrolled  and  licensed.  (Aug.  21,  1916,  ch.  371,  sec.  9,  39  Stat.  529 
[U.S.  Code,  title  48,  sec.  1331].) 

Ceos  s-Re:fetience 


For  laws  of  United  States  relating 
46,  sections  541  to  713. 


to  merchant  seamen,  see  U.S.  Code,  title 


392.  Powers  conferred  upon  shipping  commissioner  and  depu- 
ties.— The  powers  in  respect  of  such  seamen  of  such  vessels  bestowed 


87 


T.2,§401]    OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

by  law  upon  consular  officers  of  the  United  States  in  foreign  ports 
and  upon  shipping  commissioners  in  ports  of  the  United  States  are 
hereby  bestowed  upon  the  shipping  commissioner  and  deputy  ship- 
ping commissioners  in  the  Canal  Zone.  (Aug.  21,  1916,  ch.  371,  sec. 
i),  39  Stat.  529  [U.S.  Code,  title  48,  sec.  1331].) 

CHAPTER  22.— TAXES  AND  LICENSES 


Sec. 

401.   Regulations  for  levying,  assessing,  and 
collecting  taxes. 


Sec. 

402.  Violation  of  such  regulations ;  punish- 
ment. 


Section  401.  Regulations  for  levying,  assessing,  and  collecting 
taxes. — Until  otherwise  provided  by  Congress,  the  President  is 
authorized  to  make  and  from  time  to  time  change  rules  and  regula- 
tions for  levying,  assessing  and  collecting  ad  valorem,  excise,  license 
and  franchise  taxes  in  the  Canal  Zone.  Ad  valorem  taxes  imposed 
shall  not  exceed  one  per  centum  of  the  value  of  the  property,  nor  shall 
franchise  or  excise  taxes  exceed  two  per  centum  of  gross  earnings. 
(Aug.  21,  1916,  ch.  371,  sec.  2,  39  Stat.  528  [U.S.  Code,  title  48,  sec. 

1311].) 

Cboss-Refebences 

Automobile  taxes  and  licenses,  see  section  321  of  this  title. 

Failure  to  give  proper  tax  or  license  receipts,  see  title  5,  section  626. 

Possession  of  improper  blank  licenses  or  tax  receipts,  see  title  5,  section  627. 

402.  Violation  of  such  regulations;  punishment. — Any  person 
who  commits  any  act  or  carries  on  any  business,  trade  or  occupation 
in  the  Canal  Zone  without  complying  with  the  rules  and  regulations 
established  under  the  next  preceding  section,  shall  be  punished  by  a 
fine  of  not  more  than  $25,  or  by  imprisonment  in  jail  for  not  more 
than  thirty  days,  or  by  both.  (Aug.  21,  1916,  ch.  371,  sec.  5,  39  Stat. 
628  [U.S.  Code,  title  48,  sec.  1314].) 

CHAPTER  23.— TOLLS  FOR  USE  OF  CANAL 


Sec. 

411.  Authority    of    President    to    prescribe 

and  change  tolls. 

412.  Bases   of   tolls ;    maximum    and    mini- 

mum   rates. 


Sec. 

413.  Restrictions    on    construction    of    1914 

act  amending  the  two  next  preced- 
ing sections. 

414.  Refund    of    amounts    erroneously    re- 

ceived as  tolls. 


Section  411.  Authority  of  President  to  prescribe  and  change 
tolls. — The  President  is  authorized,  subject  to  the  provisions  of  the 
section  next  following,  to  prescribe  and  from  time  to  time  change 
the  tolls  that  shall  be  levied  by  the  Government  of  the  United 
States  for  the  use  of  the  Panama  Canal,  but  no  tolls  when  pre- 
scribed as  above  shall  be  changed  unless  six  months'  notice  thereof 
is  given  by  the  President  by  proclamation.  (Aug.  24,  1912,  ch.  390, 
sec.  5,  37  Stat.  562;  June  15,  1914,  ch.  106,  sees.  1,  2,  38  Stat.  385 
[U.S.  Code,  title  48,  sec.  1315].) 

412.  Bases  of  tolls;  maximum  and  minimum  rates. — Tolls  may 
be  based  upon  ^ross  or  net  registered  tonnage,  displacement  ton- 
nage, or  otherwise,  and  may  be  based  on  one  form  of  tonnage  for 
warships  and  another  for  ships  of  commerce. 

The  rate  of  tolls  may  be  lower  upon  vessels  in  ballast  than  upon 
vessels  carrying  passengers  or  cargo. 


38 


OPERATION,  MAINTENANCE,  AND  GOVERNMENT     [T.  2,  §  421 

When  based  upon  net  registered  tonnage  for  ships  of  commerce 
the  tolls  shall  not  exceed  $1.25  per  net  registered  ton,  nor  be  less 
than  75  cents  per  net  registered  ton,  subject,  however,  to  the  pro- 
visions of  article  19  of  the  convention  between  the  United  States 
and  the  Republic  of  Panama,  entered  into  November  18,  1903. 

If  the  tolls  are  not  based  upon  net  registered  tonnage,  they  shall 
not  exceed  the  equivalent  of  $1.25  per  net  registered  ton  as  nearly 
as  the  same  may  be  determined,  nor  be  less  than  the  equivalent  of 
75  cents  per  net  registered  ton. 

The  toll  for  each  passenger  shall  not  be  more  than  $1.50.  (Aug. 
24,  1912,  ch.  390,  sec.  5,  37  Stat.  562 ;  June  15,  1914,  eh.  106,  sees.  1,  2, 
38  Stat.  385  [U.S.  Code,  title  48,  sec.  1315].) 

Ceoss-Referbnob 

For  article  19  of  the  convention  between  the  United  States  and  the  Republic 
of  Panama,  see  appendix,  p.  846. 

413.  Restrictions  on  construction  of  1914  Act  amending  the  two 
next  preceding  sections. — The  passage  of  the  Act  of  June  15,  1914. 
amending  the  two  next  preceding  sections,  shall  not  be  construed  or 
held: 

a.  As  a  waiver  or  relinquishment  of  any  right  the  United  States 
may  have  under  the  treaty  with  Great  Britain,  ratified  February  21, 
1902,  or  the  treaty  with  the  Republic  of  Panama,  ratified  February 
26,  1904,  or  otherwise,  to  discriminate  in  favor  of  its  vessels  by 
exempting  the  vessels  of  the  United  States  or  its  citizens  from  the 
payment  of  tolls  for  passage  through  the  canal ;  or 

b.  As  in  any  way  waiving,  impairing  or  affecting  any  right  of  the 
United  States  under  those  treaties,  or  otherwise,  with  respect  to  the 
sovereignty  over  or  the  ownership,  control  and  management  of  the 
Canal  and  the  regulation  of  the  conditions  or  charges  of  traflSc 
through  the  same.  (June  15,  1914,  ch.  106,  sec.  2,  38  Stat.  386  [U.S. 
Code,  title  48,  sec.  1317].) 

Cboss-Refeeences 

For  treaty  with  Great  Britain,  ratified  February  21,  1902,  see  appendix,  p.  837. 
For  treaty  with  the  Republic  of  Panama,   ratified  February  26,  1904,  see 
appendix,  p.  839. 

414.  Refund  of  amounts  erroneously  received  as  tolls. — There  is 

appropriated,  out  of  any  money  received  as  tolls,  before  such  money 
is  covered  into  the  Treasury  as  miscellaneous  receipts,  amounts  neces- 
sary to  refund  to  the  parties  entitled  thereto  amounts  which  have 
been  or  may  hereafter  be  erroneously  received  as  tolls  and  covered 
into  the  Treasury  as  miscellaneous  receipts.  (June  12,  1917,  ch.  27, 
sec.  1,  40  Stat.  179  [U.S.  Code,  title  48,  sec.  1316].) 

CHAPTER  24.— WIRELESS  TELEGRAPHIC  INSTALLATIONS 

Section  421.  Wireless  telegraphic  installations  in  connection 
with  operation  of  Canal. — The  President  is  authorized: 

a.  To  cause  to  be  erected,  maintained  and  operated,  subject  to  the 
International  Convention  and  the  Act  of  Congress  to  regulate  radio- 
communication,  at  suitable  places  along  the  Panama  Canal  and  the 

39 


T.  2,  §  421]     OPERATION,  MAINTENANCE,  AND  GOVERNMENT 

coast  adjacent  to  its  two  terminals,  in  connection  with  the  operation 
of  the  Canal,  such  wireless  telegraphic  installations  as  he  may  deem 
necessary  for  the  operation,  maintenance,  sanitation  and  protection 
of  the  Canal,  and  for  other  purposes. 

b.  To  make  such  agreement  with  the  Government  of  Panama  as 
may  be  required  if  it  is  found  necessary  to  locate  such  installations 
upon  territory  of  that  Republic; 

c.  To  provide  for  the  acceptance  and  transmission  by  said  system 
of  all  private  and  commercial  messages  and  those  of  the  Government 
of  Panama  on  such  terms  and  for  such  tolls  as  the  President  may 
prescribe :  Provided,  however,  That  the  messages  of  the  Government 
of  the  United  States  and  the  departments  thereof,  and  the  manage- 
ment of  the  Panama  Canal,  shall  always  be  given  precedence  over  all 
other  messages;  and 

d.  In  his  discretion,  to  enter  into  such  operating  agreements  or 
leases  with  any  private  wireless  company  or  companies  as  may  best 
insure  freedom  from  interference  with  the  wireless  telegraphic 
installations  established  by  the  United  States.  (Aug.  24,  1912. 
ch.  390,  sec.  6,  37  Stat.  563  [U.S.  Code,  title  48,  sec.  1323].) 

Ceo&s-Re'ferencjb 

For  "  The  Act  of  Congress  to  regulate  radio  communication,"  see  the  Eadid 
Act  of  1927,  as  amended  (U.S.  Code,  title  47,  sees.  81  to  119). 


40 


THE  CIVIL  CODE 


[T.  3,  §  4 


TITLE  3.— THE  CIVIL  CODE 


Ch 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 


Preliminary  provisions... 

Persons 

Personal  rights .- 

Marriage 

Divorce 

Husband  and  wife 

Children  by  birth. 

Children  by  adoption 

Guardian  and  ward 

Foreign  corporations  generally 

Securities  sales  law 

Nature  of  property 

O  wners  of  proper ty 

Modifications  of  ownership 

Rights  of  owners 

Termination  of  ownership 

General  definitions  affecting  property 

Personal  property   and  particular   kinds 

thereof 

Modes  in    which   property    may   be  ac- 
quired  

Accession 

Transfer  of  property 

Proof  and   acknowledgment   of  instru- 
ments  .- 

Execution  and  revocation  of  wills 

Interpretation  of  wills,  and  effect  of  vari- 
ous provisions 

General  provisions  relating  to  wills 

Succession 

Obligations  in  general 

Nature  of  a  contract 

Manner  of  creating  contracts 

Interpretation  of  contracts. 

Unlawful  contracts 

Extinction  of  contracts 

Obligations  imposed  by  law 

Sales  of  goods.. 

Conditional  sales 

Deposit  in  general 

Deposit  for  keeping 


Sec. 

Cl 

1 

38 

21 

39. 

41 

40. 

51 

41 

71 

42 

131 

43 

161 

44 

191 

45 

201 

46 

221 

47 

241 

48 

251 

49 

261 

50 

271 

51 

331 

52 

341 

53 

351 

54 

55 

361 

56 

57 

401 

58 

411 

59 

431 

60 

61 

491 

62 

521 

03 

64 

571 

65 

611 

66 

631 

67 

661 

68 

801 

69 

881 

901 

70 

931 

941 

71 

971 

72 

981 

73 

1061 

74 

1091 

75 

nil 

76 

Deposit  for  exchange^ .    

Loan ..- 

Hiring 

Service  with  employr  Jiit 

Particular  employme    ts 

Service  without  empiyyment 

Carriage  in  general 

Carriage  of  persons 

Carriage  of  property 

Carriage  of  messages 

Common  carriers 

Trusts  in  general 

Trusts  for  benefit  of  third  persons 

Agency  in  general 

Factors 

Partnership  in  general 

General  partnership 

Special  par  tnersfaip 

Insurance  in  general 

Fire  insurance 

Life  and  health  insure    ce.. 

Indemnity 

Guaranty  in  general 

Suretyship 

Liens  in  general 

Mortgage 

Pledge. _.. 

Other  liens 

Negotiable  instruments  in  general 

Bills  of  exchange 

Promissory  notes  and  checks.'. 

General  provisions  respecting  negotiable 

instruments _ 

General  provisions  affecting  chapters  34 

to  69 

Relief  in  general 

Compensatory  relief. 

Specific  and  preventive  relief 

Special  relations  of  debtor  and  creditor.. 

Nuisance 

Maxims  of  jurisprudence 


Sec. 
1221 
1231 
1271 
1291 
1351 
1381 
1391 
1401 
1421 
1461 
1471 
1501 
1551 
1611 
1701 
1711 
1751 
1811 
1851 
2021 
2031 
2041 
2061 
2121 
2171 
2231 
2281 
2311 
2321 
2491 
2581 

2591 

2601 
2611 
2621 
2681 
2751 
2801 
2831 


CHAPTER  1.— PRELIMINARY  PROVISIONS 


Sec. 

1.  Name  of  title. 

2.  When  this  title  takes  effect. 

3.  Not  retroactive. 

4.  Rules  of  construction. 

5.  I'rovisions  similar  to  existing  laws,  how 

construed. 

6.  Actions,  etc.,  not  affected. 

7.  Legal  holidays. 


Sec. 

8. 

9. 
10. 
11. 
12. 

13. 
14. 


Business  days. 

Computation  of  time. 

Certain  acts  not  to  be  done  on  holidays. 

Words  and  phrases,  how  construed. 

Words ;      definition ;      signification      of 

words. 
Notice,  actual  and  constructive. 
Constructive  notice,  when  deemed. 


Section  1.  Name  of  title. — This  title  shall  be  known  as  the  Civil 
Code  of  the  Canal  Zone.     (Feb.  27,  1933,  ch.  128,  47  Stat.  1124.) 

Note. — The  Civil  Code  of  the  Canal  Zone,  which  comprises  title  3  of  the  Canal 
Zone  Code,  was  derived  from  the  act  of  February  27,  1933,  above  cited.  That 
act  was  entitled  "An  act  to  provide  a  new  civil  code  for  the  Canal  Zone  and  to 
repeal  the  existing  civil  code." 

2.  When  this  title  takes  effect. — The  code  embodied  ir  this  title 
shall  be  effective  as  of  October  1,  1933. 

3.  Not  retroactive. — No  part  of  this  title  is  retroactive,  unless 
expressly  so  declared. 

4.  Rules  of  construction. — The  rule  of  the  common  law,  that 
statutes  in  derogation  thereof  are  to  be  strictly  construed,  has  no 
application  to  this  title.     The  title  establishes  the  law  of  the  Canal 


93083—34- 


41 


T.  3,  §  5]  THE  CIVIL  CODE 

Zone  respecting  the  subjects  to  which  it  relates,  and  its  provisions  are 
to  be  liberally  construed  with  a  view  to  effect  its  objects  and  to 
promote  justice. 

5.  Provisions  similar  to  existing  laws,  how  construed. — The  pro- 
visions of  this  title,  so  far  as  they  are  substantially  the  same  as 
existing  statutes,  must  be  construed  as  continuations  thereof,  and  not 
as  new  enactments. 

6.  Actions,  and  so  forth,  not  affected. — No  action  or  proceeding 
commenced  before  this  title  takes  effect,  and  no  right  accrued,  is 
affected  by  its  provisions. 

7.  Legal  holidays. — The  following  are  the  legal  holidays  in  the 
Canal  Zone  within  the  meaning  of  this  title:  Every  Sunday,  Jan- 
uary 1,  February  22,  Good  Friday,  May  30,  July  4,  Labor  Day, 
November  3,  Thanksgiving  Day,  and  December  25.  If  a  legal  holi- 
day other  than  Sunday  falls  on  the  first  day  of  the  week,  the  Monday 
following  will  be  observed  as  a  legal  holiday.  As  far  as  practicable, 
all  public  business  will  be  suspended  on  these  days. 

8.  Business  days. — All  other  days  than  those  mentioned  in  sec- 
tion 7  of  this  title  are  to  be  deemed  business  days  for  all  purposes. 

9.  Computation  of  time. — The  time  in  which  any  act  provided 

by  law  is  to  be  done  is  computed  by  excluding  the  first  day  and 
including  the  last,  unless  the  last  day  is  a  holiday,  and  then  it  is 
also  excluded. 

10.  Certain  acts  not  to  be  done  on  holidays. — Whenever  any  act 
of  a  secular  nature,  other  than  a  work  of  necessity  or  mercy,  is 
appointed  by  law  or  contract  to  be  performed  upon  a  particular 
day,  which  day  falls  upon  a  holiday,  it  may  be  performed  upon  the 
next  business  day,  with  the  same  effect  as  if  it  had  been  performed 
upon  the  day  appointed. 

11.  Words  and  phrases,  how  construed. — Words  and  phrases  are 
construed  according  to  the  context  and  the  approved  usage  of  the 
language;  but  technical  words  and  phrases,  and  such  others  as  may 
have  acquired  a  peculiar  and  appropriate  meaning  in  law,  or  are 
defined  in  section  12  of  this  title,  are  to  be  construed  according  to 
such  peculiar  and  appropriate  meaning  or  definition. 

Cros  s-Refebences 

Similar  provision,  see  title  4,  section  7. 

Technical  words,  how  coustiTjed.  see  sections  581  and  911  of  this  title. 

Construction  of  words  in  contracts,  see  sections  910  and  911  of  this  title. 

12.  Words;  definition;  signification  of  words. — Words  used  in 
this  title  in  the  present  tense  include  the  future  as  well  as  the 
present;  words  used  in  the  masculine  gender  include  the  feminine 
and  neuter ;  the  singular  number  includes  the  plural,  and  the  plural 
the  singular ;  the  word  "  person  "  includes  a  corporation  as  well  as  a 
natural  person;  writing  includes  printing  and  typewriting;  oath 
includes  affirmation  or  declaration ;  and  every  mode  of  oral  state- 
ment, under  oath  or  affirmation,  is  embraced  by  the  term  "  testify  ", 
and  every  written  one  in  the  term  "  depose  " ;  signature  or  subscrip- 
tion includes  mark,  when  the  person  cannot  write,  his  name  being 

42 


THE  CIVIL  CODE 


[T.  3,  §  23 


written  near  it,  by  a  person  who  writes  his  own  name  as  a  witness : 
Provided,  That  when  a  signature  is  by  mark  it  must  in  order  that 
the  same  may  be  acknowledged  or  may  serve  as  the  signature  to  any 
sworn  statement  be  witnessed  by  two  persons  who  must  subscribe 
their  own  names  as  witnesses  thereto.  The  following  words  have 
in  this  title  the  signification  attached  to  them  in  this  section,  unless 
otherwise  apparent  from  the  context: 

1.  The  word  "  property  "  includes  property  real  and  personal ; 

2.  The  words  "  real  property  "  are  coextensive  with  lands,  tene- 
ments, and  hereditaments; 

3.  Th-e  words  "  personal  property  "  include  money,  goods,  chattels, 
things  in  action,  and  evidences  of  debt; 

4.  The  word  "  month  "  means  a  calendar  month,  unless  otherwise 
expressed ; 

5.  The  word  "  will  "  includes  codicil. 

Cboss-Refebencb 
Similar  provision,  see  title  4,  section  8. 

13.  Notice,  actual  and  constructive. — Notice  is: 

1.  Actual — which  consists  in  express  information  of  a  fact;  or 

2.  Constructive — which  is  imputed  by  law. 

14.  Constructive  notice,  when  deemed. — Every  person  who  has 
actual  notice  of  circumstances  sufficient  to  put  a  prudent  man  upon 
inquiry  as  to  a  particular  fact,  has  constructive  notice  of  the  fact 
itself  in  all  cases  in  which,  by  prosecuting  such  inquiry,  he  might 
have  learned  such  fact. 

CHAPTER  2.— PERSONS 


Sec. 

21.  Minors,  who  are. 

22.  Periods  of  minority,  how  calculated. 

23.  Adults,  who  are. 

24.  Unhorn   child. 

25.  Delegation  of  powers ;  minors. 
2G.  Contracts  by  minors. 

27.  When    minor    may    disaffirm. 

28.  Minor    cannot    disaffirm    contract    for 
necessaries. 

Minor    cannot    disaffirm    certain    obli- 
gations. 


29. 


Sec. 

30.  Contracts  by  persons  without  under- 
standing. 

.31.  Contracts  by  persons  of  unsound  mind. 

82.  Powers  of  persons  whose  incapacity 
has   been    adjudged. 

33.  Minors    liable     for     wrongs,    but     not 

liable   for  exemplary   damages. 

34.  Minors  may  enforce  their  rights. 


Section    21.  Minors,   who   are. — Minors   are   all   persons   under 

twenty-one  years  of  age :  Provided,  That  this  section  shall  be  subject 
to  the  provisions  of  chapters  4  to  6  of  this  title  and  shall  not  be 
construed  as  repealing  or  limiting  the  provisions  of  section  174  of 
this  title :  Provided,  further,  That  upon  the  lawful  marriage  of  any 
female  of  the  age  of  eighteen  years  or  over  but  under  the  age  of 
twenty-one  years,  such  female  shall  be  deemed  an  adult  person  for 
the  purpose  of  entering  into  any  engagement  or  transaction  respect- 
ing property  or  any  contract,  the  same  as  if  such  person  were  over 
twenty-one  years  of  age. 

22.  Periods  of  minority,  how  calculated. — The  periods  specified 

in  section  21  of  this  title  must  be  calculated  from  the  first  minute  of 
the  day  on  which  persons  are  born  to  the  same  minute  of  the 
corresponding  day  completing  the  period  of  minority. 

23.  Adults,  who  are. — All  other  persons  are  adults. 


43 


T.  3,  §  24]  THE  CIVIL  CODE 

24.  Unborn  child.— A  child  conceived,  but  not  yet  born,  is  to  be 
deemed  an  existing  person,  so  far  as  may  be  necessary  for  its  inter- 
ests in  the  event  of  its  subsequent  birth. 

Ceoss-Rkference 

Posthumous  children,  rights  of,  see  sections  291,  341,  590,  and  650  of  this 
title. 

25.  Delegation  of  powers;  minors. — A  minor  cannot  give  a  dele- 
gation of  power,  nor,  under  the  age  of  eighteen,  make  a  contract 
relating  to  real  property,  or  any  interest  therein,  or  relating  to  any 
personal  property  not  in  his  immediate  possession  or  control. 

26.  Contracts  by  minors. — A  minor  may  make  any  other  contract 

than  as  specified  in  the  next  preceding  section,  in  the  same  manner  as 
an  adult,  subject  only  to  his  power  of  disaffirmance  under  the  pro- 
visions of  this  chapter,  and  subject  to  the  provisions  of  the  chapter 
on  marriage. 

27.  When  minor  may  disaffirm. — In  all  cases  other  than  those 

specified  in  sections  28  and  29  of  this  title,  the  contract  of  a  minor, 
if  made  whilst  he  is  under  the  age  of  eighteen,  may  be  disaffirmed  by 
the  minor  himself,  either  before  his  majority  or  within  a  reasonable 
time  afterw^ards;  or,  in  case  of  his  death  within  that  period,  by  his 
heirs  or  personal  representatives ;  and  if  the  contract  be  made  by  the 
minor  whilst  he  is  over  the  age  of  eighteen,  it  may  be  disaffirmed  in 
like  manner  upon  restoring  the  consideration  to  the  party  from 
whom  it  was  received,  or  paying  its  equivalent. 

28.  Minor  cannot  disaffirm  contract  for  necessaries. — A  minor 
cannot  disaffirm  a  contract,  otherwise  valid,  to  pay  the  reasonable 
value  of  things  necessary  for  his  support,  or  that  of  his  family, 
entered  into  by  him  when  not  under  the  care  of  a  parent  or  guardian 
able  to  provide  for  him  or  them. 

29.  Minor  cannot  disaffirm  certain  obligations. — A  minor  cannot 
disaffii'm  an  obligation,  otherwise  valid,  entered  into  by  him  under 
the  express  authority  or  direction  of  a  statute. 

30.  Contracts  by  persons  without  understanding. — A  person 
entirely  without  understanding  has  no  power  to  make  a  contract  of 
any  kind,  but  he  is  liable  for  the  reasonable  value  of  things  furnished 
to  him  necessary  for  his  support  or  the  support  of  his  family. 

CuOSS-lvEFERENCE 

Contracts  of  insane  persons,  see  sections  811  and  812  of  this  title. 

31.  Contracts  by  persons  of  unsound  mind. — A  contract  of  a 
person  of  unsound  mind,  but  not  entirely  without  understanding, 
made  before  his  incapacity  has  been  judicially  determined,  is  subject 
to  rescission,  as  provided  in  sections  951  to  954  of  this  title. 

Ckoss-Refe«ence 
Rescission  of  contracts,  see  sections  951  to  954  and  2721  to  2723  of  this  title. 

32.  Powers  of  persons  whose  incapacity  has  been  adjudged. — 

After  his  incapacity  has  been  judicially  determined,  a  person  of 
unsound  mind  can  make  no  contract,  nor  delegate  any  power  or 

44 


THE  CIVIL  CODE 


[T.  3,  §  44 


waive  any  right,  until  his  restoration  to  capacity.  But  a  certificate 
from  the  medical  superintendent  or  resident  physician  of  the  insane 
asylum  to  which  such  person  may  have  been  committed,  showing 
that  such  person  had  been  discharged  therefrom,  cured  and  restored 
to  reason,  shall  establish  the  presumption  of  legal  capacity  in  such 
person  from  the  time  of  such  discharge. 

33.  Minors  liable  for  wrongs,  but  not  liable  for  exemplary  dam- 
ages.— A  minor,  or  person  of  unsound  mind,  of  whatever  degree,  is 
civilly  liable  for  a  wrong  done  by  him,  but  is  not  liable  in  exem- 
plary damages  unless  at  the  time  of  the  act  he  was  capable  of  know- 
ing that  it  was  wrongful. 

34.  Minors  may  enforce  their  rights. — A  minor  may  enforce  his 
rights  by  civil  action,  or  other  legal  proceedings,  in  the  same  man- 
ner as  a  person  of  full  age,  except  that  a  guardian  must  conduct 

the  same. 

Ckoss-Refeeence 

Appearance  of  minor  by  guardian,  see  title  4,  sections  127,  128,  and  695. 
CHAPTER  3.— PERSONAL  RIGHTS 


Sec. 

46.  Malice   not   inferred. 

47.  Personal  relations  forbid  abduction  and 
seduction. 

48.  Right   to   use   force. 


Sec. 

41.  General  personal  rights. 

42.  Defamation,   what. 

43.  Libel,  what. 

44.  Slander,    what. 
4.'>.  Privileged  publications. 

Section  41.  General  personal  rights.— Besides  the  personal  rights 
mentioned  or  recognized  in  section  1  of  title  1,  and  in  Title  6,  The 
Code  of  Criminal  Procedure,  every  person  has,  subject  to  the  qualifi- 
cations and  restrictions  provided  by  law,  the  right  of  protection  from 
bodily  restraint  or  harm,  from  personal  insult,  from  defamation,  and 
from  injury  to  his  personal  relations. 

42.  Defamation,  what. — Defamation  is  effected  by: 

1.  Libel; 

2.  Slander. 

43.  Libel,  what.— Libel  is  a  false  and  unprivileged  publication 
by  writing,  printing,  picture,  effigy,  or  other  fixed  representation  to 
the  eye,  which  exposes  any  person  to  hatred,  contempt,  ridicule,  or 
obloquy,  or  which  causes  him  to  be  shunned  or  avoided,  or  which  has 
a  tendency  to  injure  him  in  his  occupation. 

CKOSS-REFEaiENCB 

Privileged  publication,  see  sections  45  and  46  of  this  title. 

44.  Slander,  what.— Slander  is  a  false  and  unprivileged  publica- 
tion other  than  libel,  which : 

1.  Charges  any  person  with  crime,  or  with  having  been  indicted, 
convicted,  or  punished  for  crime ; 

2.  Imputes  in  him  the  present  existence  of  an  infectious,  conta- 
gious, or  loathsome  disease ; 

3.  Tends  directly  to  injure  him  in  respect  to  his  office,  profession, 
trade,  or  business,  either  by  imputing  to  him  general  disqualification 
in  those  respects  w^hich  the  office  or  other  occupation  peculiarly 


45 


T.  3,  §  45]  THE  CIVIL  CODE 

requires,  or  by  imputing  something  with  reference  to  his  office, 
profession,  trade,  or  business  that  has  a  natural  tendency  to  lessen 
its  profits; 

4.  Imputes  to  him  impotence  or  a  want  of  chastity;  or 

5.  Which,  by  natural  consequence,  causes  actual  damage. 

45.  Privileged  publications. — A  privileged  publication  is  one 
made — 

1.  In  the  proper  discharge  of  an  official  duty. 

2.  In  any  judicial  proceeding,  or  in  any  other  official  proceeding 
authorized  by  law:  Provided^  That  an  allegation  or  averment  con- 
tained in  any  pleading  or  affidavit  filed  in  an  action  for  divorce  or 
an  action  prosecuted  under  section  116  of  this  title  made  of  or  con- 
cerning a  person  by  or  against  whom  no  affirmative  relief  is  prayed 
in  such  action  shall  not  be  a  privileged  publication  as  to  the  person 
making  said  allegation  or  averment  within  the  meaning  of  this  sec- 
tion unless  such  pleading  be  verified  or  affidavit  sworn  to,  and  be  made 
without  malice,  by  one  having  reasonable  and  probable  cause  for 
believing  the  truth  of  such  allegation  or  averment  and  unless  such 
allegation  or  averment  be  material  and  relevant  to  the  issues  in  such 
action. 

3.  In  a  communication,  without  malice,  to  a  person  interested 
therein,  (1)  by  one  who  is  also  interested,  or  (2)  by  one  who  stands 
in  such  relation  to  the  person  interested  as  to  afford  a  reasonable 
ground  for  supposing  the  motive  for  the  communication  innocent, 
or  (3)  who  is  requested  by  the  person  interested  to  give  the 
information. 

4.  By  a  fair  and  true  report,  without  malice,  in  a  public  journal, 
of  (1)  a  judicial  or  (2)  other  public  official  proceeding,  or  (3)  of 
anything  said  in  the  course  thereof,  or  (4)  of  a  verified  charge  or 
complaint  made  by  any  person  to  a  public  official,  upon  which 
complaint  a  warrant  shall  have  been  issued, 

5.  By  a  fair  and  true  report,  without  malice,  of  (1)  the  proceed- 
ings of  a  public  meeting,  if  such  meeting  was  lawfully  convened 
for  a  lawful  purpose  and  open  to  the  public,  or  (2)  the  publication  of 
the  matter  complained  of  was  for  the  public  benefit. 

Cross-Refeeence 
Pleading  libel,  see  title  4,  sections  258  and  259. 

46.  Malice  not  inferred. — In  the  cases  provided  for  in  subdivisions 
3,  4,  and  5  of  the  next  preceding  section,  malice  is  not  inferred  from 
the  communication  or  publication. 

47.  Personal   relations   forbid   abduction   and   seduction. — The 

rights  of  personal  relations  forbid : 

1.  The  abduction  of  a  husband  from  his  wife,  or  of  a  parent  from 
his  child. 

2.  The  abduction  or  enticement  of  a  wife  from  her  husband,  or  a 
child  from  a  parent,  or  from  a  guardian  entitled  to  its  custody. 

3.  The  seduction  of  daughter  or  orphan  sister. 

Ceoss-Refekence 

Action  for  seduction,  see  title  4,  sections  129  and  130. 
Damages  for  seduction,  see  section  2665  of  this  title. 

46 


THE  CIVIL  CODE 


[T.  3,  §  54 


48.  Right  to  use  force. — Any  necessary  force  may  be  used  to  pro- 
tect from  wrongful  injury  the  person  or  property  of  oneself,  or  of 
a  wife,  husband,  child,  parent,  or  other  relative,  or  member  of  one's 
family,  or  of  a  ward,  servant,  master,  or  guest. 


CHAPTER  4.— MARRIAGE 


Sec. 


What  constitutes  marriage. 

Marriage ;  how  proved. 

What  marriages  void  without  being  so 
decreed. 

What  marriages  voidable. 

Annulment  of  marriage  celebrated 
elsewliere. 

Jurisdiction  of  annulment  suit ;  who 
may  institute  suit. 

Legitimacy  of  children  of  annulled 
marriages. 

Custody  of  children  of  annulled  mar- 
riages. 

59.  Efifect  of  judgment  of  nullity. 

60.  Capability   of  minors  to  contract   mar- 

riage. 


53 


58 


Sec. 

61.  Application  for  and  issuance  of  license ; 

fee. 

62.  Who   may  celebrate  marriages ;   license 

to  celebrate  marriages. 

63.  Certifying,     signing,     return,     and     re- 

cording of  license ;  marriage   certifi- 
cate. 

64.  Violations   of  provisions   of  this   chap- 

ter ;  punishment. 

65.  Declaration  where   there  is   no   record. 

66.  To  be  acknowledged  and  recorded. 

67.  Either  party  may  proceed  to  test  valid- 

ity of  marriage. 

68.  Marriages  contracted  outside  of  Canal 

Zone. 


Section  51.  What  constitutes  marriage. — Marriage  is  a  personal 
relation  arising  out  of  a  civil  contract,  to  which  the  consent  of 
parties  capable  of  making  that  contract  is  necessary.  Consent  alone 
will  not  constitute  marriage ;  it  must  be  followed  by  a  solemnization 
authorized  by  this  title. 

52.  Marriage;  how  proved. — Consent  to  marriage  and  solemniza- 
tion thereof  may  be  proved  under  the  same  general  rules  of  evidence 
as  facts  are  proved  in  other  cases. 

53.  What  marriages  void  without  being  so  decreed. — (a)  A 

marriage  celebrated  in  the  Canal  Zone  after  December  29,  1926,  shall 
be  void,  without  being  so  decreed — 

(1)  If  between  persons  related  by  consanguinity  within  the  fourth 
degree,  determined  according  to  sections  636  to  640  of  this  title ; 

(2)  If  either  party  thereto  has  been  previously  married  and  such 
previous  marriage  has  not  been  terminated  by  death,  annulment,  or  a 
final  decree  of  divorce ;  or 

(3)  If  either  party  thereto  is  not  present  in  person  at  the  celebra- 
tion of  the  marriage. 

(b)  A  void  marriage  may,  in  addition,  be  declared  by  judicial 
decree,  or  be  shown  in  any  collateral  proceeding,  to  have  been  void 
from  the  time  of  its  celebration.  (Dec.  29,  1926,  ch.  19,  sec.  8,  44 
Stat.  927;  Feb.  27, 1933,  ch.  128,  sec.  39,  47  Stat.  1128.) 

Cross-Refeibence 
Bigamous  and  incestuous  marriages,  see  title  5,  sections  411  to  414. 

54.  What  marriages  voidable. — (a)  A  marriage  celebrated  in  the 
Canal  Zone  after  December  29,  1926,  shall  be  voidable — 

(1)  If  either  party  thereto,  at  the  time  of  the  marriage,  is  an  idiot 
or  a  lunatic ; 

(2)  If  the  consent  of  either  party  thereto  was  procured  by  force 
or  fraud : 


47 


T.  3,  §  55]  THE  CIVIL  CODE 

(3)  If  either  party  thereto  is,  at  the  time  of  the  marriage,  incapa- 
ble, from  physical  cause,  of  entering  into  the  marriage  state ; 

(4)  If,  because  of  the  age  of  either  party  thereto,  a  written  consent 
under  section  60  of  this  title  was  required,  and  the  marriage  was  cele- 
brated without  such  consent ;  or 

(5)  If,  at  the  time  of  the  marriage,  the  male  is  under  seventeen  or 
the  female  is  under  fourteen  years  of  age. 

(b)  A  voidable  marriage  shall  be  held  to  be  valid  until  it  is 
annulled,  by  judicial  decree,  as  of  the  date  of  such  decree.  (Dec.  29, 
1926,  ch.  19,  sec.  9,  44  Stat.  927;  Jan.  22,  1927,  ch.  52,  44  Stat.  1023; 
Feb.  27, 1933,  ch.  128,  sec.  40,  47  Stat.  1128.) 

55.  Annulment  of  marriage  celebrated  elsewhere. —  (a)  A  mar- 
riage celebrated  outside  of  the  Canal  Zone  may  be  declared  void  or 
may  be  annulled  in  the  same  manner  and  with  the  same  effect  as 
though  it  had  been  celebrated  in  the  Canal  Zone  if  the  petitioner 
shall  have  resided  in  the  Canal  Zone  within  a  period  of  thirty  days 
before  and  a  period  of  thirty  days  after  the  date  of  such  marriage. 

(b)  A  suit  to  have  any  such  marriage  celebrated  outside  the  Canal 
Zone  declared  void  or  annulled  may,  in  addition,  be  instituted  by  the 
district  attorney  of  the  Canal  Zone  in  the  name  of  the  Government 
of  the  Canal  Zone.  (Dec.  29,  1926,  ch.  19,  sec.  10,  44  Stat.  928;  Feb. 
27, 1933,  ch.  128,  sec.  41,  47  Stat.  1129.) 

56.  Jurisdiction  of  annulment  suit;  who  may  institute  suit. — 

(a)  The  district  court  shall  have  jurisdiction  of  a  suit  to  have  a 
marriage  declared  void  or  annulled. 

(b)  In  the  case  of  a  male  under  twenty-one  or  a  female  under 
eighteen  years  of  age  such  suit  may  be  instituted  through  a  next 
friend  or  by  a  parent  or  guardian.  In  the  case  of  an  idiot  or  a 
]unatic  such  suit  may  be  instituted  through  a  next  friend. 

(c)  No  suit  to  have  a  marriage  annulled  may  be  instituted  by  a 
person  who,  when  fully  capable  of  contracting  marriage,  entered 
into  such  marriage  willfully  and  with  knowledge  of  the  circum- 
stances rendering  such  marriage  voidable.  (Dec.  29,  1926,  ch.  19, 
sec  11,  44  Stat.  928;  Feb.  27,  1933,  ch.  128,  sec.  42,  47  Stat.  1129.) 

57.  Legitimacy  of  children  of  annulled  marriages. — A  judgment 
of  nullity  of  marriage  does  not  affect  the  legitimacy  of  children 
begotten  before  the  judgment. 

Ceoss-Rkfebences 

Divorce  as  affecting  legitimacy  of  cliildien.  soe  seclion  118  of  this  title. 
Legitimate  children,  who  are,  see  sections  162  and  164  (if  this  title. 
Legitimacy  of  children  of  annulled  marriage,  see  section  634  of  this  title. 
Presumption  of  legitimacy  of  children,  see  sections  1(5:!  and  103  of  this  title. 
Who  may  dispute  legitimacy  of  child,  see  section  104  of  tliis  title. 
Presumption  of  legitimacy  of  children,  see  title  4,  sections  liOOO  and  1!007. 

58.  Custody  of  children  of  annulled  marriages. — The  court  must 
award  the  custody  of  the  children  of  a  marriage  annulled  on  the 
ground  of  fraud  or  force  to  the  innocent  pareut,  and  may  also 
provide  for  their  education  and  maintenance  out  of  the  property  of 
the  guilty  party. 


48 


THE  CIVIL  CODE  [T.  3,  §  61 

59.  Effect  of  judgment  of  nullity.— A  judgment  of  nullity  of 
marriage  rendered  is  conclusive  only  as  against  the  parties  to  the 
action  and  those  claiming  under  them. 

C5kobs-Refekbncb 

Effect  of  decree  of  divorce,  see  section  117  of  this  title. 

60.  Capability  of  minors  to  contract  marriage. —  (a)  Except  as 
provided  in  subdivision  (b),  a  male  under  twenty-one  years  or  age 
or  a  female  under  eighteen  years  of  age  may  not  enter  into  a 
marriage  in  the  Canal  Zone. 

(b)  A  male  seventeen  years  of  age  or  over  and  under  twenty-one 
years  of  age,  or  a  female  fourteen  years  of  age  or  over  and  under 
eighteen  years  of  age,  may  enter  into  a  marriage  with  the  written 
consent  of  his  or  her  natural  or  adopted  parents,  or  of  the  parent 
having  custody  of  such  male  or  female  if  such  parents  are  divorced, 
or  of  one  of  such  parents  if  the  other  is  dead,  or  has  deserted  his  or 
her  family,  or  has  been  adjudged  insane  or  a  lunatic,  or  of  a  legally 
appointed  guardian  if  there  is  no  parent  qualified  to  give  such 
consent.  (Dec.  29,  1926,  ch.  19,  sec.  12,  44  Stat.  928;  Feb.  27,  1933, 
ch.  128,  sec.  46,  47  Stat.  1129.) 

61.  Application  for  and  issuance  of  license;  fee. — (a)  No  mar- 
riage shall  be  celebrated  in  the  Canal  Zone  unless  a  license  to  marry 
has  first  been  secured  from  the  clerk  of  the  division  of  the  district 
court  in  which  the  marriage  is  to  be  celebrated :  Provided  however, 
That  no  marriage  license  shall  be  granted  unless  one  of  the  parties 
thereto  is  an  American  citizen,  or  a  resident  of  the  Canal  Zone: 
AThd  provided  further,  That  no  marriage  license  shall  be  issued 
to  a  leper  except  upon  a  certificate  of  approval  by  the  chief  health 
officer  of  the  Canal  Zone.  Such  license  when  issued  shall  be  accom- 
panied by  a  marriage  certificate  to  be  filled  in  by  the  person  cele- 
brating the  marriage. 

(b)  Such  clerk  shall,  upon  application  therefor  in  accordance  with 
subdivision  _(c),  accompanied  by  the  written  consent  when  required 
by  subdivision  (b)  of  the  next  preceding  section,  issue  a  license  to 
marry  if  it  appears  to  the  satisfaction  of  such  clerk  from  the  sworn 
statement  of  the  persons  desiring  to  marry,  or,  if  required  by  such 
clerk,  from  the  sworn  statement  of  another,  that  no  legal  impedi- 
ment to  the  marriage  is  known  to  exist. 

(c)  The  application  for  a  license  to  marry  shall  state — 

(1)  The  name,  address,  age,  color,  and  race  of  each  of  the  persons 
to  be  married ; 

(2)  The  relationship,  if  any,  of  such  persons,  by  consanguinity 
or  affinity; 

(3)  If  either  of  such  persons  has  been  previously  married,  then 
the  date  and  place  of  each  previous  marriage,  the  name  of  each 
person  to  whom  previously  married,  and  the  manner  in  which  each 
such  marriage  has  been  terminated. 

(d)  The  Governor  shall  prescribe  the  form  of  the  application  for 
a  license  to  marry,  of  the  license  to  marry,  and  of  the  marriage 
certificate. 


49 


T.  3,  §  62]  THE  CIVIL  CODE 

(e)  The  clerk  shall  be  paid  a  fee  of  $2  upon  the  issuance  of  a 
license  to  marry,  and  shall  keep  a  record  of  all  licenses  issued  and  of 
all  applications  for  licenses,  together  Avith  any  written  consent  of 
parents  or  a  parent  or  guardian  or  the  chief  health  officer  accom- 
panying the  same.  Such  fee  shall  be  disposed  of  in  the  same  manner 
as  other  fees  received  by  such  clerk.  (Dec.  29,  1926,  ch.  19,  sec.  13, 
44  Stat.  928;  Jan.  22,  1927,  ch.  52,  44  Stat.  1023;  Feb.  27,  1933,  ch. 
128,  sec.  47,  47  Stat.  1130.) 

62.  Who  may  celebrate  marriages;  license  to  celebrate  mar- 
riages.—  (a)  A  marriage  may  be  celebrated  in  the  Canal  Zone  only 
by— 

(1)  A  magistrate  of  the  Canal  Zone. 

(2)  A  minister  in  good  standing  in  any  religious  society  or 
denomination  who  resides  in  the  Canal  Zone. 

(3)  A  minister  in  good  standing  in  any  religious  society  or 
denomination  who  resides  in  the  city  of  Colon  or  the  city  of  Panama, 
in  the  Republic  of  Panama,  if  he  has  procured  from  the  clerk  of  the 
district  court  for  the  Canal  Zone  a  license  authorizing  such  minister 
to  celebrate  marriages  in  the  Canal  Zone. 

(b)  The  clerk  shall  issue  the  license  provided  for  in  paragraph  (3) 
of  subdivision  (a)  to  any  such  minister  if  such  clerk  is  satisfied  that 
such  minister  is  qualified  to  celebrate  marriages  in  the  Canal  Zone. 
The  clerk  shall  be  paid  a  fee  of  $2  for  issuing  and  recording  any 
such  license.  Such  fee  shall  be  disposed  of  in  the  same  manner  as 
other  fees  received  by  such  clerk.  (Dec.  29,  1926,  ch.  19,  sec.  14,  44 
Stat.  929;  Feb.  27,  1933,  ch.  128,  sec.  48,  47  Stat.  1130.) 

63.  Certifying,  signing,  return,  and  recording  of  license;  mar- 
riage certificate. —  (a)  The  judicial  officer  or  minister  celebrating  a 
marriage  shall — 

(1)  Certif}^  upon  the  marriage  license  that  he  celebrated  such  mar- 
riage, giving  his  official  title  and  the  time  wdien  and  place  where 
such  marriage  was  celebrated; 

(2)  Cause  two  persons  who  witnessed  the  marriage  to  sign  their 
names  on  the  marriage  license  as  witnesses,  each  giving  his  place  of 
residence ; 

(3)  At  the  time  of  the  marriage,  fill  out  and  sign  the  marriage 
certificate  accompanying  the  license  and  deliver  it  to  one  of  the 
parties  to  the  marriage;  and 

(4)  Within  thirty  days  after  the  date  of  the  marriage,  return  such 
license,  so  certified  and  witnessed,  to  the  clerk  wlio  issued  such  license. 

(b)  Upon  return  of  a  license  a,s  required  in  subdivision  (a),  the 
clerk  shall  file  the  same  after  making  registry  thereof  in  a  book  to 
be  kept  in  his  office  for  that  purpose  only,  such  registry  to  contain 
the  Christian  and  surnames  of  the  parties,  the  time  of  their  marriage, 
and  the  name  and  title  of  the  person  who  celebrated  the  marriage. 
(Dec.  29,  1926,  ch.  19,  sec.  15,  44  Stat.  929 ;  Feb.  27,  1933,  ch.  128,  sec. 
49,  47  Stat.  1131.) 

64.  Violations  of  provisions  of  this  chapter;  punishment. —  (a) 

Any  judicial  officer  or  minister  who  is  qualified  to  celebrate  marriages 
in  the  Canal  Zone  and  any  clerk  of  court  who  violates  any  of  the 
provisions  of  .sections  61  to  63  of  this  title  shall  be  punished  by  a 

60 


THE  CIVIL  CODE  [T.  3,  §  C8 

fine  of  not  more  than  $25,  or  by  imprisonment  in  jail  for  not  more 
than  thirty  days,  or  by  both. 

(b)  Any  person  who  knowingly  makes  or  causes  to  be  made  any 
false  oath  as  to  any  material  matter  for  the  purpose  of  procuring  or 
aiding  another  to  procure  a  marriage  license  shall  be  guilty  of  per- 
jury and  shall  be  punished  by  imprisonment  in  the  penitentiary  for 
not  more  than  ten  years. 

(c)  Any  person  who  knowingly  file,s  or  causes  to  be  filed  with  the 
clerk  a  written  consent,  any  signature  to  which  is  a  forgery,  shall 
be  guilty  of  uttering  a  forged  instrument  and  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  not  more  than  fourteen  years. 

(d)  Any  person  who  is  not  qualified  to  celebrate  marriages  in  the 
Canal  Zone  under  this  chapter  and  who  celebrates  in  the  Canal  Zone 
what  purports  to  be  a  marriage  ceremony  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  more  than  three  years.  (Dec. 
29,  1926,  ch.  19,  sec.  16,  44  Stat.  929 ;  Jan.  22,  1927,  ch.  52,  44  Stat. 
1023;  Feb.  27,  1933,  ch.  128,  sec.  50,  47  Stat.  1131.) 

65.  Declaration  where  there  is  no  record. — If  no  record  of  the 
solemnization  of  a  marriage  heretofore  contracted,  be  known  to 
exist,  the  parties  may  join  in  a  written  declaration  of  such  marriage, 
substantially  showing : 

(1)  The  names,  ages,  and  residences  of  the  parties. 

(2)  The  fact  of  marriage. 

(3)  That  no  record  of  such  marriage  is  known  to  exist.  Such 
declaration  must  be  subscribed  by  the  parties  and  attested  by  at 
least  three  witnesses. 

66.  To  be  acknowledged  and  recorded. — Declarations  of  marriage 
must  be  acloiowledged  and  recorded  in  the  office  of  the  clerk  of  the 
district  court. 

67.  Either  party  may  proceed  to  test  validity  of  marriage. — If 

either  party  to  any  marriage  denies  the  same,  or  refuses  to  join  in  a 
declaration  thereof,  the  other  may  proceed,  by  action  in  the  dis- 
trict court,  to  have  the  validity  of  the  marriage  determined  and 
declared. 

68.  Marriages  contracted  outside  of  Canal  Zone. — Except  as 
otherwise  provided  in  section  55  of  this  title,  all  marriages  con- 
tracted outside  of  the  Canal  Zone,  which  would  be  valid  by  the  laws 
of  the  country  in  which  the  same  were  contracted,  are  valid  in  the 
Canal  Zone. 

CHAPTER  5.— DIVORCE 


Art.  Sec. 

1.  Causes  for  divorce 71 

2.  Causes  for  denying  divorce 91 


Art.  Sec. 

3.  General  provisions 111 


Cross-Refb3iences 

Admission  of  defendant  as  evidence,  see  title  4,  section  2155. 
Cross  complaint  for  divorce  and  proceedings  thereon,  see  title  4,  section  228. 
Practice  in  general  in  suits  for  divorce,  see  title  4,  section  181. 
Process  and  service  thereof  in  suits  for  divorce,   see  title  4,  sections  181 
and  182. 

Statement  of  facts  in  divorce  complaint,  see  title  4,  section  203. 
Time  for  appearance  and  answer,  see  title  4,  section  183. 
Venue  of  suits  for  divorce,  see  title  4,  section  152. 

61 


T.  3, §  71] 


THE  CIVIL  CODE 


ARTICLE  1.— CAUSES  FOR  DIVORCE 


Sec. 

71.  Causes  for  divorce. 

72.  Adultery  defined. 

73.  Desertion,  what. 

74.  Desertion,  how  manifested. 

75.  In  case  of  stratagem  or  fraud,  who  com- 

mits desertion. 

76.  In    case    of    cruelty,    where    one    party 

leaves  other,  who  commits  desertion. 

77.  Separation  by  consent  not  desertion. 

78.  Absence  becomes  desertion,  when. 


Sec. 

79.  Consent  to  separate  revocable. 

80.  Desertion,   how   cured ;   effect  of  refus- 

ing condonation. 
SI.  Wife    must    abide    by    husband's    selec- 
tion of  home,  or  it  is  desertion  on 
her    part. 

82.  If   place  is  unfit,  and   wife  refuses  to 

conform,  it  is  desertion  by  husband. 

83.  Habitual  intemperance,  what. 

84.  Extreme  cruelty,  what. 


Section  71.  Causes  for  divorce. — In  every  case  in  which  a  mar- 
riage has  been,  or  hereafter  may  be,  contracted  and  solemnized  be- 
tween any  two  persons,  and  it  shall  be  adjudged,  in  the  manner  here- 
inafter provided,  (1)  that  either  party  has  committed  adultery  sub- 
sequent to  the  marriage  except  as  hereinafter  provided;  or  (2)  has 
willfully  deserted  and  absented  herself  or  himself  from  the  husband 
or  wife  without  any  reasonable  cause  for  a  period  of  two  years;  or 
(3)  has  been  guilty  of  willful  neglect  wdiich  shall  consist  of  the 
willful  failure  of  the  husband  to  provide  for  his  wife  the  necessaries 
of  life,  he  having  the  ability  to  do  so,  or  the  willful  failure  to  do  so 
by  reason  of  voluntary  idleness,  profligacy,  or  dissipation,  in  either 
case  continued  for  a  period  of  one  year;  or  (4)  has  been  guilty  of 
habitual  drunkenness  for  the  space  of  two  years;  or  (5)  has  at- 
tempted the  life  of  the  other  by  any  means  showing  malice;  or  (6) 
has  been  guilty  of  extreme  cruelty;  or  (7)  has  been  subsequent  to 
the  marriage,  convicted  of  felony,  it  shall  be  lawful  for  the  injured 
party  to  obtain  a  divorce  and  dissolution  of  such  marriage  contract 
in  the  district  court.  (Sept.  21,  1922,  ch.  370,  sec.  12,  42  Stat.  1008; 
Feb.  27,  1933,  ch.  128,  sec.  60,  47  Stat.  1132.) 

72.  Adultery  defined. — Adultery  is  the  voluntary  sexual  inter- 
course of  a  married  person  with  a  person  other  than  the  offender's 
husband  or  wife. 

73.  Desertion,  what. — "Willful  desertion  is  the  voluntary  separa- 
tion of  one  of  the  married  parties  from  the  other  with  intent  to 
desert. 

74.  Desertion,  how  manifested. — Persistent  refusal  to  have  rea- 
sonable matrimonial  intercourse  as  husband  and  wnfe,  when  health 
or  physical  condition  does  not  make  such  refusal  reasonably  neces- 
sary, or  the  refusal  of  either  party  to  dwell  in  the  same  house  with 
the  other  party,  when  there  is  no  just  cause  for  such  refusal,  is 
desertion. 

75.  In  case  of  stratagem  or  fraud,  who  commits  desertion. — 

When  one  party  is  induced,  by  the  stratagem  or  fraud  of  the  other 
party,  to  leave  the  family  dwelling  place,  or  to  be  absent,  and  during 
such  absence  the  offending  party  departs  Avith  intent  to  desert  the 
other,  it  is  desertion  by  the  party  committing  the  stratagem  or  fraud, 
and  not  by  the  other. 

76.  In  ease  of  cruelty,  where  one  party  leaves  other,  who  com- 
mits desertion. — Departure  or  absence  of  one  party  from  the  family 
dwelling  place,  caused  by  extreme  cruelty  or  by  threats  of  bodily 


52 


THE  CIVIL  CODE  [T.  3,  §  84 

harm  from  which  danger  would  be  reasonably  apprehended  from 
the  other,  is  not  desertion  by  the  absent  party,  but  it  is  desertion 
by  the  other  party. 

77.  Separation  by  consent  not  desertion. — Separation  by  consent 
with  or  without  the  understanding  that  one  of  the  parties  will  apply 
for  a  divorce,  is  not  desertion. 

CROSS-REFBaJEHSrCES 

Agreement  for  separation,  see  section  135  of  this  title. 
Consent  revocable,  see  section  79  of  this  title. 

78.  Absence  becomes  desertion,  v/hen. — Absence  or  separation, 

proper  in  itself,  becomes  desertion  whenever  the  intent  to  desert  is 
fixed  during  such  absence  or  separation. 

79.  Consent  to  separate  revocable. — Consent  to  a  separation  is  a 
revocable  act,  and  if  one  of  the  parties  afterwards,  in  good  faith, 
seeks  a  reconciliation  and  restoration,  but  the  other  refuses  it,  such 
refusal  is  desertion. 

80.  Desertion,  how  cured;  effect  of  refusing  condonation. — If 

one  party  deserts  the  other,  and  before  the  expiration  of  the  statutory 
period  required  to  make  the  desertion  a  cause  of  divorce,  returns  and 
offers  in  good  faith  to  fulfill  the  marriage  contract,  and  solicits  con- 
donation, the  desertion  is  cured.  If  the  other  party  refuse  such  offer 
and  condonation,  the  refusal  shall  be  deemed  and  treated  as  desertion 
by  such  party  from  the  time  of  refusal. 

81.  Wife  must  abide  by  husband's  selection  of  home,  or  it  is 
desertion  on  her  part. — The  husband  may  choose  any  reasonable 
place  or  mode  of  living,  and  if  the  wife  does  not  conform  thereto,  it 
is  desertion. 

82.  If  place  is  unfit,  and  wife  refuses  to  conform,  it  is  desertion 
by  husband. — If  the  place  or  mode  of  living  selected  by  the  husband 
is  unreasonable  and  grossly  unfit,  and  the  wife  does  not  conform 
thereto,  it  is  desertion  on  the  part  of  the  husband  from  the  time  her 
reasonable  objections  are  made  known  to  him. 

83.  Habitual  intemperance,  what.— Habitual  drunkenness  is  that 
degree  of  intemperance  from  the  use  of  intoxicating  drinks  which 
disqualifies  the  person  a  great  portion  of  the  time  from  properly 
attending  to  business,  or  which  would  reasonably  inflict  a  course  of 
great  mental  anguish  upon  the  innocent  party. 

84.  Extreme  cruelty,  what. — Extreme  cruelty  is  the  wrongful 
infliction  of  grievous  bodily  injury,  or  grievous  mental  suffering, 
upon  the  other  by  one  party  to  the  marriage. 


58 


T.  3,  §  91] 


THE  CIVIL  CODE 


ARTICLE  2.— CAUSES  FOB  DENYING  DIVORCE 


Sec. 

91.  Divorces  denied,  on  showing  what. 

92.  Connivance,   what. 

93.  Corrupt  consent,  how  manifested. 

94.  Collusion,  what. 

95.  Condonation,  what. 

96.  Requisites  to  condonation. 

97.  Condonation  implies  what. 

98.  Evidence  of  condonation. 

99.  Condonation  ;  can  only  be  made  when. 
100.  Concealment  of  facts  in  certain  cases 

makes  condonation  void. 


Sec. 

101.  Condonation,  how  revoked. 

102.  Recrimination,   what. 

103.  Condonation ;  when  to  bar  defense. 

104.  Divorce,   when   denied. 

105.  Lapse  of  time  establishes  certain  pre- 

sumptions. 

106.  Presumptions  may  be  rebutted. 

107.  Limitation  of  time. 

108.  Residence  of  plaintiff  in  suit  for 

divorce. 


-Divorces  must  be  denied 


91.  Divorces  denied,  on  showing  what.- 

npon  showing: 

1.  Connivance; 

2.  Collusion; 

3.  Condonation; 

4.  Recrimination;  or 

5.  Limitation  and  lapse  of  time. 

Ceoss-Referewces 

Connivance,  see  section  92  of  tliis  title. 

Collusion,  see  section  94  of  this  title. 

Condonation,  see  sections  95  et  seq.,  of  this  title. 

Recrimination,  see  sections  102  et  seq.,  of  this  title. 

Limitation  and  lapse  of  time,  see  sections  104  et  seq.,  of  this  title. 

92.  Connivance,  what. — Connivance  is  the  corrupt  consent  of  one 
party  to  the  commission  of  the  acts  of  the  other,  constituting  the 
cause  of  divorce. 

93.  Corrupt  consent,  how  manifested. — Corrupt  consent  is  mani- 
fested by  passive  permission,  with  intent  to  connive  at  or  actively 
procure  the  commission  of  the  acts  complained  of. 

94.  Collusion,  what. — Collusion  is  an  agreement  between  husband 
and  wife  that  one  of  them  shall  commit,  or  appear  to  have  com- 
mitted, or  to  be  represented  in  court  as  having  committed,  acts  con- 
stituting a  cause  of  divorce,  for  the  purpose  of  enabling  the  other 
to  obtain  a  divorce. 

95.  Condonation,  what. — Condonation  is  the  conditional  forgive- 
ness of  a  matrimonial  offense  constituting  a  cause  of  divorce. 

Cboss-Refebences 

Revoking  condonation,  see  section  101  of  this  title. 

Condonation  of  a  recriminatory  defense,  see  section  103  of  this  title. 

96.  Requisites  to  condonation. — The  following  requirements  are 
necessary  to  condonation: 

1.  A  knowledge  on  the  part  of  the  condoner  of  the  facts  consti- 
tuting the  cause  of  divorce ; 

2.  Reconciliation  and  remission  of  the  offense  by  the  injured 
party; 

3.  Restoration  of  the  offending  party  to  all  marital  rights. 

97.  Condonation  implies  what. — Condonation  implies  a  condition 
subsequent;  that  the  forgiving  party  must  be  treated  with  conjugal 
kindness- 

54 


THE  CIVIL  CODE  [T.  3,  §  106 

98.  Evidence  of  condonation. — Where  the  cause  of  divorce  con- 
sists of  a  course  of  offensive  conduct,  or  arises,  in  cases  of  cruelty, 
from  excessive  acts  of  ill  treatment  which  may,  aggregately,  consti- 
tute the  offense,  cohabitation,  or  passive  endurance,  or  conjugal 
kindness,  shall  not  be  evidence  of  condonation  of  any  of  the  acts 
constituting  such  cause,  unless  accompanied  by  an  express  agreement 
to  condone. 

99.  Condonation;  can  only  be  made  when. — In  cases  mentioned 
in  the  next  preceding  section,  condonation  can  be  made  only  after  the 
cause  of  divorce  has  become  complete,  as  to  the  acts  complained  of. 

100.  Concealment  of  facts  in  certain  cases  makes  condonation 
void. — A  fraudulent  concealment  by  the  condonee  of  facts  consti- 
tuting a  different  cause  of  divorce  from  the  one  condoned,  and  exist- 
ing at  the  time  of  condonation,  avoids  such  condonation. 

101.  Condonation,  how  revoked. — Condonation  is  revoked  and 
the  original  cause  of  divorce  revived : 

1.  When  the  condonee  commits  acts  constituting  a  like  or  other 
cause  of  divorce ;  or 

2.  When  the  condonee  is  guilty  of  great  conjugal  unkindness,  not 
amounting  to  a  cause  of  divorce,  but  sufficiently  habitual  and  gross 
to  show  that  the  conditions  of  condonation  had  not  been  accepted  in 
good  faith,  or  not  fulfilled. 

102.  Recrimination,  what. — Eecrimination  is  a  showing  by  the 
defendant  of  any  cause  of  divorce  against  the  plaintiff,  in  bar  of  the 
plaintiff's  cause  of  divorce. 

103.  Condonation;  when  to  bar  defense. — Condonation  of  a 
cause  of  divorce,  shown  in  the  answer  as  a  recriminatory  defense,  is 
a  bar  to  such  defense,  unless  the  condonation  be  revoked,  as  provided 
in  section  101  of  this  title,  or  two  years  have  elapsed  after  the 
condonation,  and  before  the  accruing  or  completion  of  the  cause  of 
divorce  against  which  the  recrimination  is  shown. 

104.  Divorce,  when  denied. — A  divorce  must  be  denied: 

(1)  When  the  cause  is  adultery  and  the  action  is  not  commenced 
within  two  years  after  the  commission  of  the  act  of  adultery,  or 
after  its  discovery  by  the  injured  party. 

(2)  When  the  cause  is  conviction  of  felony,  and  the  action  is  not 
commenced  before  the  expiration  of  two  years  after  a  pardon,  or 
the  termination  of  the  period  of  sentence. 

(3)  In  all  other  cases  when  there  is  an  unreasonable  lapse  of  time 
before  the  commencement  of  the  action. 

105.  Lapse  of  time  establishes  certain  presumptions. — Unrea- 
sonable lapse  of  time  is  such  a  delay  in  commencing  the  action  as 
establishes  the  presumption  that  there  has  been  connivance,  collu- 
sion, or  condonation  of  the  offense,  or  full  acquiescence  in  the  same, 
with  intent  to  continue  the  marriage  relation  notwithstanding  the 
commission  of  such  offense. 

106.  Presumptions  may  be  rebutted. — The  presumptions  arising 
from  lapse  of  time  may  be  rebutted  by  showing  reasonable  grounds 
for  the  delay  in  commencing  the  action. 

55 


T.  3,  §  107] 


THE  CIVIL  CODE 


107.  Limitation  of  time. — There  are  no  limitations  of  time  for 
commencing  actions  for  divorce,  except  such  as  are  contained  in 
section  104  of  this  title. 

108.  Residence  of  plaintiff  in  suit  for  divorce. —  (a)  Any  person 
having  an  official  residence  within  the  territorial  limits  of  the  Canal 
Zone,  or  who  resides  therein  for  the  purpose  of  any  occupation  or 
employment,  shall,  during  such  residence,  be  deemed  a  resident  of 
the  Canal  Zone  for  the  purpose  of  this  chapter  and  sections  152, 
181  to  183,  203,  228,  and  2155  of  title  4,  notwithstanding  that  he  or 
she  may  not  have  acquired  a  permanent  domicile  within  the  Canal 
Zone. 

(b)  No  plaintiff  shall  be  entitled  to  a  divorce  who  has  not  actually 
resided  in  the  Canal  Zone  continuously  during  the  whole  year  next 
before  the  filing  of  his  or  her  complaint,  which  residence  shall  be 
duly  proven  by  the  plaintiff  to  the  satisfaction  of  the  court  by  at 
least  two  witnesses  who  are  residents  of  the  Canal  Zone;  and  the 
plaintiff  shall  file  with  the  complaint  his  or  her  own  affidavit,  in 
which  he  or  she  shall  state  the  length  of  time  plaintiff  has  resided 
in  the  Canal  Zone,  the  place  or  places  where  he  or  she  has  resided 
for  the  last  preceding  vear.  and  his  or  her  office  or  occupation.  (Sept. 
21, 1922  ch.  370,  sec.  13,  42  Stat.  1008;  Feb.  27, 1933,  ch.  128,  sec.  91,  47 
Stat.  1135.) 

Ceoss-Reference 

Venue  in  suit  for  divorce,  see  title  4,  section  152. 

ARTICLE  3.— GENERAL  PROVISIONS 


Sec. 

111.  Marriage,  how  dissolved. 

112.  Custody  and  care  of  children  pending 

suit. 

113.  Alimony  pending  suit. 

114.  When     bill     is     taken     as    confessed ; 

default. 

115.  Maintpnance  by  husband  where  divorce 

denied. 

116.  Action  for  permanent  support  of  wife. 

117.  Effect   of  divorce  in  general, 
lis.   Legitimacy  of  children. 

119.  Interlocutory   order  and  appeal   there- 

from ;   final  decree  of  divorce. 

120.  Alimony   and   maintenance ;   care,   cus- 

tody,  and   support  of   children. 


Sec. 

121.  Court  shall  resort  to  what,  in  execut- 

ing certain  sections. 

122.  If  wife  has  sufflciont  for  her  support, 

court   may    withhold    allowance. 

123.  Community  and  separate  property  may 

be  subjected  to  support  and  educate 
children. 

124.  Disposition  of  community  property  on 

divorce. 
12.'5.  Same. 

126.  Compelling  conveyance  of  property  be- 

longing to  other  spouse. 

127.  Resumption  of  maidon  or  former  hus- 

band's name. 

128.  Decrees    and   orders    prior   to    Septem- 

ber 21,  1922,  legalized. 


111.  Marriage,  how  dissolved. — Marriage  is  dissolved  only: 

(1)  By  the  death  of  one  of  the  parties;  or 

(2)  By  the  judgment  of  a  court  of  competent  jurisdiction  decreeing 
a  divorce  of  the  parties. 

112.  Custody  and  care  of  children  pending  suit. — The  court  may, 

en  the  application  of  either  party,  make  such  order  concerning  the 
custody  and  care  of  the  minor  children  of  the  parties  during  the 
pendencv  of  the  suit  as  may  be  deemed  expedient  and  for  the  benefit 
of  the  children.  (Sept.  21,  1922,  ch.  370,  sec.  17,  42  Stat.  1010;  Feb. 
27,  1933,  ch.  128,  sec.  93,  47  Stat.  1136.) 

113.  Alimony  pending  suit. — In  all  cases  of  divorce  the  court  may 
require  the  husband  to  pay  to  the  wife  or  Day  into  court  for  her 


66 


THE  CIVIL  CODE  [T.  3,  §  116 

use  during  the  pendency  of  the  suit  such  sum  or  sums  of  money  as 
may  enable  her  to  maintain  or  defend  the  suit ;  and  in  every  suit  for 
divorce,  the  wife,  when  it  is  just  and  equitable,  shall  be  entitled  to 
alimony  during  the  pendency  of  the  suit.  And  in  case  of  appeal 
by  the  husband,  the  district  court  may  grant  and  enforce  the  payment 
of  such  money  for  her  defense  and  such  equitable  alimony  during 
the  pendency  of  the  appeal  as  to  the  court  shall  seem  reasonable  and 
proper.  (Sept.  21,  1922,  ch.  370,  sec.  20,  42  Stat.  1010;  Feb.  27,  1933, 
ch.  128,  sec.  94,  47  Stat.  1136.) 

Cboss-Referenoej 
Property  resorted  to  in  executing  tliis  section,  see  section  121  of  this  title. 

114.  When  bill  is  taken  as  confessed;  default.— If  the  bill  is 

taken  as  confessed,  the  court  shall  proceed  to  hear  the  cause  by  exam- 
ination of  witnesses  in  open  court,  and  in  no  case  of  default  shall  the 
court  grant  a  divorce  unless  the  judge  is  satisfied  that  all  proper 
means  have  been  taken  to  notify  the  defendant  of  the  pendency  of  the 
suit,  and  that  ih.Q  cause  of  divorce  has  been  fully  proven  by  compe- 
tent evidence.  Whenever  the  district  judge  is  satisfied  that  the  in- 
terests of  the  defendant  require  it,  the  court  may  order  such  addi- 
tional notice  as  equity  may  seem  to  require.  (Sept.  21,  1922,  ch.  370, 
sec.  16,  42  Stat.  1010;  Feb.  27,  1933,  ch.  128,  sec.  95,  47  Stat.  1136.) 

115.  Maintenance  by  husband  where  divorce  denied. — Though 

judgment  of  divorce  is  denied,  the  court  may,  in  an  action  for  di- 
vorce, provide  for  the  maintenance  by  the  husband,  of  the  wife  and 
children  of  the  marriage,  or  any  of  them. 

Cross-References 

Alimony  generally,  see  section  120  of  this  title. 

Property  resorted  to  in  executing  this  section,  see  section  121  of  this  title. 

116.  Action  for  permanent  support  of  wife. — When  the  husband 
willfully  deserts  the  wife  or  when  the  husband  willfully  fails  to  pro- 
vide for  the  wife  or  when  the  wife  has  any  cause  of  action  for  di- 
vorce as  provided  in  section  71  of  this  title,  she  may,  without  ap- 
plying for  divorce,  maintain  in  the  district  court  an  action  against 
him  for  permanent  support  and  maintenance  of  herself  or  of  her- 
self and  children.  During  the  pendency  of  ,such  action  the  court 
may,  in  its  discretion,  require  the  husband  to  pay  as  alimony  any 
money  necessary  for  the  prosecution  of  the  action  and  for  support 
and  maintenance,  and  execution  may  issue  therefor  in  the  discretion 
of  the  court.  The  court,  in  granting  the  wife  permanent  support 
and  maintenance  of  herself,  or  of  herself  and  children,  in  any  such 
action,  shall  make  the  same  disposition  of  the  commimity  property 
as  would  have  been  made  if  the  marriage  had  been  dissolved  by  the 
decree  of  a  court  of  competent  jurisdiction.  The  final  judgment 
in  such  action  may  be  enforced  by  the  court  by  such  order  or  orders 
as  in  its  discretion  it  may  from  time  to  time  deem  necessary,  and 
auch  order  or  orders  may  be  varied,  altered,  or  revoked  at  the  dis- 
cretion of  the  court. 

Cboss-Refehencb 

Property  resorted  to  in  executing  this  section,  see  section  121  of  this  title. 
93083 — 34 5  57 


T.  3,  §  117]  THE  CIVIL  CODE 

117.  Effect  of  divorce  in  general. — The  effect  of  a  judgment  de- 
creeing a  divorce  is  to  restore  the  parties  to  the  state  of  unmarried 
persons. 

118.  Legitimacy  of  children. — No  divorce  shall  in  anywise  affect 
the  legitimacy  of  the  children  of  such  marriage.  (Sept.  21,  1922, 
ch.  370,  sec.  18,  42  Stat.  1010;  Feb.  27,  1933,  ch.  128,  sec.  99,  47  Stat. 
1137.) 

Cboss-Referbnces 

Issue  of  marriages  dissolved  by  divorce  legitimate,  see  section  634  of  this 
title. 

Legitimacy  of  children  of  annulled  marriages,  see  section  57  of  this  title. 

119.  Interlocutory  order  and  appeal  therefrom;  final  decree  of 
divorce. — (a)  No  final  decree  granting  a  divorce  shall  be  entered 
until  after  the  expiration  of  the  period  of  six  months  from  the  date 
of  the  entry  of  an  interlocutory  order  adjudging  that  a  case  for  di- 
vorce has  been  proved,  and  every  such  interlocutory  order  shall  ex- 
pressly state  that  no  divorce  is  granted  by  it.  An  appeal  may  be 
taken  from  any  such  interlocutory  order  in  the  same  manner  and 
within  the  same  time  as  an  appeal  from  a  final  decree  of  guch  court 
in  any  other  proceeding. 

(b)  After  the  expiration  of  such  period  of  six  months,  or  if  an 
appeal  is  taken  and  the  case  is  pending  at  the  time  of  the  expira- 
tion of  such  period  then  after  the  final  disposition  of  the  case 
if  determined  in  favor  of  the  plaintiff,  the  court,  upon  application 
filed  within  thirty  days  after  the  expiration  of  such  period  or  such 
final  disposition,  by  the  person  in  who,se  favor  such  interlocutory 
order  was  entered,  shall  enter  a  final  decree  granting  a  divorce.  II 
no  such  application  is  made,  the  court  may,  on  its  own  motion,  within 
three  months  after  the  expiration  of  such  thirty-day  period,  enter 
a  final  decree  of  divorce.  No  appeal  may  be  taken  from  such  final 
decree.  (Sept.  21,  1922,  ch.  370,  sec.  21,  42  Stat.  1011;  Dec.  29,  1926, 
ch.  19,  sec.  5,  44  Stat.  926;  Feb.  27,  1933,  ch.  128,  sec.  100,  47  Stat. 
1137.) 

120.  Alimony  and  maintenance;  care,  custody,  and  support  of 
children. — When  a  divorce  shall  be  decreed  the  court  may  make  such 
order  touching  the  alimony  and  maintenance  of  the  wife,  the  care, 
custody,  and  support  of  the  children,  or  any  of  them  as,  from  the 
circumstances  of  the  parties  and  the  nature  of  the  case,  shall  be 
reasonable  and  just,  and  in  case  the  wife  be  plaintiff,  may  order  the 
defendant  to  give  reasonable  security  for  such  alimony  and  main- 
tenance, or  may  enforce  the  payment  of  such  alimony  and  mainte- 
nance in  any  other  manner  consistent  with  the  rules  and  practice  of 
the  court.  And  the  court  may,  on  application,  from  time  to  time 
make  such  alterations  in  the  allowance  of  alimony  and  maintenance 
and  the  care,  custody,  and  support  of  the  children  as  shall  appear 
reasonable  and  proper.  In  decreeing  a  divorce  to  the  wife  the  court 
may  order  the  husband  to  pay  alimony  in  a  gross  sum  or  in  install- 
ments as  may  seem  best.  And  it  may  make  such  orders  and  enforce 
the  same  by  attachment  and  secure  the  payment  of  such  alimony, 
but  judgment  for  alimony  cannot  be  taken  when  the  defendant  is 

58 


THE  CIVIL  CODE  [T.  3,  §  128 

not  personally  served  with  summons  or  does  not  voluntarily  appear. 
(Sept.  21,  1922,  ch.  370,  sec.  20,  42  Stat.  1010;  Feb.  27,  1933,  ch.  128, 
sec.  101,  47  Stat.  1137.) 

CBOSS-REI'EaBNCE 

Property  resorted  to  in  executing  this  section,  see  section  121  of  this  title. 

121.  Court  shall  resort  to  what,  in  executing  certain  sections. — 

In  executing  sections  113, 115, 116  and  120  of  this  title,  the  court  must 
resort : 

1.  To  the  community  property ;  then, 

2.  To  the  separate  property  of  the  husband. 

122.  If  wife  has  sufficient  for  her  support,  court  may  withhold 
allowance. — When  the  wife  has  either  a  separate  estate,  or  there  is 
community  property  sufficient  to  give  her  alimony  or  a  proper  sup- 
port, the  court,  in  its  discretion,  may  withhold  any  allowance  to 
her  out  of  the  separate  property  of  the  husband. 

123.  Community  and  separate  property  may  be  subjected  to 
support  and  educate  children. — ^The  community  property  and  the 
separate  property  may  be  subjected  to  the  support  and  education  of 
the  children  in  such  proportions  as  the  court  deems  just. 

124.  Disposition  of  community  property  on  divorce. — In  case  of 
the  dissolution  of  the  marriage  by  the  decree  of  a  court  of  competent 
jurisdiction,  the  community  property  shall  be  assigned  to  the  re- 
spective parties  in  such  proportions  as  the  court,  from  all  the  facts 
of  the  case,  and  the  condition  of  the  parties,  may  'deem  just. 

125.  Same. — The  court,  in  rendering  a  decree  of  divorce,  must 
make  such  order  for  the  disposition  of  the  community  property, 
as  in  this  chapter  provided,  and,  whenever  necessary  for  that  purpose, 
may  order  a  partition  or  sale  of  the  property  and  a  division  or  other 
disposition  of  the  proceeds. 

126.  Compelling  conveyance  of  property  belonging  to  other 
spouse. — Whenever  a  divorce  is  granted,  if  it  shall  appear  to  the 
court  that  either  party  holds  the  title  to  property  equitably  belong- 
ing to  the  other,  the  court  may  compel  conveyance  thereof  to  the 
party  entitled  to  the  same,  upon  such  terms  as  it  shall  deem  equitable. 
(Sept.  21,  1922,  ch.  370,  sec.  20,  42  Stat.  1010;  Feb.  27,  1933,  ch.  128, 
sec.  107,  47  Stat.  1138.) 

127.  Resumption  of  maiden  or  former  husband's  name. — The 

court,  upon  granting  to  a  woman  a  divorce  from  the  bonds  of  matri- 
mony, may  allow  her  to  resume  her  maiden  name  or  the  name  of 
any  former  husband.  (Sept.  21,  1922,  ch.  370,  sec.  20,  42  Stat.  1010; 
Feb.  27,  1933,  ch.  128,  sec.  108,  47  Stat.  1138.) 

128.  Decrees  and  orders  prior  to  September  21,  1922,  legal- 
ized.— All  proceedings   in  the   district  court  of  the   Canal  Zone, 

wherein  and  whereby  a  decree  of  divorce  was  granted  prior  to 
September  21,  1922,  upon  personal  service,  or  service  by  publication, 
and  wherein  other  orders  were  made  affecting  the  status  of  the 
parties  or  their  children,  are  hereby  legalized.  (Sept.  21,  1922,  ch. 
370,  sec.  22,  42  Stat.  1011;  Feb.  27',  1933,  ch.  128,  sec.  109,  47  Stat. 
1138.) 


T.  3,  §  131] 


THE  CIVIL  CODE 


CHAPTER  6.— HUSBAND  AND  WIFE 


Sec. 

131.  Mutual    obligations    of    husband    and 

wife. 
1.32.  Rights  of  husband,  ms  head  of  family. 

133.  In  other  respects  their   interests   sep- 

arate. 

134.  Husband    and    wife    may    make    con- 

tracts. 

135.  Husband  and  wife;  property  relations. 

136.  Consideration    for    agreement    of    sep- 

aration. 

137.  May    hold    property   how. 

138.  Separate  property  of  the  wife. 

139.  Separate  property  of  the  husband. 

140.  Property   acquired   after   marriage. 

141.  Inventory     of     separate     property     of 

wife. 

142.  Filing  inventory  notice  of  wife's  title. 

143.  Community     property ;     contracts     by 

wife. 


Sec. 

144.  Earnings  of  wife  not  liable  for  debts 

of  the  husband. 

145.  Earnings    of   wife,   when   living   sepa- 

rate,  separate  property. 

146.  Liability  for  debts  of  wife  contracted 

before  marriiige. 

147.  Liability  of  separate  property  of  wife. 

148.  Married   woman's  torts. 

149.  Management    of    community    personal 

property. 

150.  Support   of   wife. 

151.  Husband    not    liable   when    abandoned 

by  wife. 

152.  When  wife  must  support  husband. 

153.  Rights  of  husband  and  wife  governed 

by  what. 

154.  Marriage    settlement    contracts,    how 

executed. 

155.  Minors    may    make    marriage    settle- 

ments. 


Section  131.  Mutual  obligations  of  husband  and  wife. — Husband 

and  wife  contract  towards  each  other  obligations  of  mutual  respect, 
fidelity,  and  support. 

CkOSS-Re3FERENCB8 

Abandonment  or  omission  to  provide  for  wife,  as  misdemeanor,  see  title  5, 
section  441. 

Motlier  aiding  in  support  of  cliildren,  see  section  166  of  this  title. 
Husband's  support  of  wife,  see  sections  150  and  151  of  this  title. 
Wife's  support  of  husband,  see  section  152  of  this  title. 

132.  Rights  of  husband,  as  head  of  family. — The  husband  is  the 
head  of  the  family.  He  may  choose  any  reasonable  place  or  mode  of 
living,  and  the  wife  must  conform  thereto. 

Ceoss-Re^'ebences 

Parent  clianging  residence  of  child,  see  section  183  of  this  title. 
HiLsband's  selection  of  dwelling  place,  etc.,  see  section  81  of  this  title. 

133.  In  other  respects  their  interests  separate. — Neitlier  hus- 
band nor  wife  has  any  interest  in  the  property  of  the  other,  but 
neither  can  be  excluded  from  the  other's  dwelling. 

134.  Husband  and  wife  may  make  contracts. — Either  husband 
or  wife  may  enter  into  any  engagement  or  transaction  with  the  other, 
or  with  any  other  person,  respecting  property,  which  either  might 
if  unmarried;  subject,  in  transactions  between  themselves,  to  the 
general  rules  which  control  the  actions  of  persons  occupying  confi- 
dential relations  with  each  other,  as  defined  by  chapters  49  and  50 
of  this  title  on  trusts. 

135.  Husband  and  wife;  property  relations. — A  husband  and 
wife  cannot,  by  any  contract  with  each  other,  alter  their  legal  rela- 
tions, except  as  to  property,  and  except  that  they  may  agree,  in 
writing,  to  an  immediate  separation,  and  may  make  provision  for 
the  support  of  either  of  them  and  of  their  children  during  such 
separation. 

Cross-Referencb 

Marriage  settlements,  see  sections  153  to  155  of  this  title. 


60 


THE  CIVIL  CODE  [T.  3,  §  143 

136.  Consideration  for  agreement  of  separation. — The  mutual 

consent  of  the  parties  is  a  sufficient  consideration  for  such  an  agree- 
ment as  is  mentioned  in  the  next  preceding  section. 

137.  May  hold  property,  how. — A  husband  and  wife  may  hold 
property  by  joint  interests,  by  interests  in  common,  or  as  comnmnity 
property. 

138.  Separate  property  of  the  wife. — All  property  of  the  wife, 
owned  by  her  before  marriage,  and  that  acquired  afterwards  by  gift, 
bequest,  devise,  or  descent,  with  the  rents,  issues,  and  profits  thereof, 
is  her  separate  property.  The  wife  may,  without  the  consent  of  her 
husband,  convey  her  separate  property. 

139.  Separate  property  of  the  husband. — All  property  owned  by 
the  husband  before  marriage,  and  that  acquired  afterwards  by  gift, 
bequest,  devise,  or  descent,  with  the  rents,  issues,  and  profits  thereof, 
is  his  separate  property. 

Cboss-Refebences 

Commuuity  property,  see  section  280  of  this  title. 

Community  property  liable  for  what  debts,  see  section  143  of  this  title. 
Husband's  control  over  community  property,  see  section  149  of  this  title. 
Descent  of  community  property,  see  sections  648  and  649  of  this  title. 

140.  Property  acquired  after  marriage. — All  other  property  ac- 
quired after  marriage  by  either  husband  or  wife,  or  both,  including 
personal  property  wherever  situated,  heretofore  or  hereafter  ac- 
quired while  domiciled  elsewhere,  which  would  not  have  been  the 
separate  property  of  either  if  acquired  while  residing  in  the  Canal 
Zone,  is  community  property;  but  whenever  personal  property,  or 
any  interest  therein  or  encumbrance  thereon,  is  acquired  by  a  married 
woman  by  an  instrument  in  writing  the  presumption  is  that  the  same 
is  her  separate  property,  and  if  acquired  by  such  married  woman 
and  her  husband,  or  by  her  and  any  other  person,  the  presumption 
is  that  she  takes  the  part  acquired  by  her,  as  an  interest  in  common, 
unless  a  different  intention  is  expressed  in  the  instrument;  and  the 
presumptions  in  this  section  mentioned  are  conclusive  in  favor  of 
a  purchaser,  encumbrancer,  payor,  or  any  other  person  dealing  with 
such  married  woman,  in  good  faith  and  for  a  valuable  consideration. 

Ceoss-Re3'ebbncb 
See,  also,  section  280  of  this  title. 

141.  Inventory  of.  separate  property  of  wife. — A  full  and  com- 
plete inventory  of  the  separate  personal  property  of  the  wife  may 
be  made  out  and  signed  by  her,  acknowledged  or  proved  in  the 
manner  required  by  chapter  22  of  this  title,  and  recorded  in  the 
office  of  the  registrar  of  property. 

142.  Filing  inventory  notice  of  wife's  title.— The  filing  of  the 
inventory  in  the  office  of  the  registrar  of  property  is  notice  and  prima 
facie  evidence  of  the  title  of  the  wife. 

143.  Community  property;  contracts  by  wife. — The  property  of 
the  community  is  not  liable  for  the  contracts  of  the  wife,  made  after 


T.  3,  §  144]  THE  CIVIL  CODE 

marriage,    unless    secured   by    mortgage    thereof    executed   by   the 
husband. 

Ceoss-Re^'ebences 

Debts  of  wife,  see  sections  146,  147,  and  150  of  this  title. 
Community  property  is  liable  for  husband's  debts,  see  section  149  of  this 
title. 

Necessaries  furnished  wife,  see  section  150  of  this  title. 

144.  Earnings  of  wife  not  liable  for  debts  of  the  husband. — The 

earnings  of  the  wife  are  not  liable  for  the  debts  of  the  husband. 

145.  Earnings  of  wife,  when  living  separate,  separate  prop- 
erty.— The  earnings  and  accumulations  of  the  wife,  while  she  is 
living  separate  from  her  husband,  are  her  separate  projDerty. 

146.  Liability  for  debts  of  wife  contracted  before  marriage. — 

The  separate  property  of  the  husband  is  not  liable  for  the  debts  of 
the  wife  contracted  before  the  marriage. 

147.  Liability  of  separate  property  of  wife. — The  separate  prop- 
erty of  the  wife  is  liable  for  her  own  debts  contracted  before  or  after 
her  marriage,  but  is  not  liable  for  her  husband's  debts:  Provided, 
That  the  separate  property  of  the  wife  is  liable  for  the  payment  of 
debts  contracted  by  the  husband  or  wife  for  the  necessaries  of  life 
furnished  to  them  or  either  of  them  while  they  are  living  together: 
Provided,  That  the  provisions  of  the  foregoing  proviso  shall  not 
apply  to  the  separate  property  of  the  wife  held  by  her  at  the  time  of 
her  marriage  or  acquired  by  her  by  devise,  succession,  or  gift,  other 
than  by  gift  from  the  husband,  after  marriage. 

148.  Married  woman's  torts. — For  civil  injuries  committed  by  a 

married  woman,  damages  may  be  recovered  from  her  alone,  and  her 
husband  shall  not  be  liable  therefor,  except  in  cases  where  he  would 
be  jointly  liable  with  her  if  the  marriage  did  not  exist. 

149.  Management  of  community  personal  property. — The  hus- 
band has  the  management  and  control  of  the  community  personal 
property,  with  like  absolute  power  of  disposition,  other  than  testa- 
mentary, as  he  has  of  his  separate  estate:  Provided,  however,  That 
he  cannot  make  a  gift  of  such  community  personal  property,  or 
dispose  of  the  same  without  a  valuable  consideration,  or  sell,  convey, 
or  encumber  the  furniture,  furnishings,  or  fittings  of  the  home,  or 
the  clothing  or  wearing  apparel  of  the  wife  or  minor  children  that 
is  community,  without  the  written  consent  of  the  wife. 

Cross-Rei-ekences 

Community  property  generally,  see  section  140  of  this  title. 
Dissolution  of  t!ie  commimity  by  divorce,  see  section  125  of  this  title. 
Testamentary  control   over  community   property,   see  sections  648  and   649 
of  this  title. 

150.  Support  of  wife. — If  the  husband  neglects  to  make  adequate 

provision  for  the  support  of  his  wife,  except  in  the  cases  mentioned 
in  the  section  next  following,  any  other  person  may,  in  good  faith, 


82 


THE  CIVIL  CODE 


[T.  3,  §  161 


supply  her  with  articles  necessary  for  her  support,  and  recover  the 
reasonable  value  thereof  from  the  husband. 

Cross-Referenc?e 

Abandonment  or  omission  to  provide  for  wife,  as  misdemeanor,  see  title  5, 
section  441. 

151.  Husband  not  liable  when  abandoned  by  wife. — A  husband 
abandoned  by  his  wife  is  not  liable  for  her  support  until  she  offers 
to  return,  unless  she  was  justified,  by  his  misconduct,  in  abandoning 
him;  nor  ig  he  liable  for  her  support  when  she  is  living  separate 
from  him,  by  agreement,  unless  such  support  is  stipulated  in  the 
agreement. 

152.  When  wife  must  support  husband. — The  wife  must  support 
the  husband  when  he  has  not  deserted  her,  out  of  her  separate  prop- 
erty, when  he  has  no  separate  property,  and  there  is  no  community 
property,  and  he  is  unable,  from  infirmity,  to  support  himself. 

Cross-Rb:febence 
Mutual  obligations  of  support,  see  section  131  of  this  title. 

153.  Rights  of  husband  and  wife  governed  by  what. — The  prop- 
erty rights  of  husband  and  wife  are  governed  by  this  chapter, 
unless  there  is  a  marriage  settlement  containing  stipulations  contrary 
thereto. 

154.  Marriage  settlement  contracts,  how  executed. — All  con- 
tracts for  marriage  settlements  must  be  in  writing;  subscribed  bj^ 
the  party  to  be  charged  or  by  his  agent  thereunto  authorized  in 
writing;  and  acknowledged  or  proved  in  the  manner  prescribed  in 
chapter  22  of  this  title. 

155.  Minors  may  make  marriage  settlements. — A  minor  capable 
of  contracting  marriage  may  make  a  valid  marriage  settlement. 

CHAPTER  7.— CHILDREN  BY  BIRTH 


Sec. 

161.  Legitimacy  of  issue  of  wife  coliablting 

witli  husband. 

162.  Legitimacy   of   children   born   In   wed- 

lock. 

163.  Legitimacy  of  children  born  after  dis- 

solution of  marriage. 

164.  Who  may  di.'^pute  the  legitimacy  of  a 

child. 

165.  When  child  becomes  legitimate. 

166.  Obligation  of  parents  for  the  support 

and  education  of  their  children. 

167.  Custody  of  minors. 

168.  Husband     and    wife    living    separate, 

neither    to    have    superior    right   to 
custody  of  children. 

169.  When  husband  or  wife  may  bring  ac- 

tion   for    the    exclusive    control    of 
children ;  decree  in  such  cases. 

170.  Custody  of  illegitimate  child. 

171.  Allowance  to  parents. 

172.  Parent     cannot    control    property    of 

child. 


Sec. 
173. 

174. 
175. 


Remedy   for   parental   abuse. 
When   parental  authority   ceases. 
Remedy  when  parent  dies  without  pro- 
viding for  the  support  of  his  child. 

176.  Reciprocal  duties  of  parents  and  chil- 

dren in  maintaining  each  other. 

177.  When  parent   is  liable  for  necessaries 

supplied   to  child. 

178.  When  parent  is  not  liable  for  support 

furnished  his  child. 

179.  Husband    not    bound    for   the    support 

of   his  wife's  children   by   a   former 
marriage. 

180.  Compensation    and    support    of    adult 

child. 

181.  Parent    may    relinquish    services    and 

custody   of   child. 

182.  Wages  of  minors. 

183.  Right  of  parent  to  determine  the  resi- 

dence of  child. 


Section  161.  Legitimacy  of  issue  of  wife  cohabiting  with  hus- 
band.— The  issue  of  a  wife  cohabiting  with  her  husband,  who  is  not 
impotent,  is  indisputably  presumed  to  be  legitimate. 


T.  3,  §  162]  THE  CIVIL  CODE 

162.  Legitimacy  of  children  born  in  wedlock. — All  children  born 

in  wedlock  are  presumed  to  be  legitimate. 

Cross-Refebences 

Father  legitimating  child  by  acknowledging  it,  see  section  196  of  this  title. 
Illegitimates,  heirs  to  whom,  see  section  634  of  this  title, 
^legitimacy  of  children  of  nullified  marriage,  see  section  57  of  this  title. 
Legitimating  children  by  marriage  of  parents,  see  section  165  of  this  title. 
Mother  entitled  to  custody  of  illegitimate  unmarried  minor,  see  section  170 
of  this  title. 

Mother  succeeds  to  estate  of  illegitimate,  see  section  635  of  this  title. 
Rebutting  presumption  of  legitimacy,  see  section  164  of  this  title. 
Presumption  of  legitimacy,  see  title  4,  sections  2006  and  2007. 

163.  Legitimacy  of  children  born  after  dissolution  of  mar- 
riage.— All  children  of  a  woman  who  has  been  married,  born  within 

ten  months  after  the  dissolution  of  the  marriage,  are  presumed  to  be 
legitimate  children  of  that  marriage. 

164.  Who  may  dispute  the  legitimacy  of  a  child. — The  presump- 
tion of  legitimacy  can  be  disputed  only  by  the  husband  or  wife,  or 
the  descendant  of  one  or  both  of  them.  Illegitimacy,  in  such  case, 
may  be  proved  like  any  other  fact. 

165.  When  child  becomes  legitimate. — A  child  born  before  wed- 
lock becomes  legitimate  by  the  subsequent  marriage  of  its  parents. 

166.  Obligation  of  parents  for  the  support  and  education  of 
their  children. — The  parent  entitled  to  the  custody  of  a  child  must 
give  him  support  and  education  suitable  to  his  circumstances:  Pro- 
vid^d^  That  if  a  child  has  earnings  of  his  own  sufficient  therefor,  the 
cost  of  his  support  and  education  may  be  taken  therefrom.  If  the 
support  and  education  which  the  father  of  a  legitimate  child  is  able 
to  give  are  inadequate,  the  mother  must  assist  him  to  the  extent  of 
her  ability. 

Cboss-Reference 

Abnndonment  or  omission  to  provide  for  child,  as  misdemeanor,  see  title  5, 
section  441. 

167.  Custody  of  minors. — The  father  and  mother  of  a  legitimate 
unmarried  minor  child  are  equally  entitled  to  its  custody  and  serv- 
ices. If  either  the  father  or  mother  be  dead  or  unable  or  refuse  to 
take  the  custody  or  has  abandoned  his  or  her  family,  the  other  is 
entitled  to  its  custody  and  services. 

CrOSS-REFE3{ENCES 

Action  for  control  of  child,  see  section  169  of  this  title. 
Control  over  property  of  child,  see  section  172  of  this  title. 
Relinquishing  light  to  child's  earnings,  see  section  181  of  this  title. 

168.  Husband  and  wife  living  separate,  neither  to  have  superior 
right  to  custody  of  children. — The  husband  and  father,  as  such,  has 
no  rights  superior  to  those  of  the  wife  and  mother,  in  regard  to 
the  care,  custody,  education,  and  control  of  the  children  of  the 
marriage,  while  such  husband  and  wife  live  separate  and  apart  from 
each  other. 

64 


THE  CIVIL  CODE  [T.  3,  §  176 

169.  When  husband  or  wife  may  bring  action  for  the  exclusive 
control  of  children ;  decree  in  such  cases. — Without  application  for 
a  divorce,  the  husband  or  the  wife  may  brinj^  an  action  for  the 
exclusive  control  of  the  children  of  the  marriage;  and  the  district 
court  may,  during  the  pendency  of  such  action,  or  at  the  final  hear- 
ing thereof,  or  afterwards,  make  such  order  or  decree  in  regard  to 
the  support,  care,  custody,  education,  and  control  of  the  children  of 
the  marriage,  as  may  be  just,  and  in  accordance  with  the  natural 
rights  of  the  parents  and  the  best  interests  of  the  children,  and 
may  at  any  time  thereafter  amend,  vary,  or  modify  such  order  or 
decree,  as  tne  natural  rights  and  the  interests  of  the  parties,  including 
the  children,  may  require. 

170.  Custody  of  illegitimate  child. — The  mother  of  an  illegiti- 
mate unmarried  minor  is  entitled  to  its  custody  and  services. 

Ckoss-Refeeence 
Inheritance  from  illegitimate  child,  see  section  635  of  this  title. 

171.  Allowance  to  parent. — The  district  court  may  direct  an  al- 
lowance to  be  made  to  the  parent  of  a  child,  out  of  its  property, 
for  its  past  or  future  support  and  education,  on  such  conditions  as 
may  be  proper,  whenever  such  direction  is  f er  its  benefit. 

172.  Parent  cannot  control  property  of  child. — The  parent,  as 
such,  has  no  control  over  the  property  of  the  child. 

173.  Remedy  for  parental  abuse. — The  abuse  of  parental  author- 
ity is  the  subject  of  judicial  cognizance  in  a  civil  action  brought  by 
the  child,  or  by  its  relative  within  the  third  degree,  or  by  the  district 
attorney  of  the  Canal  Zone;  and  when  the  abuse  is  established, 
the  child  may  be  freed  from  the  dominion  of  the  parent,  and  the 
duty  of  support  and  education  enforced. 

CeOSS-REFEREN  CE8 

Parental  duty,  see  section  166  of  this  title. 

Abuse  or  abandonment  of  child,  as  misdemeanor,  see  title  5,  section  443. 

174.  When  parental  authority  ceases. — The  authority  of  a  parent 
ceases : 

1.  Upon  the  appointment,  by  a  court,  of  a  guardian  of  the  person 
of  a  child; 

2.  Upon  the  marriage  of  the  child ;  or 

3.  Upon  its  attaining  majority. 

175.  Remedy  when  parent  dies  without  providing  for  the  sup- 
port of  his  child. — If  a  parent  chargeable  with  the  support  of  a  child 
dies,  leaving  it  a  public  charge,  and  leaving  an  estate  sufficient 
for  its  support,  the  district  attorney  may  claim  provision  for  its 
support  from  the  parent's  estate  by  civil  action,  and  for  this  purpose 
may  have  the  same  remedies  as  any  creditors  against  that  estate, 
and  against  the  heirs  and  next  of  kin  of  the  parent. 

176.  Reciprocal  duties  of  parents  and  children  in  maintaining 
each  other. — It  is  the  duty  of  the  father,  the  mother,  and  the  chil- 
dren of  any  poor  person  who  is  unable  to  maintain  himself  by  work, 

65 


T.  3,  §  177]  THE  CIVIL  CODE 

to  maintain  such  person  to  the  extent  of  their  ability.  The  promise 
of  an  adult  child  to  pay  for  necessaries  previously  furnished  to  such 
parent  is  binding. 

Ceoss-References 

Mother  supporting  children,  see  section  166  of  this  title. 
Wife  supporting  husband,  see  section  152  of  this  title. 

177.  When  parent  is  liable  for  necessaries  supplied  to  child. — 

If  a  parent  neglects  to  provide  articles  necessary  for  his  child  who 
is  under  his  charge,  according  to  his  circumstances,  a  third  person 
may  in  good  faith  supply  such  necessaries,  and  recover  the  reasonable 
value  thereof  from  the  parent. 

CrOS  S-REFEKEay  CE 

Infant  liable  on  contract  for  necessaries,  see  section  28  of  this  title. 

178.  When  parent  is  not  liable  for  support  furnished  his  chUd. — 

A  parent  is  not  bound  to  compensate  the  other  parent,  or  a  relative, 
for  the  voluntary  support  of  his  child,  without  an  agreement  for 
compensation,  nor  to  compensate  a  stranger  for  the  support  of  a 
child  who  has  abandoned  the  parent  without  just  cause. 

179.  Husband  not  bound  for  the  support  of  his  wife's  children 
by  a  former  marriage. — A  husband  is  not  bound  to  maintain  his 
wife's  children  by  a  former  husband;  but  if  he  receives  them  into 
his  family  and  supports  them,  it  is  presumed  that  he  does  so  as  a 
parent,  and,  where  such  is  the  case,  they  are  not  liable  to  him  for 
their  support,  nor  he  to  them  for  their  services. 

180.  Compensation  and  support  of  adult  child. — Where  a  child, 
after  attaining  majority,  continues  to  serve  and  to  be  supported 
by  the  parent,  neither  party  is  entitled  to  compensation,  in  the 
absence  of  an  agreement  therefor. 

181.  Parent  may  relinquish  services  and  custody  of  child. — The 

parent,  whether  solvent  or  insolvent,  may  relinquish  to  the  child 
the  right  of  controlling  him.  Abandonment  by  the  parent  is  pre- 
sumptive evidence  of  such  relinquishment. 

182.  Wages  of  minors. — The  wages  of  a  minor  employed  in  serv- 
ice may  be  paid  to  him. 

183.  Right  of  parent  to  determine  the  residence  of  child. — A 

parent  entitled  to  the  custody  of  a  child  has  a  right  to  change  his 
residence,  subject  to  the  power  of  the  proper  court  to  restrain  a 
removal  which  would  prejudice  the  rights  or  welfare  of  the  child. 

Cross-IIeference 
Residence,  husband's  right  to  change,  see  section  132  of  this  title. 

CHAPTER  8.— CHILDREN  BY  ADOPTION 


Sec. 

191.  How  child  may  be  adopted. 

192.  Adoption    by   stepfather. 

193.  Order  of  the  court. 

194.  Effect  of  the  order. 


Sec. 

195.  Consent    to    adoption    of    Illegitimate 

cliild. 

196.  Adoption     of     illegitimate     child     by 

father. 


Section  191.  How  child  may  be  adopted. — A  resident  of  the  Canal 
Zone,  not  married,  or  a  husband  and  wife  jointly,  may  petition  the 


66 


THE  CIVIL  CODE  [T.  3,  §  196 

district  court  for  leave  to  adopt  a  minor  child ;  but  a  written  consent 
must  be  given  for  the  adoption  by  the  child,  if  of  the  age  of  four- 
teen years,  and  by  each  of  his  or  her  living  parents  who  i^  not  hope- 
lessly insane  or  intemperate,  or  has  not  abandoned  such  child,  or 
if  there  are  no  such  parents,  or  if  the  parents  are  unknown,  or 
have  abandoned  such  child,  or  if  they  are  hopelessly  insane  or  in- 
temperate, then  by  the  legal  guardian,  or  if  there  is  no  such  guar- 
dian, then  by  a  discreet  and  suitable  person  appointed  by  the  court 
to  act  in  the  proceedings  as  the  next  friend  of  such  child ;  but  when 
such  child  is  an  inmate  of  a  charitable  or  eleemosynary  institution 
within  the  Canal  Zone,  and  has  been  previously  abandoned  by  its 
parents  or  guardians  thereto,  then  the  written  consent  of  the  head 
of  such  institution  must  be  given :  Provided,  nevertheless,  That  noth- 
ing herein  contained  shall  authorize  a  guardian  to  adopt  his  ward 
before  the  termination  of  the  guardianship  and  the  final  settlement 
and  approval  of  his  accounts  as  guardian  by  the  court. 

192.  Adoption  by  stepfather. — A  resident  of  the  Canal  Zone, 

being  the  husband  of  any  woman  who  has  a  minor  child  by  a  de- 
ceased husband,  may  petition  the  district  court  for  leave  to  adopt 
such  minor  child  and  for  a  change  in  the  name  of  such  child;  but 
the  written  consent  must  be  given  to  the  adoption  by  the  child,  if 
of  the  age  of  fourteen  years,  and  by  the  mother  of  such  child,  if 
she  is  not  hopelessly  insame  or  intemperate,  or  if  such  mother  is 
hopelessly  insane  or  intemperate,  then  by  the  legal  guardian  of  such 
child,  or  if  there  is  no  such  guardian,  then  by  a  discreet  and  suitable 
person  appointed  by  the  court  to  act  in  the  proceedings  as  the  next 
friend  of  such  child, 

193.  Order  of  the  court. — When  the  foregoing  provisions  are 

complied  with,  if  the  court  is  satisfied  with  the  ability  of  the  peti- 
tioner to  bring  up  and  educate  the  child  properly,  having  refer- 
ence to  the  degree  and  condition  of  the  child's  parents  and  the  fitness 
and  propriety  of  such  adoption,  it  shall  make  an  order  setting  forth 
the  facts  and  declaring  that  from  that  date  said  child,  to  all  legal 
intents  and  purposes,  is  the  child  of  the  petitioner  and  that  its  name 
is  thereby  changed.  The  order  shall  be  recorded  in  the  records  of 
the  court. 

194.  Effect  of  the  order. — The  natural  parents,  except  when  such 
child  is  adopted  under  the  provisions  of  section  192  of  this  title,  shall, 
by  such  order,  be  divested  of  all  legal  rights  and  obligations  in 
respect  to  the  child,  and  the  child  shall  be  free  from  all  legal  obliga- 
tions of  obedience  and  maintenance  with  respect  to  them.  Such  child 
shall  be  to  all  intents  and  purposes  the  child  and  legal  heir  of  the 
person  adopting  him  or  her,  entitled  to  all  the  rights  and  privileges, 
and  subject  to  all  the  obligations  of  a  child  of  such  person  begotten 
in  lawful  wedlock. 

195.  Consent  to  adoption  of  illegitimate  child. — If  the  child  to 
be  adopted  is  illegitimate,  the  consent  of  the  father  to  adoption  shall 
not  be  required. 

196.  Adoption  of  illegitimate  child  by  father. — The  father  of  an 
illegitimate  child,  by  publicly  acknowledging  it  as  his  own,  receiving 

67 


T.  3,  §  201]  TBE  CIVIL  CODE 

it  as  such,  with  the  consent  of  his  wife,  if  he  is  married,  into  his 
family,  and  otherwise  treating  it  as  if  it  were  a  legitimate  child, 
thereby  adopts  it  as  such;  and  such  child  is  thereupon  deemed  for 
all  purposes  legitimate  from  the  time  of  its  birth.  The  foregoing 
provisions  of  this  chapter  do  not  apply  to  such  an  adoption. 

CROSS-REFE3lEa^CE 

Affecting  inheritance,  see  section  634  of  this  title. 

CHAPTER  9.— GUARDIAN  AND  WARD 


Sec. 

201.  Guardian,  what. 

202.  Ward,  what. 

203.  Kinds  of  guardians. 

204.  General  guardian,  what. 

205.  Special  guardian,  what. 

206.  Guardian ;    appointment   by    will,   and 

so   forth. 

207.  Appointment     by     will     or     deed     of 

guardian. 

208.  Rules  for  awarding  custody  of  minor. 


Sec. 

209.  Relation  confidential. 

210.  Guardian  under  direction  of  court. 

211.  Death  of  a  Joint  guardian. 

212.  Removal  of  guardian. 

213.  Guardian    appointed    by    parent,    how 

superseded. 

214.  Suspension  of  power  of  guardian. 

215.  Release  by  ward. 

216.  Guardian's   discharge. 


CeOS  S -REFEatEN  CB 

Judicial  appointment  of  guardians,  see  Title  4,  The  Code  of  Civil  Procedure. 

Section  201,  Guardian,  what. — A  guardian  is  a  person  appointed 
to  take  care  of  the  person  or  property  of  another. 

202.  Ward,  what. — The  person  over  whom  or  over  whose  property 
a  guardian  is  appointed,  is  called  his  ward. 

203.  Kinds  of  guardians. — Guardians  are  either: 

1.  General;  or 

2.  Special. 

Ceoss-Refeiiences 

Testamentary  guardians,  see  section  207  of  this  title. 
Guardians  ad  litem,  see  title  4,  sections  127  and  128. 

204.  General  guardian,  what. — A  general  guardian  is  a  guardian 

of  the  person  or  of  all  the  property  of  the  ward  within  the  Canal 
Zone,  or  of  both. 

205.  Special  guardian,  what. — Every  other  is  a  special  guardian. 

206.  Guardian;  appointment  by  will,  and  so  forth. — A  guardian 

of  the  person  or  estate,  or  of  both,  of  a  child  born,  or  likely  to  be 
born,  may  be  appointed  by  will  or  by  deed,  to  take  effect  upon  the 
death  of  the  parent  appointing : 

1.  If  the  child  be  legitimate,  oy  the  father,  with  the  written  consent 
of  the  mother ;  or  by  either  parent,  if  the  other  be  dead  or  incapable 
of  consent. 

2.  If  the  child  be  illegitimate,  by  the  mother. 

Cros  8-Refebencb 
Bond  of  testamentary  guardian,  see  title  4,  section  1731. 

207.  Appointment  by  will  or  deed  of  guardian. — A  guardian  of 
the  person  or  estate,  or  of  both,  of  an  insane  or  incompetent  person 
may  be  appointed  by  will  or  deed,  to  take  effect  upon  the  death  of 
the  person  appointing: 

68 


THE  CIVIL  CODE  [T.  3,  §  212 

1.  If  the  insane  or  incompetent  person  be  unmarried,  or  be  a  per- 
son whose  marriage  has  been  annulled  or  dissolved  by  death  or 
divorce,  by  the  father,  with  the  written  consent  of  the  mother,  or  by 
either  parent  if  the  other  be  dead  or  incapable  of  consent. 

2.  If  the  insane  or  incompetent  person  be  married  and  a  person 
whose  marriage  has  not  been  annulled  or  dissolved  by  divorce,  then 
by  the  spouse. 

208.  Rules  for  awarding  custody  of  minor. — In  awarding  the 

custody  of  a  minor,  or  in  appointing  a  general  guardian,  the  court 
or  officer  is  to  be  guided  by  the  following  considerations : 

1.  By  what  appears  to  be  for  the  best  interest  of  the  child  in 
respect  to  its  temporal  and  its  mental  and  moral  welfare ;  and  if  the 
child  is  of  a  sufficient  age  to  form  an  intelligent  preference,  the  court 
may  consider  that  preference  in  determining  the  question; 

2.  As  between  parents  adversely  claiming  the  custody  or  guardian- 
ship, neither  parent  is  entitled  to  it  as  of  right;  but  other  things  being 
equal,  if  the  child  is  of  tender  years,  it  should  be  given  to  the  mother; 
if  it  is  of  an  age  to  require  education  and  preparation  for  labor  and 
business,  then  to  the  father ; 

3.  Of  two  persons  equally  entitled  to  the  custody  in  other  respects, 
preference  is  to  be  given  as  follows : 

(1)  To  a  parent; 

(2)  To  one  who  was  indicated  by  the  wishes  of  a  deceased  parent; 

(3)  To  one  who  already  stands  in  the  position  of  a  trustee  of  a 
fund  to  be  applied  to  the  child's  support ; 

(4)  To  a  relative. 

4.  Any  parent  who  knowingly  or  willfully  abandons,  or  having 
the  ability  so  to  do,  fails  to  maintain  his  minor  child  under  the  age 
of  fourteen  years,  forfeits  the  guardianship  of  such  child. 

Cross-Refekencb 
Respective  rights  of  parents,  see  section  167  of  this  title. 

209.  Relation  confidential. — The  relation  of  guardian  and  ward 
is  confidential,  and  is  subject  to  the  provisions  of  chapters  49  and 
50  of  this  title  on  trusts. 

210.  Guardian  under  direction  of  court. — In  the  management 

and  disposition  of  the  person  or  property  committed  to  him,  a  guard- 
ian may  be  regulated  and  controlled  by  the  court. 

211.  Death  of  a  joint  guardian. — On  the  death  of  one  of  two  or 

more  joint  guardians,  the  power  continues  to  the  survivor  until  a 
further  appointment  is  made  by  the  court. 

Ceoss-Rbterench 
Survival  of  trust,  see  section  1602  of  this  title. 

212.  Removal  of  guardian. — A  guardian  may  be  removed  by  the 

district  court  for  any  of  the  following  causes : 

1.  For  abuse  of  his  trust ; 

2.  For  continued  failure  to  perform  his  duties ; 

3.  For  incapacity  to  perform  his  duties ; 

4.  For  gross  immorality ; 


T.  3,  §  213]  THE  CIVIL  CODE 

5.  For  having  an  interest  adverse  to  the  faithful  performance  of 
his  duties ; 

6.  For  removal  from  the  Canal  Zone ; 

7.  In  the  case  of  a  guardian  of  the  property,  for  insolvency ;  or 

8.  When  it  is  no  longer  proper  that  the  ward  should  be  under 

guardianship. 

Cboss-Rbference 

Removal  of  guardian,  see  title  4,  sections  1693  and  1812. 

213.  Guardian    appointed    by    parent,    how    superseded. — The 

power  of  a  guardian  appointed  by  a  parent  is  superseded : 

1.  By  his  removal,  as  provided  by  the  next  preceding  section ; 

2.  By  the  solemnized  marriage  of  the  ward ;  or 

3.  By  the  ward's  attaining  majority. 

CbOS  S-REIFEaSEN  CB 

Marriage  of  ward  terminates  guardianship,  see  title  4,  section  1813. 

214.  Suspension  of  power  of  guardian. — The  power  of  a  guard- 
ian appointed  by  a  court,  is  suspended  only : 

1.  By  order  of  the  court; 

2.  li  the  appointment  was  made  solely  because  of  the  ward's 
minority,  by  his  attaining  majority ;  or 

3.  The  guardianship  over  the  person  of  the  ward,  by  the  marriage 

of  the  ward. 

Ceoss-Referen  oe 

Marriage  of  ward  terminates  guardianship,  see  title  4,  section  1813. 

215.  Release  by  ward. — After  a  ward  has  come  to  his  majority, 
he  may  settle  accounts  with  his  guardian,  and  give  him  a  release, 
which  is  valid  if  obtained  fairly  and  without  undue  influence. 

216.  Guardian's  discharge. — A  guardian  appointed  by  a  court  is 
not  entitled  to  his  discharge  until  one  year  after  the  ward's  majority. 

Cboss-Refeeenc?es 

Discharge  of  guardian,  see  title  4.  section  1813. 
Resignation  of  guardian,  see  title  4,  section  1812. 

CHAPTER  10.— FOREIGN  CORPORATIONS  GENERALLY 

Sec.  Sec. 

221.  Application  for  license  to  do  business ;       226.  Transacting  business  without   license, 

accompanying    papers  ;    process  how  punislied  ;  contracts  void, 

agent ;   filing  fee.  227.  Same ;    loss    of    benefit    of    limitation 

222.  Insurance  companies  to  file  additional  laws. 

documents  and  deposits.  228.  License  under  chapter  11  suflicient. 

223.  Insurance  companies  to  file  statement      229.  "  Corporation "    includes    joint    stock 

and  pay  license  tax.  companies. 

224.  Issuance  of  license.  230.  Revocation  of  license. 

225.  Annual  license  fee. 

Cross-Referbnoes 

In  respect  to  corporations  engaged  in  the  sale  of  securities,  see  sections  241 
to  249  of  this  title. 

Fraudulent  insolvencies  by  corporations  and  other  frauds  in  their  manage- 
ment, see  title  5,  sections  751  to  764. 

Section  221.  Application  for  license  to  do  business;  accompany- 
ing papers;  process  agent;  filing  fee. — No  corporation  organized 

70 


THE  CIVIL  CODE  [T.  3,  §  222 

under  the  laws  of  any  State  or  Territory  of  the  United  States  or 
ot  any  foreign  country  shall  do  business  in  the  Canal  Zone  or  main- 
tain an  office  therein  until  it  shall  have  filed  with  the  executive 
secretary  of  the  Panama  Canal: 

(a)  An  application  for  a  license  setting  forth  the  name  of  the 
corporation,  the  names  of  its  officers  and  directors,  and  a  statement 
showing  the  general  nature  of  the  business  in  which  it  desires  to 
engage  in  the  Canal  Zone  ; 

(b)  A  certified  copy  of  its  articles  of  incorporation,  or  of  its 
charter,  or  of  the  statute  or  statutes  or  legislative  or  executive  or 
governmental  acts  creating  it,  in  cases  where  it  has  been  created  bv 
charter  or  statute  or  legislative  or  executive  or  governmental  act, 
duly  certified  by  the  Secretary  of  State  or  other  officer  authorized  bv 
law  to  certify  such  copy ; 

(c)  An  affidavit  sworn  to  by  any  authorized  officer  of  such  corpo- 
ration which  shall  state  the  amount  of  its  authorized  capital  stock  at 
or  within  sixty  days  prior  to  such  filing; 

(d)  Every  corporation  must,  at  the  time  of  filing  its  application. 
Hie  m  the  office  of  the  executive  secretary  a  designation  of  some 
person  residing  within  the  Canal  Zone  and  the  place  of  business  or 
residence  of  such  person  upon  whom  process  issued  by  authority 
ot  or  under  any  law  of  the  Canal  Zone  may  be  served  With 
such  designation  shall  be  submitted  a  certified  copy  of  the  minutes 
of  the  board  of  directors  of  such  corporation  authorizing  such  desig- 
nation. Process  niay  be  served  on  the  person  so  designated,  or,  in 
the  event  that  such  person  cannot  be  found  at  the  place  designated 
or  m  the  event  that  no  such  person  is  designated,  then  on  the  execu- 
tive secretary  of  the  Panama  Canal,  or  his  successor  in  office  and 
such  service  shall  be  a  valid  service  on  such  corporation  When  the 
executive  secretary  shall  have  been  served  with  process'as  provided 
herein  he  shall  without  delay  communicate  the  same  to  the  coroora- 
tion  concerned  at  its  last  known  address  and  no  default  iud^mient 
shall  be  entered  against  such  corporation  in  any  action  in  which 
process  IS  served  on  the  executive  secretary  until  at  least  60  days 
alter  the  date  of  such  service;  -^ 

(e)  Corporations  licensed  under  the  provisions  of  this  chapter 
shall  also  be  required  to  file  with  the  executive  secretary  any  amend- 
ment of  or  change  in  any  of  the  provisions  of  its  original  articles  of 
incorporation ;  &  <-  ca  wj. 

(f)  With  the  application  for  license  there  shall  also  be  submitted 
the  sum  ot  $10,  which  amount  shall  cover  the  filing  fee  and  the 
^'^^}'^^^l^''^^^^  fee  for  the  remainder  of  the  calendar  year  durinor 
which  the  license  is  issued.  "^        v^unii^, 

Cros  s-Refeeence 

see  allolitfe  "SI  iZ  '"'"^""  ^"'^^^^"^^  ^^^"^  ^--^-  -  ^-^^  Zone. 

222.  Insurance  companies  to  file  additional  documents  and  de- 
posit.—In  adaition  to  the  requirements  hereinbefore  prescribed  in- 
surance  companies  organized  under  the  laws  of  any  State  or  Terri- 

LXth^' foVlowl^^^^^^^^^  ^^^^^^  ^-"^^  «^^^^  b^  -^-ed 

71 


T.  3,  §  223]  THE  CIVIL  CODE 

(a)  A  certificate  of  the  Commissioner  of  Insurance  or  other  duly 
authorized  official,  showing  that  the  company  is  authorized  to  trans- 
act business  in  the  State  or  country  under  whose  laws  the  company 
is  organized ; 

(b)  A  duly  certified  copy  of  the  last  annual  statement  of  the  insur- 
ance company  to  the  Commissioner  of  Insurance  or  other  duly 
authorized  official  in  the  State  or  country  where  the  company  is 
organized ; 

(c)  A  deposit  with  the  executive  secretary  or  his  successor  in 
office  of  $10,000  in  cash  or  current  marketable  securities,  which  shall 
be  held  in  trust  by  the  executive  secretary  for  the  account  of  the 
company,  to  satisfy  any  judgment  that  may  be  rendered  against  the 
company  under  any  insurance  policies  that  it  may  issue. 

223.  Insurance  companies  to  file  statement  and  pay  license 
tax. — Insurance  companies  licensed  under  this  chapter  shall  file  with 
the  executive  secretary  between  January  1  and  March  1  of  each  year 
a  verified  statement  showing  the  business  transacted  within  the  Canal 
Zone  by  the  company  during  the  previous  calendar  year  and  a  duly 
certified  copy  of  its  annual  report  to  the  insurance  commissioner  of 
the  State,  Territory,  or  country  in  which  the  company  is  organized. 
Such  insurance  companies  shall  pay  before  March  1  of  each  year, 
in  lieu  of  all  other  taxes  save  the  annual  fee  provided  for  in  section 
225  of  this  title,  a  license  tax  equal  to  II/2  per  centum  of  its  net 
premium  receipts  in  the  Canal  Zone  for  the  calendar  year  preceding. 

224.  Issuance  of  license. — Upon  compliance  with  the  foregoing 
conditions,  the  Governor  of  the  Panama  Canal,  if  he  is  satisfied  that 
the  business  desired  to  be  transacted  is  proper,  legitimate,  permis- 
sible under  the  laws  of  the  Canal  Zone,  and  not  in  conflict  with  the 
policy  of  administering  the  Canal  Zone  as  an  adjunct  of  the  Panama 
Canal,  may  issue  a  license  to  do  business  in  the  Canal  Zone. 

225.  Annual  license  fee. — The  right  to  continue  to  do  business 
after  the  period  for  which  the  license  is  issued  shall  be  contingent 
upon  the  payment  of  a  license  fee  of  $10,  payable  in  advance,  on 
January  1  of  each  year. 

226.  Transacting  business  without  license,  how  punished;  con- 
tracts void. — Any  corporation  which  does  business  in  the  Canal 
Zone  without  having  complied  with  tlie  provisions  of  this  chapter 
shall  be  subject  to  a  fine  of  not  more  than  $500,  and  any  agent  or 
person  acting  for  such  corporation,  unless  it  shall  have  complied 
with  the  provisions  of  this  chapter,  shall,  upon  conviction,  be  pun- 
ished as  for  a  misdemeanor.  In  addition  to  this  penalty,  every  con- 
tract made  by  or  on  behalf  of  any  such  foreign  corporation  affecting 
the  liability  thereof  or  relating  to  property  within  the  Canal  Zone 
shall  be  held  void  on  its  behalf  and  on  behalf  of  its  assigns,  but  shall 
be  enforceable  against  it  or  them. 

227.  Same;  loss  of  benefit  of  limitation  laws. — Corporations  do- 
ing business  in  the  Canal  Zone  which  fail  to  comply  with  the  provi- 
sions of  this  chapter  shall  not  be  entitled  to  the  benefit  of  the  laws 
of  the  Canal  Zone  limiting  the  time  for  the  commencement  of  civil 
actions. 

72 


THE  CIVIL  CODE  [T.  3,  §  241 

228.  License  under  chapter  11  sufficient. — No  corporation  licensed 
under  the  provisions  of  chapter  11  of  this  title  shall  be  required  to 
comply  with  the  provisions  of  this  chapter. 

229.  "  Corporation  "  includes  joint  stock  companies.— The  term 

"  corporation "   as  used   in  this   chapter  shall   include   joint  stock 
companies. 

230.  Revocation  of  license. — The  Governor  of  the  Panama  Canal 
is  authorized  to  revoke  any  license  issued  hereunder  if,  upon  exami- 
nation, he  shall  be  satisfied  that  the  operations  of  the  corporation  are 
conducted  in  an  illegal  manner,  or  in  a  manner  contrary  to  public 
policy  or  to  the  policy  of  administering  the  Canal  Zone  as  an  adjunct 
of  the  Panama  Canal. 

CHAPTER  11.— SECURITIES  SALES  LAW 


Sec. 

241.  Permit  to  sell  securities. 

242.  Designation  of  procc^ss  agent. 

243.  Examination   of   application  ;   issuance 

and  revocation  of  permit. 

244.  Certificate  of  agent  or  broker.  248.  Penalty  for  violation. 

I  249.  Definitions, 


Sec. 

245.  Examination   of  application  ;    issuance 
and  revocation  of  permit. 

246.  Report  on  sale  of  securities. 

247.  Fees. 


Cross-References 

For  provisions  of  the  Securities  Act  of  1933,  wlierein  tlie  term  "  territory  " 
is  defined  to  include  the  Canal  Zone,  see  U.S.  Code,  title  15,  sections  77a  to 
77mm  (appendix,  p.  893). 

Foreign  conx)rations  generally,  see  sections  221  to  230  of  this  title. 

Fraudulent  insolvencies  by  corporations  and  other  frauds  in  their  manage- 
ment, see  title  5,  sections  751  to  764. 

Section  241.  Permit  to  sell  securities. — No  company  shall  sell,  or 
offer  for  sale,  negotiate  for  the  sale  of,  or  take  subscriptions  for  any 
security  of  its  own  issue  until  it  shall  have  first  applied  for  and 
secured  from  the  Governor  of  the  Panama  Canal  a  permit  author- 
izing it  to  do  so.  Such  application  shall  be  in  writing  and  shall  be 
verified.  In  such  application  the  applicant  shall  set  forth  the  names 
and  addresses  of  its  officers,  the  location  of  its  principal  office,  the 
name  of  its  Canal  Zone  representative,  an  itemized  account  of  its 
financial  condition,  the  amount  and  character  of  its  assets  and  lia- 
bilities, a  detailed  statement  of  the  plan  upon  which  it  proposes  to 
transact  business,  a  copy  of  any  prospectus  or  advertisement,  or 
other  description  of  such  securities,  then  prepared  by  or  for  it  for 
distribution  or  publication,  and  such  additional  information  con- 
cerning the  company,  its  condition  and  affairs,  as  the  Governor  may 
require.  If  the  applicant  is  a  partnership  or  an  unincorporated 
association  or  joint  stock  company,  it  shall  file  with  its  application  a 
copy  of  its  articles  of  partnership  or  association,  and  all  other  papers 
pertaining  to  its  organization.  If  the  applicant  is  a  corporation, 
it  shall  file  with  its  application  a  co-^y  of  all  minutes  of  ?inj  pro- 
ceedings of  its  directors  or  stockholders  or  members  relating  to  or 
affecting  the  issue  of  such  securities,  a  copy  of  its  articles  of  incor- 
poration and  of  its  bylaws  and  of  any  amendments  thereto,  and 
also  a  certificate,  executed  by  the  proper  officer  of  the  State,  Ter- 
ritory, or  country  in  which  such  corporation  is  organized,  dated  not 
more  than  sixty  days  before  the  filing  of  the  application,  showing 

93083—34 6  73 


T.  3,  §  242]  THE  CIVIL  CODE 

that  the  applicant  is  authorized  to  transact  business  in  such  State, 
Territory,  or  country. 

242.  Designation  of  process  agent. — Every  company,  at  the  time 
of  filing  its  application,  shall  file  in  the  office  of  the  executive 
secretary  a  designation  of  some  person  residing  within  the  Canal 
Zone  and  stating  the  place  of  business  or  residence  of  such  person 
upon  whom  process  issued  by  authority  of  or  under  any  law  of  the 
Canal  Zone  may  be  served.  AVith  such  designation  shall  be  submitted 
a  certified  copy  of  the  minutes  of  the  board  of  directors  of  such 
company  authorizing  such  designation.  Process  may  be  served  on 
the  person  so  designated,  or,  in  the  event  that  such  person  cannot 
be  found  at  the  place  designated  or  in  the  event  that  no  person  is 
designated,  then  on  the  executive  secretary  of  the  Panama  Canal,  or 
his  successor  in  office,  and  such  service  shall  be  a  valid  service  on 
such  corporation.  When  the  executive  secretary  shall  have  been 
served  with  process  as  provided  herein  he  shall  without  delay  com- 
municate the  same  to  the  company  concerned  at  its  last  known 
address  and  no  default  judgment  shall  be  entered  against  such 
corporation  in  any  action  in  which  process  is  served  on  the  executive 
secretary  until  at  least  sixty  days  after  the  date  of  such  service. 

243.  Examination  of  application;  issuance  and  revocation  of 
permit. — Upon  the  filing  of  such  application,  it  shall  be  the  duty  of 
the  Governor  to  examine  it,  and  the  other  papers  and  documents 
filed  therewith,  or  cause  the  same  to  be  examined,  and  he  may,  if 
he  deems  it  advisable,  make  or  have  made  a  detailed  examination, 
audit,  and  investigation  of  the  applicant  and  its  affairs.  If  he  finds 
that  the  proposed  plan  of  business  of  the  applicant  is  not  unfair, 
unjust,  inequitable,  or  contrary  to  the  policy  of  administering  the 
Canal  Zone  as  an  adjunct  of  the  Panama  Canal,  that  it  intends  to 
transact  its  business  fairly  and  honestly,  and  that  the  securities  that 
it  proposes  to  issue  and  the  methods  to  be  used  by  it  in  issuing  or 
disposing  of  them  are  not  such  as,  in  his  opinion,  will  work  a  fraud 
upon  the  purchaser  thereof,  the  Governor  may  issue  to  the  applicant 
a  permit  authorizing  it  to  issue  and  dispose  of  securities,  as  therein 
provided,  in  the  Canal  Zone.  Each  such  permit  shall  expire  on  the 
thirty-first  day  of  December  next  following  its  issuance,  unless 
sooner  revoked.  Otherwise,  he  shall  deny  the  application  and  refuse 
such  permit  and  notify  the  applicant  in  writing  of  his  decision. 
Every  permit  shall  recite  that  the  issuance  thereof  is  permissive 
only  and  does  not  constitute  a  recommendation  or  indorsement  of  the 
securities  permitted  to  be  sold.  The  Governor  may  impose  such 
conditions  as  he  may  deem  necessary  to  the  issue  of  such  securities, 
and  shall  have  the  power  to  establish  such  rules  and  regulations  as 
may  be  reasonable  or  necessary  to  insure  the  disposition  of  the 
proceeds  of  such  securities  in  the  manner  and  for  the  purposes  pro- 
vided in  such  permit,  and  may,  from  time  to  time  for  cause,  amend, 
alter,  or  revoke  any  permit  issued  by  him,  or  temporarily  suspend 
the  rights  of  the  applicant  under  such  permit. 

244.  Certificate  of  agent  or  broker. — No  person  or  company  shall 
act  as  an  agent  or  broker,  other  than  for  a  company  holding  a 
permit  under  the  next  preceding  section,  until  such  person  or  com- 


THE  CIVIL  CODE  [T.  3,  §  247 

pany  shall  have  first  applied  for  and  secured  from  the  Governor 
a  certificate,  then  in  effect,  authorizing  such  person  or  company  so 
to  do.  Each  such  certificate  shall  expire  on  the  thirty-first  day  of 
December  next  after  its  issuance,  unless  sooner  revoked.  To  secure 
such  certificate,  the  applicant  shall  make  and  file  in  the  office  of  the 
Governor  an  application  therefor  in  writing,  verified  by  or  in  behalf 
of  the  applicant.  In  such  application  the  applicant  shall  set  forth, 
in  addition  to  such  other  information  as  may  be  required  by  the 
Governor : 

1.  The  name  and  address  of  the  applicant,  and,  if  it  be  a  corpora- 
tion, association,  or  joint-stock  company,  the  name  and  address  of 
each  of  its  managing  officers  and  agents,  and,  if  it  be  a  partnership, 
the  name  and  address  of  each  of  the  partners ; 

2.  A  succinct  statement  of  facts  showing  that  the  applicant,  and  its 
managing  officers  and  agents,  if  it  be  a  corporation,  or  members,  if 
it  be  a  partnership,  have  a  good  business  reputation ; 

3.  If  the  applicant  is  a  broker,  the  general  plan  and  character  of 
the  business  of  the  applicant. 

If  the  applicant  is  a  corporation  or  association  it  shall  file  with  its 
application  a  designation  of  a  process  agent,  as  provided  in  section 
242  of  this  title. 

245.  Examination  of  application;  issuance  and  revocation  of 
permit. — The  Governor  shall  examine  such  application,  or  cause  the 
same  to  be  examined,  and  shall  make  such  further  investigation 
of  the  applicant  and  its  affairs  as  he  shall  deem  advisable.  If,  from 
such  examination,  the  Governor  shall  be  satisfied  that  the  business 
reputation  of  the  applicant  and  of  its  officers  or  members,  if  any, 
is  good,  and  that  the  conduct  of  such  business  will  not  conflict  with 
the  policy  of  administering  the  Canal  Zone  as  an  adjunct  of  the 
Panama  Canal,  he  may  issue  such  certificate.  Otherwise  he  shall 
refuse  the  same  and  deny  the  application  and  notify  the  applicant  of 
his  decision.  The  Governor  may  at  any  time  revoke  any  broker's 
or  agent's  certificate  issued  by  him  if  he  shall  find  that  the  holder 
thereof  is  of  bad  business  repute,  or  had  violated  any  provision  of 
this  chapter,  or  has  engaged  in,  or  is  about  to  engage  in,  aily  fraudu- 
lent transaction,  or  if  he  shall  find  that  the  conduct  of  such  business 
conflicts  with  good  policy  in  the  administration  of  the  Canal  Zone. 

246.  Report  on  sale  of  securities. — Every  company  or  broker 
authorized  under  this  chapter  to  sell  securities  shall  thereafter,  at 
such  times  as  they  may  be  required  by  the  executive  secretary,  make 
and  file  in  the  office  of  the  executive  secretary  a  report  setting  forth, 
in  such  form  as  the  executive  secretary  may  prescribe,  the  securities 
sold  by  it  under  the  authority  of  any  permit  issued  by  him,  the  pro- 
ceeds derived  therefrom,  the  disposition  of  such  proceeds,  and  such 
other  information  concerning  its  property,  officers,  or  affairs,  relating 
to  or  affecting  the  value  of  such  securities,  as  the  executive  secretary 
may  require. 

247.  Fees. — Each  company  or  broker  shall,  with  its  application 

for  a  permit  or  certificate,  remit  the  sum  of  $10,  which  amount  shall 
cover  the  filing  fee  and  the  annual  license  fee  for  the  remainder 
of  the  calendar  year  during  which  the  permit  or  certificate  is  issued, 

75 


T.  3,  §  248]  THE  CIVIL  CODE 

but  no  part  of  such  fee  shall  be  returned  if  the  application  is  dis- 
approved. The  annual  fee  for  renewal  of  a  permit  or  certificate 
issued  hereunder  shall  be  $10,  payable  in  advance  on  or  before 
January  first  of  each  year. 

248.  Penalty  for  violation. — Any  company,  agent,  or  broker, 
which  shall  directly  or  indirectly  issue  or  cause  to  be  issued,  or 
solicit  the  sale  of  any  securitv  contrary  to  the  provisions  of  this 
chapter,  shall  be  subject  to  a  fine  of  not  more  than  $500.  In  addi- 
tion to  this  penalty,  every  contract  made  by  or  on  behalf  of  any 
such  company,  agent,  or  broker  affecting  the  liability  thereof  shall 
be  void  on  its  behalf  and  on  behalf  of  its  assigns,  but  shall  be 
enforceable  against  it  or  them. 

249.  Definitions. — The  following  words  have  in  this  chapter  the 
signification  attached  to  them  in  this  section,  unless  otherwise  appar- 
ent from  the  context : 

1.  The  word  "  company "  includes  all  corporations,  associations, 
joint-stock  companies,  and  partnerships; 

2.  The  word  "  security  "  includes  all  stocks,  bonds,  or  other  evi- 
dences of  property  or  interest  in  any  company ; 

3.  The  word  "  agent "  means  and  includes  every  person  or  com- 
pany employed  or  appointed  by  a  company  or  broker  who  shall, 
within  the  Canal  Zone,  either  as  an  employee  or  otherwise,  for  a 
compensation,  sell,  offer  for  sale,  negotiate  for  the  sale  of,  or  take 
a  subscription  for  the  sale  of  any  security ; 

4.  The  word  "  broker  "  includes  every  person  or  company,  other 
than  an  agent,  who  shall  for  a  commission  in  the  Canal  Zone 
engage  either  wholly  or  in  part  in  the  business  of  selling,  offering 
for  sale,  negotiating  for  the  sale  of,  or  otherwise  dealing  in  any 
security  or  securities  issued  by  others,  or  of  underwriting  any  issue 
of  securities,  or  of  purchasing  such  securities  for  the  purpose  of 
reselling  them  or  of  offering  them  for  sale  to  the  public. 

CHAPTER  12.— NATURE  OF  PROPERTY 


Sec. 

251.  Property,  what. 

252.  In  what  property  may  exist. 

253.  Wild  animals. 

254.  Real  and  personal. 


Sec. 

255.  Real  property. 

256.  Land. 

257.  Fixtures. 

258.  Personal  property. 


Section  251.  Property,  what. — The  ownership  of  a  thing  is  the 

right  of  one  or  more  persons  to  possess  and  use  it  to  the  exclusion  of 
others.  In  this  title,  the  thing  of  which  there  may  be  ownership  is 
called  property. 

Cboss-References 

Personal  property,  see  sections  258  and  361  et  seq.,  of  this  title. 
Real  property,  see  section  255  of  this  title. 

252.  In  what  property  may  exist. — There  may  be  ownership  of  all 
inanimate  things  which  are  capable  of  appropriation  or  of  manual 
delivery;  of  all  domestic  animals;  of  all  obligations;  of  such  prod- 
ucts of  labor  or  skill  as  the  composition  of  an  author,  the  goodwill 
of  a  business,  trade  marks  and  signs,  and  of  rights  created  or  granted 
by  statute. 

Cross-Refereince 

Products  of  the  mind,  see  sections  381  et  seq.,  of  this  title. 

76 


THE  CIVIL  CODE  [T.  3,  §  262 

253.  Wild  animals. — Animals  wild  by  nature  are  the  subjects  of 

ownership,  while  living,  only  when  on  the  land  of  the  person  claim- 
ing them,  or  when  tamed,  or  taken  and  held  in  possession,  or  disabled 
and  immediately  pursued. 

254.  Real  and  personal. — Property  is  either: 

1.  Real  or  immovable ;  or 

2.  Personal  or  movable. 

255.  Real  property, — Real  or  immovable  property  consists  of: 

1.  Land; 

2.  That  which  is  affixed  to  land; 

3.  That  which  is  incidental  or  appurtenant  to  land ; 

4.  That  which  is  immovable  by  law. 

Ceoss-Refebences 

Land  defined,  see  section  256  of  this  title. 
Fixtures,  see  section  1044  of  this  title. 

256.  Land. — Land  is  the  solid  material  of  the  earth,  whatever  may 

be  the  ingredients  of  which  it  is  composed,  whether  soil,  rock,  or 
other  substance. 

257.  Fixtures. — A  thing  is  deemed  to  be  affixed  to  land  when  it  is 

attached  to  it  by  roots,  as  in  the  case  of  trees,  vines,  or  shrubs;  or 
imbedded  in  it,  as  in  the  case  of  walls ;  or  permanently  resting  upon 
it,  as  in  the  case  of  buildings;  or  permanently  attached  to  what  is 
thus  permanent,  as  by  means  of  cement,  plaster,  nails,  bolts,  or 
screws. 

Ceoss-Refeeencb 

Ownership  of  fixtures,  see  section  411  of  this  title. 

258.  Personal  property. — Every  kind  of  property  that  is  not  real 
is  personal. 

Ceoss-Refebences 

Accession  to  personal  property,  see  sections  413  to  421  of  this  title. 

Choses  in  action,  see  sections  371  and  372  of  this  title. 

Confusion  of  goods,  see  sections  413  to  421  of  this  title. 

Law  governing,  see  section  361  of  this  title. 

Modes  of  acquisition  of,  see  section  401  of  this  title. 

Products  of  mind,  see  sections  381  to  386  of  this  title. 

CHAPTER  13.— OWNERS  OF  PROPERTY 


Sec. 

261.  Owners. 

262.  Who  may  own  property. 


Sec. 

263.  Aliens  inheriting  must  claim  within  5 
years. 


Section  261.  Owners. — All  property  has  an  owner,  whether  that 
owner  is  the  government,  and  the  property  public,  or  the  owner  an 
individual,  and  the  property  private. 

262.  Who  may  own  property. — Anv  person,  whether  citizen  or 
alien,  may  take,  hold,  and  dispose  of  property  within  the  Canal 
Zone. 

Cboss-Rbfebencb 

Aliens,  right  to  inherit  property,  see  section  651  of  this  title. 


77 


T.3,  §263] 


TEE  CIVIL  CODE 


263.  Aliens  inheriting  must  claim  within  5  years. — If  a  nonresi- 
dent alien  takes  by  succession,  he  must  appear  and  claim  the  prop- 
erty within  five  years  from  the  time  of  succession,  or  be  barred. 
The  property  in  such  case  is  disposed  of  as  provided  in  sections  1181 
to  1185  of  title  4. 

Cbos  s-References 

When  and  how  aliens  may  inherit,  see  section  651  of  tliis  title. 
Escheat  of  property,  see  title  4,  sections  1181  et  seq. 

CHAPTER  14.— MODIFICATIONS  OF  OWNERSHIP 


Art.  See. 

1.  Interests  in  property 271 

2.  Conditions   of  ownership 301 


Art.  Sec. 

3.  Restraints  upon  alienation 311 

4.  Accumulations 321 


ARTICLE  1.— INTERESTS  IN  PROPERTY 


Sec. 
271. 
272. 
273. 
274. 
275. 
276. 
277. 
278. 
279. 
280. 
281. 
282. 


Ownersiiip,  absolute  or  qualified. 
When  absolute. 
When  qualified. 
Several  ownership,  what. 
Ownership  of  several  persons. 
Joint  interest,  what. 
Partnership  interest,  what. 
Interest  in  common,  what. 
What  interests  are  in  common. 
Community  property. 
Interests  as  to  time. 
Present  interest,  what. 


Sec. 

283.  Future  interest,  what. 

284.  Perpetual  interest,  what. 

285.  Limited  interest,  what. 

286.  Kinds  of  future  interests. 

287.  Vested  interests. 

288.  Contingent  interests. 

289.  Two  or  more  future  interests. 

-90.  Certain  future  interests  not  to  be  void. 

291.  Posthumous  children. 

292.  Qualities  of  expectant  estates. 

293.  Same. 

294.  What  future  interests  are  recognized. 


Section  271.  Ownership,  absolute  or  qualified. — The  ownership 
of  property  is  either : 

1.  Absolute ;  or 

2.  Qualified. 

272.  When  absolute. — The  ownership  of  property  is  absolute  when 
a  single  person  has  the  absolute  dominion  over  it,  and  may  use  it  or 
dispose  of  it  according  to  his  pleasure,  .subject  only  to  general  laws. 

Cross-Refebences 

Ownership  in  what  property  may  exist,  see  sections  252  and  2.53  of  this  title. 
Ownership,  termination  of,  see  section  341  of  this  title. 
Perpetual  interest  defined,  see  section  284  of  this  title. 

273.  When  qualified. — The  ownership  of  property  is  qualified : 

1.  Wlien  it  is  shared  with  one  or  more  persons ; 

2.  When  the  time  of  enjoyment  is  deferred  or  limited ; 

3.  When  the  use  is  restricted. 

274.  Several  ownership,  what. — The  ownership  of  property  by  a 

single  person  is  designated  as  a  sole  or  .several  ownership. 

275.  Ownership  of  several  persons. — The  ownership  of  property 

by  several  persons  is  either : 

1.  Of  joint  interests; 

2.  Of  partnership  interests; 

3.  Of  interests  in  common ; 

4.  Of  community  interest  of  husband  and  wife. 

Ckoss-Refeeences 

Community  property,  see  section  280  of  this  title. 
Interests  in  common,  see  sections  278  and  279  of  this  title. 
Joint  interest,  see  section  271  of  this  title. 
Partnership  interests,  see  section  277  of  this  title. 


78 


THE  CIVIL  CODE  [T.  3,  §  285 

276.  Joint  interest,  what, — A  joint  interest  is  one  owned  by  sev- 
eral persons  in  equal  shares,  by  a  title  created  by  a  single  will  or 
transfer,  when  expressly  declared  in  the  will  or  transfer  to  be  a  joint 
tenancy,  or  when  granted  or  devised  to  executors  or  trustees  as  joint 
tenants. 

277.  Partnership  interest,  what. — A  partnership  interest  is  one 
owned  by  several  persons,  in  partnership,  for  partnership  purposes. 

278.  Interest  in  common,  what. — An  interest  in  common  is  one 
owned  by  several  persons,  not  in  joint  ownership  or  partnership. 

Ceoss-References 

See,  also,  sections  276  and  279  of  this  title. 

Husband  and  wife  as  owners  in  common,  see  section  137  of  this  title. 
Legacy  to  two  or  more  makes  them  owners  in  common,  see  section  601  of  this 
title. 

279.  What  interests  are  in  common. — Every  interest  created  in 
favor  of  several  persons  in  their  own  right  is  an  interest  in  com- 
mon, unless  acquired  by  them  in  partnership,  for  partnership  pur- 
poses, or  unless  declared  in  its  creation  to  be  a  joint  interest,  as 
provided  in  section  276  of  this  title,  or  unless  acquired  as  com- 
munity property. 

CEOSS-REFEaiENOH 

Interests  in  common,  see  section  278  of  this  title. 

280.  Community  property. — Community  property  is  property  ac- 
quired by  husband  and  wife,  or  either,  during  marriage,  when  not 
acquired  as  the  separate  property  of  either  or  as  joint  interests  or 
interests  in  common. 

Cross-Refeeencb 

See  also  section  140  of  this  title. 

281.  Interests  as  to  time. — In  respect  to  the  time  of  enjoyment, 
an  interest  in  property  is  either : 

1.  Present  or  future;  and 

2.  Perpetual  or  limited. 

282.  Present  interest,  what.— A  present  interest  entitles  the  owner 
to  the  immediate  possession  of  the  property. 

283.  Future  interest,  what.— A  future  interest  entitles  the  owner 
to  the  possession  of  the  property  only  at  a  future  period. 

Cross-Refebences 

Accumulations  as  future  interests,  see  sections  321  et  seq.,  and  332  of  this 
title. 
Conditions  upon  enjoyment  of  estates,  see  section  301  of  this  title. 
Terminating  future  interests,  see  sections  341  et  seq.,  of  this  title. 

284.  Perpetual  interest,  what.— A  perpetual  interest  has  a  dura- 
tion equal  to  that  of  the  property. 

285.  Limited  interest,  what.— A  limited  interest  has  a  duration 
less  than  that  of  the  property. 

79 


T.  3,  §  286] 


THE  CIVIL  CODE 


286.  Kinds  of  future  interests. — A  future  interest  is  either: 

1.  Vested;  or 

2.  Contingent. 

287.  Vested  interests. — A  future  interest  is  vested  when  there  is  a 
person  in  being  who  would  have  a  right,  defeasible  or  indefeasible, 
to  the  immediate  possession  of  the  property,  upon  the  ceasing  of  the 
intermediate  or  precedent  interest. 

288.  Contingent  interests. — A  future  interest  is  contingent,  whilst 
the  person  in  whom,  or  the  event  upon  which,  it  is  limited  to  take 
effect  remains  uncertain. 

289.  Two  or  more  future  interests. — Two  or  more  future  interests 
may  be  created  to  take  effect  in  the  alternative,  so  that  if  the  first 
in  order  fails  to  vest,  the  next  in  succession  shall  be  substituted  for 
it,  and  take  effect  accordingly. 

290.  Certain  future  interests  not  to  be  void. — A  future  interest 
IS  not  void  merely  because  of  the  improbability  of  the  contingency 
on  which  it  is  limited  to  take  effect. 

291.  Posthumous  children. — When  a  future  interest  is  limited  to 
successors,  heirs,  issue  or  children,  posthumous  children  are  entitled 
to  take  in  the  same  manner  as  if  living  at  the  death  of  their  parent. 

Ceoss-References 

Future  interests  defeated  by  birth  of  posthumous  child,  see  section  341  of  this 
title. 

Succession  by  posthumous  children,  see  sections  554,  590,  and  650  of  this 
title. 

292.  Qualities  of  expectant  estates. — Future  interests  pass  by  suc- 
cession, will,  and  transfer,  in  the  same  manner  as  present  interests. 

293.  Same. — A  mere  possibility,  such  as  the  expectancy  of  an  heir 
apparent,  is  not  to  be  deemed  an  interest  of  any  kind. 

Cross-Refeeencb 
Mere  possibility  cannot  be  transferred,  see  section  442  of  this  title. 

294.  What  future  interests  are  recognized. — No  future  interest 
in  property  is  recognized  hj  the  law,  except  such  as  is  defined  in  this 
title. 

ARTICLE  2.— CX)NDITIONS  OF  OWNERSHIP 


Sec.  Sec. 

301.  Fixing  the  time  of  enjoymeut.  304.  Conditions   restraining   marriage   void. 

302.  Conditions.  305.   Conditions  restraining  alienation  void. 

303.  Certain  conditions  precedent  void. 

301.  Fixing  the  time  of  enjoyment. — The  time  when  the  enjoy- 
ment of  property  is  to  begin  or  end  may  be  determined  by  computa- 
tion, or  be  made  to  depend  on  events.  In  the  latter  case,  the 
enjoyment  is  said  to  be  upon  condition. 

Cross-Refebenck 
Conditional  legacies,  see  section  596  of  this  title. 


80 


THE  CIVIL  CODE 


[T.  3,  §  312 


302.  Conditions. — Conditions  are  precedent  or  subsequent.  The 
former  fix  the  beginning,  the  latter  the  ending,  of  the  right. 

Cross-Refekences 

Conditional  obligations,  see  sections  691  to  699  of  this  title. 
Conditions  concurrent,  see  section  694  of  tliis  title. 
Conditions  precedent,  what  are,  see  sections  597  and  693  of  this  title. 
Conditions  subsequent,  wliat  are,  see  sections  600  and  695  of  this  title. 

303.  Certain  conditions  precedent  void. — If  a  condition  precedent 
requires  the  performance  of  an  act  wrong  of  itself,  the  instrument 
containing  it  is  so  far  void,  and  the  right  cannot  exist.  If  it  requires 
the  performance  of  an  act  not  wrong  of  itself,  but  otherwise  unlaw- 
ful, the  instrument  takes  effect  and  the  condition  is  void. 

CROSS-REFERENCES 

Conditions  precedent,  see  section  693  of  this  title. 
Unlawful  conditions  void,  see  section  698  of  this  title. 

304.  Conditions  restraining  marriage  void. — Conditions  impos- 
ing restraints  upon  marriage,  except  upon  the  marriage  of  a  minor, 
are  void;  but  this  does  not  affect  limitations  where  the  intent  was 
not  to  forbid  marriage,  but  only  to  give  the  use  until  marriage. 

Ceoss-Refekence 

Contracts  in  restraint  of  marriage,  see  section  937  of  this  title. 

305.  Conditions  restraining  alienation  void. — Conditions  restrain- 
ing alienation,  when  repugnant  to  the  interest  created,  are  void. 

Cross-reference 

Restraints  upon  alienation,  see  section  311  of  this  title. 

ARTICLE  3.— RESTRAINTS  UPON  ALIENATION 


Sec. 

311.  Restraints  upon  alienation. 


Sec. 

312.  Future   interests   void,   which   suspend 
power  of  alienaUon. 


311.  Restraints  upon  alienation. — The  absolute  power  of  aliena- 
tion cannot  be  suspended,  by  any  limitation  or  condition  whatever, 
for  a  longer  period  than  as  follows : 

1.  During  the  continuance  of  the  lives  of  persons  in  being  at  the 
creation  of  the  limitation  or  condition;  or 

2.  For  a  period  not  to  exceed  twenty-five  years  from  the  time  of 
the  creation  of  the  suspension. 

312.  Future  interests  void,  which  suspend  power  of  alienation. — 

Every  future  interest  is  vo'd  in  its  creation  which,  by  any  possibility, 
may  suspend  the  absolute  power  of  alienation  for  a  longer  period 
than  is  prescribed  in  this  chapter.  Such  power  of  alienation  is 
suspended  when  there  are  no  persons  in  being  by  whom  an  absolute 
interest  in  possession  can  be  conveyed. 


81 


T.  3,  §  321] 


THE  CIVIL  CODE 


ARTICLE  4.— ACCUMULATIONS 


Sec. 

321.  Dispositions  of  income. 

322.  Accumulutions,  when  void. 

323.  Accumulation  of  income. 


Sec. 

324.  Other  directions,  when  void  in  part. 

325.  Application  of  income  to  support,  etc. 

of  minor. 


321.  Dispositions  of  income. — Dispositions  of  the  income  of  prop- 
erty to  accrue  and  to  be  received  at  any  time  subsequent  to  the  execu- 
tion of  the  instrument  creating  such  disposition,  are  governed  by 
the  rules  prescribed  in  this  chapter  in  relation  to  future  interests. 

322.  Accumulations,  when  void. — All  directions  for  the  accumu- 
lation of  the  income  of  propert}'^,  except  such  as  are  allowed  by  this 
chapter,  are  void. 

323.  Accumulation  of  income. — An  accumulation  of  the  income 
of  property,  for  the  benefit  of  one  or  more  persons,  may  be  directed 
by  any  will  or  transfer  in  writing  sufficient  to  pass  the  property  out 
of  which  the  fund  is  to  arise,  as  follows : 

1.  If  such  accumulation  is  directed  to  commence  on  the  creation 
of  the  interest  out  of  which  the  income  is  to  arise,  it  must  be  made 
for  the  benefit  of  one  or  more  minors  then  in  being,  and  terminate  at 
the  expiration  of  their  minority ;  or 

2.  If  such  accumulation  is  directed  to  commence  at  any  time  subse- 
quent to  the  creation  of  the  interest  out  of  which  the  income  is  to 
arise,  it  must  commence  within  the  time  in  this  chapter  permitted 
for  the  vesting  of  future  interests,  and  during  the  minority  of  the 
beneficiaries,  and  terminate  at  the  expiration  of  such  minority. 

Ceoss-References 

Annuities  and  bequest  of  income,  see  sections  611   (3)  and  618  of  this  title. 
Ownership  of  undisposed  accumulations,  see  section  332  of  this  title. 

324.  Other  directions,  when  void  in  part. — If  in  either  of  the 

cases  mentioned  in  the  next  preceding  section  the  direction  for  an 
accumulation  is  for  a  longer  term  than  during  the  minority  of  the 
beneficiaries,  the  direction  only,  whether  separable  or  not  from  other 
provisions  of  the  instrument,  is  void  as  respects  the  time  beyond 
such  minority. 

325.  Application  of  income  to  support,  etc.,  of  minor. — When  a 
minor  for  whose  benefit  an  accumulation  has  been  directed  is  desti- 
tute of  other  sufficient  means  of  support  and  education,  the  proper 
court,  upon  application,  may  direct  a  suitable  sum  to  be  applied 
thereto  out  of  the  fund. 

Cross-Referencb 

Maintenance  of  ward  out  of  own  estate,  see  title  4.  sections  1773  and  1775. 
CHAPTER  15.— RIGHTS  OF  OWNERS 


Sec. 

331.  Increase  of  property. 


Sec. 

332.   In   certain   rases,   who   entitled   to   in- 
come of  property. 

Section  331.  Increase  of  property. — The  owner  of  a  thing  owns 
also  all  its  products  and  accessions. 

Ckoss-Reiferencks 

Accessions  to  personal  property,  see  sections  413  et  seq.,  of  this  title. 
Fixtures,  see  section  411  of  this  title. 


82 


THE  CIVIL  CODE 


[T.  3,  §  352 


332.  In  certain  cases,  who  entitled  to  income  of  property. — 

When,  in  consequence  of  a  valid  limitation  of  a  future  interest,  there 
is  a  suspension  of  the  power  of  alienation  or  of  the  ownership  during 
the  continuation  of  which  the  income  is  undisposed  of,  and  no  valid 
direction  for  its  accumulation  is  given,  such  income  belongs  to  the 
persons  presumptively  entitled  to  the  next  eventual  interest. 

CHAPTER  16.— TERMINATION  OF  OWNERSHIP 


Sec. 

341.  Future  interests,  when  defeated. 

342.  Same. 


Sec. 

343.  Future   interests,   when   not   defeated. 

344.  Same. 


Section  341.  Future  interests,  when  defeated. — A  future  interest, 

depending  on  the  contingency  of  the  death  of  any  person  without 
successors,  heirs,  issue,  or  children,  is  defeated  by  the  birth  of  a 
posthumous  child  of  such  person,  capable  of  taking  by  succession. 

Ceoss-Rkfekbnce 

Posthumous  children,  see  section  291  of  this  title. 

342.  Same. — A  future  interest  may  be  defeated  in  any  manner  or 
by  any  act  or  means  which  the  party  creating  such  interest  provided 
for  or  authorized  in  the  creation  thereof ;  nor  is  a  future  interest,  thus 
liable  to  be  defeated,  to  be  on  that  ground  adjudged  void  in  its 
creation. 

343.  Future  interests,  when  not  defeated. — No  future  interest 
can  be  defeated  or  barred  by  any  alienation  or  other  act  of  the 
owner  of  the  intermediate  or  precedent  interest,  nor  by  any  destruc- 
tion of  such  precedent  interest  by  forfeiture,  surrender,  merger,  or 
otherwise,  except  as  provided  by  the  section  next  following,  or  where 
a  forfeiture  is  imposed  by  statute  as  a  penalty  for  the  violation 
thereof. 

344.  Same. — No  future  interest,  valid  in  its  creation,  is  defeated 
by  the  determination  of  the  precedent  interest  before  the  happening 
of  the  contingency  on  which  the  future  interest  is  limited  to  take 
effect;  but  should  such  contingency  afterwards  happen,  the  future 
interest  takes  effect  in  the  same  manner  and  to  the  same  extent  as 
if  the  precedent  interest  had  continued  to  the  same  period. 

CHAPTER  17.— GENERAL  DEFINITIONS  AFFECTING  PROPERTY 


Sec. 

352.  Time  of  creation,  what. 


Sec. 

351.  Income,  what. 

Section  351.  Income,  what. — The  income  of  property,  as  the  term 
is  used  in  chapters  12  to  16  of  this  title,  includes  the  rents  and 
profits  of  real  property,  the  interest  on  money,  dividends  upon  stock, 
and  other  produce  of  personal  property. 

352.  Time  of  creation,  what. — The  delivery  of  the  grant,  where  a 
limitation,  condition,  or  future  interest  is  created  by  grant,  and 
the  death  of  the  testator,  where  it  is  created  by  will,  is  to  be  deemed 
the  time  of  the  creation  of  the  limitation,  condition,  or  interest 
within  the  meaning  of  chapters  12  to  16  of  this  title. 

83 


T.3,  §361] 


THE  CIVIL  CODE 


CHAPTER    18. 


Art. 


-PERSONAL    PROPERTY    AND    PARTICULAR    KINDS 
THEREOF 


Sec. 

1.  Personal  property  in  general 3G1 

2.  Things  in  action 371 

3.  Products  of  the  mind 381 


Art.  Sec. 
4.  Patents,     trade-marlcs,     and     copy- 
rights   391 


ARTICLE  1.— PERSONAL  PROPERTY  IN  GENERAL 

Section  361.  By  what  law  governed. — If  there  is  no  law  to  the 

contrary,  in  the  place  where  personal  property  is  situated,  it  is 
deemed  to  follow  the  person  of  its  owner,  and  is  governed  by  the  law 
of  his  domicile. 

ARTICLE  2.— THINGS   IN  ACTION 


Sec. 

371.  Things  in  action  deflned. 


Sec. 

372.  Transfer  and  survivorsliip. 


371.  Things  in  action  defined. — A  thing  in  action  is  a  right  to 
recover  money  or  other  personal  property  by  a  judicial  proceeding. 

372.  Transfer  and  survivorship. — A  thing  in  action  arising  out 
of  the  violation  of  a  right  of  property,  or  out  of  an  obligation, 
may  be  transferred  by  the  owner.  Upon  the  death  of  the  owner  it 
passes  to  his  personal  representatives,  except  where,  in  the  cases 
provided  in  Title  4,  The  Code  of  Civil  Procedure,  it  passes  to  his 
devisees  or  successor  in  office. 

Cross-references 

Assignment  of  debt  secured  by  mortgage  carries  security,  see  sectiun  2246  of 
this  title. 

Assignment  of  chose  in  action  does  not  prejudice  defense,  see  title  4,  section 
123. 

Burden  of  obligation  not  transferable,  see  section  711  of  this  title. 

Counterclaim  not  barred  by  assignment,  see  title  4,  section  225. 

Insurance  policy,  transfer  of,  see  section  2033  of  this  title. 

Literary  property  is  assignable,  see  section  383  of  tliis  title. 

Mere  possibility  cannot  be  transferred,  see  section  442  of  this  title. 

Nonnegotiable  written  contract  for  payment  of  money  or  property  transferable 
by  indorsement,  see  section  713  of  this  title. 

Obligation  defined,  see  section  661  of  this  title. 

Property  of  any  kind  may  be  transferred,  see  section  441  of  this  title. 

Right  arising  out  of  obligation  transferable,  see  section  712  of  this  title. 

Right  of  repossession  can  be  transferred,  see  section  443  of  this  title. 

Suing  on  chose  in  action,  see  title  4,  sections  122  to  124,  1522  and  1523. 

Transfer  may  be  oral,  when,  see  section  451  of  this  title. 

ARTICLE  3.— PRODUCTS   OF  THE  MIND 


Sec. 

381.  How   far  the  subject   of  ownership. 

382.  Joint  authorship. 

383.  Transfer. 

384.  Effect  of  publication. 


Sec. 

385.  Subsequent    inventor,    author,    and    so 

forth. 

386.  Private  writings. 


381.  How  far  the  subject  of  ownership. — The  author  of  any  prod- 
uct of  the  mind,  whether  it  is  an  invention,  or  a  composition  in 
letters  or  art,  or  a  design,  with  or  without  delineation,  or  other 
graphical  representation,  has  an  exclusive  ownership  therein,  and 
in  the  representation  or  expression  thereof,  which  continues  so  long 


84 


THE  CIVIL  CODE  [T.  3,  §  401 

as  the  product  and  the  representations  or  expressions  thereof  made 
by  him  remain  in  his  possession. 

382.  Joint  authorship. — Unless  otherwise  agreed,  a  product  of  the 
mind  in  the  production  of  which  several  persons  are  jointly  con- 
cerned, is  owned  by  them  as  follows : 

1.  If  the  product  is  single,  in  equal  proportions; 

2.  If  it  is  not  single,  in  proportion  to  the  contribution  of  each. 

383.  Transfer. — The  owner  of  any  product  of  the  mind,  or  of  any 
representation  or  expression  thereof,  may  transfer  his  property  in 
the  same. 

384.  Effect  of  publication. — If  the  owner  of  a  product  of  the  mind 
intentionally  makes  it  public,  a  copy  or  reproduction  may  be  made 
public  by  any  person,  without  responsibility  to  the  owner,  subject 
to  the  law  of  copyright. 

Cbos  s-Reference 

Copyright  law,  see  section  391  of  this  title. 

385.  Subsequent  inventor,  author,  and  so  forth. — If  the  owner 

of  a  product  of  the  mind  does  not  make  it  public,  any  other  person 
subsequently  and  originally  producing  the  same  thing  has  the  ,same 
right  therein  as  the  prior  author,  which  is  exclusive  to  the  same 
extent  against  all  persons  except  the  prior  author,  or  those  claiming 
under  him. 

386.  Private  writings. — Letters  and  other  private  communica- 
tions in  writing  belong  to  the  person  to  whom  they  are  addressed  and 
delivered ;  but  they  cannot  be  published  against  the  will  of  the  writer, 
except  by  authority  of  law. 

ARTICLE  4.— PATENTS,  TRADE-MARKS,  AND  COPYRIGHTS 

391.  Patent,  trade-mark,  and  copyright  laws  extended  to  Canal 
Zone. — The  patent,  trade-mark,  and  copyright  laws  of  the  United 
States  shall  have  the  same  force  and  effect  in  the  Canal  Zone  as  in 
continental  United  States,  and  the  district  court  is  given  the  same 
jurisdiction  in  actions  arising  under  such  laws  as  is  exercised  by 
United  States  district  courts. 

CKOSS-REFEaiENCES 

Products  of  the  mind,  see  section  381  of  this  title. 

For  patent  laws  of  United  States,  see  U.S.  Code,  title  35. 

For  trade-mark  laws  of  United  States,  see  U.S.  Code,  title  15,  chapter  3. 

For  copyright  laws  of  United  States,  see  U.S.  Code,  title  17. 

CHAPTER   19.— MODES   IN   WHICH   PROPERTY   MAY   BE   ACQUIRED 

Section  401.  Property,  how  acquired. — Property  is  acquired  by: 

1.  Accession; 

2.  Transfer; 
S.Will;  or 

4.  Succession. 


85 


T.  3,  §  411]  THE  CIVIL  CODE 

CHAPTER  20.— ACCESSION 

Sec. 


Sec. 

411.  Fixtures. 

412.  What  fixtures  tenant  may   remove. 

413.  Accession  by  uniting  several  tilings. 

414.  Principal   part,   what. 

415.  Same. 

416.  Uniting   materials   and   workmanship 


417.  Inseparable  materials. 

418.  Materials  of  several  owners. 

419.  Willful  trespassers. 

420.  Owner   may    elect    between    the    thing 

and  its  value. 

421.  Wrongdoer  liable  in  damages. 


Section  411.  Fixtures. — Wlien  a  person  affixes  his  property  to  the 
land  of  another,  without  an  agreement  permitting  him  to  remove  it. 
the  thing  affixed,  except  as  provided  in  the  section  next  following, 
belongs  to  the  owner  of  the  land,  unless  he  chooses  to  reciuire  the 
former  to  remove  it. 

Cross-Refeeence 

Fixtures,  see  section  257  of  tliis  title. 

412.  What  fixtures  tenant  may  remove. — A  tenant  may  remove 
from  the  demised  premises,  any  time  during  the  continuance  of  his 
term,  anything  affixed  thereto  for  the  purposes  of  trade,  manufac- 
ture, ornament,  or  domestic  use,  if  iho,  removal  can  be  effected  with- 
out injury  to  the  premises,  unless  the  thing  has,  by  the  manner  in 
which  it  is  affixed,  become  an  integral  part  of  the  premises. 

413.  Accession  by  uniting  several  things. — When  things  belong- 
ing to  different  owners  have  been  united  so  as  to  form  a  single  thing, 
and  cannot  be  separated  without  injury,  the  whole  belongs  to  the 
owner  of  the  thing  which  forms  the  principal  part;  who  must,  how- 
ever, reimburse  the  value  of  the  residue  to  the  other  owner,  or 
surrender  the  whole  to  him. 

414.  Principal  part,  what. — That  part  is  to  be  deemed  the  prin- 
cipal to  which  the  other  has  been  united  only  for  the  use,  ornament, 
or  completion  of  the  former,  unless  the  latter  is  the  more  valuable, 
and  has  been  united  without  the  knowledge  of  its  owner,  who  may, 
in  the  latter  case,  require  it  to  be  separated  and  returned  to  him, 
although  some  injury  should  result  to  the  thing  to  which  it  has  been 
united. 

415.  Same. — If  neither  part  can  be  considered  the  principal, 
within  the  rule  prescribed  by  the  next  preceding  section,  the  more 
valuable,  or,  if  the  values  are  nearly  equal,  the  more  considerable  in 
bulk,  is  to  be  deemed  the  principal  part. 

416.  Uniting  materials  and  workmanship. — If  one  makes  a  thing 
from  materials  belonging  to  another,  the  latter  may  claim  the  thing 
on  reimbursing  the  value  of  the  workmanship,  unless  the  value  of  the 
workmanship  exceeds  the  value  of  the  materials,  in  which  ca.se  the 
thing  belongs  to  the  maker,  on  reimbursing  the  value  of  the  materials. 

417.  Inseparable  materials. — Where  one  has  made  use  of  mate- 
rials which  in  part  belong  to  him  and  in  part  to  another,  in  order 
to  form  a  thing  of  a  new  description,  without  having  destroyed  any 
of  the  materials,  but  in  such  a  way  that  they  cannot  be  separated 
without  inconvenience,  the  thing  formed  is  common  to  both  propri- 
etors; in  proportion,  as  respects  the  one,  of  the  materials  belonging 


86 


THE  CIVIL  CODE 


[T.  3,  §  432 


to  him,  and  as  respects  the  other,  of  the  materials  belonging  to  him 
and  the  price  of  his  workmanship. 

418.  Materials  of  several  owners. — When  a  thing  has  been  formed 
by  the  admixture  of  several  materials  of  different  owners,  and  neither 
can  be  considered  the  principal  substance,  an  owner  without  whose 
consent  the  admixture  was  made  may  require  a  separation,  if  the 
materials  can  be  separated  without  inconvenience.  If  they  cannot 
be  thus  separated,  the  owners  acquire  the  thing  in  common,  in  pro- 
portion to  the  quantity,  quality,  and  value  of  their  materials;  but 
if  the  materials  of  one  were  far  superior  to  those  of  the  others,  both 
in  quantity  and  value,  he  may  claim  the  thing  on  reimbursing  to  the 
others  the  value  of  their  materials. 

419.  Willful  trespassers. — The  foregoing  sections  of  this  chapter 
are  not  applicable  to  cases  in  which  one  willfully  uses  the  materials 
of  another  without  his  consent ;  but,  in  such  cases,  the  product  belongs 
to  the  owner  of  the  material,  if  its  identity  can  be  traced. 

420.  Owner  may  elect  between  the  thing  and  its  value. — In  all 

cases  where  one  whose  material  has  been  used  without  his  knowledge, 
in  order  to  form  a  product  of  a  different  description,  can  claim  an 
interest  in  such  product,  he  has  an  option  to  demand  either  resti- 
tution of  his  material  in  kind,  in  the  same  quantity,  weight,  measure, 
and  quality,  or  the  value  thereof ;  or  where  he  is  entitled  to  the  prod- 
uct, the  value  thereof  in  place  of  the  product. 

421.  Wrongdoer  liable  in  damages. — One  who  wrongfully  em- 
ploys materials  belonging  to  another  is  liable  to  him  in  damages,  as 
well  as  under  the  foregoing  provisions  of  this  chapter. 


CHAPTER  21.— TRANSFER  OF  PROPERTY 


Aft.  Sec. 

1.  Definition    of   transfer 431 

2.  What  may  be  transferred 441 

3.  Mode   of   transfer 451 


Art. 


Sec. 


4.  Interpretation  of  grants 461 

5.  Effect  of  transfer 47j 

6.  Gifts 4S1 


ARTICLE  1.— DEFINITION  OF  TRANSFER 


Sec. 

431.  Transfer,  what. 


Sec. 

432.  Voluntary  transfer. 


Section  431.  Transfer,  what. — Transfer  is  an  act  of  the  parties, 
or  of  the  law,  by  which  the  title  to  property  is  conveyed  from  one 
living  person  to  another. 

CBO,SS-RbTE2BENCE8 

Transfer,  see  sections  432  and  454  of  this  title. 

Transfer  in  writing  is  called  a  grant,  see  section  454  of  this  title. 

432.  Voluntary  transfer.— A  voluntary  transfer  is  an  executed 
contract,  subject  to  all  rules  of  law  concerning  contracts  in  general; 
except  that  a  consideration  is  not  necessary  to  its  validity. 

CKOSS-RE^'BatENCES 

Gifts,  see  sections  481  et  seq.,  of  this  title. 
Transfer,  see  sections  431  and  454  of  this  title. 


87 


T.3,  §441] 


THE  OIVIL  CODE 


ARTICLE    2.— WHAT   MAY    BE    TRANSFERKED 


Sec. 

441.  What  may  be  transferred. 

442.  Possibility. 


Sec. 

443.  Right    of    repossession    can    be    trans- 
ferred. 


441.  What  may  be  transferred. — Property  of  any  kind  may  be 
transferred,  except  as  otherwise  provided  by  the  section  next 
following. 

442.  Possibility. — A  mere  possibility,  not  coupled  with  an  interest, 
cannot  be  transferred. 

Cross-Reference 
Mere  possibility  not  deemed  an  interest,  see  section  293  of  this  title. 

443.  Right  of  repossession  can  be  transferred. — A  right  of  repos- 
session for  breach  of  condition  subsequent,  can  be  transferred. 

ARTICLE  3.— MODE  OF  TRANSFER 


Sec. 

451.  When  oral. 

452.  When  must  be  in  writing 

453.  Transfer  by  sale,  etc. 

454.  Grant,  what. 

455.  Delivery   necessary. 


Sec. 

45G.  Date. 

457.  Delivery  to  grantee  is  necessarily  ab- 

solute. 

458.  Delivery  in  escrow. 

459.  Constructive  ddivery. 


451.  When  oral. — A  transfer  may  be  made  without  writing,  in 
every  case  in  which  a  writing  is  not  expressly  required  by  statute. 

Cross-References 

What  contracts  must  be  in  writing,  see  sections  886  and  984  of  this  title. 
Fraudulent  instruments  and   transfers,  see  sections  2761  and  2762  of  this 
title. 

452.  When  must  be  in  writing. — An  interest  in  an  existing  trust 

can  be  transferred  only  by  operation  of  law,  or  by  a  written  instru- 
ment, subscribed  by  the  person  making  the  transfer,  or  by  his  agent. 

453.  Transfer  by  sale,  etc. — The  mode  of  transferring  other  per- 
sonal property  by  sale  is  regulated  by  chapter  34  of  this  title. 

454.  Grant,  what. — A  transfer  in  writing  is  called  a  grant  or  bill 
of  sale.  The  term  "  grant  ",  in  this  and  sections  455  to  472  of  this 
title,  includes  both  these  instruments. 

Ceoss-Reftcrences 

Construction  of  grants,  see  sections  461  et  seq.,  of  this  title. 
Transfer,  see  sections  431  and  432  of  this  title. 

455.  Delivery  necessary. — A  grant  takes  effect,  so  as  to  vest  the 

interest  intended  to  be  transferred,  only  upon  its  delivery  by  the 
grantor. 

Cross-References 

Constructive  delivery,  see  section  459  of  this  title. 

Contract  in  writing  takes  effect  only  from  delivery,  see  section  888  of  this  title. 

456.  Date. — A  grant  duly  executed  is  presumed  to  have  been  de- 
livered at  its  date. 

457.  Delivery  to  grantee  is  necessarily  absolute. — A  grant  cannot 
be  delivered  to  the  grantee  conditionally.     Delivery  to  him,  or  to 


88 


THE  CIVIL  CODE 


[T.  3,  §  466 


his  agent  as  such,  is  necessarily  absolute,  and  the  instrument  takes 
effect  thereupon,  discharged  of  any  condition  on  which  the  delivery 
was  made. 

458.  Delivery  in  escrow. — A  grant  may  be  deposited  by  the 
grantor  with  a  third  person,  to  be  delivered  on  performance  of  a 
condition,  and,  on  delivery  by  the  depositary,  it  will  take  effect. 
While  in  the  possession  of  the  third  person,  and  subject  to  condition, 
it  is  called  an  escrow. 

459.  Constructive  delivery. — Though  a  grant  be  not  actually  de- 
livered into  the  possession  of  the  grantee,  it  is  yet  to  be  deemed 
constructively  delivered  in  the  following  cases : 

1.  Where  the  instrument  is,  by  the  agreement  of  the  parties  at  the 
time  of  execution,  understood  to  be  delivered,  and  under  such  circum- 
stances that  the  grantee  is  entitled  to  immediate  delivery;  or 

2.  Where  it  is  delivered  to  a  stranger  for  the  benefit  of  the  grantee, 
and  his  assent  is  shown,  or  may  be  presumed. 

ARTICLE  4.— INTERPRETATION  OF  GRANTS 


Sec. 

465.  Irreconcilable  provisions. 

466.  Meaning  of  "  heirs  "   and   "  Lssue  ",  in 

certain  remainders. 


Sec. 

461.  Grants,  how  interpreted. 

462.  Limitations,  how  controlled. 

463.  Recitals,  when  resorted  to. 

464.  Interpretation  against  grantor. 

461.  Grants,  how  interpreted. — Grants  are  to  be  interpreted  in 
like  manner  with  contracts  in  general,  except  so  far  as  otherwise 
provided  in  this  article. 

Cross-References 

Interpretation  of  contracts,  see  sections  901,  902  and  907  of  this  title. 
Word  "grant"  includes  bill  of  sale,  see  section  454  of  this  title. 

462.  Limitations,  how  controlled. — A  clear  and  distinct  limita- 
tion in  a  grant  is  not  controlled  by  other  words  less  clear  and  distinct. 

463.  Recitals,  when  resorted  to. — If  the  operative  words  of  a 
grant  are  doubtful,  recourse  may  be  had  to  its  recitals  to  assist  the 
construction. 

Cboss-Referencb 

Interpretation  of  doubtful  words,  see  section  920  of  this  title. 

464.  Interpretation  against  grantor. — A  grant  is  to  be  interpreted 
in  favor  of  the  grantee,  except  that  a  reservation  in  any  grant, 
and  every  grant  by  a  public  officer  or  body,  as  such,  to  a  private 
party,  is  to  be  interpreted  in  favor  of  the  grantor. 

465.  Irreconcilable  provisions. — If  several  parts  of  a  grant  are 

are  absolutely  irreconcilable,  the  former  part  prevails. 

466.  Meaning  of  "  heirs  "  and  "  issue  ",  in  certain  remainders. — 

Where  a  future  interest  is  limited  by  a  grant  to  take  effect  on  the 
death  of  any  person  without  heirs,  or  heirs  of  his  body,  or  without 
issue,  or  in  equivalent  words,  such  words  must  be  taken  to  mean  suc- 
cessors, or  issue  living  at  the  death  of  the  person  named  as  ancestor. 

Cboss-Refeeence 

"Heirs"  and  "issue",  interpretation  of,  see  section  586  of  this  title. 

93083—34 7  80 


T.  3,  §  471] 


THE  CIVIL  CODE 


ARTICLE  5.— EFFECT  OF  TRANSFER 


Sec. 

471.  What  title  passes. 


Sec. 

472.  Incidents. 


471.  What  title  passes. — A  transfer  vests  in  the  transferee  all  the 
actual  title  to  the  thing  transferred  which  the  transferrer  then  has, 
unless  a  different  intention  is  expressed  or  is  necessarily  implied. 

472.  Incidents. — The  transfer  of  a  thing  transfers  also  all  its  inci- 
dents, unless  expressly  excepted;  but  the  transfer  of  an  incident  to 
a  thing  does  not  transfer  the  thing  itself. 

Cross-Refekbnch 

What  passes,  see  section  2862  of  this  title. 


ARTICLE  6.— GIFTS 


Sec. 

481.  Gifts  defined. 

482.  Gift,  liow  made. 

483.  Gift  not  revocable. 

484.  Gift  in  view  of  deatli,  what. 


Sec. 

485.  When  gift  presumed  to  be  in  view  of 

death. 

486.  Revocation  of  gift  in  view  of  death. 

487.  Effect  of  will  upon  gift. 

488.  When  treated  as  legacy. 


481.  Gifts  defined. — A  gift  is  a  transfer  of  personal  property, 
made  voluntarily,  and  without  consideration. 

Ceoss-References 

Gift  as  fraud  on  creditors,  see  sections  2761  et  seq.,  of  this  title. 
Voluntary  transfers,  see  sections  432  and  2761  of  this  title. 

482.  Gift,  how  made. — A  verbal  gift  is  not  valid,  unless  the  means 
of  obtaining  possession  and  control  of  the  thing  are  given,  nor,  if 
it  is  capable  of  delivery,  unless  there  is  an  actual  or  symbolical  de- 
livery of  the  thing  to  the  donee. 

483.  Gift  not  revocable. — A  gift,  other  than  a  gift  in  view  of 
death,  cannot  be  revoked  by  the  giver. 

Ceoss-Refeeencb 
Revoking  gifts  mortis  causa,  see  section  486  of  this  title. 

484.  Gift  in  view  of  death,  what. — A  gift  in  view  of  death  is  one 
which  is  made  in  contemplation,  fear,  or  peril  of  death,  and  with 
intent  that  it  shall  take  effect  only  in  case  of  the  death  of  the  giver. 

Ceoss-Re^tibench 
Revocation,  see  section  486  of  this  title. 

485.  When  gift  presumed  to  be  in  view  of  death. — A  gift  made 
during  the  last  illness  of  the  giver,  or  under  circumstances  which 
would  naturally  impress  him  with  an  expectation  of  speedy  death, 
is  presumed  to  be  a  gift  in  view  of  death. 

486.  Revocation  of  gift  in  view  of  death. — A  gift  in  view  of  death 
may  be  revoked  by  the  giver  at  any  time,  and  is  revoked  by  his  re- 
covery from  the  illness,  or  escape  from  the  peril,  under  the  presence 
of  which  it  was  made,  or  by  the  occurrence  of  any  event  which  would 
operate  as  a  revocation  of  a  will  made  at  the  same  time,  but  when 


90 


THE  CIVIL  CODE 


[T.  3,  §  495 


the  gift  has  been  delivered  to  the  donee,  the  rights  of  a  bona  fide 
purchaser  from  the  donee  before  the  revocation,  shall  not  be  affected 
by  the  revocation. 

CsOSS-'REFE&ETSiCE 

Gift  inter  vivos  not  revocable,  see  section  483  of  this  title. 

487.  Effect  of  will  upon  gift. — A  gift  in  view  of  death  is  not  af- 
fected by  a  previous  will;  nor  by  a  subsequent  will,  unless  it  expresses 
an  intention  to  revoke  the  gift. 

488.  When  treated  as  legacy. — A  gift  in  view  of  death  must  be 
treated  as  a  legacy,  so  far  as  relates  only  to  the  creditors  of  the  giver. 

CHAPTER  22.— PROOF  AND  ACKNOWLEDGMENT  OF  INSTRUMENTS 


Sec. 


be 


491.  By    whom    acknowledgments    may 

taken  in  Canal  Zone. 
By    whom    taken     outside    of    Canal 

Zone. 
By    whom    taken    in    foreign    country. 
Officers    empowered    to    issue    proper 

certificates. 

495.  Requisites  for  acknowledgment. 

496.  Officer  must  indorse  certificate. 
General  form  of  certificate. 
Form  of  acknowledgment  by  corpora- 
tion. 

Form  of  certificate  of  acknowledgment 

by  attorney  in  fact. 
Officers  must  affix  their  signatures. 

501.  Proof  of  execution,  how  made. 

502.  Witness  must  be  personally  known  to 

officer. 

503.  Witness  must  prove,  what. 


492. 


493 
494, 


497 
498 


499. 
500. 


Sec. 

504.  Handwriting    may    be    proved,    when. 

505.  Evidence   of   handwriting   must   prove, 

what. 

506.  Certificate  of  proof. 

507.  Officers     authorized     to     do     certain 

things. 

508.  When  instrument  is  improperly  certi- 

fied, party  may  have  action  to  cor- 
rect error. 

509.  In    certain    cases,    parties    Interested 

may    obtain   judgment    of   proof   of 
an   instrument. 

510.  Effect   of  judgment  in   such   action. 

511.  Instruments    heretofore    made     to    be 

governed  by  then  existing  laws. 

512.  Deeds,   etc.,  aflJecting  land  in   District 

of    Columbia    or    any    Territory    of 
United  States. 


Section  491.  By  whom  acknowledgments  may  be  taken  in  Canal 
Zone. — The  proof  or  acknowledgment  of  any  instrument  required  by 
law  to  be  proved  or  acknowledged  may  be  made  before  the  district 
judge,  the  clerk  of  the  district  court,  a  magistrate,  or  before  any 
notary  public  of  the  Canal  Zone. 

492.  By  whom  taken  outside  of  Canal  Zone. — The  proof  or  ac- 
knowledgment of  an  instrument  may  be  made  outside  of  the  Canal 
Zone,  but  within  the  United  States,  and  within  the  jurisdiction  of 
the  oflScer,  before  the  judge  of  any  court  of  record  or  the  clerk  thereof 
or  before  any  notary  public  within  any  State,  Territory,  District,  or 
possession  of  the  United  States. 

493.  By  whom  taken  in  foreign  country. — If  an  instrument  is  one 
executed  in  a  foreign  country,  the  same  may  be  acknowledged  before 
any  diplomatic  or  consular  officer  or  commercial  agent  of  the  United 
States  accredited  to  such  country  or  before  any  officer  of  such  for- 
eign country  authorized  to  take  acknowledgments,  the  signature  and 
official  character  of  such  officer  to  be  certified  by  a  diplomatic,  con- 
sular, or  commercial  official  of  the  United  States. 

494.  Officers  empowered  to  issue  proper  certificates. — The  officers 
authorized  to  take  acknowledgments  under  sections  491  to  493  of 
this  title  are  empowered  to  issue  proper  certificates  of  the  same. 

495.  Requisites  for  acknowledgment. — The  acknowledgment  of 
an  instrument  must  not  be  taken  unless  the  officer  taking  it  knows  or 


91 


T.  3,  §  496]  THE  CIVIL  CODE 

has  satisfactory  evidence,  on  the  oath  or  affirmation  of  a  credible 
witness,  that  the  person  making  such  acknowledgment  is  the  indi- 
vidual who  is  described  in  and  who  executed  the  instrument;  or,  if 
executed  by  a  corporation,  that  the  person  making  such  acknowledg- 
ment is  the  president  or  secretary  of  such  corporation,  or  other  person 
who  executed  it  on  its  behalf. 

496.  Officer  must  indorse  certificate. — An  officer  taking  the  ac- 
knowledgment of  an  instrument  must  indorse  thereon  or  attach 
thereto  a  certificate  substantially  in  the  forms  hereinafter  prescribed. 

497.  General  form  of  certificate. — The  certificate  of  acknowledg- 
ment, unless  it  is  otherwise  in  this  chapter  provided,  must  be  sub- 
stantially in  the  following  form:  "United  States  of  America,  Canal 

Zone,  ss.    On  this day  of ,  in  the  year ,  before  me 

(here  insert  name  and  quality  of  the  officer),  personally  appeared 

,  known  to  me  (or  proved  to  me  on  the  oath  of  )  to 

be  the  person  whose  name  is  subscribed  to  the  within  instrument, 
and  acknowledged  that  he  (she  or  they)  executed  the  same  " :  Pro- 
vided^ however,  That  any  acknowledgment  taken  without  the  Canal 
Zone  in  accordance  with  the  laws  of  the  place  where  the  acknowledg- 
ment is  made,  shall  be  sufficient  in  the  Canal  Zone:  And  Provided 
further,  That  the  certificate  of  the  clerk  of  a  court  of  record  of  the 
county  or  district  where  such  acknowledgment  is  taken,  that  the 
officer  certifying  to  the  same  is  authorized  by  law  so  to  do,  and 
that  the  signature  of  the  said  officer  to  such  certificate  is  his  true 
and  genuine  signature,  and  that  such  acknowledgment  is  taken  in 
accordance  with  the  laws  of  the  place  where  the  same  is  made,  shall 
be  prima  facie  evidence  of  the  facts  stated  in  the  certificate  of 
said  clerk. 

498.  Form  of  acknowledgment  by  corporation. — The  certificate  of 
acknowledgment  of  an  instrument  executed  by  a  corporation  must 
be  substantially  in  the  following  form : 

United  States  of  America, 

Canal  Zone,  ss: 

On  this day  of ,  in  the  year ,  before  me 

(here  insert  the  name  and  quality  of  the  officer),  personally 

appeared ,  known  to  me  (or  proved  to  me  on  the  oath  of 

)  to  be  the  president  (or  the  secretary)  of  the  corpora- 
tion that  executed  the  within  instrument  (where,  however,  the 
instrument  is  executed  in  behalf  of  the  corporation  by  some  one 
other  than  the  president  or  secretary  insert:  known  to  me  (or 
proved  to  me  on  the  oath  of )  to  be  the  person  who  exe- 
cuted the  within  instrument  on  behalf  of  the  corporation  therein 
named  and  acknowledged  to  me  that  such  corporation  executed 
the  same) . 

499.  Form  of  certificate  of  acknowledgment  by  attorney  in 
fact. — The  certificate  of  acknowledgment  by  an  attorney  in  fact  must 
be  substantially  in  the  following  form : 


92 


THE  CIVIL  CODE  [T.  3,  §  505 

United  States  of  America, 

Canal  Zone,  ss: 

On  this day  of ,  in  the  year ,  before  me 

(here  insert  the  name  and  quality  of  the  officer),  personally 

appeared ,  Icnown  to  me  (or  proved  to  me  on  tne  oath  of 

)  to  be  the  person  whose  name  is  subscribed  to  the  within 

instrument  as  the  attorney  in  fact  of ,  and  acknowledged 

to  me  that  he  subscribed  the  name  of thereto  as  principal, 

and  his  own  name  as  attorney  in  fact. 

500.  Officers  must  affix  their  signatures. — Officers  taking  and 
certifying  acknowledgments,  or  proof  of  instruments  for  record, 
must  authenticate  their  certificates  by  affixing  thereto  their  signa- 
tures, followed  by  the  names  of  their  offices ;  also,  their  seals  of  office, 
if  by  the  laws  of  the  State  or  country  where  the  acknowledgment  or 
proof  is  taken,  or  by  authority  of  which  they  are  acting,  they  are 
required  to  have  official  seals. 

501.  Proof  of  execution,  how  made. — Proof  of  the  execution  of  an 
instrument,  when  not  acknowledged,  may  be  made  either: 

1.  By  the  party  executing  it,  or  either  of  them ; 

2.  By  a  subscribing  witness ;  or 

3.  By  other  witnesses,  in  cases  mentioned  in  section  504  of  this 
title. 

502.  Witness  must  be  personally  known  to  officer. — If  by  a  sub- 
scribing witness,  such  witness  must  be  personally  known  to  the 
officer  taking  the  proof  to  be  the  person  whose  name  is  subscribed 
to  the  instrument  as  a  witness,  or  must  be  proved  to  be  such  by  the 
oath  of  a  credible  witness. 

503.  Witness  must  prove,  what. — The  subscribing  witness  must 
prove  that  the  person  whose  name  is  .subscribed  to  the  instrument 
as  a  party  is  the  person  described  in  it,  and  that  such  person  exe- 
cuted it,  and  that  the  witness  subscribed  his  name  thereto  as  a  witness. 

504.  Handwriting  may  be  proved,  when. — The  execution  of  an 
instrument  may  be  e3tablished  by  proof  of  the  handwriting  of  the 
party  and  of  a  subscribing  witness,  if  there  is  one,  in  the  following 
cases : 

1.  When  the  parties  and  all  the  subscribing  witnesses  are  dead; 

2.  When  the  parties  and  all  the  subscribing  witnesses  are  nonresi- 
dents of  the  Canal  Zone ; 

3.  When  the  place  of  their  residence  is  unknown  to  the  party 
desiring  the  proof,  and  cannot  be  ascertained  by  the  exercise  of  due 
diligence ; 

4.  When  the  subscribing  witness  conceals  himself,  or  cannot  be 
found  by  the  officer  by  the  exercise  of  due  diligence  in  attempting 
to  serve  the  subpena  or  attachment ;  or 

5.  In  case  of  the  continued  failure  or  refusal  of  the  witness  to 
testify,  for  the  space  of  one  hour,  after  his  appearance. 

505.  Evidence  of  handwriting  must  prove,  what. — The  evidence 

taken  under  the  next  preceding  section  must  satisfactorily  prove 
to  the  officer  the  following  facts : 

93 


T.  3,  §  506]  THE  CIVIL  CODE 

(1)  The  existence  of  one  or  more  of  the  conditions  mentioned 
therein ; 

(2)  That  the  witness  testifying  knew  the  per,son  whose  name  pur- 
ports to  be  subscribed  to  the  instrument  as  a  party,  and  is  well 
acquainted  with  his  signature,  and  that  it  is  genuine ; 

(3)  That  the  witness  testifying  personally  Imew  the  person  who 
subscribed  the  instrument  as  a  witness,  and  is  well  acquainted  with 
his  signature,  and  that  it  is  genuine ;  and 

(4)  The  place  of  residence  of  the  witness. 

506.  Certificate  of  proof. — An  officer  taking  proof  of  the  execution 
of  any  instrument  must,  in  his  certificate  endorsed  thereon 
or  attached  thereto,  set  forth  all  the  matters  required  by  law  to  be 
done  or  known  by  him,  or  proved,  before  him  on  the  proceeding, 
together  with  the  names  of  all  the  witnesses  examined  before  him, 
their  places  of  residence  respectively,  and  the  substance  of  their 
testimony. 

507.  Officers  authorized  to  do  certain  things. — Officers  authorized 
to  take  the  proof  of  instruments  are  authorized  in  such  proceedings : 

1.  To  administer  oaths  or  affirmations,  as  prescribed  in  section  2171 
of  title  4 ; 

2.  To  employ  and  swear  interpreters; 

3.  To  issue  subpenas,  a,s  prescribed  in  section  2042  of  title  4; 

4.  To  punish  for  contempt,  as  prescribed  in  sections  2046,  2048, 
and  2049  of  title  4. 

The  civil  damages  and  forfeiture  to  the  party  aggrieved  are  pre- 
scribed in  section  2047  of  title  4. 

Cross-Refekence 

Damages  for  disobeying  subpena,  see  title  4,  section  2047. 

508.  When  instrument  is  improperly  certified,  party  may  have 
action  to  correct  error. — When  the  aclmowledgment  or  proof  of  the 

execution  of  an  instrument  is  properly  made,  but  defectively  certified, 
any  party  interested  may  have  an  action  in  the  district  court  to 
obtain  a  judgment  correcting  the  certificate. 

509.  In  certain  cases,  parties  interested  may  obtain  judgment 
of  proof  of  an  instrument. — Any  person  interested  under  an  instru- 
ment entitled  to  be  proved  for  record  may  institute  an  action  in 
the  district  court  against  the  proper  parties  to  obtain  a  judgment 
proving  such  instrument. 

510.  Effect  of  judgment  in  such  action. — A  certified  copy  of  the 
judgment  in  a  proceeding  instituted  under  section  508  or  509  of  this 
title,  showing  the  proof  of  the  instrument,  and  attaclied  thereto, 
entitles  such  instrument  to  record,  with  like  effect  as  if  acknowledged. 

511.  Instruments  heretofore  made  to  be  governed  by  then  exist- 
ing laws. — The  legality  of  the  execution,  acknowledgment,  proof, 
form,  or  record  of  any  instrument  made  before  this  title  goes  into 
effect,  executed,  acknowledged,  proved,  or  recorded  is  not  affected 
by  anything  contained  in  this  chapter,  but  depends  for  its  validity 
and  legality  upon  the  laws  in  force  when  the  act  was  performed. 

94 


THE  CIVIL  CODE 


[T.  3,  §  522 


512.  Deeds,  etc.,  affecting  land  in  District  of  Columbia  or  any 
Territory  of  United  States. — Deeds  and  other  instruments  af- 
fecting land  situate  in  the  District  of  Columbia  or  any  Territory  of 
the  United  States  may  be  acknowledged  in  the  Canal  Zone  before 
any  notar}^  public  or  judge,  appointed  therein  by  proper  authority, 
or  by  any  officer  therein  who  has  ex  officio  the  powers  of  a  notary 
public :  P7'ovided,  That  the  certificate  by  such  notary  in  the  Canal 
Zone  shall  be  accompanied  by  the  certificate  of  the  Governor  or  act- 
ing governor  to  the  effect  that  the  notary  taking  said  acknowledgment 
was  in  fact  the  officer  he  purported  to  be;  and  any  deeds  or  other 
instruments  affecting  lands  so  situate,  so  acknowledged  since  Janu- 
ary 1,  1905,  and  accompanied  by  such  certificate  shall  have  the  same 
effect  as  such  deeds  or  other  instruments  hereafter  so  acknowledged 
and  certified.  (June  28,  1906,  ch.  3585,  34  Stat.  552  [U.S.  Code,  title 
48,  sec.  1358] ;  Feb.  27,  1933,  ch.  128,  sec.  310,  47  Stat.  1167.) 


CHAPTER  23.— EXECUTION  AND  REVOCATION  OF  WILLS 


Sec. 
521. 
522. 

523. 

524. 
525. 
526. 
527. 
528. 
529. 
530. 

531. 

532. 
533. 
534. 
535. 

536. 
537. 
588. 
539. 
540. 
541. 
542. 
543. 


Who  may  make  a  will. 

Will,  or  part  thereof,  procured  by 
fraud. 

Will  of  married  woman. 

What  may  pass  by  will. 

Written  will,  how  to  be  executed. 

Definition  of  an  olographic  will. 

Witness  to  add  residence. 

Mutual  will. 

Competency  of  subscribing  witness. 

Gifts  to  subscribing  witnesses  void ; 
creditors  competent  witnesses. 

Subscribing  witness  entitled  to  his 
share  by   succession. 

Will  made  outside  of  Canal  Zone. 

Will  made  in  Canal  Zone  by  alien. 

Republication  by  codicil. 

Nuncupative  will,  how  to  be  exe- 
cuted. 

Requisites   of  valid   nuncupative   will. 

Proof  of  nuncupative  wills. 

Probate  of  nuncupative  wills. 

Written   will,   how   revoked. 

Evidence  of  revocation. 

Revocation  of  duplicate. 

Revocation  by  subsequent  will. 

Antecedent  not  revived  by  revocation 
of  subsequent  will. 


Sec. 

544.  Revocation  by  marriage  and  birth   of 

issue. 

545.  Effect  of  marriage  of  man  on  his  will. 

546.  Effect  of  marriage  of  woman  on  her 

will. 

547.  Revocation  by  marriage  and  birth  of 

issue. 

548.  Contract  of  sale  not  revocation. 

549.  Mortgage  not  revocation  of  will. 

550.  Transfer,  when  not  a  revocation. 

551.  When  it  is  a  revocation. 

552.  Revocation  of  codicils. 

553.  Application  of  provisions  as   to  revo- 

cations. 

554.  After-born    child,    unprovided    for,    to 

succeed. 

555.  Children  or  issue  of  children  of  testa- 

tor unprovided  for  by  his  will. 

556.  Share  of  after-born  child,  out  of  what 

part  of  estate  to  be  paid. 

557.  Advancement  during  lifetime  of  testa- 

tor. 

558.  Distribution    of    estate    when    legatee 

dies  before  testator. 

559.  Restriction  on  bequests  for  charitable 

uses ;  exceptions. 

560.  Execution  of  prior  wills  not  affected. 


Section  521.  Who  may  make  a  will. — Every  person  over  the  age 
of  eighteen  years,  of  sound  mind,  may,  by  last  will,  dispose  of  all  his 
estate,  and  such  estate  not  disposed  of  by  will  is  succeeded  to  as  pro- 
vided in  chapter  26  of  this  title,  being  chargeable  in  both  cases  with 
the  payment  of  all  the  decedent's  debts,  as  provided  in  Title  4,  The 
Code  of  Civil  Procedure. 

CBOSS-REFE3CEnsr  CES 

Disposition  of  property  in  case  of  intestacy,  see  sections  632  et  seq.,  of  this 
title. 

Effect  of  marriage  of  man  on  his  will,  see  section  545  of  this  title. 

Validity  of  will,  see  section  525  of  this  title. 

Wills  of  married  women,  see  section  523  of  this  title. 

Wills  of  unmarried  women  revoked  by  marriage,  see  section  546  of  this  title. 

522.  Will,  or  part  thereof,  procured  by  fraud. — A  will,  or  part  of 
a  will,  procured  to  be  made  by  duress,  menace,  fraud,  or  undue  influ- 


fiR 


T.  3,  §  523]  THE  CIVIL  CODE 

ence,  may  be  denied  probate ;  and  a  revocation,  procured  by  the  same 
means,  may  be  declared  void. 

Cross-Retekences 

Contesting  probate  of  will,  see  title  4,  sections  1231  et  seq.,  and  1251  et  seq. 

Revocation  of  will,  see  section  539  of  this  title. 

Undue  influence  as  affecting  contracts,  see  section  831  of  this  title. 

523.  Will  of  married  woman. — A  married  woman  may  dispose  of 
all  her  separate  estate  by  will,  without  the  consent  of  her  husband, 
and  may  alter  or  revoke  the  will  in  like  manner  as  if  she  were 
single.  Her  will  must  be  executed  and  proved  in  like  manner  as 
other  wills. 

524.  What  may  pass  by  will. — Every  interest  in  property,  to  which 
heirs,  husband,  widow,  or  next  of  kin  might  succeed,  may  be  dis- 
posed of  by  will,  except  as  otherwise  provided  in  sections  648  and 
649  of  this  title. 

525.  Written  will,  how  to  be  executed. — Every  will,  other  than  a 
nuncupative  will,  must  be  in  writing;  and  every  will,  other  than 
an  olographic  will,  and  a  nuncupative  will,  must  be  executed  and 
attested  as  follows : 

1.  It  must  be  subscribed  at  the  end  thereof  by  the  testator  himself, 
or  some  person  in  his  presence  and  by  his  direction  must  subscribe 
his  name  thereto ; 

2.  The  subscription  must  be  made  in  the  presence  of  the  attesting 
witnesses,  or  be  acknowledged  by  the  testator  to  them  to  have  been 
made  by  him  or  by  his  authority ; 

3.  The  testator  must,  at  the  time  of  subscribing  or  acknowledging 
the  same,  declare  to  the  attesting  witnesses  that  the  instrument  is  his 
will;  and 

4.  There  must  be  two  attesting  witnesses,  each  of  whom  must  sign 
the  same  as  a  witncvss,  at  the  end  of  the  will,  at  the  testator's  request 
and  in  his  presence. 

Cboss-Refeeences 

Conjoint  or  mutual  will,  see  section  528  of  this  title. 
Nuncupative  will,  see  sections  535  et  seq.,  of  this  title. 
Olographic  will,  see  section  526  of  this  title. 
Witness  to  add  residence,  see  section  527  of  this  title. 

526.  Definition  of  an  olographic  will. — An  olographic  will  is  one 
that  is  entirely  written,  dated,  and  signed  by  the  hand  of  the 
testator  himself.  It  is  subject  to  no  other  form,  and  may  be  made 
in  or  out  of  the  Canal  Zone,  and  need  not  be  witnessed. 

Cboss-Reference 
Proof  in  same  manner  as  other  private  writing,  see  title  4,  section  3223. 

527.  Witness  to  add  residence. — A  witness  to  a  written  will  must 
write,  with  his  name,  his  place  of  residence;  and  a  person  who 
subscribes  the  testator's  name,  by  his  direction,  must  write  his  own 
name  as  a  witness  to  the  will.  But  a  violation  of  this  section  does 
not  affect  the  validity  of  the  will. 

528.  Mutual  will. — A  conjoint  or  mutual  will  is  valid,  but  it  mav 
be  revoked  by  any  of  the  testators  in  like  manner  with  anj'^  other  will. 

m 


THE  CIVIL  CODE  [T.  3,  §  536 

529.  Competency  of  subscribing  witness. — If  the  subscribing  wit- 
nesses to  a  will  are  competent  at  the  time  of  attesting  its  execution, 
their  subsequent  incompetency,  from  whatever  cause  it  may  arise,  does 
not  prevent  the  probate  and  allowance  of  the  will,  if  it  is  otherwise 
satisfactorily  proved. 

530.  Gifts  to  subscribing  witnesses  void;  creditors  competent 
witnesses. — All  beneficial  legacies  and  gifts  whatever,  made  or  given 
in  any  will  to  a  subscribing  witness  thereto,  are  void,  unless  there 
are  two  other  competent  subscribing  witnesses  to  the  same;  but 
a  mere  charge  on  the  estate  of  the  testator  for  the  payment  of  debts 
does  not  prevent  his  creditors  from  being  competent  witnesses  to  his 
will. 

531.  Subscribing  witness  entitled  to  his  share  by  succession. — 

If  a  witness,  to  whom  any  beneficial  legacy  or  gift,  void  by  the  next 
preceding  section,  is  made,  would  have  been  entitled  to  any  share  of 
the  estate  of  the  testator,  in  case  the  will  should  not  be  established, 
he  succeeds  to  so  much  of  the  share  as  would  be  distributed  to  him, 
not  exceeding  the  bequest  made  to  him  in  the  will,  and  he  may 
recover  the  same  of  the  other  legatees  named  in  the  will,  in  pro- 
portion to  and  out  of  the  parts  bequeathed  to  them. 

532.  Will  made  outside  of  Canal  Zone. — A  will  made  outside  of 
the  Canal  Zone  which  might  be  proved  and  allowed  by  the  laws  of 
the  State  or  country  in  which  it  was  made,  may  be  proved,  allowed, 
and  recorded  in  the  Canal  Zone,  and  shall  have  the  same  effect  as  if 
executed  according  to  the  laws  of  the  Zone. 

Ckoss-Reference 
Probate  of  foreign  wills,  see  title  4,  sections  1241  et  seq. 

533.  Will  made  in  Canal  Zone  by  alien. — A  will  made  within  the 

Canal  Zone  by  a  citizen  or  subject  of  another  State  or  country,  which 
is  executed  in  accordance  with  the  law  of  the  State  or  country  of 
which  he  is  a  citizen  or  subject,  and  which  might  be  proved  and  al- 
lowed by  the  law  of  his  own  State  or  country,  may  be  proved,  al- 
lowed, and  recorded  in  the  Canal  Zone,  and  shall  have  the  same 
effect  as  if  executed  according  to  the  laws  of  the  Zone. 

534.  Republication  by  codicil. — The  execution  of  a  codicil,  refer- 
ring to  a  previous  will,  has  the  effect  to  republish  the  will,  as  modified 
by  the  codicil. 

535.  Nuncupative  will,  how  to  be  executed. — A  nuncupative  will 
is  not  required  to  be  in  writing,  nor  to  be  declared  or  attested  with 
any  formalities. 

Cboss-Refebences 

Probating  nuncupative  wills,  see  sections  536  and  537  of  this  title. 
How  admitted  to  probate,  see  title  4,  section  1271. 

536.  Requisites  of  valid  nuncupative  wUl. — To  make  a  nuncu- 
pative will  valid,  and  to  entitle  it  to  be  admitted  to  probate,  the 
following  requisites  must  be  observed: 

(1)  The  estate  bequeathed  must  not  exceed  in  value  the  sum  of 
$1,000. 


T.  3,  §  537  TEE  CIVIL  CODE 

(2)  It  must  be  proved  by  two  witnesses  who  were  present  at  the 
making  thereof,  one  of  whom  was  asked  by  the  testator,  at  the  time, 
to  bear  witness  that  such  was  his  will,  or  to  that  effect. 

(3)  The  decedent  must,  at  the  time,  have  been  in  actual  military 
service  in  the  field,  or  doing  duty  on  shipboard  at  sea,  and  in  either 
case  in  actual  contemplation,  fear,  or  peril  of  death,  or  the  decedent 
must  have  been,  at  the  time,  in  expectation  of  immediate  death  from 
an  injury  received  the  same  day. 

537.  Proof  of  nuncupative  wills. — No  proof  must  be  received  of 
any  nuncupative  will,  unless  it  is  offered  within  six  months  after 
speaking  the  testamentary  words,  nor  unless  the  words,  or  the  sub- 
stance thereof,  were  reduced  to  writing  within  thirty  days  after 
they  were  spoken. 

Cboss-Reference 

Probate  of  nuncupative  will,  see  title  4,  section  1271. 

538.  Probate  of  nuncupative  wills. — No  probate  of  any  nuncupa- 
tive will  must  be  granted  for  fourteen  days  after  the  death  of  the 
testator,  nor  must  any  nuncupative  will  be  at  any  time  proved, 
unless  the  testamentary  words,  or  the  substance  thereof,  be  first 
committed  to  writing,  and  process  issued  to  call  in  the  widow,  or 
other  persons  interested,  to  contest  the  probate  of  such  will,  if  they 
think  proper. 

Cboss-Referencb 

Time  of  probate,  see  title  4,  section  1272. 

539.  Written  will,  how  revoked. — Except  in  the  cases  in  this  chap- 
ter mentioned,  no  written  will,  nor  any  part  thereof,  can  be  revoked 
or  altered  otherwise  than : 

1.  By  a  written  will,  or  other  writing  of  the  testator,  declaring 
such  revocation  or  alteration,  and  executed  with  the  same  formalities 
with  which  a  will  should  be  executed  by  such  testator;  or 

2.  By  being  burned,  torn,  canceled,  obliterated,  or  destroyed,  with 
the  intent  and  for  the  purpose  of  revoking  the  same,  by  the  testator 
himself,  or  by  some  person  in  his  presence  and  by  his  direction. 

540.  Evidence  of  revocation. — When  a  will  is  canceled  or  de- 
stroyed by  any  person  other  than  the  testator,  the  direction  of  the 
testator,  and  the  fact  of  such  injury  or  destruction,  must  be  proved 
by  two  witnesses. 

541.  Revocation  of  duplicate. — The  revocation  of  a  will,  executed 
in  duplicate,  may  be  made  by  revoking  one  of  the  duplicates. 

542.  Revocation  by  subsequent  will. — A  prior  will  is  not  revoked 
by  a  subsequent  will,  unless  the  latter  contains  an  express  revocation, 
or  provisions  wholly  inconsistent  with  the  terms  of  the  former  will ; 
but  in  other  cases  the  prior  will  remains  effectual  so  far  as  con- 
sistent with  the  provisions  of  the  subsequent  will. 

543.  Antecedent  not  revived  by  revocation  of  subsequent  will. — 

If,  after  making  a  will,  the  testator  duly  makes  and  executes  a 
second  will,  the  destruction,  cancellation,  or  revocation  of  such  sec- 
ond will  does  not  revive  the  first  will,  unless  it  appears  by  the  terms 

08 


THE  CIVIL  CODE  [T.  3,  §  550 

of  such  revocation  that  it  was  the  intention  to  revive  and  give  effect 
to  the  first  will,  or  unless,  after  such  destruction,  cancellation,  or 
revocation,  the  first  will  is  duly  republished. 

544.  Revocation  by  marriage  and  birth  of  issue. — If,  after  hav- 
ing made  a  will,  the  testator  marries,  and  has  issue  of  such  mar- 
riage, born  either  in  his  lifetime  or  after  his  death,  and  the  wife  or 
issue  survives  him,  the  will  is  revoked,  unless  provision  has  been  made 
for  such  issue  by  some  settlement,  or  unless  such  issue  are  provided 
for  in  the  will,  or  in  such  way  mentioned  therein  as  to  show  an  in- 
tention not  to  make  such  provision;  and  no  other  evidence  to  rebut 
the  presumption  of  such  revocation  can  be  received. 

545.  Effect  of  marriage  of  man  on  his  will. — If,  after  making  a 
will,  the  testator  marries,  and  the  wife  survives  the  testator,  the  will 
is  revoked,  unless  provision  has  been  made  for  her  by  marriage 
contract,  or  unless  she  is  provided  for  in  the  will,  or  in  such  way 
mentioned  therein  as  to  show  an  intention  not  to  make  such  provi- 
sion; and  no  other  evidence  to  rebut  the  presumption  of  revocation 
can  be  received. 

546.  Effect  of  marriage  of  woman  on  her  will. — If,  after  making 

a  will,  the  testatrix  marries,  and  the  husband  survives  the  testatrix 
the  will  is  revoked,  unless  provision  has  been  made  for  him  by 
marriage  contract,  or  unless  he  is  provided  for  in  the  will,  or  in 
such  way  mentioned  therein  as  to  show  an  intention  not  to  make 
such  provision;  and  no  other  evidence  to  rebut  the  presumption  of 
revocation  can  be  received. 

547.  Revocation  by  marriage  and  birth  of  issue. — If,  after  mak- 
ing a  will,  the  testatrix  marries,  and  has  issue  of  said  marriage,  born 
either  in  her  lifetime  or  after  her  death,  and  the  husband  or  issue 
survives  her,  the  will  is  revoked,  unless  provision  has  been  made  for 
such  issue  by  some  settlement,  or  unless  such  issue  are  provided  for 
in  the  will,  or  in  such  way  mentioned  therein  as  to  show  an  inten- 
tion not  to  make  such  provision ;  and  no  other  evidence  to  rebut  the 
presumption  of  such  revocation  can  be  received. 

548.  Contract  of  sale  not  revocation. — An  agreement  made  by  a 
testator,  for  the  sale  or  transfer  of  property  disposed  of  by  a  will 
previously  made,  does  not  revoke  such  disposal;  but  the  property 
passes  by  the  will,  subject  to  the  same  remedies  on  the  testator's 
agreement,  for  a  specific  performance  or  otherwise  against  the  lega- 
tees, as  might  be  had  against  the  testator's  successors,  if  the  same 
Iiad  passed  by  succession. 

549.  Mortgage  not  revocation  of  will. — A  charge  or  encumbrance 
upon  any  estate,  for  the  purpose  of  securing  the  payment  of  money 
or  the  performance  of  any  covenant  or  agreement,  is  not  a  revoca- 
tion of  any  will  relating  to  the  same  estate  which  was  previously 
executed;  but  the  legacies  therein  contained  must  pass,  subject  to 
such  charge  or  encumbrance. 

550.  Transfer,  when  not  a  revocation. — A  transfer,  settlement,  or 
other  act  of  a  testator,  by  which  his  interest  in  a  thing  previously 
disposed  of  by  his  will  is  altered,  but  not  wholly  divested,  is  not 


m 


T.  3,  §  651]  THE  CIVIL  CODE 

a  revocation;  but  the  will  passes  the  property  which  would  other- 
wise devolve  by  succession. 

Cboss-Refeeences 

Ademption  of  legacies,  see  section  602  of  this  title. 
Revocation,  see  sections  551  and  552  of  this  title. 

551.  When  it  is  a  revocation. — If  the  instrument  by  which  an 
alteration  is  made  in  the  testator's  interest  in  a  thing  previously  dis- 
posed of  by  his  will  expresses  his  intent  that  it  shall  be  a  revocation, 
or  if  it  contains  provisions  wholly  inconsistent  with  the  terms  and 
nature  of  the  testamentary  disposition,  it  operates  as  a  revocation 
thereof,  unless  such  inconsistent  provisions  depend  on  a  condition 
or  contingency  by  reason  of  which  they  do  not  take  effect. 

552.  Revocation  of  codicils. — The  revocation  of  a  will  revokes  all 
its  codicils. 

553.  Application  of  provisions  as  to  revocations. — The  provisions 
of  this  chapter  in  relation  to  the  revocation  of  wills  apply  to  all 
wills  made  by  any  testator  living  at  the  expiration  of  one  j^ear 
from  the  time  it  takes  effect. 

554.  After-bom  child,  unprovided  for,  to  succeed. — Whenever  a 

testator  has  a  child  born  after  the  making  of  his  will,  either  in 
his  lifetime  or  after  his  death,  and  dies  leaving  such  child  unpro- 
vided for  by  any  settlement,  and  neither  provided  for  nor  in  any 
way  mentioned  in  his  will,  the  child  succeeds  to  the  same  portion 
of  the  testator's  property  that  he  would  have  succeeded  to  if  the 
testator  had  died  intestate. 

Ceos  s-Refebencb 

Succession  by  posthumous  children,  see  sections  291,  590,  and  650  of  this 
title. 

555.  Children  or  issue  of  children  of  testator  unprovided  for  by 
his  will. — ^When  any  testator  omits  to  provide  in  his  will  for  any  of 
his  children,  or  for  the  issue  of  any  deceased  child,  unless  it  appears 
that  such  omission  was  intentional,  such  child,  or  the  issue  of  such 
child,  has  the  same  share  in  the  estate  of  the  testator  as  if  he  had 
died  intestate,  and  succeeds  thereto  as  provided  in  the  next  preceding 
section. 

556.  Share  of  after-born  child,  out  of  what  part  of  estate  to  be 
paid. — When  any  share  of  the  estate  of  a  testator  is  assigned  to  a 
child  born  after  the  making  of  a  willj  or  to  a  child,  or  the  issue  of 
a  child,  omitted  in  the  will,  as  herembefore  mentioned,  the  same 
must  first  be  taken  from  the  estate  not  disposed  of  by  the  will,  if 
any;  if  that  is  not  sufficient,  so  much  as  may  be  necessary  must  be 
taken  from  all  the  legatees,  in  proportion  to  the  value  they  may 
respectively  receive  under  the  will,  unless  the  obvious  intention  of 
the  testator  in  relation  to  some  specific  bequest,  or  other  provision  in 
the  will,  would  thereby  be  defeated ;  in  such  case,  such  specific  legacy 


100 


THE  CIVIL  CODE  [T.  3,  §  560 

or  provision  may  be  exempted  from  such  apportionment,  and  a 
different  apportionment,  consistent  with  the  intention  of  the  testator, 
may  be  adopted. 

557.  Advancement  during  lifetime  of  testator. — If  such  children, 
or  their  descendants,  so  unprovided  for,  had  an  equal  proportion  of 
the  testator's  estate  bestowed  on  them  in  the  testator's  lifetime,  by 
way  of  advancement,  they  take  nothing  in  virtue  of  the  provisions  of 
sections  554  to  556  of  this  title. 

Ceoss-Refeeences 

Advancements  in  cases  of  intestacy,  see  sections  642  to  646  of  this  title. 
Advancements,  question  of,  wlien  raised,  see  title  4,  section  1641. 

558.  Distribution  of  estate  when  legatee  dies  before  testator. — 

When  any  estate  is  bequeathed  to  any  child  or  other  relation  of 
the  testator,  and  the  legatee  dies  before  the  testator,  leaving  lineal 
descendants,  or  any  such  child  or  other  relation  is  named  in  a  will 
as  a  legatee  and  is  dead  at  the  time  the  will  is  executed,  but  leaves 
lineal  descendants  surviving  the  testator,  such  descendants  take  the 
estate  so  given  by  the  will  in  the  same  manner  as  the  legatee  would 
have  done  had  he  survived  the  testator. 

Cboss-Refebences 

"  By  right  of  representation,"  term  defined,  see  section  650  of  this  title. 
Death  of  legatee,  legacy  fails  when,  see  sections  594  and  595  of  this  title. 

559.  Restriction  on  bequests  for  charitable  uses;  exceptions. — 

No  estate  shall  be  bequeathed  to  any  charitable  or  benevolent  society 
or  corporation,  or  to  any  person  or  persons  in  trust  for  charitable 
uses,  except  the  same  be  done  by  will  duly  executed  at  least  thirty 
days  before  the  decease  of  the  testator ;  and  if  so  made  at  least  thirty 
days  prior  to  such  death,  such  legacy  shall  be  valid :  Provided^  That 
no  such  bequest  shall  collectively  exceed  one  third  of  the  estate  of 
the  testator,  leaving  legal  heirs,  and  in  such  case  a  pro  rata  deduc- 
tion from  such  bequests  shall  be  made  so  as  to  reduce  the  aggregate 
thereof  to  one  third  of  such  estate ;  and  all  dispositions  of  property 
made  contrary  hereto  shall  be  void,  and  go  to  the  residuary  legatee, 
next  of  kin,  or  heirs,  according  to  law:  Provided^  however^  That 
nothing  in  this  section  contained  shall  apply  to  bequests  or  devises 
made  by  will  executed  at  least  six  months  prior  to  the  death  of  a 
testator  who  leaves  no  parent,  husband,  wife,  child,  or  grandchild, 
or  when  all  of  such  heirs  shall  have  by  writing,  executed  at  least  six 
months  prior  to  his  death,  waived  the  restriction  contained  herein. 

560.  Execution  of  prior  wills  not  affected. — The  provisions  of  this 
chapter  do  not  impair  the  validity  of  the  execution  of  any  will  made 
before  it  takes  effect. 


101 


T.3,§571] 


THE  CIVIL  CODE 


CHAPTER  24.— INTERPRETATION  OF  WILLS,  AND  EFFECT  OF 
VARIOUS  PROVISIONS 


Sec. 

587.  Words  of  donation  and  of  limitation. 

588.  To  wliat  time  words  refer. 

589.  Bequest  to  a  class. 

590.  When  child  born  after  testator's  death 

takes  under  will. 

591.  Mistakes  and  omissions. 

592.  When  bequests  vest. 

593.  When  cannot  be  divested. 

594.  Death  of  a  legatee. 

595.  Interests  in  remainder  are  not  affected. 

596.  Conditional  bequests. 

597.  Condition    precedent,   what. 
Effect  of  condition  precedent. 
Conditions    precedent,    when    doomed 

performed. 
Conditions    subsequent,   what. 
Legatees  take  as   tenants   in  common. 
Advancements,  when  ademptions. 
603.  Construction    of    prior    wills    not    af- 
fected. 


598. 
599. 

600. 
601. 
602. 


Sec. 

571.  Testator's  intention  to  be  carried  out. 

572.  Intention   to  be  ascertained   from   the 

Will. 

573.  Rules  of  interpretation. 

574.  Several    instruments   are   to   be    taken 

together. 

575.  Harmonizing  various   parts. 

576.  In  what  case  bequest  not  affected. 

577.  When   ambiguous  or  doubtful. 

578.  Words  taken  in  ordinary  sense. 

579.  Words    to    receive    an    operative    con- 

struction. 

580.  Intestacy  to  be  avoided. 

581.  Effect  of  technical  words. 

582.  Technical  words  not  necessary. 

583.  Power    to    devise,    how    executed    by 

terms  of  will. 

584.  Bequest  of  all  of  property. 

585.  Residuary  clause. 

586.  *'  Heirs  ",  "  relatives  ",  "  issue  ",  "  de- 

scendants ",  etc. 

Section  571.  Testator's  intention  to  be  carried  out. — A  will  is  to 
be  construed  according  to  the  intention  of  the  testator.  Where  his 
intention  cannot  have  effect  to  its  full  extent,  it  must  have  effect  as 
far  as  possible. 

Cross-Referencks 

Declaration  of  testator  as  evidence,  see  section  572  of  tliis  title. 
Intention  of  testator,  see  section  622  of  tliis  title. 

572.  Intention  to  be  ascertained  from  the  will. — In  case  of  uncer- 
tainty arising  upon  the  face  of  a  will,  as  to  the  application  of  any 
of  its  provisions,  the  testator's  intention  is  to  be  ascertained  from 
the  words  of  the  will,  taking  into  view  the  circumstances  under 
which  it  was  made,  exclusive  of  his  oral  declarations. 

Cross-Refebence 
Testator's  declarations  as  to  intention,  see  section  591  t>f  tliis  title. 

573.  Rules  of  interpretation. — In  interpreting  a  will,  subject  to 
the  law  of  the  Canal  Zone,  the  rules  prescribed  by  the  following  sec- 
tions of  this  chapter  are  to  be  observed,  unless  an  intention  to  the 
contrary  clearly  appears. 

574.  Several  instruments  are  to  be  taken  together. — Several  tes- 
tamentary instruments,  executed  by  the  same  testator,  are  to  be 
taken  and  construed  together  as  one  instrument. 

575.  Harmonizing  various  parts. — All  the  parts  of  a  will  are  to  be 
construed  in  relation  to  each  other,  and  so  as,  if  possible,  to  form  one 
consistent  whole ;  but  where  several  parts  are  absolutely  irreconcilable 
the  latter  must  prevail. 

576.  In  what  case  bequest  not  affected.— A  clear  and  distinct 
bequest  cannot  be  affected  by  any  reasons  assigned  therefor,  or  by 
any  other  words  not  equally  clear  and  distinct,  or  by  inference  or 
argument  from  other  parts  of  the  will,  or  by  an  inaccurate  recital 
of  or  reference  to  its  contents  in  another  part  of  the  will. 

Cboss-Refeejencb 
Intention  of  testator,  see  sections  572  et  seq.,  of  this  title. 


102 


THE  CIVIL  CODE  [T.  3,  §  58G 

577.  When  ambiguous  or  doubtful. — Where  the  meaning  of  any 
part  of  a  will  is  ambiguous  or  doubtful,  it  may  be  explained  by  any 
reference  thereto,  or  a  recital  thereof,  in  another  part  of  the  will. 

578.  Words  taken  in  ordinary  sense. — The  words  of  a  will  are  to 
be  taken  in  their  ordinary  and  grammatical  sense,  unless  a  clear 
intention  to  use  them  in  another  sense  can  be  collected,  and  that 
other  can  be  ascertained. 

579.  Words  to  receive  an  operative  construction. — The  words  of 
a  will  are  to  receive  an  interpretation  which  will  give  to  every 
expression  some  effect,  rather  than  one  which  will  render  any  of  the 
expressions  inoperative. 

Cboss-Refe:rence 

Harmonizing  various  parts,  see  section  575  of  this  title. 

580.  Intestacy  to  be  avoided. — Of  two  modes  of  interpreting  a 
will,  that  is  to  be  preferred  which  will  prevent  a  total  intestacy. 

581.  Effect  of  technical  words. — Technical  words  in  a  will  are  to 
be  taken  in  their  technical  sense,  unless  the  context  clearly  indicates 
a  contrary  intention,  or  unless  it  satisfactorily  appears  that  the  will 
was  drawn  solely  by  the  testator,  and  that  he  was  unacquainted  with 
such  technical  sense. 

Cross-Referenob 

Technical  words,  laow  construed,  see  sections  11  and  911  of  this  title. 

582.  Technical  words  not  necessary. — Technical  words  are  not 
necessary  to  give  effect  to  any  species  of  disposition  by  a  will. 

583.  Power  to  devise,  how  executed  by  terms  of  will. — Property 
embraced  in  a  power  to  devise,  passes  by  a  will  purporting  to  devise 
all  the  property  of  the  testator. 

584.  Bequest  of  all  of  property. — A  bequest  of  all  of  the  testator's 
property,  in  express  terms,  or  in  any  other  terms  denoting  such 
intent,  passes  all  the  property  which  he  was  entitled  to  dispose  of  by 
will  at  the  time  of  his  death. 

Cboss-Refeben  cb 
General  and  specific  legacies,  see  section  611  of  this  title. 

585.  Residuary  clause.— A  bequest  of  the  residue  of  the  testator's 
personal  property,  passes  all  the  personal  property  which  he  was 
entitled  to  bequeath  at  the  time  of  his  death,  not  otherwise  effectually 
bequeathed  by  his  will. 

586.  "Heirs",  "relatives",  "issue",  "descendants",  etc.— A 

testamentary  disposition  to  "  heirs  ",  "  relations  ",  "  nearest  rela- 
tions ",  "  representatives  ",  "  legal  representatives  ",  or  "  personal 
representatives  "  or  "  family  ",  "  issue  ",  "  descendants  ",  "  nearest  "  or 
"  next  of  kin  "  of  any  person,  without  other  words  of  qualification, 
and  when  the  terms  are  used  as  words  of  donation,  and  not  of  limita- 
tion, vests  the  property  in  those  who  would  be  entitled  to  succeed  to 

103 


T.  3,  §  587]  THE  CIVIL  CODE 

the  property  of  such  person,  according  to  the  provisions  of  chapter 
26  of  this  title  on  succession. 

Cross-Ri:feeence 
"Issue  ",  interpretation  of,  see  section  466  of  this  title. 

587.  Words  of  donation  and  of  limitation. — The  terms  mentioned 
in  the  next  preceding  section  are  used  as  words  of  donation,  and  not 
of  limitation,  when  the  property  is  given  to  the  person  so  designated, 
directly,  and  not  as  a  qualification  of  an  estate  given  to  the  ancestor 
of  such  person. 

588.  To  what  time  words  refer. — Words  in  a  will  referring  to 
death  or  survivorship,  simply,  relate  to  the  time  of  the  testator's 
death,  unless  possession  is  actually  postponed,  when  they  must  be 
referred  to  the  time  of  possession. 

589.  Bequest  to  a  class. — A  testamentary  disposition  to  a  class 
includes  every  person  answering  the  description  at  the  testator's 
death;  but  when  the  possession  is  postponed  to  a  future  period,  it 
includes  also  all  persons  coming  within  the  description  before  the 
time  to  which  possession  is  postponed. 

Ckoss-Reference 
Posthumous  children,  see  section  590  of  this  title. 

590.  When  child  born  after  testator's  death  takes  under  will. — 

A  child  conceived  before,  but  not  born  until  after  a  testator's  death, 
or  any  other  period  when  a  disposition  to  a  class  vests  in  right 
or  in  possession,  takes,  if  answering  to  the  description  of  the  class. 

Ckoss-Refebences 

Child  en  ventre  sa  mere,  see  section  24  of  this  title. 

Succession  by  posthumous  cliildren,  see  sections  291,  554,  and  650  of  this 
title. 

591.  Mistakes  and  omissions. — When,  applying  a  will,  it  is  found 
that  there  is  an  imperfect  description,  or  that  no  person  or  property 
exactly  answers  the  description,  mistakes  and  omissions  must  be 
corrected,  if  the  error  appears  from  the  context  of  the  will  or  from 
extrinsic  evidence;  but  evidence  of  the  declarations  of  the  testator 
as  to  his  intentions  cannot  be  received. 

Ceoss-Refexence 
Evidence  of  intention,  see  section  572  of  this  title. 

592.  When  bequests  vest. — Testamentary  dispositions,  including 
bequests  to  a  person  on  attaining  majority,  are  presumed  to  vest  at 
the  testator's  death. 

593.  When  cannot  be  divested. — A  testamentary  disposition,  when 
vested,  cannot  be  divested  unless  upon  the  occurrence  of  the  precise 
contingency  prescribed  by  the  testator  for  that  purpose. 

Cbos  s-Refeken  ce 

Bequest  to  a  class,  see  section  589  of  this  title. 


104 


THE  CIVIL  CODE  [T.  3,  §  603 

594.  Death  of  a  legatee. — If  a  legatee  dies  during  the  lifetime  of 

the  testator,  the  testamentary  disposition  to  him  fails,  unless  an 
intention  appears  to  substitute  some  other  in  his  place,  except  as 
provided  in  section  558  of  this  title. 

595.  Interests  in  remainder  are  not  affected. — The  death  of  a 
legatee  of  a  limited  interest  before  the  testator's  death  does  not  defeat 
the  interests  of  persons  in  remainder,  who  survive  the  testator. 

596.  Conditional  bequests. — A  conditional  disposition  is  one  which 
depends  upon  the  occurrence  of  some  uncertain  event,  by  which  it 
is  either  to  take  effect  or  be  defeated. 

Cboss-Reifebences 

Conditions  of  ownership,  see  sections  301  et  seq.,  of  this  title. 
Conditional  obligations,  see  sections  691  to  699  of  this  title. 

597.  Condition  precedent,  what. — A  condition  precedent  in  a  will 
is  one  which  is  required  to  be  fulfilled  before  a  particular  disposition 
takes  effect. 

Cross-Reference 

Conditions  precedent,  what  are,  see  sections  302  and  693  of  this  title. 

598.  Effect  of  condition  precedent. — Wliere  a  testamentary  dis- 
position is  made  upon  a  condition  precedent,  nothing  vests  until  the 
condition  is  fulfilled,  excej^t  where  such  fulfillment  is  impossible,  in 
which  case  the  disposition  vests,  unless  the  condition  was  the  sole 
motive  thereof,  and  the  impossibility  was  unknown  to  the  testator, 
or  arose  from  an  unavoidable  event  subsequent  to  the  execution  of 
the  will. 

599.  Conditions  precedent,  when  deemed  performed. — A  condi- 
tion precedent  in  a  will  is  to  be  deemed  performed  when  the  testa- 
tor's intention  has  been  substantially,  though  not  literally,  complied 
with. 

600.  Conditions  subsequent,  what. — A  condition  subsequent  is 
where  an  estate  or  interest  is  so  given  as  to  vest  immediately,  subject 
only  to  be  divested  by  some  subsequent  act  or  event. 

Ckoss-Refebence 
Conditions  subsequent,  see  sections  302  and  695  of  tliis  title. 

601.  Legatees  take  as  tenants  in  common. — A  legacy  given  to 
more  than  one  person  vests  in  them  as  ov/ners  in  common. 

602.  Advancements,  when  ademptions. — Advancements  or  gifts 

are  not  to  be  taken  as  ademptions  of  general  legacies,  unless  such 
intention  is  expressed  by  the  testator  in  writing. 

Cross-Refebence 
Advancement  in  cases  of  intestacy,  see  sections  642  to  646  of  this  title. 

603.  Construction  of  prior  wills  not  affected.— The  provisions  of 
this  chapter  do  not  affect  the  construction  of  any  will  executed  before 
it  takes  effect. 

83063 — 34 8  105 


T.  3,  §  611]  THE  CIVIL  CODE 

CHAPTER  25.— GENERAL  PROVISIONS  RELATING  TO  WILLS 


Sec. 

611.  Nature  and  designation  of  legacies. 

612.  Order  of  resort  to  estate  for  debts. 

613.  Same  for  legacies. 

614.  Legacies,  how  charged  with  debts. 

615.  Abatement. 

616.  Specific  legacies. 

617.  Possession  of  legatees. 

618.  Bequest  of  interest. 

619.  Satisfaction. 


Sec. 

620.  Legacies,  when  due. 

621.  Interest. 

622.  Construction  of  these  rules. 

623.  Executor  according  to  the  tenor. 

624.  Power   given    executor    to    appoint    is 

invalid. 

625.  Executor  not  to  act  till  qualified. 

626.  Liability  of  beneficiaries  for  testator's 

obligations. 


Section  611.  Nature  and  designation  of  legacies. — Legacies  are 
distinguished  and  designated,  according  to  their  nature,  as  follows: 

1.  A  legacy  of  a  particular  thing,  specified  and  distinguished 
from  all  others  of  the  same  kind  belonging  to  the  testator,  is  specific ; 
if  such  legacy  fails,  resort  cannot  be  had  to  the  other  property  of 
the  testator; 

2.  A  legacy  is  demonstrative  when  the  particular  fund  or  personal 
property  is  pointed  out  from  which  it  is  to  be  taken  or  paid ;  if  such 
fund  or  property  fails,  in  whole  or  in  part,  resort  may  be  had  to  the 
general  assets,  as  in  case  of  a  general  legacy ; 

3.  An  annuity  is  a  bequest  of  certain  specified  sums  periodically; 
if  the  fund  or  property  out  of  which  they  are  payable  fails,  resort 
may  be  had  to  the  general  assets,  as  in  case  of  a  general  legacy ; 

4.  A  residuary  legacy  embraces  only  that  which  remains  after  all 
the  bequests  of  the  will  are  discharged ; 

5.  All  other  legacies  are  general  legacies. 

Ceoss-Rbfe:bence 
Legacy  and  annuities,  when  due,  see  section  620  of  this  title. 

612.  Order  of  resort  to  estate  for  debts. — The  property  of  a  tes- 
tator, except  as  otherwise  specially  provided  in  this  title  and  Title  4, 
The  Code  of  Civil  Procedure,  must  be  resorted  to  for  the  payment  of 
debts,  in  the  following  order : 

(1)  The  property  which  is  expressly  appropriated  by  the  will  for 
the  payment  of  the  debts ; 

(2)  Property  not  disposed  of  by  the  will; 

(3)  Property  which  is  devised  or  bequeathed  to  a  residuary 
legatee; 

(4)  Property  which  is  not  specifically  devised  or  bequeathed;  and 

(5)  All  other  property  ratably.  Before  any  debts  are  paid,  the 
expenses  of  the  administration  and  the  allowance  to  the  family  must 
be  paid  or  provided  for. 

613.  Same  for  legacies. — The  property  of  a  testator,  except  as 
otherwise  specially  provided  in  this  title  and  Title  4,  The  Code  of 
Civil  Procedure,  must  be  resorted  to  for  the  payment  of  legacies,  in 
the  following  order: 

(1)  The  property  which  is  expressly  appropriated  by  the  will  for 
the  payment  of  the  legacies. 

(2)  Property  not  disposed  of  by  the  will. 

(3)  Property  which  is  devised  or  bequeathed  to  a  residuary  legatee. 

(4)  Property  which  is  specifically  devised  or  bequeathed. 

Cboss-Refeeences 

Payment  of  legacies,  when  legacies  are  due,  see  section  622  of  this  title. 
When  legacies  may  be  paid,  see  title  4,  sections  1611  et  seq. 

106 


THE  CIVIL  CODE  [T.  3,  §  623 

614.  Legacies,  how  charged  with  debts. — Legacies  to  husband, 
widow,  or  kindred  of  any  class  are  chargeable  only  after  legacies  to 
persons  not  related  to  the  testator. 

615.  Abatement. — Abatement  takes  place  in  any  class  only  as  be- 
tween legacies  of  that  class,  unless  a  different  intention  is  expressed 
in  the  will. 

616.  Specific  legacies. — In  a  specific  legacy,  the  title  passes  by  the 
will,  but  possession  can  onl}^  be  obtained  from  the  personal  repre- 
sentative; and  he  may  be  authorized  by  the  district  court  to  sell 
the  property  devised  and  bequeathed  in  the  cases  herein  provided. 

Cross-Rei'ebencb 
How  title  passes  in  cases  of  intestacy,  see  section  633  of  this  title. 

617.  Possession  of  legatees. — Wliere  specific  legacies  are  for  life 
only,  the  first  legatee  must  sign  and  deliver  to  the  second  legatee, 
or,  if  there  is  none,  to  the  personal  representative,  an  inventory  of 
the  property,  expressing  that  the  same  is  in  his  custody  for  life  only, 
and  that,  on  his  decease,  it  is  to  be  delivered  and  to  remain  to  the 
use  and  for  the  benefit  of  the  second  legatee,  or  to  the  personal 
representative,  as  the  case  may  be. 

618.  Bequest  of  interest. — In  case  of  a  bequest  of  the  interest  or 
income  of  a  certain  sum  or  fund,  the  income  accrues  from  the 
testator's  death. 

Cross-References 

Accumulations,  see  section  321  of  this  title. 

Annuities  commence  at  testator's  death,  see  section  ()20  of  this  title. 

619.  Satisfaction. — A  legacy,  or  a  gift  in  contemplation,  fear,  or 
peril  of  death,  may  be  satisfied  before  death. 

620.  Legacies,  when  due. — Legacies  are  due  and  deliverable  at  the 
expiration  of  one  year  after  the  testator's  decease.  Annuities  com- 
mence at  the  testator's  decease. 

Cross-Refeeence 
Legacies  payable  after  four  months,  see  title  4,  section  1611. 

621.  Interest. — Legacies  bear  interest  from  the  time  when  they  are 
due  and  payable,  except  that  legacies  for  maintenance,  or  to  the 
testator's  widow,  bear  interest  from  the  testator's  decease. 

622.  Construction  of  these  rules. — Sections  618  to  621  of  this  title 
are  in  all  cases  to  be  controlled  by  a  testator's  express  intention. 

Cross-Refeeencb 
Intention  of  testator,  see  section  571  of  this  title. 

623.  Executor  according  to  the  tenor. — Wliere  it  appears,  by  the 
terms  of  a  will,  that  it  was  the  intention  of  the  testator  to  commit 
the  execution  thereof  and  the  administration  of  his  estate  to  an}^ 
person  as  executor,  such  person,  although  not  named  executor,  is 
entitled  to  letters  testamentary  in  like  manner  as  if  he  had  been 
named  executor. 

Cross-Refeeence 

Api)ointment  of  executors,  see  title  4,  sections  1281  et  seq. 

107 


T.  3,  §  624] 


TEE  CIVIL  CODE 


624.  Power  given  executor  to  appoint  is  invalid. — An  authority 

to  an  executor  to  appoint  an  executor  is  void. 

Ckoss-Referencb 
Executor  of  executor,  see  title  4,  section  1287. 

625.  Executor  not  to  act  till  qualified. — No  person  has  any  power, 
as  an  executor,  until  he  qualifies,  except  that,  before  letters  have 
been  issued,  he  may  pay  funeral  charges  and  take  necessary  measures 
for  the  preservation  of  the  estate. 

CROSS-REFEatENCES 

Payment  of  debts,  see  section  612  of  this  title. 
Qualification  of  executor,  see  title  4,  sections  1351  et  seq. 

626.  Liability  of  beneficiaries  for  testator's  obligations. — Those 
to  whom  property  is  given  by  will  are  liable  for  the  obligations  of 
the  testator  in  the  cases  and  to  the  extent  prescribed  by  Title  4,  The 
Code  of  Civil  Procedure. 

CHAPTER  26.— SUCCESSION 


635. 
636. 
637. 

638. 

639. 


Sec. 

644.  What  are  advancements. 

645.  Value    of    advancements,    how    deter- 

mined. 

646.  When    heir,   advanced   to,   dies   before 

decedent. 

647.  Inheritance  of  husband  and  wife  from 

each  other. 

648.  Community     property     on     death     of 

spouse. 

649.  Community    property    subject    to    ad- 

ministration ;    exception  ;   husband's 
control  after  death  of  wife. 

650.  Inheritance  by  representation. 

651.  Aliens   may   inherit,    when,    and   how. 

652.  Escheat  of  property. 

653.  Successor  liable  for  decedent's  obliga- 

tions. 

654.  Person   convicted   of  murder   of  dece- 

dent not  to  succeed. 


Sec. 

631.  Succession  defined. 

632.  Intestate's  estate,  to  whom  passes. 

633.  Succession    to   and   distribution   of   es- 

tate  of   deceased  person. 

634.  Illegitimate  children  to  inherit  in  cer- 

tain  events. 

Succession  to  illegitimate  child. 

Degrees  of  kindred,   how  computed. 

Same ;  direct  and  collateral  consan- 
guinity. 

Same  ;  direct  line  descending,  and  di- 
rect lino  ascending. 

Same  ;  degrees  in  direct  line. 

640.  Same  ;  degrees  in  collateral  line. 

641.  Relatives  of  the  half  blood. 

642.  Advancements   constitute   part   of   dis- 

tributive share. 

643.  Advancements,  when  too  much,  or  not 

enough. 

Section  631.  Succession  defined. — Succession  is  the  coming  in  of 
another  to  take  the  property  of  one  who  dies  without  disposing 
of  it  by  will. 

632.  Intestate's  estate,  to  whom  passes. — The  property  of  one 
who  dies  without  disposing  of  it  by  will,  passes  to  the  heirs  of  the 
intestate,  subject  to  the  control  of  the  district  court,  and  to  the  posses- 
sion of  any  administrator  appointed  by  that  court,  for  the  purposes 
of  administration. 

Cross-references 

Possession  of  personal  representative,  see  title  4,  sections  1440  and  1521. 
Proceedings  to  determine  heirship,  see  title  4,  section  1621. 

633.  Succession  to  and  distribution  of  estate  of  deceased  per- 
son.— When  any  person  having  title  to  any  estate  not  otherwise  lim- 
ited by  marriage  contract,  dies  without  disposing  thereof  by  will, 
it  is  succeeded  to  and  must  be  distributed,  unless  otherwise  expressly 
provided  in  this  title  and  Title  4,  The  Code  of  Civil  Procedure,  sub- 
ject to  the  payment  of  his  debts,  in  the  following  manner: 


108 


THE  CIVIL  CODE  [T.  3,  §  624 

1.  If  the  decedent  leaves  a  surviving  husband  or  wife,  and  only 
one  child,  or  the  lawful  issue  of  one  child,  in  equal  shares  to  the 
surviving  husband,  or  wife  and  child,  or  issue  of  such  child.  If  the 
decedent  leaves  a  surviving  husband  or  wife,  and  more  than  one  child 
living,  or  one  child  living  and  the  lawful  issue  of  one  or  more  de- 
ceased children,  one  third  to  the  surviving  husband  or  wife,  and  the 
remainder  in  equal  shares  to  his  children  and  to  the  lawful  issue  of 
any  deceased  child,  by  right  of  representation;  but  if  there  is  no 
child  of  decedent  living  at  his  death,  the  remainder  goes  to  all  of  his 
lineal  descendants;  and  if  all  of  the  descendants  are  in  the  same 
degree  of  kindred  to  the  decedent,  they  share  equally,  otherwise  they 
take  according  to  the  right  of  representation.  If  the  decedent  leaves 
no  surviving  husband  or  wife,  but  leaves  issue,  the  whole  estate  goes 
to  such  issue;  and  if  such  issue  consists  of  more  than  one  child 
living,  or  one  child  living  and  the  lawful  issue  of  one  or  more  de- 
ceased children,  then  the  estate  goes  in  equal  shares  to  the  children 
living,  or  to  the  child  living  and  the  issue  of  the  deceased  child  or 
children  by  right  of  representation; 

2.  If  the  decedent  leaves  no  issue,  the  estate  goes  one  half  to  the 
surviving  husband  or  wife,  and  the  other  half  to  the  decedent's  father 
and  mother  in  equal  shares,  and  if  either  is  dead  the  whole  of  said 
half  goes  to  the  other.  If  there  is  no  father  or  mother,  then  one 
half  goes  in  equal  shares  to  the  brothers  and  sisters  of  decedent  and 
to  the  children  or  grandchildren  of  any  deceased  brother  or  sister  by 
right  of  representation.  If  the  decedent  leaves  no  issue,  nor  hus- 
band nor  wife,  the  estate  must  go  to  his  father  and  mother  in  equal 
shares,  or  if  either  is  dead  then  to  the  other ; 

3.  If  there  is  neither  issue,  husband,  wife,  father,  nor  mother  then 
in  equal  shares  to  the  brothers  and  sisters  of  decedent  and  to  the 
children  or  grandchildren  of  any  deceased  brother  or  sister,  by  right 
of  representation; 

4.  If  the  decedent  leaves  a  surviving  husband  or  wife,  and  neither 
issue,  father,  mother,  brother,  sister,  nor  the  children  or  grand- 
children of  a  deceased  brother  or  sister,  the  whole  estate  goes  to  the 
surviving  husband  or  wife; 

5.  If  the  decedent  leaves  neither  issue,  husband,  wife,  father, 
mother,  brother,  nor  sister,  the  estate  must  go  to  the  next  of  kin,  in 
equal  degree,  excepting  that,  when  there  are  two  or  more  collateral 
kindred,  in  equal  degree,  but  claiming  through  different  ancestors, 
those  who  claim  through  the  nearest  ancestor  must  be  preferred  to 
those  claiming  through  an  ancestor  more  remote; 

6.  If  the  decedent  leaves  several  children,  or  one  child  and  the 
issue  of  one  or  more  children,  and  any  such  surviving  child  dies 
under  age  and  not  having  been  married,  all  the  estate  that  came  to 
the  deceased  child  by  inheritance  from  such  decedent  descends  in 
equal  shares  to  the  other  children  of  the  same  parent  and  to  the 
issue  of  any  such  other  children  who  are  cfead  by  right  of 
representation ; 

7.  If,  at  the  death  of  such  child,  who  dies  under  age,  not  having 
been  married,  all  the  other  children  of  his  parents  are  also  dead, 
and  any  of  them  has  left  issue,  the  estate  that  came  to  such  child 
by  inheritance  from  his  parent  descends  to  the  issue  of  all  other 

109 


T.  3,  §  634]  THE  CIVIL  CODE 

children  of  the  same  parent;  and  if  all  the  issue  are  in  the  same 
degree  of  kindred  to  the  child,  they  share  the  estate  equally,  other- 
wise they  take  according  to  the  right  of  representation ; 

8.  If  the  deceased  is  a  widow,  or  widower,  and  leaves  no  issue, 
and  the  estate,  or  any  portion  thereof,  was  common  property  of  such 
decedent  and  his  or  her  deceased  spouse,  while  such  spouse  was  living, 
such  property  goes  in  equal  shares  to  the  children  of  such  deceased 
spouse  and  to  the  descendants  of  such  children  by  right  of  repre- 
sentation, and  if  none,  then  one  half  of  such  common  property  goes 
to  the  father  and  mother  of  such  decedent  in  equal  shares,  or  to  the 
survivor  of  them  if  either  be  dead,  or  if  both  be  dead,  then  in  equal 
shares  to  the  brothers  and  sisters  of  such  decedent  and  to  the 
descendants  of  any  deceased  brother  or  sister  by  right  of  represen- 
tation, and  the  other  half  goes  to  the  father  and  mother  of  such 
deceased  spouse  in  equal  shares,  or  to  the  survivor  of  them  if  either 
be  dead,  or  if  both  be  dead,  then  in  equal  shares  to  the  brothers  and 
sisters  of  such  deceased  spouse  and  to  the  descendants  of  any  deceased 
brother  or  sister  by  right  of  representation. 

If  the  estate,  or  any  portion  thereof,  was  separate  property  of 
such  deceased  spouse,  while  living,  and  came  to  such  decedent  from 
such  spouse  by  descent  or  bequest,  such  property  goes  in  equal  shares 
to  the  children  of  such  spouse  and  to  the  descendants  of  any  deceased 
child  by  right  of  representation,  and  if  none,  then  to  the  lather  and 
mother  of  such  spouse,  in  equal  shares,  or  to  the  survivor  of  them  if 
either  be  dead,  or  if  both  be  dead,  then  in  equal  shares  to  the  brothers 
and  sisters  of  such  spouse  and  to  the  descendants  of  any  deceased 
brother  or  sister  by  right  of  representation. 

9.  If  the  decedent  leaves  no  husband,  wife,  or  kindred,  and  there 
are  no  heirs  to  take  his  estate  or  any  portion  thereof,  under  sub- 
division 8  of  this  section,  the  same  escheats  to  the  United  States. 

Ceoss-Refe:bence8 

Administration  of  intestates'  estates,  see  title  4,  sections  1303  and  1311  et  seq. 
Escheat,  proceedings  on,  see  title  4,  sections  1181  et  seq. 

634.  Illegitimate  children  to  inherit  in  certain  events. — Every 

illegitimate  child  is  an  heir  of  the  person  who,  in  writing,  signed 
in  the  presence  of  a  competent  witness,  acknowledges  himself  to 
be  the  father  of  such  child ;  and  in  all  cases  is  an  heir  of  his  mother ; 
and  inherits  his  or  her  estate,  in  whole  or  in  part,  as  the  case  may 
be,  in  the  same  manner  as  if  he  had  been  born  in  lawful  wedlock, 
but  he  does  not  represent  his  father  or  mother  by  inheriting  any 
part  of  the  estate  of  his  or  her  kindred,  either  lineal  or  collateral, 
unless,  before  his  death,  his  parents  shall  have  intermarried,  and  his 
father,  after  such  marriage,  acknowledges  him  as  his  child,  or  adopts 
him  into  his  family;  in  which  case  such  child  and  all  the  legitimate 
children  are  considered  brothers  and  sisters,  and  on  the  death  of 
either  of  them,  intestate,  and  without  issue,  the  others  inherit  his 
estate,  and  are  heirs,  as  hereinbefore  provided,  in  like  manner  as  if 
all  the  children  had  been  legitimate ;  saving  to  the  father  and  mother, 
respectively,  their  rights  in  the  estates  of  all  the  children  in  like 


110 


THE  CIVIL  CODE  [T.  3,  §  G41 

maimer  as  if  all  had  been  legitimate.  The  issue  of  all  marriages  null 
in  law,  or  dissolved  by  divorce,  are  legitimate. 

Cboss-Repekencics 

Adoption  of  illegitimate  child,  see  section  196  of  this  title. 

Children  of  annulled  marriage  legitate,  see  section   57   of  this  title. 

Divorce  not  to  affect  legitimacy,  see  section  118  of  this  title. 

635.  Succession  to  illegitimate  child. — The  estate  of  an  illegiti- 
mate child,  who,  having  title  to  any  estate  not  otherwise  limited  by 
marriage  contract,  dies  without  disposing  thereof  by  will,  is  succeeded 
to  as  if  he  had  been  born  in  lawful  wedlock  if  he  has  been  legitimated 
by  a  subsequent  marriage  of  his  parents,  or  adopted  by  his  father  as 
provided  by  section  196  of  this  title ;  otherwise,  it  is  succeeded  to  as 
if  he  had  been  born  in  lawful  wedlock  and  had  survived  his  father 
and  all  persons  related  to  him  only  through  his  father. 

636.  Degrees  of  kindred,  how  computed. — The  degree  of  kindred 
is  established  by  the  number  of  generations,  and  each  generation  is 
called  a  degree. 

637.  Same;  direct  and  collateral  consanguinity. — The  series  of 
degrees  forms  the  line;  the  series  of  degrees  between  persons  who 
descend  from  one  another  is  called  direct  or  lineal  consanguinity; 
and  the  series  of  degrees  between  persons  who  do  not  descend  from 
one  another,  but  spring  from  a  common  ancestor,  is  called  the  col- 
lateral line  or  collateral  consanguinity. 

638.  Same;  direct  line  descending,  and  direct  line  ascending.— 

The  direct  line  is  divided  into  a  direct  line  descending  and  a  direct 
line  ascending.  The  first  is  that  which  connects  the  ancestor  with 
those  who  descend  from  him.  The  second  is  that  which  connects  a 
person  with  those  from  whom  he  descends. 

639.  Same;  degrees  in  direct  line.— In  the  direct  line  there  are  as 
many  degrees  as  there  are  generations.  Thus,  the  son  is,  with  regard 
to  the  father,  in  the  first  degree;  the  grandson  in  the  second;  and 
vice  versa  with  regard  to  the  father  and  grandfather  toward  the 
sons  and  grandsons. 

640.  Same;  degrees  in  collateral  line. — In  the  collateral  line  the 
degrees  are  counted  by  generations,  from  one  of  the  relations  up  to 
the  common  ancestor,  and  from  the  common  ancestor  to  the  other 
relations.  In  such  computation  the  decedent  is  excluded,  the  relative 
included,  and  the  ancestor  counted  but  once.  Thus,  brothers  are 
related  in  the  second  degree ;  uncle  and  nephew  in  the  third  degree ; 
cousins-german  in  the  fourth,  and  so  on. 

641.  Relatives  of  the  half  blood. — Kindred  of  the  half  blood  in- 
herit equally  with  those  of  the  whole  blood  in  the  same  degree,  unless 
the  inheritance  come  to  the  intestate  by  descent  or  gift  of  some  one 
of  his  ancestors,  in  which  case  all  those  who  are  not  of  the  blood 
of  such  ancestors  must  be  excluded  from  such  inheritance. 

Cross-Reference 

Kindred  of  half  blood  as  administrators,  see  title  4,  section  1312. 


Ill 


T.  3,  §  642]  THE  CIVIL  CODE 

642.  Advancements  constitute  part  of  distributive  share. — Any 

estate  given  by  the  decedent  in  his  lifetime  as  an  advancement  to  any 
child,  or  other  heir,  is  a  part  of  the  estate  of  the  decedent  for  the 
purposes  of  division  and  distribution  thereof  among  his  heirs,  and 
must  be  taken  by  such  child,  or  other  heir,  toward  his  share  of  the 
estate  of  the  decedent. 

Ckoss-Reference 

Advancements,  see  sections  557  and  602  of  this  title. 

643.  Advancements,  when  too  much,  or  not  enough. — If  the 

amount  of  such  advancement  exceeds  the  share  of  the  heir  receiving 
the  same,  he  must  be  excluded  from  any  further  portion  in  the 
division  and  distribution  of  the  estate,  but  he  must  not  be  required 
to  refund  any  part  of  such  advancement;  and  if  the  amount  so 
received  is  less  than  his  share,  he  is  entitled  to  so  much  more  as  will 
give  him  his  full  share  of  the  estate  of  the  decedent. 

644.  What  are  advancements. — All  gifts  and  grants  are  made  as 
advancements,  if  expressed  in  the  gift  or  grant  to  be  so  made,  or 
if  charged  in  writing  by  the  decedent  as  an  advancement,  or  acknowl- 
edged in  writing  as  such,  by  the  child  or  other  successor  or  heir. 

645.  Value  of  advancements,  how  determined. — If  the  value  of  the 

estate  so  advanced  is  expressed  in  the  grant,  or  in  the  charge  thereof 
made  by  the  decedent,  or  in  the  aclinowledgment  of  the  party  receiv- 
ing it,  it  must  be  held  as  of  that  value  in  the  division  and  distribution 
of  the  estate ;  otherwise,  it  must  be  estimated  according  to  its  value 
when  given,  as  nearly  as  the  same  can  be  ascertained. 

646.  When  heir,  advanced  to,  dies  before  decedent. — If  any  child, 

or  other  heir  receiving  advancement,  dies  before  the  decedent,  leav- 
ing heirs,  the  advancement  must  be  taken  into  consideration  in  the 
division  and  distribution  of  the  estate,  and  the  amount  thereof  must 
be  allowed  accordingly  by  the  representatives  of  the  heirs  receiving 
the  advancement,  in  like  manner  as  if  the  advancement  had  been 
made  directly  to  them. 

647.  Inheritance  of  husband  and  wife  from  each  other. — The 

provisions  of  the  preceding  sections  of  this  chapter,  as  to  the  inherit- 
ance of  the  husband  and  wife  from  each  other,  apply  only  to  the 
separate  property  of  the  decedents. 

648.  Community  property  on  death  of  spouse. — Upon  the  death 
of  either  husband  or  wife,  one  half  of  the  community  property  be- 
longs to  the  surviving  spouse;  the  other  half  is  subject  to  the  testa- 
mentary disposition  of  the  decedent,  and  in  the  absence  thereof  goes 
to  the  surviving  spouse,  subject  to  the  provisions  of  the  section  next 
following. 

649.  Community  property  subject  to  administration;  exception; 
husband's  control  after  death  of  wife. — Community  property  pass- 
ing from  the  control  of  the  husband  by  reason  of  his  death  is 
subject  to  administration,  liis  debts,  family  allowance,  and  the 
charges  and  expenses  of  administration :  Provided.,  Jwioevei\  That 
the  clothing  of  the  decedent  and  the  household  effects  not  exceeding 


112 


THE  CIVIL  CODE  [T.  3,  §  654 

in  value  $2,500  shall  go  to  the  surviving  wife  without  administration, 
and  shall  not  be  subject  to  the  debts  and  allowance  aforesaid. 

Community  propertj^  passing  from  the  control  of  the  husband  by 
virtue  of  testamentary  disposition  by  the  wife  is  subject  to  adminis- 
tration, his  debts,  and  the  charges  and  expenses  of  administration, 
but  the  husband,  pending  administration,  shall  retain  the  same  power 
to  sell,  manage  and  deal  with  the  community  personal  property  as 
he  had  in  her  lifetime;  and  his  possession  and  control  of  the  com- 
munity property  shall  not  be  transferred  to  the  personal  represent- 
ative of  the  wife,  except  to  the  extent  necessary  to  carry  her  will 
into  effect. 

Ckoss-Reifebence 

Community  property,  defined,  see  sections  140  and  280  of  this  title. 

650.  Inheritance  by  representation. — Inheritance  or  succession 
"  by  right  of  representation  "  takes  place  when  the  descendants  of 
anj'^  deceased  heir  take  the  same  share  or  right  in  the  estate  of  an- 
other person  that  their  parents  would  have  taken  if  living.  Posthu- 
mous children  are  considered  as  living  at  tlie  death  of  their  parents. 

651.  Aliens  may  inherit,  when,  and  how. — Resident  aliens  may 
take  in  all  cases  by  succession  as  citizens;  and  no  person  capable  of 
succeeding  under  the  provisions  of  this  chapter  is  precluded  from 
such  succession  by  reason  of  the  alienage  of  any  relative;  but  no 
nonresident  foreigner  can  take  by  succession  unless  he  appears  and 
claims  such  succession  within  five  years  after  the  death  of  the 
decedent  to  whom  he  claims  succession. 

Oross-Refekences 

See,  also,  section  262  of  this  title. 

Time  to  claim  succession,  see  section  263  of  this  title. 

652.  Escheat  of  property. — If  a  person  dies  owning  any  property 
situated  in  the  Canal  Zone  and  leaving  no  heir,  next  of  kin,  legatee, 
or  other  person  entitled  thereto,  such  property  shall  escheat  to 
the  United  States.  (Dec.  29,  1926,  ch.  19,  sec.  17,  44  Stat.  930;  Feb. 
27,  1933,  ch.  128,  sec.  421,  47  Stat.  1182.) 

Cross-Refekences 

See,  also,  section  633  (9)  of  this  title. 

Escheat,  proceedings  on,  see  title  4,  sections  1181  et  seq. 

653.  Successor  liable  for  decedent's  obligations. — Those  who  suc- 
ceed to  the  property  of  a  decedent  are  liable  for  his  obligations  in 
the  cases  and  to  the  extent  prescribed  by  Title  4,  The  Code  of  Civil 
Procedure. 

654.  Persons  convicted  of  murder  of  decedent  not  to  succeed. — 

No  person  who  has  been  convicted  of  the  murder  of  the  decedent 
shall  be  entitled  to  succeed  to  any  portion  of  his  estate;  but  the 
portion  thereof  to  which  he  would  otherwise  be  entitled  to  succeed 
descends  to  the  other  persons  entitled  thereto  under  the  provisions  of 
this  chapter. 


113 


T.  3,  §  661] 


THE  CIVIL  CODE 


CHAPTER  27.— OBLIGATIONS  IN  GENERAL 


Art.  Sec. 

1.  Definition  of  obligations 661 

2.  Interpretation  of  obligations 671 


Art.  Sec. 

3.  Transfer  of  obligations 711 

4.  Extinction  of  obligations 721 


ARTICLE  1.— DEFINITION  OF  OBLIGATIONS 

Sec.  I    Sec. 

661.  Obligation,  what.  |    662.  How  created  and  enforced. 

Section  661.  Obligation,  what. — An  obligation  is  a  legal  duty,  by 
which  a  j^erson  is  bound  to  do  or  not  to  do  a  certain  thing. 

662.  How  created  and  enforced. — An  obligation  arises  either 
from : 

(1)  The  contract  of  the  parties ;  or 

(2)  The  operation  of  law.  An  obligation  arising  from  operation 
of  law  may  be  enforced  in  the  manner  provided  by  law,  or  by  civil 
action  or  proceeding. 

ARTICLE  2.— INTERPRETATION  OF  OBLIGATIONS 


A.  General  Rules  of  Interpretation 

Sec. 

671.  General  rules. 

B.  Joint  oe  Several  Obligations 

681.  Obligations,  joint  or  several,  etc. 

682.  When  joint. 

683.  Contribution  between  joint  parties. 

C.  Conditional  Obligations 

691.  Obligation,  when  conditional. 

692.  Conditions,  kinds  of. 

693.  Condition   precedent. 

694.  Conditions  concurrent 


Sec. 
695. 
696. 


Conditions  subsequent. 
Performance,  etc.,  of  conditions,  when 
essential. 

697.  When  performance,  etc.,  excused. 

698.  Impossible  or  unlawful  conditions  void. 

699.  Conditions    involving    forfeiture,    how 

construed. 

D.  Alternative  Obligations 

701.  Who  has  the  right  of  selection. 

702.  Right  of  selection,  how  lost. 

703.  Alternatives  indivisible. 

704.  Nullity  of  one  or  more  of  alternative 

obligations. 


A.    GENERAL  RULES  OF  INTERPRETATION 

671.  General  rules. — The  rules  which  govern  the  interpretation  of 
contracts  are  prescribed  by  chapter  30  of  this  title.  Other  obliga- 
tions are  interpreted  by  the  same  rules  by  which  statutes  of  a  similar 
nature  are  interpreted. 

B.    JOINT  OR  SEVERAL  OBLIGATIONS 

681.  Obligations,  joint  or  several,  etc. — An  obligation  imposed 
upon  several  persons,  or  a  right  created  in  favor  of  several  persons, 
may  be: 

1.  Joint; 

2.  Several;  or 

3.  Joint  and  several. 

682.  When  joint. — An  obligation  imposed  upon  several  persons, 
or  a  right  created  in  favor  of  several  persons,  is  presumed  to  be 
joint,  and  not  several,  except  in  the  special  cases  mentioned  in  the 
chapter  on  the  interpretation  of  contracts.  This  presumption,  in 
the  case  of  a  right,  can  be  overcome  only  by  express  words  to  the 
contrary. 

Cros  s-Referen  ces 

Promi.se  joined  in  by  several,  all  of  whom  receive  some  benefit,  is  presumed 
to  he  joint  and  several,  see  section  924  of  this  title. 

Promise  in  the  singular,  but  executed  by  several,  is  presumed  to  he  joint  and 
several,  see  section  925  of  this  title. 

114 


THE  CIVIL  CODE  [T.  3,  §  69C 

683.  Contribution  between  joint  parties. — A  party  to  a  joint,  or 
joint  and  several  obligation,  who  satisfies  more  than  his  share  of  the 
claim  against  all,  may  require  a  proportionate  contribution  from  all 
the  parties  joined  with  him. 

Cross-Referencb 
Surety  acquires  rights  of  creditors,  see  section  2145  of  this  title. 

C.      CONDITIONAL  OBLIGATIONS 

691.  Obligation,  when  conditional. — An  obligation  is  conditional, 
when  the  rights  or  duties  of  any  party  thereto  depend  upon  the 
occurrence  of  an  uncertain  event. 

692.  Conditions,  kinds  of. — Conditions  may  be  precedent,  con- 
current, or  subsequent. 

Ceos  s-Refebeitces 

Conditional  legacies,  see  sections  596  and  597  of  this  title. 
Conditions  concuiTent,  see  section  694  of  this  title. 
Conditions  of  ownership,  see  sections  301  to  305  of  this  title. 
Conditions  precedent,  see  section  693  of  this  title. 
Conditions  subsequent,  see  section  695  of  this  title. 

693.  Condition  precedent. — A  condition  precedent  is  one  which 
is  to  be  performed  before  some  right  dependent  thereon  accrues,  or 
some  act  dependent  thereon  is  performed. 

Cboss-Referenoe 
Conditions  precedent,  see  sections  301  to  303,  597  and  744  of  this  title. 

694.  Conditions  concurrent. — Conditions  concurrent  are  those 
which  are  mutually  def)endent,  and  are  to  be  performed  at  the 
same  time. 

Cboss-Reference 

Concurrent  conditions,  performance  of,  see  section  744  of  this  title. 

695.  Conditions  subsequent. — A  condition  subsequent  is  one  refer- 
ring to  a  future  event,  upon  the  happening  of  which  the  obligation 
becomes  no  longer  binding  upon  the  other  party,  if  he  chooses  to 
avail  himself  of  the  condition. 

Cross-Refebencb 
Conditions  subsequent,  see  sections  302  and  600  of  this  title. 

696.  Performance,  etc.,  of  conditions,  when  essential. — Before 
any  party  to  an  obligation  can  require  another  party  to  perform 
any  act  under  it,  he  must  fulfill  all  conditions  precedent  thereto 
imposed  upon  himself  and  must  be  able  and  offer  to  fulfill  all  condi- 
tions concurrent  so  imposed  upon  him  on  the  like  fulfillment  by  the 
other  party,  except  as  provided  by  the  section  next  following. 

Ckos  s-Refebences 

Concurrent  or  precedent  conditions,  perfonnance  of,  see  section  744  of  this 
title. 
Impossible  conditions  void,  see  section  698  of  this  title. 

115 


T.  3,  §  697] 


THE  CIVIL  CODE 


697.  When  performance,  etc.,  excused. — If  a  party  to  an  obliga- 
tion gives  notice  to  another,  before  the  latter  is  in  default,  that  he 
^^'ill  not  perform  the  same  upon  his  part,  and  does  not  retract  such 
notice  before  the  time  at  which  performance  upon  his  part  is  due, 
such  other  party  is  entitled  to  enforce  the  obligation  without  previ- 
ously performing  or  offering  to  perform  any  conditions  upon  his 
part  in  favor  of  the  former  party. 

Ceos  s-Refekences 

Excuse  of  performance,  see  section  761  of  this  title. 

Refusal  to  accept  performance  before  the  time  to  perform,  see  section  764  of 
this  title. 

698.  Impossible  or  unlawful  conditions  void. — A  condition  in  a 
contract,  the  fulfillment  of  which  is  impossible  or  unlawful  within 
the  meaning  of  sections  851  to  855  of  this  title,  or  which  is  repug- 
nant to  the  nature  of  the  interest  created  by  the  contract,  is  void. 

Cros  s-Refeeences 

Conditions,  when  impossible,  see  sections  852  et  seq.,  of  this  title. 
Object  of  contracts,  see  sections  851  to  855  of  this  title. 
Unlawful  conditions,  see  sections  303  et  seq.,  of  this  title. 

699.  Conditions  involving  forfeiture,  how  construed. — A  condi- 
tion involving  a  forfeiture  must  be  strictly  interpreted  against  the 
party  for  whose  benefit  it  is  created. 

D.    ALTERNATIVE   OBLIGATIONS 

701.  Who  has  the  right  of  selection. — If  an  obligation  requires 
the  performance  of  one  of  two  acts,  in  the  alternative,  the  party 
required  to  perform  has  the  right  of  selection,  unless  it  is  otherwise 
provided  by  the  terms  of  the  obligation. 

702.  Right  of  selection,  how  lost. — If  the  party  having  the  right 

of  selection  between  alternative  acts  does  not  give  notice  of  his 
selection  to  the  other  party  within  the  time,  if  any,  fixed  by  the 
obligation  for  that  purpose,  or,  if  none  is  so  fixed,  before  the  time 
at  which  the  obligation  ought  to  be  performed,  the  right  of  selection 
passes  to  the  other  party. 

703.  Alternatives   indivisible. — The  party   having  the  right  of 

selection  between  alternative  acts  must  select  one  of  them  in  its 
entirety,  and  cannot  select  part  of  one  and  part  of  another  without 
the  consent  of  the  other  party. 

704.  Nullity  of  one  or  more  of  alternative  obligations. — If  one 

of  the  alternative  acts  required  by  an  obligation  is  such  as  the  law 
will  not  enforce,  or  becomes  unlawful,  or  impossible  of  performance, 
the  obligation  is  to  be  interpreted  as  though  the  other  stood  alone. 

ARTICLE   3.— TRANSFER   OF   OBLIGATIONS 


Sec. 

711.  Burden  of  obligation  not  transferable. 

712.  Rights  arising  out  of  obligation  trans- 

ferable. 


Sec. 

713.  Nonnegotiable 
transferred. 


instruments     may     be 


711.  Burden  of  obligation  not  transferable. — The  burden  of  an 
obligation  may  be  transferred  with  the  consent  of  the  party  entitled 
to  its  benefit,  bu*^  not  otherwise. 

116 


THE  CIVIL  CODE 


[T.  3,  §  722 


712.  Rights  arising  out  of  obligation  transferable.— A  right 
arising  out  of  an  obligation  is  the  property  of  the  person  to  whom 
it  is  due,  and  may  be  transferred  as  such. 

Cross-Re:ference8 

Assignment  of  things  in  action,  see  section  372  of  this  title. 
Incidents  following  things  transferred,  see  section  472  of  this  title. 
Literary  property  is  assignable,  see  section  383  of  this  title. 
Mere  possibility  cannot  be  transferred,  see  section  442  of  this  title. 
Nonnegotiable  instrument  transferable  by  indorsement,  see  section  713  of  this 
title. 

Products  of  the  mind,  assignment  of,  see  section  383  of  this  title. 
Property  of  any  kind  may  be  transferred,  see  section  441  of  this  title. 

713.  Nonnegotiable  instruments  may  be  transferred. — A  non- 
negotiable  written  contract  for  the  payment  of  money  or  personal 
property  may  be  transferred  by  indorsem.ent,  in  like  manner  with 
negotiable  instruments.  Such  indorsement  shall  transfer  all  the 
rights  of  the  assignor  under  the  instrument  to  the  assignee,  subject 
to  all  equities  and  defenses  existing  in  favor  of  the  maker  at  the 
time  of  the  indorsement. 

ARTICLE  4.— EXTINCTION  OF  OBLIGATIONS 


Sec. 
721. 

722. 

723. 
724. 

725. 
726. 
727. 


731, 

732. 
733. 
734. 
735. 
736. 
737. 
738. 

739. 
740. 
741. 
742. 

743. 
744. 
745. 
746. 

747. 
748. 


A.  Performance 

Obligation  extinguished  by  perform- 
ance. 

Performance  by  one  of  .several  joint 
debtors. 

Performance  to  one  of  joint  creditors. 

Effect  of  directions  by  creditors. 

Partial  performance. 

Payment,  what. 

Application  of  general  performance. 

B.  Offke  OB"  Perfokmancb 

Obligation  extinguished  by  offer  of  per- 
formance. 

Offer  of  partial  performance. 

By  whom  to  be  made. 

To  whom  to  be  made. 

Where  offer  may  be  made. 

When  offer  must  be  made. 

Same. 

Compensation  after  delay  in  perform- 
ance. 

Offer  to  be  made  in  good  faith. 

Conditional  offer. 

Ability  and  willingness  essential. 

Production  of  thing  to  be  delivered  not 
necessary. 

Thing  offered  to  be  kept  separate. 

Performance  of  condition  precedent. 

Written  receipts. 

Extinction  of  pecuniary  obligation. 

Objections  to  mode  of  offer. 

Title  to  thing  offered. 


Sec. 

749.  Custody  of  thing  oflfered. 

750.  Effect  of  offer  on  accessories  of  obli- 

gation. 

751.  Creditor's  retention  of  thing  which  he 

refuses  to  accept. 

C.  Prevention  of  Performance  or 
Offer 

761.  What  excuses  performance,  etc. 

762.  Effect  of  prevention  of  performance. 

763.  Same. 

764.  Effect  of  refusal  to  accept  performance 

before  offer. 

D.  Accord  and  Satisfaction 

771.  Accord,  what. 

772.  Effect  of  accord. 

773.  Satisfaction,  what. 

774.  Part  performance. 

B.  Novation 

781.  Novation,  what. 

782.  Modes  of  novation. 

783.  Novation  a  contract. 

784.  Rescission  of  novation. 

F.    RELEASE 

791.  Obligation  extinguished  by  release. 

792.  Certain  claims  not  affected  by  general 

release. 

793.  Release  of  one  of  several  joint  debtors. 


A.    PERFORMANCE 

721.  Obligation  extinguished  by  performance.— Full  perform- 
ance of  an  obligation,  by  the  party  whose  duty  it  is  to  perform  it, 
or  by  any  other  person  on  his  behalf,  and  with  his  assent,  if  accepted 
by  the  creditor,  extinguishes  it. 

722.  Performance  by  one  of  several  joint  debtors. — Perform- 
ance of  an  obligation  by  one  of  several  persons  who  are  jointly 
liable  under  it  ex^^inguishes  the  liability  of  all. 


117 


T.  3,  §  723]  THE  CIVIL  CODE 

723.  Performance  to  one  of  joint  creditors. — An  obligation  in 
favor  of  joint  creditors  is  extinguished  by  performance  rendered 
to  any  of  them,  except  in  the  case  of  a  deposit  made  by  joint  owners, 
which  is  regulated  by  chapters  36  to  38  of  this  title  on  deposit. 

Cboss-Refekencb 
Performance  to  one  of  joint  creditors,  see  section  1107  of  tliis  title. 

724.  Effect  of  directions  by  creditors. — If  a  creditor,  or  any  one 
of  two  or  more  joint  creditors,  at  any  time  directs  the  debtor  to 
perform  his  obligation  in  a  particular  manner,  the  obligation  is 
extinguished  by  performance  in  that  manner,  even  though  the 
creditor  does  not  receive  the  benefit  of  such  performance. 

725.  Partial  performance. — A  partial  performance  of  an  indivis- 
ible obligation  extinguishes  a  corresponding  proportion  thereof  if 
the  benefit  of  such  performance  is  voluntarily  retained  by  the  cred- 
itor, but  not  otherwise.  If  such  partial  performance  is  of  such  a 
nature  that  the  creditor  cannot  avoid  retaining  it  without  injuring 
his  own  property,  his  retention  thereof  is  not  presumed  to  be 
voluntary. 

Cboss-Refekenob 

Effect  of  part  performance,  see  sections  732,  774,  and  2114  of  this  title. 

726.  Payment,  what. — Performance  of  an  obligation  for  the 
delivery  of  money  only  is  called  payment. 

Cross-Reperbnce 
Tender,  effect  of,  see  sections  746  and  750  of  this  title. 

727.  Application  of  general  performance. — Where  a  debtor,  under 
several  obligations  to  another,  does  an  act,  by  way  of  performance, 
in  whole  or  in  part,  which  is  equally  applicable  to  two  or  more  of 
such  obligations,  such  performance  must  be  applied  as  follows : 

(1)  If,  at  the  time  of  performance,  the  intention  or  desire  of  the 
debtor  that  such  performance  should  be  applied  to  the  extinction  of 
any  particular  obligation,  be  manifested  to  the  creditor,  it  must  be 
so  applied. 

(2)  If  no  such  application  be  then  made,  the  creditor,  within  a 
reasonable  time  after  such  performance,  may  apply  it  toward  the 
extinction  of  any  obligation,  performance  of  which  was  due  to  him 
from  the  debtor  at  the  time  of  such  performance;  except  that  if 
similar  obligations  were  due  to  him  both  individually  and  as  a 
trustee,  he  must,  unless  otherwise  directed  by  the  debtor,  apply  the 
performance  to  the  extinction  of  all  such  obligations  in  equal  pro- 
portion; and  an  application  once  made  by  the  creditor  cannot  be 
rescinded  without  the  consent  of  the  debtor. 

(3)  If  neither  party  makes  such  application  within  the  time  pre- 
scribed herein,  the  performance  must  be  applied  to  the  extinction  of 
obligations  in  the  following  order;  and,  if  there  be  more  than  one 
obligation  of  a  particular  class,  to  the  extinction  of  all  in  that  class, 
ratably : 

1.  Of  interest  due  at  the  time  of  the  performance. 

118 


THE  CIVIL  CODE  [T.  3,  §  736 

2.  Of  principal  due  at  that  time. 

3.  Of  the  obligation  earliest  in  date  of  maturity. 

4.  Of  an  obligation  not  secured  by  a  lien  or  collateral  undertaking. 
6.  Of  an  obligation  secured  by  a  lien  or  collateral  undertaking. 

B.    OFFER  OF   PERFORMANCE 

731.  Obligation  extinguished  by  offer  of  performance.— An  obli- 
gation is  extinguished  by  an  offer  of  performance,  made  in  con- 
formity to  the  rules  herein  prescribed,  and  with  intent  to  extinguish 
the  obligation. 

Cros  s-Refebences 

By  whom  offer  may  be  made,  see  section  733  of  this  title. 

Duties  of  person  making  tender,  see  section  749  of  this  title. 

Tender  of  payment,  see  sections  746  and  750  of  this  title. 

Tender  of  article  passes  title,  see  sections  748  and  750  of  this  title. 

Objection  to  tender  must  be  specified,  see  title  4,  section  2153. 

Offer  in  writing  equal  to  tender,  payment  or  performance,  see  title  4,  sec- 
tion 2151. 

Tender  equivalent  to  payment  on  redemption  from  execution,  see  title  4, 
section  605. 

732.  Offer  of  partial  performance. — An  offer  of  partial  perform- 
ance is  of  no  effect. 

Cboss-Referencb 

Part  performance,  effect  of,  see  sections  725,  774,  and  2114  of  this  title. 

733.  By  whom  to  be  made. — An  offer  of  performance  must  be 
made  by  the  debtor,  or  by  some  person  on  his  behalf  and  with  his 
assent. 

734.  To  whom  to  be  made. — An  offer  of  performance  must  be 
made  to  the  creditor,  or  to  any  one  of  two  or  more  joint  creditors, 
or  to  a  person  authorized  by  one  or  more  of  them  to  receive  or  col- 
lect what  is  due  under  the  obligation,  if  such  creditor  or  authorized 
person  is  present  at  the  place  where  the  offer  may  be  made ;  and  if 
not,  wherever  the  creditor  may  be  found. 

Ceoss-Referencb 
Where  offer  may  be  made,  see  section  735  of  this  title. 

735.  Where  offer  may  be  made. — In  the  absence  of  an  express 
provision  to  the  contrary,  an  offer  of  performance  may  be  made,  at 
the  option  of  the  debtor : 

1.  At  any  place  appointed  by  the  creditor; 

2.  Wherever  the  person  to  whom  the  offer  ought  to  be  made  can 
be  found; 

3.  If  such  person  cannot  with  reasonable  diligence,  be  found 
within  the  Canal  Zone,  and  within  a  reasonable  distance  from  his 
residence  or  place  of  business,  or  if  he  evades  the  debtor,  then  at 
his  residence  or  place  of  business,  if  the  same  can,  with  reasonable 
diligence,  be  found  within  the  Canal  Zone ;  or 

4.  If  this  cannot  be  done,  then  at  any  place  within  the  Canal  Zone. 

736.  When  offer  must  be  made. — Where  an  obligation  fixes  a 
time  for  its  performance,  an  offer  of  performance  must  be  made  at 
that  time,  within  reasonable  hours,  and  not  before  nor  afterwards. 

119 


T.  3,  §  737]  THE  CIVIL  CODE 

737.  Same. — Wliere  an  obligation  does  not  fix  the  time  for  its 
performance,  an  offer  of  performance  may  be  made  at  any  time 
before  the  debtor,  upon  a  reasonable  demand,  has  refused  to  perform. 

738.  Compensation  after  delay  in  performance. — Where  delay  in 
performance  is  capable  of  exact  and  entire  compensation,  and  time 
has  not  been  expressl}^  declared  to  be  of  the  essence  of  the  obliga- 
tion, an  offer  of  performance,  accompanied  with  an  offer  of  such 
compensation,  may  be  made  at  any  time  after  it  is  due,  but  without 
prejudice  to  any  rights  acquired  by  the  creditor,  or  by  any  other 
person,  in  the  meantime. 

739.  Offer  to  be  made  in  good  faith. — An  offer  of  performance 
must  be  made  in  good  faith,  and  in  such  manner  as  is  most  likelj'^, 
under  the  circumstances,  to  benefit  the  creditor. 

740.  Conditional  offer. — An  offer  of  performance  must  be  free 
from  any  conditions  which  the  creditor  is  not  bound,  on  his  part,  to 
perform. 

Cross-Refebence 

Offer  of  performance  upon  condition,  see  sections  744  and  745  of  this  title. 

741.  Ability  and  willingness  essential. — An  offer  of  performance 
is  of  no  effect  if  the  person  making  it  is  not  able  and  willing  to 
perform  according  to  the  offer. 

742.  Production  of  thing  to  be  delivered  not  necessary. — The 

thing  to  be  delivered,  if  any,  need  not  in  any  case  be  actually  pro- 
duced, upon  an  offer  of  performance,  unless  the  offer  is  accepted. 

743.  Thing  offered  to  be  kept  separate. — A  thing,  when  offered 
by  way  of  performance,  must  not  be  mixed  with  other  things  from 
which  it  cannot  be  separated  immediately  and  without  difficulty. 

Cross-Refebence 

Custody  of  thing  offered,  see  section  749  of  this  title. 

744.  Performance  of  condition  precedent. — When  a  debtor  is  en- 
titled to  the  performance  of  a  condition  precedent  to,  or  concurrent 
with,  performance  on  his  part,  he  may  make  his  offer  to  depend 
upon  the  due  performance  of  such  condition. 

Cross-references 

Conditions  precedent  defined,  see  sections  3,02,  597,  and  693  of  this  title. 
Conditions  subsequent  defined,  see  sections  302,  600,  and  695  of  this  title. 
Performance  of  conditions,  see  section  696  of  this  title. 
Unlawful  and  impossible  conditions  void,  see  sections  303  and  698  of  this  title. 

745.  Written  receipts. — A  debtor  has  a  right  to  require  from  his 
creditor  a  Avritten  receipt  for  any  property  delivered  in  performance 
of  his  obligation. 

Cboss-Referencb 

Whoever  pays  entitled  to  receipt,  see  title  4,  section  2152. 

746.  Extinction  of  pecuniary  obligation. — An  obligation  for  the 
payment  of  money  is  extinguished  by  a  due  offer  of  payment,  if  the 

120 


THE  CI  VIL  CODE  [T.  3,  §  7G1 

amount  is  immediately  deposited  in  the  name  of  the  creditor,  with 
some  bank  of  deposit  within  the  Canal  Zone,  of  good  repute,  and 
notice  thereof  is  given  to  the  creditor. 

Ceoss-Referencej 

Tender  stopping  interest,  see  section  75i)  of  this  title. 

747.  Objections  to  mode  of  offer. — All  objections  to  the  mode  of 
an  offer  of  performance,  which  the  creditor  has  an  opportunity  to 
state  at  the  time  to  the  person  making  the  offer,  and  which  could  be 
then  obviated  by  him,  are  waived  by  the  creditor,  if  not  then  stated. 

CEOS  S-REFBaiENCB 

See,  also,  title  4,  section  2153. 

748.  Title  to  thing  offered. — The  title  to  a  thing  duly  offered  in 
performance  of  an  obligation  passes  to  the  creditor,  if  the  debtor  at 
the  time  signifies  his  intention  to  that  effect. 

749.  Custody  of  thing  offered. — The  person  offering  a  thing, 
other  than  money,  by  way  of  performance,  must,  if  he  means  to  treat 
it  as  belonging  to  the  creditor,  retain  it  as  a  depositary  for  hire, 
until  the  creditor  accepts  it,  or  until  he  has  given  reasonable  notice 
to  the  creditor  that  he  will  retain  it  no  longer,  and,  if  with  reason- 
able diligence  he  can  find  a  suitable  depositary  therefor,  until  he  has 
deposited  it  with  such  person. 

Ceoss-Referenoes 

Depositary  for  hire,  see  section  1132  of  this  title. 

Thing  offered  to  be  kept  separate,  see  section  743  of  this  title. 

750.  Effect  of  offer  on  accessories  of  obligation. — An  offer  of 
pajanent  or  other  performance,  duly  made,  though  the  title  to  the 
thing  offered  be  not  transferred  to  the  creditor,  stops  the  running  of 
interest  on  the  obligation,  and  has  the  same  effect  upon  all  its  inci- 
dents as  a  performance  thereof. 

Cros  s-Refebences 

Tender  transfers  title,  see  section  748  of  this  title. 

Offer  in  writing  equivalent  to  tender,  see  title  4,  section  2151. 

751.  Creditor's  retention  of  thing  which  he  refuses  to  accept. — 

If  anything  is  given  to  a  creditor  by  way  of  performance,  which  he 
refuses  to  accept  as  such,  he  is  not  bound  to  return  it  without 
demand ;  but  if  he  retains  it,  he  is  a  gratuitous  depositary  thereof. 

Ceoss-Refebenc?b 
Gratuitous  depositary,  see  sections  1121  et  seq.,  of  this  title. 

C.   PREVENTION  OF  PERFORMANCE   OR  OFFER 

761.  What  excuses  performance,  etc. — The  want  of  performance 
of  an  obligation,  or  of  an  offer  of  performance,  in  whole  or  in  part, 
or  any  delay  therein,  is  excused  by  the  following  causes,  to  the  extent 
to  which  they  operate: 

93083—34 9  121 


T.  3,  §  762]  THE  CIVIL  CODE 

1.  When  such  performance  or  offer  is  prevented  or  delayed  by  the 
act  of  the  creditor,  or  by  the  operation  of  law,  even  though  there 
may  have  been  a  stipulation  that  this  shall  not  be  an  excuse ; 

2.  When  it  is  prevented  or  delayed  by  an  irresistible,  superhuman 
cause,  or  by  the  act  of  public  enemies  of  the  United  States,  unless 
the  parties  have  expressly  agreed  to  the  contrary ;  or 

3.  When  the  debtor  is  induced  not  to  make  it,  by  any  act  of  the 
creditor  intended  or  naturally  tending  to  have  that  effect,  done  at  or 
before  the  time  at  which  such  performance  or  offer  may  be  made,  and 
not  rescinded  before  that  time. 

Ceoss-Refeeench 

Excuse  of  performance,  see  section  697  of  this  title. 

762.  Effect  of  prevention  of  performance. — If  the  performance 
of  an  obligation  be  prevented  by  the  creditor,  the  debtor  is  entitled 
to  all  the  benefits  which  he  would  have  obtained  if  it  had  been 
performed  by  both  parties. 

763.  Same. — If  performance  of  an  obligation  is  prevented  by 
any  cause  excusing  performance,  other  than  the  act  of  the  creditor, 
the  debtor  is  entitled  to  a  ratable  proportion  of  the  consideration 
to  which  he  would  have  been  entitled  upon  full  performance, 
according  to  the  benefit  which  the  creditor  receives  from  the  actual 
performance. 

764.  Effect  of  refusal  to  accept  performance  before  offer. — A 

refusal  by  a  creditor  to  accept  performance,  made  before  an  offer 
thereof,  is  equivalent  to  an  offer  and  refusal,  unless,  before  perform- 
ance is  actually  due,  he  gives  notice  to  the  debtor  of  his  willingness 
to  accept  it. 

Cross-Referencb 

Refusal  to  perform  entitles  the  other  party  to  enforce  the  obligation,  without 
performance  on  his  part,  see  section  697  of  this  title. 

D.    ACCORD  AND  SATISFACTION 

771.  Accord,  what. — An  accord  is  an  agreement  to  accept,  in 
extinction  of  an  obligation,  something  different  from  or  less  than 
that  to  which  the  person  agreeing  to  accept  is  entitled. 

Cross-references 

Order  on  third  person,  effect  of,  see  section  784  of  this  title. 
Release  of  obligations,  see  section  791  of  this  title. 

Substituting  new  obligation  for  existing  one  is  novation,  see  sections  781  et 
seq.,  of  this  title. 

772.  Effect  of  accord. — Though  the  parties  to  an  accord  are 
boimd  to  execute  it,  yet  it  does  not  extinguish  the  obligation  until 
it  is  fully  executed. 

773.  Satisfaction,  what. — Acceptance,  by  the  creditor,  of  the  con- 
sideration of  an  accord  extinguishes  the  obligation,  and  is  called 
satisfaction. 

Ceoss-Refeeencb 

Part  performance,  see  section  774  of  this  title. 

122 


THE  CIVIL  CODE  [T.  3,  §  793 

774.  Part  performance. — Part  performance  of  an  obligation, 
either  before  or  after  a  breach  thereof,  wlien  expressly  accepted  by 
the  creditor  in  writing,  in  satisfaction,  or  rendered  in  pursuance  of 
an  agreement  in  writing  for  that  purpose,  though  without  any  new 
consideration,  extinguishes  the  obligation. 

Ceoss-Refeeence 
Part  performance,  see  sections  725,  732,  and  2114  of  this  title. 

E.   NOVATION 

781.  Novation,  what. — Novation  is  the  substitution  of  a  new 
obligation  for  an  existing  one. 

Ckos  s-Refekences 

Novation  a  contract,  see  section  783  of  this  title. 

Right  to  sue  on  contract  made  for  one's  benefit,  see  section  814  of  this  title. 

782.  Modes  of  novation. — Novation  is  made: 

1.  By  the  substitution  of  a  new  obligation  between  the  same 
parties,  with  intent  to  extinguish  the  old  obligation ; 

2.  By  the  substitution  of  a  new  debtor  in  place  of  the  old  one,  with 
intent  to  release  the  latter;  or 

3.  By  the  substitution  of  a  new  creditor  in  place  of  the  old  one, 
with  intent  to  transfer  the  rights  of  the  latter  to  the  former. 

783.  Novation  a  contract. — Novation  is  made  by  contract,  and  is 
subject  to  all  the  rules  concerning  contracts  in  general. 

784.  Rescission  of  novation. — When  the  obligation  of  a  third 
person,  or  an  order  upon  such  person  is  accepted  in  satisfaction,  the 
creditor  may  rescind  such  acceptance  if  the  debtor  prevents  such 
person  from  complying  with  the  order,  or  from  fulfilling  the  obliga- 
tion ;  or  if,  at  the  time  the  obligation  or  order  is  received,  such  person 
is  insolvent,  and  this  fact  is  unknown  to  the  creditor,  or  if,  before 
the  creditor  can  with  reasonable  diligence  present  the  order  to  the 
person  upon  whom  it  is  given,  he  becomes  insolvent. 

F.    RELEASE 

791.  Obligation  extinguished  by  release. — An  obligation  is  extin- 
guished by  a  release  therefrom  given  to  the  debtor  by  the  creditor, 
upon  a  new  consideration,  or  in  writing,  with  or  without  new 
consideration. 

Cross-Refekencb 

Writing  imports  a  consideration,  see  section  870  of  this  title. 

792.  Certain  claims  not  affected  by  general  release. — A  general 
release  does  not  extend  to  claims  which  the  creditor  does  not  know 
or  suspect  to  exist  in  his  favor  at  the  time  of  executing  the  release, 
which  if  known  by  him  must  have  materially  affected  his  settlement 
with  the  debtor. 

793.  Release  of  one  of  several  joint  debtors. — A  release  of  one  of 
two  or  more  joint  debtors  does  not  extinguish  the  obligations  of  any 

123 


T.  3,  t}  801]  THE  CIVIL  CODE 

of  the  others,  unless  they  are  mere  guarantors;  nor  does  it  affect 
tlieir  right  to  contribution  from  him. 

Ceoss-References 

Guarantor's  liability  discharged  by  what  dealings  with  debtor,  see  section 
2111  ol:  this  title. 

nights  of  sureties,  see  section  2141  of  this  title. 

CHAPTER  28.— NATURE  OF  A  CONTRACT 


Art.  Sec. 

1.  Definition SOI 

2.  Pcuties 811 

a.   Consent 821 


Art.  Sec. 

4.  Object 851 

5.  CouslJiration 8(51 


ARTICLE   1.— DEFINITION 

Sec.  I   Sec. 

801.   Contract,   what.  '  802.  Essential  elements  of  contract. 

Section  801.  Contract,  what. — A  contract  is  an  agreement  to  do  or 
not  to  do  a  certain  thing. 

Cboss-Refeeenoes 

Object  of  a  contract,  see  sections  851  to  855  of  this  title. 
Parties  to  a  contract,  see  sections  811  to  814  of  this  title. 

802.  Essential  elements  of  contract. — It  is  essential  to  the  exist- 
ence of  a  contract  that  there  should  be : 

1.  Parties  capable  of  contracting ; 

2.  Their  consent; 

3.  A  lawful  object;  and 

4.  A  sufficient  cause  or  consideration. 

Ckoss-Refeeences 

Consent,  see  sections  821  to  835  of  this  title. 
Con.sideration,  see  sections  801  to  871  of  this  title. 
Requisites  of  object,  see  section  852  of  this  title. 
Unlawful  contracts,  see  section  931  of  this  title. 

ARTICLE  2.— PARTIES 


Sec. 

811.  Who  may  contract. 

812.  Minors,  etc. 

813.  Identification   of  parties    necessary. 


Sec. 

814.  When  contract  for  heneflt  of  third  per- 
son may  be  enforced. 


811.  Who  may  contract. — All  persons  are  capable  of  contracting, 
except  minors  and  persons  of  unsound  mind. 

Cross-Refeirenoes 

Contracts  of  infants,  see  sections  25  et  seq.,  and  982  of  this  title. 
Contracts  of  married  women,  see  sections  134,  135,  and  143  of  this  title. 
Contracts  of  persons  of  unsound  mind,  see  sections  30  et  soq.,  of  this  title. 

812.  Minors,  etc. — Minors,  and  persons  of  unsound  mind,  have 
only  such  capacity  as  is  defined  by  chapter  2  of  this  title. 

CBOSS-REFBatENCB 

Powers  of  minors,  see  sections  25  et  seq.,  of  this  title. 

124 


THE  CIVIL  CODE 


[T.  3,  §  823 


813.  Identification  of  parties  necessary. — It  is  essential  to  the 
validity  of  a  contract,  not  only  that  the  parties  should  exist,  but 
that  it  should  be  possible  to  identify  them. 

814.  When  contract  for  benefit  of  third  person  may  be  en- 
forced.— A  contract,  made  expressly  for  the  benefit  of  a  third  jierson, 
may  be  enforced  by  him  at  any  time  before  the  parties  thereto 
rescind  it. 

ARTICLE  3.— CONSENT 


Sec. 

R21.  Essentials  of  consent. 

8-2.  Consent,  when  voidable. 

823.  Apparent  consent,  wln^n  not  free. 

824.  When   cleomed    to    have    been   obtained 

l>y  fraud  and  so  forth. 

825.  Duress,  what. 

826.  Menace,  what. 

827.  Fraud,  actual  or  constructive. 

828.  Actual  fraud,  what. 

829.  Constructive  fraud. 

830.  Actual  fraud  a  question  of  fact. 

831.  Undue   influence,  what. 

832.  Mistalie,   what. 

833.  Mistalie   of   fact. 

834.  Mistake  of  law. 


Sec. 

835.  Mistake  of  foreitrn  laws. 

830.   Mutuality   of   consent. 

837.  Communication  of  consent. 

838.  Mode  of  communicating  acceptance  of 

proposal. 

839.  When  communication  deemed  complete. 

840.  Acceptance    by   performance   of    condi- 

tions. 

841.  Acceptance  must  be  absolute. 
S42.  Revocation  of  proposal. 

843.  Revocation,  how  made. 

844.  Ratification  of  contract  void  for  want 

of  consent. 

845.  Assumption  of  obligation  by  acceptance 

of  benefits. 


821.  Essentials  of  consent. — The  consent  of  the  parties  to  a  con- 
tract must  be : 

i.  Free; 

2.  Mutual;  and 

3.  Communicated  by  each  to  the  other. 

Cboss-Refekences 

Consent,  when  not  free,  and  effect,  see  sections  822  and  823  of  this  title. 
Consent,  when  not  mutual,  see  section  836  of  this  title. 
Consent,  how  communicated,  see  section  837  of  this  title. 

822.  Consent,  when  voidable. — A  consent  which  is  not  free  is 
nevertheless  not  absolutely  void,  but  may  be  rescinded  by  the  parties, 
in  the  manner  prescribed  by  sections  951  to  954  of  this  title. 

Choss-Referen  ce 
Recission  of  contracts,  see  sections  951  et  seq.,  and  2723  et  seq.,  of  this  title. 

823.  Apparent  consent,  when  not  free. — An  apparent  consent  is 
not  real  or  free  when  obtained  through : 

1.  Dure.ss; 

2.  Menace; 

3.  Fraud; 

4.  Undue  influence;  or 

5.  Mistake. 

Ckoss-Reiebences 

Duress,  defined,  see  section  825  of  this  title. 
Menace,  defined,  see  section  S2G  of  this  title. 
Fraud,  defined,  see  section  827  of  this  title. 
Undue  influence,  defined,  see  section  831  of  this  title. 
Mistfike,  defined,  see  section  832  of  this  title. 

Rescission,  where  consent  obtained  by  mistake,  duress,  menace,  fraud,  or 
undue  influence,  see  section  952  of  this  title. 


125 


T.  3,  §  824]  THE  CIVIL  CODE 

824.  When  deemed  to  have  been  obtained  by  fraud,  etc. — Con- 
sent is  deemed  to  have  been  obtained  through  one  of  the  causes 
mentioned  in  the  next  preceding  section,  only  when  it  woiUd  not 
have  been  given  had  such  cause  not  existed. 

825.  Duress,  what. — Duress  consists  in: 

1.  Unlawful  confinement  of  the  person  of  the  party,  or  of  the 
husband  or  wife  of  such  party,  or  of  an  ancestor,  descendant,  or 
adopted  child  of  such  party,  husband,  or  wife; 

2.  Unlawful  detention  of  the  property  of  any  such  person;  or 

3.  Confinement  of  such  person,  lawful  in  form,  but  fraudulently 
obtained,  or  fraudulently  made  unjustly  harassing  or  oppressive. 

Cross-Reference 

Rescission  of  contract  for  duress,  see  section  952  of  this  title. 

826.  Menace,  what. — Menace  consists  in  a  threat : 

1.  Of  such  duress  as  is  specified  in  subdivisions  1  and  3  of  the  next 
preceding  section; 

2.  Of  unlawful  and  violent  injury  to  the  person  or  property  of  any 
such  person  as  is  specified  in  the  next  preceding  section ;  or 

3.  Of  injury  to  the  character  of  any  such  person. 

Cuoss-Reference 
Rescission  of  contract  for  menace,  see  section  952  of  tliis  title. 

827.  Fraud,  actual  or  constructive. — Fraud  is  either  actual  or 
constructive. 

Cross-Reference 

Rescission  of  contract  for  fraud,  see  section  952  of  this  title. 

828.  Actual  fraud,  what. — Actual  fraud,  within  the  meaning  of 

this  article,  consists  in  any  of  the  following  acts,  committed  by  a 
party  to  the  contract,  or  with  his  connivance,  with  intent  to  deceive 
another  party  thereto,  or  to  induce  him  to  enter  into  the  contract : 

1.  The  suggestion,  as  a  fact,  of  that  which  is  not  true,  by  one  who 
does  not  believe  it  to  be  true; 

2.  The  positive  assertion,  in  a  manner  not  warranted  by  the  infor- 
mation of  the  person  making  it,  of  that  which  is  not  true,  though  he 
believes  it  to  be  true; 

3.  The  suppression  of  that  which  is  true,  by  one  having  knowledge 
or  belief  of  the  fact; 

4.  A  promise  made  without  any  intention  of  performing  it;  or 

5.  Any  other  act  fitted  to  deceive. 

Cboss-Refebbnces 

Deceit,  see  sections  972  and  973  of  this  title. 

Fraudulent  instruments  and  transfers,  see  sections  2761  ct  seq.,  of  this  title. 

Rescission  of  contracts  for  fraud,  see  section  952  of  this  title. 

829.  Constructive  fraud. — Constructive  fraud  consists: 

1.  In  any  breach  of  duty  which,  without  an  actually  fraudulent 
intent,  gains  an  advantage  to  the  person  in  fault,  or  any  one  claiming 
under  him,  by  misleading  another  to  his  prejudice,  or  to  the  prejudice 
of  any  one  claiming  under  him;  or 

126 


TEE  CIVIL  CODE  [T.  3,  §  836 

2.  In  any  such  act  or  omission  as  the  law  specially  declares  to  be 
fraudulent,  without  respect  to  actual  fraud. 

Ckoss-Refeuencb 
Rescission  of  contract  for  fraud,  see  section  952  of  this  title. 

830.  Actual  fraud  a  question  of  fact. — Actual  fraud  is  always  a 
question  of  fact. 

831.  Undue  influence,  what. — Undue  influence  consists: 

1.  In  the  use,  by  one  in  whom  a  confidence  is  reposed  by  another, 
or  who  holds  a  real  or  apparent  authority  over  him,  of  such  confi- 
dence or  authority  for  the  purpose  of  obtaining  an  unfair  advantage 
over  him; 

2.  In  taking  an  unfair  advantage  of  another's  weakness  of  mind ;  or 

3.  In  taking  a  grossly  oppressive  and  unfair  advantage  of  another's 
necessities  or  distress. 

Cros  s-R  EFEBENCES 

Rescission  of  contracts,  see  sections  952  and  2721  of  this  title. 
Undue  influence  vitiating  will,  see  section  522  of  this  title. 

832.  Mistake,  what. — Mistake  may  be  either  of  fact  or  law. 

833.  Mistake  of  fact. — Mistake  of  fact  is  a  mistake,  not  caused  by 
the  neglect  of  a  legal  dut}^  on  the  part  of  the  person  making  the 
mistake,  and  consisting  in : 

1.  An  unconscious  ignorance  or  forgetfulness  of  a  fact  past  or 
present,  material  to  the  contract ;  or 

2.  Belief  in  the  present  existence  of  a  thing  material  to  the  con- 
tract which  does  not  exist,  or  in  the  past  existence  of  such  a  thing, 
which  has  not  existed. 

Cross-Referencb 

Rescission  of  contract  for  mistake,  see  section  952  of  this  title. 

834.  Mistake  of  law. — Mistake  of  law  constitutes  a  mistake,  within 
the  meaning  of  this  article,  only  when  it  arises  from : 

1.  A  misapprehension  of  the  law  by  all  parties,  all  supposing  that 
they  knew  and  understood  it,  and  all  making  substantial!}^  the  same 
mistake  as  to  the  law ;  or 

2.  A  misapprehension  of  the  law  by  one  party,  of  which  the  others 
are  aware  at  the  time  of  contracting,  but  which  they  do  not  rectify. 

Cross-Referbnce 
Rescission  of  contract  for  mistake,  see  section  952  of  this  title. 

835.  Mistake  of  foreign  laws. — Mistake  of  foreign  laws  is  a  mis- 
take of  fact. 

Cross-Rbferbncb 

Foreign  laws,  how  proved,  see  title  4,  sections  1926  and  1927. 

_  836.  Mutuality  of  consent. — Consent  is  not  mutual  unless  the  par- 
ties all  agree  upon  the  same  thing  in  the  same  sense.  But  in  certain 
cases  defined  by  the  chapter  on  interpretation,  they  are  to  be  deemed 
so  to  agree  without  regard  to  the  fact. 

Cross-Reference 
Interpretation  of  contracts,  see  sections  901  et  seq.,  of  this  title. 

127 


T.  3,  §  837]  THE  CIVIL  CODE 

837.  Communication  of  consent.-— Consent  can  be  communicated 

with  effect,  only  by  some  act  or  omission  of  the  part}^  contracting,  by 
wliicli  he  intends  to  communicate  it,  or  which  necessarily  tends  to 
sucli  communication. 

838.  Mode  of  communicating  acceptance  of  proposal. — If  a  pro- 
posal prescribes  any  conditions  concerning  the  communication  of  its 
acceptance,  the  proposer  is  not  bound  unless  they  are  conformed  to; 
but  in  other  cases  any  reasonable  and  usual  mode  may  be  adopted. 

839.  When  communication  deemed  complete. — Consent  is  deemed 
to  be  fully  communicated  between  the  parties  as  soon  as  the  party 
accepting  a  proposal  has  put  his  acceptance  in  the  course  of  trans- 
mission to  the  proposer,  in  conformity  to  the  next  preceding  section. 

840.  Acceptance  by  performance  of  conditions. — Performance  of 
the  conditions  of  a  proposal,  or  the  acceptance  of  the  consideration 
offered  with  a  proposal,  is  an  acceptance  of  the  proposal. 

841.  Acceptance  must  be  absolute. — An  acceptance  must  be  abso- 
lute and  unqualified,  or  must  include  in  itself  an  acceptance  of  that 
character  vfhich  the  proposer  can  separate  from  the  rest,  and  which 
will  conclude  the  person  accepting.  A  qualified  acceptance  is  a  new 
proposal. 

842.  Revocation  of  proposal. — A  proposal  may  be  revoked  at  any 
time  before  its  acceptance  is  communicated  to  the  proposer,  but  not 
afterwards. 

843.  Revocation,  how  made. — A  proposal  is  revoked : 

1.  By  communication  of  notice  of  revocation  by  the  proposer  to 
the  otlier  party,  in  the  manner  prescribed  by  sections  83T  to  839  of 
this  title,  before  his  acceptance  has  been  communicated  to  the 
former ; 

2.  By  the  lapse  of  the  time  prescribed  in  such  proposal  for  its 
acceptance,  or  if  no  time  is  so  prescribed,  the  lapse  of  a  reasonable 
time  without  communication  of  the  acceptance; 

3.  By  the  failure  of  the  acceptor  to  fulfill  a  condition  precedent 
to  acceptance;  or 

4.  By  the  death  or  insanity  of  the  proposer. 

844.  Ratification  of  contract  void  for  want  of  consent. — A  con- 
tract which  is  voidable  solely  for  want  of  due  consent,  ma}^  be  ratified 
by  a  subsequent  consent. 

845.  Assumption  of  obligation  by  acceptance  of  benefits. — A  vol- 
untary acceptance  of  the  benefit  of  a  transaction  is  equivalent  to  a 
consent  to  all  the  obligations  arising  from  it,  so  far  as  the  facts  are 
known,  or  ought  to  be  known,  to  the  person  accepting. 

Cross-Refebence 

He  who  takes  benefit  must  bear  burden,  see  section  2843  of  this  title. 


128 


Sec. 

80 1.  Object,  what. 

852.  Requisites  of  object. 

853.  Impossibility,  what. 


THE  CIVIL  CODE  [T.  3,  §  861 

ARTICLE   4.— OBJECT 

Sec. 

854.  When  contract  wholly  void. 

855.  When   contract  parti:"illy  void. 


851.  Object,  what.— The  object  of  a  contract  is  the  thing  which 
it  is  agreed,  on  the  part  of  the  party  receiving  the  consideration,  to 
do  or  not  to  do. 

Cross-Refebences 

Unlawful  conditions,  see  section  698  of  this  title. 

UulawiUl  contracts,  see  sections  852  and  981  et  seq.,  of  this  title. 

852.  Requisites  of  object.— The  object  of  a  contract  must  be  law- 
ful when  the  contract  is  made,  and  possible  and  ascertainable  by  the 
time  the  contract  is  to  be  performed. 

Ceoss-References 

Essential  elements  of  contract,  see  section  802  of  this  title. 
Unlawful  contracts,  see  sections  931  et  seq.,  of  this  title. 

853.  Impossibility,  what.— Everything  is  deemed  possible  except 
that  which  is  impossible  in  the  nature  of  things. 

854.  When  contract  wholly  void.— Where  a  contract  has  but  a 
single  object,  and  such  object  is  unlawful,  whether  in  whole  or  in 
part,  or  wholly  impossible  of  performance,  or  so  vaguely  expressed 
as  to  be  wholly  unascertainable,  the  entire  contract  is  void. 

Cross-Refeeence 
Consideration  illegal  in  part,  see  sections  855  and  864  of  this  title. 

855.  When  contract  partially  void.— Where  a  contract  has  sev- 
eral distinct  objects,  of  which  one  at  least  is  lawful,  and  one  at  least 
is  unlawful,  in  whole  or  in  part,  the  contract  is  void  as  to  the  latter 
and  valid  as  to  the  rest. 

Cboss-Refeeences 

Contract  illegal  in  part,  see  section  864  of  this  title. 

Provision  in,  impossible  of  performance,  eftect  of,  see  section  869  of  this  title. 

ARTICLE  5.— CONSIDERATION 

Sec. 


Sec. 

861.  Good   consideration,  what. 

862.  How  far  lesal  or  moral  obligation  is 

a  good  consideration. 

863.  Consideration   lawful. 

864.  Effect  of  its  illegality. 

865.  Consideration  executed  or  executory. 

866.  Executory  consideration. 

867.  How  ascertained. 


868.  Effect  of  impossibility  of  ascertaining 

consideration. 

869.  Same. 

870.  Written    instrument    presumptive    evi- 

dence of  consideration. 

871.  Burden  of  proof  to  invalidate  sufficient 

consideration. 


861.  Good  consideration,  what.— Any  benefit  conferred,  or  agreed 
to  be  conferred,  upon  the  promisor,  by  any  other  person,  to  which 
the  promisor  is  not  lawfully  entitled,  or  any  prejudice  suffered,  or 
agreed  to  be  suffered,  by  such  person,  other  than  such  as  he  is  at 
the  tinie  of  consent  lawfully  bound  to  suffer,  as  an  inducement  to  the 
promisor,  is  a  good  consideration  for  a  promise. 


129 


T.  3,  §  862]  TEE  CIVIL  CODE 

862.  How  far  legal  or  moral  obligation  is  a  good  consideration. — 

An  existing  legal  obligation  resting  upon  the  promisor,  or  a  moral 
obligation  originating  in  some  benefit  conferred  upon  the  promisor, 
or  prejudice  suffered  by  the  promisee,  is  also  a  good  consideration 
for  a  promise,  to  an  extent  corresponding  with  the  extent  of  the 
obligation,  but  no  further  or  otherwise. 

863.  Consideration  lawful. — The  consideration  of  a  contract  must 
be  lawful  within  the  meaning  of  section  931  of  this  title. 

Ceoss-Reference 

Unlawful  contracts,  see  sections  931  et  seq.,  of  this  title. 

864.  Effect  of  its  illegality. — If  any  part  of  a  single  consideration 
for  one  or  more  objects,  or  of  several  considerations  for  a  single 
object,  is  unlawful,  the  entire  contract  is  void. 

Ceos  s-Refeeence 

Consideration  illegal  in  part,  see  sections  854  and  855  of  this  title. 

865.  Consideration  executed  or  executory. — A  consideration  may 
be  executed  or  executory,  in  whole  or  in  part.  Insofar  as  it  is 
executory  it  is  subject  to  the  provisions  of  sections  851  to  855  of  this 
title. 

866.  Executory  consideration. — When  a  consideration  is  execu- 
tory, it  is  not  indispensable  that  the  contract  should  specify  its 
amount  or  the  means  of  ascertaining  it.  It  may  be  left  to  the 
decision  of  a  third  person,  or  regulated  by  any  specified  standard. 

867.  How  ascertained. — When  a  contract  does  not  determine  the 
amount  of  the  consideration,  nor  the  method  by  which  it  is  to  be 
ascertained,  or  when  it  leaves  the  amount  thereof  to  the  discretion 
of  an  interested  party,  the  consideration  must  be  so  much  money  as 
the  object  of  the  contract  is  reasonably  worth. 

868.  Effect   of   impossibility   of   ascertaining   consideration. — 

Where  a  contract  provides  an  exclusive  method  by  which  its  con- 
sideration is  to  be  ascertained,  which  method  is  on  its  face  impos- 
sible of  execution,  the  entire  contract  is  void. 

869.  Same. — Where  a  contract  provides  an  exclusive  method  by 
which  its  consideration  is  to  be  ascertained,  which  method  appears 
possible  on  its  face,  but  in  fact  is,  or  becomes,  impossible  of  execu- 
tion, such  provision  only  is  void. 

Cross-Refeeencb 

Effect  of  partial  invalidity  of  contract,  see  section  855  of  this  title. 

870.  Written  instrument  presumptive  evidence  of  consider- 
ation.— A  written  instrument  is  presumptive  evidence  of  a  con- 
sideration. 

Cr.OSS-REFERENCES 

Distinction  between  sealed  and  unsealed  instruments  abolished,  see  section 
890  of  this  title. 

Presumption  of  consideration  for  negotiable  instrument,  see  section  2351  of 
this  title. 

130 


THE  CIVIL  CODE  [T.  3,  §  886 

871.  Burden  of  proof  to  invalidate  sufficient  consideration.— The 

burden  of  showinf;^  a  want  of  consideration  sufficient  to  support  an 
instrument  lies  with  the  party  seeking  to  invalidate  or  avoid  it. 

CrO  SS-ReFEKEN  CE3 

Presumption  of  consideration  for  written  contract,  see  title  4,  section  2007. 
CHAPTER  29.— MANNER  OF  CREATING  CONTRACTS 


Sec. 

881.  Contracts,  express  or  implied. 

882.  Express  contracts,  what. 

883.  Implied  contract,  wl)at. 

884.  What  contracts  may  bo  oral. 

885.  Contract      not      in      writing      through 

fraud,     may     be     enforced     against 
fraudulent  party. 


Sec. 

886.  What   contracts  must   be   written. 

887.  Effect    of   written    contracts. 

888.  Contract  in  writing,  talies  effect  when. 

889.  Provisions    on    delivery    of    grants    to 

apply. 

890.  Distinctions    between    sealed    and    un- 

sealed instruments  abolished. 


Section  881.  Contracts,  express  or  implied. — A  contract  is  either 
express  or  implied. 

882.  Express  contracts,  what. — An  express  contract  is  one  the 

terms  of  which  are  stated  in  words. 

883.  Implied  contract,  what. — An  implied  contract  is  one  the 
existence  and  terms  of  which  are  manifested  by  conduct. 

Ckoss-Referencb 

Obligations  imposed  l)y  law,  see  sections  971  et  seq.,  of  this  title. 

884.  What  contracts  may  be  oral. — All  contracts  may  be  oral, 
except  such  as  are  specially  required  by  statute  to  be  in  writing. 

Cross-Reference 

Contracts  when  to  be  in  writing,  see  sections  885,  886,  and  984  of  this  title. 

885.  Contract  not  in  writing  through  fraud,  may  be  enforced 
against  fraudulent  party. — Where  a  contract,  which  is  required  by 
law  to  be  in  writing,  is  prevented  from  being  put  into  writing  by 
the  fraud  of  a  party  thereto,  any  other  party  who  is  by  such  fraud 
led  to  believe  that  it  is  in  writing,  and  acts  upon  such  belief  to  his 
prejudice,  may  enforce  it  against  the  fraudulent  party. 

886.  What  contracts  must  be  written. — The  following  contracts 
are  invalid,  unless  the  same,  or  some  note  or  memorandum  thereof, 
is  in  writing  and  subscribed  to  by  the  party  to  be  charged,  or  by  his 
agent : 

1.  An  agreement  that  by  its  terms  is  not  to  be  performed  within 
a  year  from  the  making  thereof; 

2.  A  special  promise  to  answer  for  the  debt,  default,  or  miscar- 
riage of  another,  except  in  the  cases  provided  for  in  section  2074  of 
this  title ; 

3.  An  agreement  made  upon  consideration  of  marriage  other  than 
a  mutual  promise  to  marry ; 

4.  An  agreement  for  the  leasing  of  real  property  for  a  longer 
period  than  one  year,  and  such  agreement,  if  made  by  an  agent  of 
the  party  sought  to  be  charged,  is  invalid,  unless  the  authority  of 
the  agent  is  in  writing,  subscribed  by  the  party  sought  to  be  charged ; 


131 


T.  3, §  887] 


THE  CIVIL  CODE 


5.  An  agreement  authorizing  or  employing  an  agent  or  broker  to 
purchase  or  sell  real  estate  for  compensation  or  a  commission ; 

6.  An  agreement  which  by  its  terms  is  not  to  be  performed  during 
the  lifetime  of  the  promisor,  or  an  agreement  to  bequeath  any  prop- 
erty, or  make  any  provision  for  any  person  by  will. 

Cross-Rejfeeences 
Contracts  to  sell  or  sales  of  goods  or  clioses  in  action,  see  section  984  of  this 
title. 

Fraudulent  transfers,  see  section  2762  of  this  title. 

Guaranty,  see  sections  2073  et  seq.,  of  this  title. 

Oral  authorization,  sufficiency  of,  see  section  1626  of  this  title. 

Power  of  attorney  to  execute  mortgage,  see  section  2242  of  this  title. 

Statute  of  frauds,  see  title  4,  sections  ^015  to  2018. 

887.  Effect  of  written  contracts. — The  execution  of  a  contract  in 
writing,  whether  the  law  requires  it  to  be  written  or  not,  supersedes 
all  the  negotiations  or  stipulations  concerning  its  matter  which  pre- 
ceded or  accompanied  the  execution  of  the  instrument. 

Cuds  S-IIEFS31EN  CES 
Writing  supersedes  oral  stipulations,  see  section  905  of  this  title. 
Agreement  reduced  to  writing  deemed  whole,  see  title  4,  section  1874. 


5.  Contract  in  writing,  takes  effect  when. — A  contract  in 
writing  takes  effect  upon  its  delivery  to  the  party  in  whose  favor  it 
is  made,  or  to  his  agent. 

Ceoss-Referencb 
Delivery  of  ti'ansfers  in  writing,  ."^ee  generally  section  435  of  this  title. 

889.  Provisions  on  delivery  of  grants  to  apply. — The  provisions 
of  sections  451  and  454  to  459  of  this  title,  concerning  the  delivery 
of  grants,  absolute  and  conditional,  apply  to  all  written  contracts. 

Cboss-Referencb 
Mode  of  transfer,  see  sections  451  et  seq.,  of  this  title. 

890.  Distinctions  between  sealed  and  unsealed  instruments 
abolished. — All  distinctions  between  sealed  and  unsealed  instruments 
are  abolished. 

CHAPTER  30.— INTERPRETATION  OF  CONTRACTS 

Sec. 

015.   Interpretation  in  sense  in  wliicli  prom- 
isor lielievcd  promisee  to  rely. 

916.  Particular  clauses  subordinate  to  gen- 
eral intent. 

917.  Contract,    partly    written    and    partly 
printed. 

9 IS.  Repugnancies,  how  reconciled. 

919.  Inconsistent  words  rejected. 

920.  Words     to     be     taken     most     stronKly 
against  whom. 

921.  Reasonable  stii'Ulations,  when  implied. 

922.  Necessary   incidents   implied. 

923.  Time  of  performance  of  contract. 

924.  Wlien  joint  and  several. 

925.  Same. 
92(5.   Kxecuted     and      executory     contracts, 

what. 


Sec. 

901.  Uniformity  of  interpretation. 

902.  Contracts,  how  to  be  interpreted. 

903.  Intention  of  parties,   liow  ascertained. 

904.  Intention     to     be     ascertained     from 

language. 

905.  Interpretation  of  written  contracts. 

906.  Writing,  when  disregarded. 

907.  Effect    to    be    given    to    every    part   of 

contract. 

908.  Several     contracts,     when     taken     to- 

gether. 

909.  Interpretation   in   favor  of  contract. 

910.  Words  to  be  understood  in  the  usual 

sense. 

911.  Technical  words. 

912.  Law  of  place. 

913.  Contracts  explained  by  circumstances. 

914.  Contract     restricted     to     its     evident 

object. 


Section  901.  Uniformity  of  interpretation. — All  contracts, 
whether  public  or  private,  are  to  be  interpreted  by  the  same  rules, 
except  as  otherwise  provided  by  this  title. 


L32 


THE  CIVIL  CODE  [T.  3,  §  910 

902.  Contracts,  how  to  be  interpreted. — A  contract  must  be  so 
interpreted  as  to  give  effect  to  the  mutual  intention  of  the  parties  as 
it  existed  at  the  time  of  contracting,  so  far  as  tlie  same  is  ascertain- 
able and  lawful. 

Cboss-References 

Contract  restricted  to  its  evident  object,  see  section  914  of  this  title. 
Parol  evidence  to  prove  intention,  see  title  4,  sections  1872  et  seq. 

903.  Intention  of  parties,  how  ascertained. — For  the  purpose  of 
ascertaining  the  intention  of  the  parties  to  a  contract,  if  otherwise 
doubtful,  the  rules  given  in  this  chapter  are  to  be  applied. 

Ceoss-Refeeenoes 

Construction  against  party  causing  ambiguity,  see  section  920  of  this  title. 
Parol  evidence  with  respect  to  writings,  see  title  4,  sections  1872  and  3874. 

904.  Intention  to  be  ascertained  from  language. — The  language 
of  a  contract  is  to  govern  its  interpretation,  if  the  language  is  clear 
and  explicit,  and  does  not  involve  an  absurdity. 

905.  Interpretation  of  written  contracts, — When  a  contract  is 
reduced  to  writing,  the  intention  of  the  parties  is  to  be  ascertained 
from  the  writing  alone,  if  possible;  subject,  however,  to  the  other 
provisions  of  this  chapter. 

Ckoss-References 

Writing  supersedes  oral  negotiations,  see  section  887  of  this  title. 
Agreement  reduced  to  writing  deemed  the  whole,  see  title  4,  section  1874. 
Parol  evidence  in  construing  writings,  see  title  4,  sections  1872  et  seq. 

906.  Writing,  when  disregarded. — When,  through  fraud,  mistake, 
or  accident,  a  written  contract  fails  to  express  the  real  intention  of 
the  parties,  such  intention  is  to  be  regarded,  and  the  erroneous  parts 
of  the  Avriting  disregarded. 

Cross-Refeeences 

Principles  governing  in  revising  contract,  see  section  2713  of  this  title. 
Revising  contract  for  fraud  or  mistake,  see  section  2711  of  this  title. 
Evidence  of  circumstances,  see  title  4,  sections  1874  and  1878. 

907.  Effect  to  be  given  to  every  part  of  contract. — The  whole  of 
a  contract  is  to  be  taken  together,  so  as  to  give  effect  to  every  part, 
if  reasonably  practicable,  each  clause  helping  to  interpret  the  other. 

Cross-Refeeences 

See,  also,  title  4,  section  1876. 

Repugnancies  and  inconsistencies  in,  see  sections  918  and  919  of  this  title. 

908.  Several  contracts,  when  taken  together. — Several  contracts 
relating  to  the  same  matters,  between  the  same  parties,  and  made  as 
parts  of  substantially  one  transaction,  are  to  be  taken  together. 

909.  Interpretation  in  favor  of  contract. — A  contract  must  re- 
ceive such  an  interpretation  as  will  make  it  lawful,  operative,  definite, 
reasonable,  and  capable  of  being  carried  into  effect,  if  it  can  be  done 
without  violating  the  intention  of  the  parties. 

910.  Words  to  be  understood  in  the  usual  sense. — The  words  of 
a  contract  are  to  be  understood  in  their  ordinary  and  popular  sense, 

133 


T.  3,  §  911]  THE  CIVIL  CODE 

rather  than  according  to  their  strict  legal  meaning;  unless  used  by 
the  parties  in  a  technical  sense,  or  unless  a  special  meaning  is  given 
to  them  by  usage,  in  which  case  the  latter  must  be  followed. 

Cross-Reference 
Technical  words,  see  title  4,  sections  7  and  1S79. 

911.  Technical  words. — Technical  words  are  to  be  interpreted  as 

usually  understood  by  persons  in  the  profession  or  business  to  which 
they  relate,  unless  clearly  used  in  a  different  sense. 

Ckoss-Refebenoe 
Technical  words,  how  construed,  see  sections  11  and  581  of  this  title. 

912.  Law  of  place. — A  contract  is  to  be  interpreted  according  to 
the  law  and  usage  of  the  place  where  it  is  to  be  performed ;  or,  if  it 
does  not  indicate  a  place  of  performance,  according  to  the  law  and 
usage  of  the  place  where  it  is  made. 

Cross-Refebences 

Usage,  see  title  4,  section  1888. 

Construction  of  language  as  relating  to  place  where  used,  see  title  4,  section 
1875. 

913.  Contracts  explained  by  circumstances. — A  contract  may  be 
explained  by  reference  to  the  circumstances  under  which  it  was 
made,  and  the  matter  to  which  it  relates. 

Cboss-Refekencb 

Contract  may  be  explained  by  circumstances,  see  title  4,  sections  1874  and 
1878. 

914.  Contract  restricted  to  its  evident  object. — However  broad 
may  be  the  terms  of  a  contract,  it  extends  only  to  those  things  con- 
cerning which  it  appears  that  the  parties  intended  to  contract. 

915.  Interpretation  in  sense  in  which  promisor  believed  promisee 
to  rely. — If  the  terms  of  a  promise  are  in  any  respect  ambiguous  or 
uncertain,  it  must  be  interpreted  in  the  sense  in  which  the  promisor 
believed,  at  the  time  of  making  it,  that  the  promisee  understood  it. 

Cross-Referbnces 

Interpretation  against  promisor,  see  section  920  of  this  title. 
What  construction  preferred,  see  title  4,  section  1882. 

916.  Particular  clauses  subordinate  to  general  intent. — Particu- 
lar clauses  of  a  contract  are  subordinate  to  its  general  intent. 

Cross-Refekencb 
Repugnancies  and  inconsistencies,  see  sections  918  and  919  of  this  title. 

917.  Contract,  partly  written  and  partly  printed. — Where  a  con- 
tract is  partly  written  and  partly  printed,  or  where  part  of  it  is 


134 


THE  CIVIL  CODE  [T.  3,  §  923 

written  or  printed  under  the  special  directions  of  the  parties,  and 
with  a  special  view  to  their  intention,  and  the  remainder  is  copied 
from  a  form  originally  prepared  without  special  reference  to  the 
particular  parties  and  the  particular  contract  in  c^uestion,  the  written 
})arts  control  the  printed  parts,  and  the  parts  which  are  purely  orig- 
inal control  those  which  are  copied  from  a  form.  And  if  the  two 
are  absolutely  repugnant,  the  latter  must  be  so  far  disregarded. 

918.  Repugnancies,  how  reconciled. — Repugnancy  in  a  contract 
must  be  reconciled,  if  possible,  by  such  an  interpretation  as  will  give 
some  effect  to  the  repugnant  clauses,  subordinate  to  the  general  intent 
and  purpose  of  the  whole  contract. 

Cboss-Referencej 
Inconsistent  words  rejected,  see  section  919  of  this  title. 

919.  Inconsistent  words  rejected. — Words  in  a  contract  which  are 
wholly  inconsistent  with  its  nature,  or  with  the  main  intention  of  the 
parties,  are  to  be  rejected. 

Cboss-Refeeence 

Repugnancies,  how  reconciled,  see  section  918  of  this  title. 

920.  Words  to  be  taken  most  strongly  against  whom. — In  cases 
of  uncertainty  not  removed  by  the  preceding  rules,  the  language  of 
a  contract  should  be  interpreted  most  strongly  against  the  party  who 
caused  the  uncertainty  to  exist.  The  promisor  is  presumed  to  be 
such  party;  except  in  a  contract  between  a  public  officer  or  body, 
as  such,  and  a  private  party,  in  which  it  is  presumed  that  all  uncer- 
tainty was  caused  by  the  private  party. 

Cross-Res'erences 

Interpretation  in  sense  promisor  believed  promisee  to  rely,  see  section  915 
of  this  title. 
Interpretation  of  doubtful  words,  see  section  463  of  this  title. 

921.  Reasonable  stipulations,  when  implied. — Stipulations  which 
are  necessary  to  make  a  contract  reasonable,  or  conformable  to  usage, 
are  implied,  in  respect  to  matters  concerning  which  the  contract 
manifests  no  contrary  intention. 

922.  Necessary  incidents  implied. — All  things  that  in  law  or  usage 

are  considered  as  incidental  to  a  contract,  or  as  necessary  to  carry  it 
into  effect,  are  implied  therefrom,  unless  some  of  them  are  expressly 
mentioned  therein,  when  all  other  things  of  the  same  class  are  deemed 
to  be  excluded. 

Ckoss-Refeebncb 

Incident  follows  principal,  see  sections  472  and  2862  of  this  title. 

923.  Time  of  performance  of  contract. — If  no  time  is  specified 
for  the  performance  of  an  act  required  to  be  performed,  a  reasonable 
time  is  allowed.     If  the  act  is  in  its  nature  capable  of  being  done 


135 


T.  3,  §  924] 


THE  CIVIL  CODE 


instantly — as,  for  example,  if  it  consists  in  the  payment  of  money 
only — it  must  be  performed  immediately  upon  the  thing  to  be  done 
being  exactly  ascertained. 

Ceoss-Refeeence 

Delay  in,  where  time  not  of  essence,  see  section  738  of  this  title. 

924.  When  joint  and  several. — Where  all  the  parties  who  unite  in 
a  promise  receive  some  benefit  from  the  consideration,  whether  past 
or  present,  their  promise  is  presumed  to  be  joint  and  several. 

925.  Same. — A  promise,  made  in  the  singular  number,  but  executed 
by  several  persons,  is  j^resumed  to  be  joint  and  several. 

CbOS  S-Re1!'JUUEN  ce 

Contracts,  joint  and  several,  see  sections  681  et  seq.,  of  this  title. 

926.  Executed  and  executory  contracts,  what. — An  executed  con- 
tract is  one,  the  object  of  which  is  fully  performed.  All  others  are 
executory. 

CHAPTER  31.— UNLAWFUL  CONTRACTS 


Sec. 

931.  What  is  unlawful. 

932.  Certain   contracts  unlawful. 

933.  Contract  fixing  damages,  void. 

934.  Exception. 


Sec. 

935.  Contract    in   restraint   of   trade,    void. 

936.  Exception     in     favor    of     partnership 

arransements. 
937.   Contract  in  restraint  of  marriago,  void. 


Section  931.  What  is  unlawful. — That  is  not  lawful  which  is : 

1.  Contrary  to  an  express  provision  of  law ; 

2.  Contrary  to  the  policy  of  express  law,  though  not  expressly 
prohibited;  or 

3.  Otherwise  contrary  to  good  morals. 

Ckoss-References 

Conditions,  when  void,  see  sections  303  to  305  of  this  title. 
Contract  obtained  through  duress,  menace,  fraud,  undue  influence,  or  mistake, 
see  section  823  of  this  title. 

Contracts  in  restraint  of  marriage,  see  section  937  of  this  title. 

Contracts  in  restraint  of  trade,  see  section  935  of  this  title. 

Duress,  see  section  825  of  this  title. 

Fraud,  see  sections  827  et  seq.,  of  this  title. 

Menace,  see  section  826  of  this  title. 

Mistake,  see  section  832  of  this  title. 

Undue  influence,  see  section  831  of  this  title. 

932.  Certain  contracts  unlawful. — All  contracts  which  have  for 
their  object,  directly  or  indirectly,  to  exempt  anyone  from  respon- 
sibility for  his  own  fraud,  or  willful  injury  to  the  person  or  property 
of  another,  or  violation  of  law,  whether  willful  or  negligent,  are 
against  the  policy  of  the  law. 

Cuoss-Refebenoes 

Carrier  cannot  exempt  himself  from  liability  for  negligent  or  wrongful  acts, 
see  section  1475  of  this  title. 
Fraud,  see  section  827  of  this  title. 


136 


THE  CIVIL  CODE 


[T.  3,  §  952 


933.  Contract  fixing  damages,  void. — Every  contract  by  which  the 
amount  of  damag-e  to  be  paid,  or  other  compensation  to  be  made, 
for  a  breacli  of  an  obligation,  is  determined  in  anticipation  thereof, 
is  to  that  extent  void,  except  as  expressly  provided  in  the  section 
next  following. 

934.  Exception. — The  parties  to  a  contract  may  agree  therein  upon 
an  amount  which  shall  be  presumed  to  be  the  amount  of  damage 
sustained  by  a  breach  thereof,  when,  from  the  nature  of  the  case, 
it  would  be  impracticable  or  extremely  difficult  to  fix  the  actual 
damage. 

935.  Contract  in  restraint  of  trade,  void. — Every  contract  by 
which  anj^one  is  restrained  from  exercising  a  lawful  profession, 
trade,  or  business  of  any  kind,  otherwise  than  as  provided  by  sections 
936  and  937  of  this  title,  is  to  that  extent  void. 

936.  Exception  in  favor  of  partnership  arrangements, — Partners 
may,  upon  or  in  anticipation  of  a  dissolution  of  the  partnership, 
agree  that  none  of  them  will  carry  on  a  similar  business  within  the 
same  city  or  town  where  the  partnership  business  has  been  trans- 
acted, or  within  a  specified  part  thereof. 

937.  Contract  in  restraint  of  marriage,  void. — Every  contract  in 
restraint  of  the  marriage  of  any  person,  other  than  a  minor,  is  void. 

Ckoss-Refebencb 

Conditions  in  restraint  of  marriage,  see  section  304  of  this  title. 

CHAPTER  32.— EXTINCTION  OF  CONTRACTS 


Art.  Sec. 

1.  In    general 941 

2.  Rescission 951 


Art. 

3.  Alteration 


Sec. 
md  cancelation J)ei 


ARTICLE  1.— IN  GENERAL 

Section  941.  Contract,  how  extinguished. — A  contract  may  be 
extinguished  in  like  manner  with  any  other  obligation,  and  also  in  the 
manner  prescribed  by  this  chapter. 

Ceoss-Reference 

Cancelation  of  instruments,  see  sections  2731  et  seq.,  of  this  title. 

ARTICLE  2.— RESCISSION 


Sec. 

951.  Rescission  extinguishes  contract. 

952.  Wlieu  party  may  rescind. 


Sec. 
953. 

954. 


When    stipulation.s    against    right    to 

rescind  do  not   defeat  it. 
Rescission,   how  effected. 


951.  Rescission    extinguishes    contract. — ^A    contract   is    extin- 
guished by  its  rescission. 

952.  When  party  may  rescind. — A  party  to  a  contract  may  re- 
scind the  same  in  the  following  cases  only : 

1.  If  the  consent  of  the  party  rescinding,  or  of  any  party  jointly 
contracting  with  him,  was  given  by  mistake,  or  obtained  through 


93083—34- 


-10 


137 


T.  3,  §  953]  TBE  CIVIL  CODE 

duress,  menace,  fraud,  or  undue  influence,  exercised  by  or  with  the 
connivance  of  the  party  as  to  whom  he  rescinds,  or  of  any  other 
party  to  the  contract  jointly  interested  with  such  party; 

2.  If,  through  the  fault  of  the  party  as  to  whom  he  rescinds,  the 
consideration  for  his  obligation  fails,  in  whole  or  in  part ; 

3.  If  such  consideration  becomes  entirely  void  from  any  cause; 

4.  If  such  consideration,  before  it  is  rendered  to  him,  fails  in  a 
material  respect,  from  any  cause;  or 

5.  By  consent  of  all  the  other  parties. 

Cross-References 

Cancelation  of  instruments,  see  sections  2731  et  seq.,  of  this  title. 

Contract  not  free,  when  obtained  by  mistake,  duress,  menace,  fraud,  or  undue 
influence,  see  section  823  of  this  title. 

False  representation,  rescission  of  insurance  policy  for,  see  section  1920  of 
this  title. 

Falsity  of  warranty,  rescission  of  insurance  policy  for,  see  section  1909  of 
this  title. 

Rescission,  see  sections  2721  et  seq.,  of  this  title. 

Stipulation  against  right  to  rescind,  see  section  953  of  this  title. 

Violation  of  material  warranty,  rescission  of  insurance  policy  for,  see 
section  1958  of  this  title. 

953.  When  stipulations  against  right  to  rescind  do  not  defeat 

it. — A  stipulation  that  errors  of  description  shall  not  avoid  a  contract, 
or  sliall  be  the  subject  of  compensation,  or  both,  does  not  take  away 
the  right  of  rescission  for  fraud,  nor  for  mistake,  where  such  mis- 
take is  in  a  matter  essential  to  the  inducement  of  the  contract,  and 
is  not  capable  of  exact  and  entire  compensation. 

954.  Rescission,  how  effected. — Rescission,  when  not  effected  by 
consent,  can  be  accomplished  only  by  the  use,  on  the  part  of  the 
party  rescinding,  of  reasonable  diligence  to  comply  with  the  fol- 
lowing rules : 

1.  He  must  rescind  promptly,  upon  discovering  the  facts  which 
entitle  him  to  rescind,  if  he  is  free  from  duress,  menace,  undue 
influence,  or  disability,  and  is  aware  of  his  right  to  rescind ;  and 

2.  He  must  restore  to  the  other  party  everything  of  value  which 
he  has  received  from  him  under  the  contract;  or  must  offer  to  restore 
the  same,  upon  condition  that  such  party  shall  do  likewise,  unless 
the  latter  is  unable  or  positively  refuses  to  do  so. 

Cross-Referenoe 
Rescission  of  contracts,  see  sections  2721  to  2723  of  this  title. 

ARTICLE  3.— ALTERATION  AND  CANCELATION 


Sec. 

961.  Alteration  of  verbal  contract. 

962.  Written   contracts,   how   modified. 

963.  Extinction  by  cancelation,  etc. 


Sec. 

964.  Extinction  by  unauthorized  alteration. 
96.5.  Alteration   of  duplicate,   not  to  preju- 
dice. 


961.  Alteration  of  verbal  contract. — A  contract  not  in  writing 
may  be  altered  in  any  respect  by  consent  of  the  parties,  in  writing. 


138 


THE  CIVIL  CODE 


[T.  3,  §  973 


without  a  new  consideration,  and  is  extinguished  thereby  to  the  ex- 
tent of  the  new  alteration. 

Cross-Keference 
Altered  writing,  who  to  explain,  see  title  4,  section  2032. 

962.  Written  contracts,  how  modified. — A  contract  in  writing 
may  be  altered  by  a  contract  in  writing,  or  by  an  executed  oral 
agreement,  and  not  otherwise. 

CllO'SS-IlEKERENCES 

Cancelation  of  contracts,  see  sections  2731  et  seq.,  of  this  title. 
Parol  evidence  to  alter  writings,  see  section  9D5  of  this  title ;  and  title  4, 
section  1874. 

963.  Extinction  by  cancelation,  etc. — The  destruction  or  cancel- 
ation of  a  written  contract,  or  of  the  signature  of  the  parties  liable 
thereon,  with  intent  to  extinguish  the  obligation  thereof,  extinguislies 
it  as  to  all  the  parties  consenting  to  the  act. 

964.  Extinction  by  unauthorized  alteration. — The  intentional  de- 
struction, cancelation,  or  material  alteration  of  a  written  contract, 
by  a  party  entitled  to  any  benefit  under  it,  or  with  his  consent,  ex- 
tinguishes all  the  executory  obligations  of  the  contract  in  his  favor, 
against  parties  who  do  not  consent  to  the  act. 

965.  Alteration  of  duplicate,  not  to  prejudice. — Where  a  contract 
is  executed  in  duplicate,  an  alteration  or  destruction  of  one  copy, 
while  the  other  exists,  is  not  within  the  provisions  of  the  next  pre- 
ceding section. 

CHAPTER  33.— OBLIGATIONS  IMPOSED  BY  LAW 


Sec. 

971.  Abstinence  from  injury. 

972.  Fraudulent  deceit. 
978.  Deceit,    what. 

974.  Deceit  upon  the  public,  etc. 

975.  Restoration    of    thing    wrongfully    ac- 

quired. 


Sec. 

976.  When  demand  necessary. 

977.  Responsibility    for   willful   acts,    negli- 

gence, etc. 

978.  other  obligations. 


Section  971.  Abstinence  from  injury. — Every  person  is  bound, 
without  contract,  to  abstain  from  injuring  the  person  or  property  of 
another,  or  infringing  upon  any  of  his  rights. 

972.  Fraudulent  deceit. — One  who  willfully  deceives  another  with 
intent  to  induce  him  to  alter  his  position  to  his  injury,  or  risk, 
is  liable  for  any  damage  which  he  thereby  suffers. 

Cboss-Reference 
Fraud,  see  sections  827  et  seq.,  of  this  title. 

973.  Deceit,  what. — A  deceit,  within  the  meaning  of  the  next  pre- 
ceding section,  is  either : 

1.  The  suggestion,  as  a  fact,  of  that  which  is  not  true,  by  one  who 
does  not  believe  it  to  be  true; 

2.  The  assertion,  as  a  fact,  of  that  which  is  not  true,  by  one  who 
has  no  reasonable  ground  for  believing  it  to  be  true ; 


139 


T.  3,  §  974]  TEE  CIVIL  CODE 

3.  The  suppression  of  a  fact,  by  one  who  is  bound  to  disclose  it, 
or  who  gives  information  of  other  facts  which  are  likely  to  mislead 
for  want  of  communication  of  that  fact;  or 

4.  A  promise  made  without  any  intention  of  performing  it. 

Ceoss-Refeeence 
Fraud,  actual  or  constructive,  see  sections  827  et  seq.,  of  this  title. 

974.  Deceit  opoii  the  public,  etc. — One  who  practices  a  deceit  with 
intent  to  defraud  the  public,  or  a  particular  class  of  persons,  is 
deemed  to  have  intended  to  defraud  every  individual  in  that  class, 
who  is  actually  misled  by  the  deceit. 

975.  Restoration  of  thing  wrongfully  acquired. — One  who  ob- 
tains a  thing  without  the  consent  of  its  owner,  or  by  a  consent  after- 
wards rescinded,  or  by  an  unlawful  exaction  which  the  owner  could 
not  at  the  time  prudently  refuse,  must  restore  it  to  the  person 
from  whom  it  was  thus  obtained,  unless  he  has  acquired  a  title 
thereto  superior  to  that  of  such  other  person,  or  unless  the  trans- 
action was  corrupt  and  unlawful  on  both  sides. 

976.  When  demand  necessary. — The  restoration  required  by  the 
next  preceding  section  must  be  made  without  demand,  except  where  a 
thing  is  obtained  by  mutual  mistake,  in  which  case  the  party  obtain- 
ing the  thing  is  not  bound  to  return  it  until  he  has  notice  of  the 
mistake. 

977.  Responsibility  for  willful  acts,  negligence,  etc. — Everyone 
is  responsible,  not  only  for  the  result  of  his  willful  acts,  but  also 
for  an  injury  occasioned  to  another  by  his  want  of  ordinary  care 
or  skill  in  the  management  of  his  property  or  person,  except  so 
far  as  the  latter  has  willfully  brought  the  injury  upon  himself. 
Want  of  ordinary  care  on  the  part  of  the  injured  person  shall  not 
bar  a  recovery,  but  the  damages  shall  be  diminished  by  the  court 
or  jury  in  proportion  to  the  want  of  ordinary  care  attributable  to 
such  person.  The  extent  of  liability  in  the  cases  covered  by  this 
section  is  defined  by  the  chapter  on  compensatory  relief. 

Ckoss-Reference 

Coinpensatory  relief,  see  sections  2621  et  seq.,  of  this  title. 

978.  Other  obligations. — Other  obligations  are  prescribed  by 
chaptei  s  2  to  26  of  this  title, 


140 


THE  CIVIL  CODE 


[T.  3,  §  982 


CHAPTER  34.— SALES  OF  GOODS 


Sec. 
981.  Contracts  to  sell  and  sales. 
'.)S2.  Capacity ;    liabilities   for  necessaries. 

983.  Form  of  contract  or  sale. 

984.  Statute  of  frauds. 

985.  Existing  and  future  goods. 

986.  Undivided  shares. 

987.  Destruction  of  goods  sold. 

988.  Destruction    of    goods    contracted    to 

bo  sold. 

989.  Deflnitiou      and      ascertainment      of 

price. 

990.  Sale  at  a  valuation. 

991.  Ettoct  of  condition. 

992.  Definition  of  express  warranty. 

993.  Implied  warranties  of  title. 

991.  Implied  warranty  in  sale  by  descrip- 
tion. 

995.  Implied  warranties  of  quality. 

996.  Implied  warranties  in  sale  by  sample. 

997.  No    property   passes   until   goods    are 

ascertained. 

998.  Property     in     specific    goods    passes 

when  parties  so  intend. 

999.  Rules  for  ascertaining  intention. 

1000.  Ilesorvatiou  of  right  of  possession  or 

property  when   goods   are  shipped. 

1001.  Sale  by  auction. 

1002.  Risk  of  loss. 

1003.  Sale  by  person  not  the  owner. 

1004.  Sale  by  one   having  a  voidable  title. 

1005.  Sale  by  seller  in  possession  of  goods 

already  sold. 

1006.  Creditors'    rights   against   sold   goods 

in  seller's  possession. 

1007.  Definition  of  negotiable  documents  of 

title. 

1008.  Negotiation  of  negotiable  documents 

Ijy  delivery. 

1009.  Negotiation    of  negotiable   documents 

by  indorsement. 

1010.  Negotiable  documents  of  title  marked 

'•  Not  Negotiable." 

1011.  Transfer  of  nonnegotiable  documents. 

1012.  Who  may  negotiate  a  document. 

1013.  Rights  of  person  to  whom  document 

has  been  negotiated. 

1014.  Rights  of  person  to  whom  document 

has  been  transferred. 

1015.  Transfer      of     negotiable     document 

without  indorsement. 

1016.  Warranties  on  sale  of  documents. 

1017.  Indorser  not  a  guarantor. 

1018.  When    negotiation    not    impaired    by 

fraud,    mistake,    or   duress. 

1019.  Attachment    or   levy   upon   goods   for 

which   a   negotiable   document  has 
been  issued. 


Sec. 

1020.  Creditor's    remedies    to    reach    nego- 

tiable documents. 

1021.  Seller    must    deliver    and    buyer    ac- 

cept goods. 

1022.  Delivery  and  payment  are  concurrent 

conditions. 

1023.  Place,  time,  and  manner  of  delivery. 

1024.  Delivery  of  wrong  quantity. 

1025.  Delivery    in  installments. 

1026.  Delivery  to  a  carrier  on  behalf  of  the 

buyer. 

1027.  Right    to   examine   the   goods. 

1028.  What  constitutes  acceptance. 

1029.  Acceptance   does    not    bar  action    for 

damages. 

1030.  Buyer  is  not  bound  to  return  goods 

wrongly   delivered. 

1031.  Buyer's    liability    for    failing    to    ac- 

cept delivery. 

1032.  Definition  of  unpaid  seller. 

1033.  Remedies  of  an  unpaid  seller. 

1034.  When    right    of    lien    may    be    exer- 

cised. 

1035.  Lien    after   part    delivery. 

1036.  When  lien   is   lost. 

1037.  Seller  may  stop  goods  on  buyer's  in- 

solvency. 

1038.  When  goods  are  in  transit. 

1039.  Ways  of  exercising  the  right  to  stop. 

1040.  When  and  how  resale  may  be  made. 

1041.  When    and    how    the    seller    may    re- 

scind the  sale. 

1042.  Effect  of  sale  of  goods  subject  to  lien 

or  stoppage  in  transitu. 

1043.  Action  for  the  price. 

1044.  Action    for    damages    for    nonaccept- 

ance  of  the  goods. 

1045.  When  seller  may  rescind  contract  or 

sale. 

1046.  Action    for    converting    or    detaining 

goods. 

1047.  Action  for  failing  to  deliver  goods. 

1048.  Specific  performance. 

1049.  Remedies   for  breach  of  warranty. 

1050.  Interest  and  special  damages. 

1051.  Variation  of  implied  obligations. 

1052.  Rights  may  be  enforced  by  action. 

1053.  Rule   for  cases  not  provided   for  by 

this  chapter. 

1054.  Provisions    not    applicable    to    mort- 

gages. 

1055.  Definitions. 

1058.  Chapter   does    not    apply    to    existing 

sales  or  contracts  to  sell. 
1057.  No  repeal  of  warehouse  laws. 


Note.— Tliis  chapter  was  derived  primarily  from  the  Uniform  Sales  Act. 

Section  981.  Contracts  to  sell  and  sales. — 1.  A  contract  to  sell 
goods  is  a  contract  whereby  the  seller  agrees  to  transfer  the  prop- 
erty in  goods  to  the  buyer  for  a  consideration  called  the  price. 

2.  A  sale  of  goods  is  an  agreement  whereby  the  seller  transfers  the 
property'  in  goods  to  the  buyer  for  a  consideration  called  the  price. 

3.  A  contract  to  sell  or  a  sale  may  be  absolute  or  conditional. 

4.  There  maj^  be  a  contract  to  sell  or  a  sale  between  one  part  owner 
and  another. 

982.  Capacity;  liabilities  for  necessaries. — Capacity  to  buy  and 
sell  is  regulated  by  the  general  law  concerning  capacity  to  contract, 
and  to  transfer  and  acquire  property.  Where  necessaries  are  sold 
and  delivered  to  an  infant,  or  to  a  person  who  by  reason  of  mental 


141 


T.  3,  §  983]  THE  CIVIL  CODE 

incapacity  or  drunkenness  is  incompetent  to  contract,  he  must  pay  a 
reasonable  price  therefor.  Necessaries  in  this  section  mean  goods 
suitable  to  the  condition  in  life  of  such  infant  or  other  person,  and 
to  his  actual  requirements  at  the  time  of  delivery. 

983.  Form  of  contract  or  sale. — Subject  to  the  provisions  of  this 
chapter  and  of  any  statute  in  that  behalf,  a  contract  to  sell  or  a  sale 
may  be  made  in  writing  (either  with  or  without  seal),  or  by  word 
of  mouth,  or  partly  in  writing  and  partly  by  word  of  mouth,  or  may 
be  inferred  from  the  conduct  of  the  parties. 

984.  Statute  of  frauds. — A  contract  to  sell  or  a  sale  of  any  goods 
or  choses  in  action  of  the  value  of  $50  or  upwards  shall  not  be 
enforceable  by  action  unless  the  buyer  shall  accept  part  of  the  goods 
or  choses  in  action  so  contracted  to  be  sold  or  sold,  and  actually 
receive  the  same,  or  give  something  in  earnest  to  bind  the  contract,  or 
in  part  payment,  or  unless  some  note  or  memorandum  in  writing  of 
the  contract  or  sale  be  signed  by  the  party  to  be  charged  or  his  agent 
in  that  behalf. 

2.  The  provisions  of  this  section  apply  to  every  such  contract  or 
sale,  notwithstanding  that  the  goods  may  be  intended  to  be  delivered 
at  some  future  time  or  may  not  at  the  time  of  such  contract  or  sale 
be  actually  made,  procured,  or  provided,  or  fit  or  ready  for  delivery, 
or  some  act  may  be  requisite  for  the  making  or  completing  thereof, 
or  rendering  the  same  fit  for  delivery;  but  if  the  goods  are  to  be 
manufactured  by  the  seller  especially  for  the  buyer  and  are  not  suit- 
able for  sale  to  others  in  the  ordinary  course  of  the  seller's  business, 
the  provisions  of  this  section  shall  not  apply. 

3.  There  is  an  acceptance  of  goods  within  the  meaning  of  this  sec- 
tion when  the  buyer,  either  before  or  after  delivery  of  the  goods, 
expresses  by  words  or  conduct  his  assent  to  becoming  the  owner  of 
those  specific  goods. 

CrfoSS-IvEFERENCE 

What  contracts  must  be  written,  in  general,  see  section  886  of  this  title. 

985.  Existing  and  future  goods. — 1.  The  goods  which  form  the 
subject  of  a  contract  to  sell  may  be  either  existing  goods,  owned  or 
possessed  by  the  seller,  or  goods  to  be  manufactured  or  acquired  by 
the  seller  after  the  making  of  the  contract  to  sell,  in  this  chapter 
called  "  future  goods." 

2.  There  may  be  a  contract  to  sell  goods,  the  acquisition  of  which 
by  the  seller  depends  upon  a  contingency  Avhich  may  or  may  not 
happen. 

3.  Where  the  parties  purport  to  effect  a  present  sale  of  future 
goods,  the  agreement  operates  as  a  contract  to  sell  the  goods. 

986.  Undivided  shares. — 1.  There  may  be  a  contract  to  sell  or  a 
sale  of  an  undivided  share  of  goods.  If  the  parties  intend  to  effect 
a  present  sale,  the  buyer,  by  force  of  the  agreement,  becomes  an 
owner  in  common  with  the  owner  or  owners  of  the  remaining  shares. 

2.  In  the  case  of  fungible  goods,  there  may  be  a  sale  of  an  un- 
divided share  of  a  s])ecific  mass,  though  the  seller  purports  to  sell 
and  the  buyer  to  buy  a  definite  number,  weight  or  measure  of  the 
goods  in  the  mass,  and  though  the  number,  weight  or  measure  of  the 

142 


TEE  CIVIL  CODE  [T.  3,  §  989 

goods  in  the  mass,  is  micletermined.  By  such  a  sale  the  buyer  be- 
comes owner  in  common  of  such  a  share  of  the  mass  as  the  number, 
weight,  or  measure  bought  bears  to  the  number,  weight,  or  measure 
of  the  mass.  If  the  mass  contains  less  than  the  number,  weight,  or 
measure  bought,  the  buyer  becomes  the  owner  of  the  whole  mass  and 
the  seller  is  bound  to  make  good  the  deficiency  from  similar  goods 
unless  a  contrary  intent  appears. 

987.  Destruction  of  goods  sold. — 1.  Wliere  the  parties  purport  to 
sell  specific  goods,  and  the  goods  without  the  knowledge  of  the  seller 
have  wholly  perished  at  the  time  when  the  agreement  is  made,  the 
agreement  is  void. 

2.  Where  the  parties  purport  to  sell  specific  goods,  and  the  goods 
without  the  knowledge  of  the  seller  have  perished  in  part  or  have 
wholly  or  in  a  material  part  so  deteriorated  in  quality  as  to  be  sub- 
stantially changed  in  character,  the  buyer  may  at  his  option  treat 
the  sale — 

fa)  As  avoided,  or 

(b)  As  transferring  the  property  in  all  of  the  existing  goods  or 
in  so  much  thereof  as  have  not  deteriorated,  and  as  binding  the 
buyer  to  pay  the  full  agreed  price  if  the  sale  was  indivisible,  or  to 
pay  the  agreed  price  for  the  goods  in  which  the  property  passes  if 
the  sale  was  divisible. 

988.  Destruction  of  goods  contracted  to  be  sold. — 1.  Where  there 
is  a  contract  to  sell  specific  goods,  and  subsequently,  but  before  the 
risk  passes  to  the  buyer,  without  any  fault  on  the  part  of  the  seller  or 
the  buyer,  the  goods  wholly  perish,  the  contract  is  thereby  avoided. 

2.  Where  there  is  a  contract  to  sell  specific  goods,  and  subse- 
quently, but  before  the  risk  passes  to  the  buyer,  without  any  fault  of 
the  seller  or  the  buyer,  part  of  the  goods  perish  or  the  whole  or  a 
material  part  of  the  goods  so  deteriorate  in  quality  as  to  be  sub- 
stantially changed  in  character,  the  buyer  may  at  his  option  treat 
the  contract — 

(a)  As  avoided,  or 

(b)  As  binding  the  seller  to  transfer  the  property  in  all  of  the 
existing  goods,  or  in  so  much  thereof  as  have  not  deteriorated,  and 
as  binding  the  buyer  to  pay  the  full  agreed  price  if  the  contract  was 
indivisible,  or  to  pay  the  agreed  price  for  so  much  of  the  goods  as 
the  seller,  by  the  buyer's  option,  is  bound  to  transfer  if  the  contract 
was  divisible. 

989.  Definition  and  ascertainment  of  price. — 1.  The  price  may  be 
fixed  by  the  contract,  or  may  be  left  to  be  fixed  in  such  manner  as 
may  be  agreed,  or  it  may  be  determined  by  the  course  of  dealing 
between  the  parties. 

2.  The  price  may  be  made  payable  in  any  personal  property. 

3.  Where  transferring  or  promising  to  transfer  any  interest  in 
real  estate  constitutes  the  whole  or  part  of  the  consideration  for 
transferring  or  for  promising  to  transfer  the  property  in  goods,  this 
chapter  shall  not  apply. 

4.  Where  the  price  is  not  determined  in  accordance  with  the  fore- 
going provisions  the  buyer  must  pay  a  reasonable  price.  What  is 
a  reasonable  price  is  a  question  of  fact  dependent  on  the  circum- 
stances of  each  particular  case. 

143 


T.  3,  §  990]  THE  CIVIL  CODE 

990.  Sale  at  a  valuation. — 1.  Where  there  is  a  contract  to  sell  or 
a  sale  of  goods  at  a  price  or  on  terms  to  be  fixed  by  a  third  person, 
and  such  third  person  without  fault  of  the  seller  or  tlie  buyer, 
cannot  or  does  not  fix  the  price  or  terms,  the  contract  or  the  sale 
is  thereby  avoided;  but  if  the  goods  or  any  part  thereof  have  been 
delivered  to  and  appropriated  by  the  buyer  he  must  pay  a  reasonable 
price  therefor. 

2.  Where  such  third  person  is  prevented  from  fixing  the  price  or 
terms  by  fault  of  the  seller  or  the  buyer,  the  party  not  in  fault  may 
have  such  remedies  against  the  party  in  fault  as  are  allowed  by  the 
appropriate  parts  of  this  chapter. 

991.  Effect  of  condition. — 1.  Where  the  obligation  of  either  party 
to  a  contract  to  sell  or  a  sale  is  subject  to  any  condition  which  is  not 
performed,  such  party  may  refuse  to  proceed  with  the  contract  or 
sale  or  he  may  waive  performance  of  the  condition.  If  the  other 
party  has  promised  that  the  condition  should  happen  or  be  per- 
formed, such  first  mentioned  party  may  also  treat  the  nonperform- 
ance of  the  condition  as  a  breach  of  warranty. 

2.  Where  the  property  in  the  goods  has  not  passed,  the  buyer  may 
treat  the  fulfillment  by  the  seller  of  his  obligation  to  furnish  goods 
as  described  and  as  warranted  expressly  or  by  implication  in  the 
contract  to  sell  as  a  condition  of  the  obligation  of  the  buyer  to  per- 
form his  promise  to  accept  and  pay  for  the  goods. 

992.  Definition  of  express  warranty. — Any  affirmation  of  fact  or 
any  promise  by  the  seller  relating  to  the  goods  is  an  express  warranty 
if  the  natural  tendency  of  such  affirmation  or  promise  is  to  induce 
the  buyer  to  purchase  the  goods,  and  if  the  buyer  purchases  the 
goods  relying  thereon.  No  affirmation  of  the  value  of  the  goods, 
nor  any  statement  purporting  to  be  a  statement  of  the  seller's  opinion 
only  shall  be  construed  as  a  warranty. 

993.  Implied  warranties  of  title. — In  a  contract  to  sell  or  a  sale, 
unless  contrary  intention  appears,  there  is 

1.  An  implied  warranty  on  the  part  of  the  seller  that  in  case  of 
a  sale  he  has  a  right  to  sell  the  goods,  and  that  in  case  of  a  contract 
to  sell  he  will  have  a  right  to  sell  the  goods  at  the  time  when  the 
property  is  to  pass; 

2.  An  implied  warranty  that  the  buyer  shall  have  and  enjoy  quiet 
possession  of  the  goods  as  against  any  lawful  claims  existing  at  the 
time  of  the  sale; 

3.  An  implied  warranty  that  the  goods  shall  be  free  at  the  time 
of  the  sale  from  any  charge  or  encumbrance  in  favor  of  any  third 
person,  not  declared  or  known  to  the  buyer  before  or  at  the  time 
when  the  contract  or  sale  is  made. 

4.  This  section  shall  not,  however,  be  held  to  render  liable  a  mar- 
shal, auctioneer,  mortgagee,  or  other  person  professing  to  sell  by 
virtue  of  authority  in  fact  or  law  goods  in  which  a  third  person  has 
a  legal  or  equitable  interest. 

994.  Implied  warranty  in  sale  by  description. — Where  there  is  a 
contract  to  sell  or  a  sale  of  goods  by  description,  there  is  an  implied 
warranty  that  the  goods  shall  correspond  with  the  description  and 

144 


THE  CIVIL  CODE  [T.  3,  §  998 

if  the  contract  or  sale  be  by  sample,  as  well  as  by  description,  it  is  not 
suflicient  that  the  bulk  of  the  goods  corresponds  with  the  sample  if 
the  goods  do  not  also  correspond  with  the  description. 

995.  Implied  warranties  of  quality. — Subject  to  the  provisions  of 

this  chapter  and  of  any  statute  in  that  behalf,  there  is  no  implied 
warrant}^  or  condition  as  to  the  quality  or  fitness  for  any  particular 
purpose  of  goods  supplied  under  a  contract  to  sell  or  a  sale,  except 
as  follows : 

1.  Where  the  buyer,  expressly  or  by  implication,  makes  known  to 
the  seller  the  particular  purpose  for  which  the  goods  are  required, 
and  it  ap^^ears  that  the  buyer  relies  on  the  seller's  skill  or  judgment 
(whether  he  be  the  grower  or  manufacturer  or  not),  there  is  an 
implied  warranty  that  the  goods  shall  be  reasonably  fit  for  such 
purpose. 

2.  Where  the  goods  are  bought  by  description  from  a  seller  who 
deals  in  goods  of  that  description  (whether  he  be  the  grower  or 
manufacturer  or  not),  there  is  an  implied  warranty  that  the  goods 
shall  be  of  merchantable  quality. 

3.  If  the  buyer  has  examined  the  goods,  there  is  no  implied  war- 
ranty as  regards  defects  which  such  examination  ought  to  have 
revealed. 

4.  In  the  case  of  a  contract  to  sell  or  a  sale  of  a  specified  article 
under  its  patent  or  other  trade  name,  there  is  no  implied  warranty 
as  to  its  fitness  for  any  particular  purpose. 

5.  An  implied  w^arranty  or  condition  as  to  quality  or  fitness  for 
a  particular  purpose  may  be  annexed  by  the  usage  of  trade. 

6.  x\n  express  warranty  or  condition  does  not  negative  a  warranty 
or  condition  implied  under  this  chapter  unless  inconsistent  therewith. 

996.  Implied  warranties  in  sale  by  sample. — In  the  case  of  a  con- 
tract to  sell  or  a  sale  by  sample : 

(a)  There  is  an  implied  warranty  that  the  bulk  shall  correspond 
with  the  sample  in  quality. 

(b)  There  is  an  implied  warranty  that  the  buyer  shall  have  a 
reasonable  opportunity  of  comparing  the  bulk  with  the  sample,  except 
so  far  as  otherwise  provided  in  subdivision  3  of  section  1027  of  this 
title. 

(c)  If  the  seller  is  a  dealer  in  goods  of  that  kind,  there  is  an 
implied  warranty  that  the  goods  shall  be  free  from  any  defect  ren- 
dering them  unmerchantable  which  would  not  be  apparent  on  reason- 
able examination  of  the  sample. 

997.  No  property  passes  until  goods  are  ascertained. — Where 

there  is  a  contract  to  sell  unascertained  goods  no  property  in  the 
goods  is  transferred  to  the  buyer  unless  and  until  the  goods  are  as- 
certained, but  property  in  an  undivided  share  of  ascertained  goods 
may  be  transferred  as  provided  in  section  986  of  this  title. 

998.  Property  in  specific  goods  passes  when  parties  so  intend. — 

1.  Where  there  is  a  contract  to  sell  specific  or  ascertained  goods,  the 
property  in  them  is  transferred  to  the  buyer  at  such  time  as  the 
parties  to  the  contract  intend  it  to  be  transferred. 


145 


T.  3,  §  999]  THE  CIVIL  CODE 

2.  For  the  purpose  of  ascertaining  the  intention  of  the  parties, 
regard  shall  be  had  to  the  terms  of  the  contract,  the  conduct  of  the 
parties,  usages  of  trade,  and  the  circumstances  of  the  case. 

999.  Rules  for  ascertaining  intention. — Unless  a  different  inten- 
tion appears,  the  following  are  rules  for  ascertaining  the  intention 
of  the  parties  as  to  the  time  at  which  the  property  in  the  goods  is 
to  pass  to  the  buyer  : 

liuLE  1.  Where  there  is  an  unconditional  contract  to  sell  specific 
goods,  in  a  deliverable  state,  the  property  in  the  goods  passes  to  the 
buyer  when  the  contract  is  made  and  it  is  immaterial  whether  the 
time  of  payment,  or  the  time  of  delivery,  or  both,  be  postponed. 

Rule  2.  AVhere  there  is  a  contract  to  sell  specific  goods  and  the 
seller  is  bound  to  do  something  to  the  goods,  for  the  purpose  of 
putting  them  into  a  deliverable  state,  the  property  does  not  pass  until 
such  thing  be  done. 

Rule  3.  1.  When  goods  are  delivered  to  the  buyer  "  on  sale  or 
return,"  or  on  otlier  terms  indicating  an  intention  to  make  a  present 
sale,  but  to  give  the  bu3^er  an  option  to  return  the  goods  instead  of 
paying  the  price,  the  property  passes  to  the  buyer  on  delivery,  but 
he  may  revest  the  property  in  the  seller  by  returning  or  tendering 
the  goods  within  the  time  fixed  in  the  contract,  or,  if  no  time  has 
been  fixed,  within  a  reasonable  time. 

2.  When  goods  are  delivered  to  the  buyer  on  approval  or  on  trial 
or  on  satisfaction,  or  other  similar  terms,  the  property  therein  passes 
to  the  buyer — 

(a)  When  he  signifies  his  approval  or  acceptance  to  the  seller  or 
does  any  other  act  adopting  the  transaction ; 

(b)  If  he  does  not  signify  his  approval  or  acceptance  to  the  seller, 
but  retains  the  goods  without  giving  notice  of  rejection,  then  if  a 
time  has  been  fixed  for  the  return  of  the  goods,  on  the  expiration  of 
such  time,  and,  if  no  time  has  been  fixed,  on  the  expiration  of  a  rea- 
sonable time.    What  is  a  reasonable  time  is  a  question  of  fact. 

Rule  4.  1.  Where  there  is  a  contract  to  sell  unascertained  or  future 
goods  by  description,  and  goods  of  that  description  and  in  a  deliver- 
able state  are  unconditionally  appropriated  to  the  contract,  either  by 
the  seller  v/ith  the  assent  of  the  buyer,  or  by  the  buyer  with  the 
assent  of  the  seller,  the  property  in  the  goods  thereupon  ]:)asses  to  the 
buyer.  Such  assent  may  be  expressed  or  implied,  and  may  be  given 
either  before  or  after  the  appropriation  is  made. 

2.  Where,  in  pursuance  of  a  contract  to  sell,  the  seller  delivers  the 
goods  to  the  buyer,  or  to  a  carrier  or  other  bailee  (whether  named 
by  the  buj^er  or  not)  for  the  purpose  of  transmission  to  or  holding 
for  the  buyer,  he  is  presumed  to  have  unconditionally  appro))riated 
the  goods  to  the  contract,  except  in  the  cases  provided  for  in  the  next 
rule  and  in  section  1000  of  this  title.  This  presumption  is  applicable, 
although  by  tlie  terms  of  the  contract  the  buyer  is  to  ])a3'^  the  price 
before  receiving  delivery  of  the  goods  and  the  goods  are  marked 
with  the  words  "  collect  on  delivery  "  or  their  equivalents. 

Rule  5.  If  tlie  contract  to  sell  requires  the  seller  to  deliver  the 
goods  to  the  buyer,  or  at  a  particular  place,  or  to  pay  the  freight  or 
cost  of  transportation  to  the  buyer,  or  to  a  particular  place,  the 


146 


THE  CIVIL  CODE  T.  3,  §  1001] 

property  does  not  pass  until  the  goods  have  been  delivered  to  the 
buyer  or  reached  the  place  agreed  upon. 

1000.  Reservation  of  right  of  possession  or  property  when  goods 
are  shipped. — 1.  Where  there  is  a  contract  to  sell  specific  goods,  or 
where  goods  are  subsequently  appropriated  to  the  contract,  the  seller 
may,  by  the  terms  of  the  contract  or  appropriation,  reserve  the  right 
of  possession  or  property  in  the  goods  until  certain  conditions  have 
been  fulfilled.  The  right  of  possession  or  property  may  be  thus 
reserved  notwithstanding  the  delivery  of  the  goods  to  the  buyer  or 
to  a  carrier  or  other  bailee  for  the  purpose  of  transmission  to  the 
buyer. 

2.  Where  goods  are  shipped,  and  by  the  bill  of  lading  the  goods 
are  deliverable  to  the  seller  or  his  agent,  or  to  the  order  of  the  seller 
or  of  his  agent,  the  seller  thereby  reserves  the  i)roperty  in  the  goods. 
But  if,  except  for  the  form  of  the  bill  of  lading  the  property  would 
have  passed  to  the  buyer  on  shiijment  of  the  goods,  the  seller's  prop- 
erty in  the  goods  shall  be  deemed  to  be  only  for  the  purpose  of  secur- 
ing performance  by  the  buyer  of  his  obligations  under  the  contract. 

3.  Where  goods  are  shipped,  and  by  the  bill  of  lading  the  goods 
are  deliverable  to  the  order  of  the  buyer  or  of  his  agent,  but  posses- 
sion of  the  bill  of  lading  is  retained  by  the  seller  or  his  agent,  the 
seller  thereby  reserves  a  right  to  the  possession  of  the  goods  as 
against  the  buyer. 

4.  Where  the  seller  of  goods  draws  on  the  buyer  for  the  price  and 
transmits  the  bill  of  exchange  and  bill  of  lading  together  to  the 
buyer  to  secure  acceptance  or  payment  of  the  bill  of  exchange,  the 
buyer  is  bound  to  return  the  bill  of  lading  if  he  does  not  honor  the 
bill  of  exchange,  and  if  he  wrongfully  retains  the  bill  of  lading  he 
acquires  no  added  right  thereby.  If,  however,  the  bill  of  lading 
provides  that  the  goods  are  deliverable  to  the  buyer  or  to  the  order 
of  the  buyer,  or  is  indorsed  in  blank,  or  to  the  buyer  by  the  con- 
signee named  therein,  one  who  purchases  in  good  faith,  for  value,  the 
bill  of  lading,  or  goods  from  the  buyer  will  obtain  the  property  in 
the  goods,  although  the  bill  of  exchange  has  not  been  honored,  \)vo- 
vided  that  such  purchaser  has  received  delivery  of  the  bill  of  lading 
indorsed  by  the  consignee  named  therein,  or  of  the  goods,  without 
notice  of  the  facts  making  the  transfer  wrongful. 

1001.  Sale  by  auction. — In  the  case  of  sale  by  auction — 

1.  Where  goods  are  put  up  for  sale  by  auction  in  lots  each  lot  is 
the  subject  of  a  separate  contract  of  sale. 

2.  A  sale  by  auction  is  complete  when  the  auctioneer  announces  its 
completion  by  the  fall  of  the  hammer,  or  in  other  customary  manner. 
Until  such  announcement  is  made,  any  bidder  may  retract  his  bid; 
and  the  auctioneer  may  withdraw  the  goods  from  sale  unless  the 
auction  has  been  announced  to  be  without  reserve. 

3.  A  right  to  bid  may  be  reserved  expressly  by  or  on  behalf  of  the 
seller. 

4.  Where  notice  has  not  been  given  that  a  sale  by  auction  is  sub- 
ject to  a  right  to  bid  on  behalf  of  the  seller,  it  shall  not  be  lawful  for 
the  seller  to  bid  himself  or  to  employ  or  induce  any  person  to  bid  at 
such  sale  on  his  behalf,  or  for  the  auctioneer  to  employ  or  induce 

147 


T.  3,  §  1002]  T3E  CIVIL  CODE 

any  person  to  bid  at  such  sale  on  behalf  of  the  seller  or  knowingly  to 
take  any  bid  from  the  seller  or  any  person  employed  by  him.  Any 
sale  contravening  this  rule  may  be  treated  as  fraudulent  by  the 
buyer. 

1002.  Risk  of  loss. — Unless  otherwise  agreed,  the  goods  remain  at 
the  seller's  risk  until  the  property  therein  is  transferred  to  the  buyer, 
but  when  the  property  therein  is  transferred  to  the  buyer  the  goods 
are  at  the  buyer's  risk  whether  delivery  has  been  made  or  not,  except 
that — 

(a)  Where  delivery  of  goods  has  been  made  to  the  buyer,  or  to  a 
bailee  for  the  buyer,  in  pursuance  of  the  contract  and  the  property 
in  the  goods  has  been  retained  by  the  seller  merely  to  secure  perform- 
ance by  the  buyer  of  his  obligations  under  the  contract,  the  goods  are 
at  the  buyer's  risk  from  the  time  of  such  delivery. 

(b)  Where  delivery  has  been  delayed  through  the  fault  of  either 
buyer  or  seller  the  goods  are  at  the  risk  of  the  party  in  fault  as 
regards  any  loss  which  might  not  have  occurred  but  for  such  fault. 

1003.  Sale  by  person  not  the  owner. — 1.  Subject  to  the  provisions 

of  this  chapter,  where  goods  are  sold  by  a  person  who  is  not  the 
owner  tliereof,  and  who  does  not  sell  them  under  the  authority  or 
with  the  consent  of  the  owner,  the  buyer  acquires  no  better  title  to 
the  goods  than  the  seller  had,  unless  the  owner  of  the  goods  is  by 
his  conduct  precluded  from  denying  the  seller's  authority  to  sell. 
2.  Nothing  in  this  chapter,  however,  shall  affect — 

(a)  The  provisions  of  any  factors'  acts,  recording  acts,  or  any 
enactment  enabling  the  apparent  owner  of  goods  to  dispose  of  them 
as  if  he  were  the  true  owner  thereof. 

(b)  The  validity  of  any  contract  to  sell  or  sale  under  any  special 
common  law  or  statutory  power  of  sale  or  under  the  order  of  a  court 
of  competent  jurisdiction. 

1004.  Sale  by  one  having  a  voidable  title. — Where  the  seller  of 
goods  has  a  voidable  title  thereto,  but  his  title  has  not  been  avoided  at 
the  time  of  the  sale,  the  buyer  acquires  a  good  title  to  the  goods,  pro- 
vided he  buys  them  in  good  faith,  for  value,  and  without  notice  of 
the  seller's  defect  of  title. 

1005.  Sale  by  seller  in  possession  of  goods  already  sold. — "^Vliere 
a  person  having  sold  goods  continues  in  possession  of  the  goods, 
or  of  negotiable  documents  of  title  to  the  goods,  the  delivery  or 
transfer  by  that  person,  or  by  an  agent  acting  for  him,  of  the  goods 
or  documents  of  title  under  any  sale,  pledge,  or  other  disposition 
thereof,  to  any  person  receiving  and  paying  value  for  the  same  in 
good  faith  and  without  notice  of  the  previous  sale,  shall  have  the 
same  effect  as  if  the  person  making  the  delivery  or  transfer  were 
expressly  authorized  by  the  owner  of  the  goods  to  make  the  same. 

1006.  Creditors'  rights  against  sold  goods  in  seller's  possession. — 

Where  a  person  having  sold  goods  continues  in  possession  of  the 
goods,  or  of  negotiable  documents  of  title  to  the  goods  and  such 
retention  of  possession  is  fraudulent  in  fact  or  is  deemed  fraudulent 
under  any  rule  of  law,  a  creditor  or  creditors  of  the  seller  may  treat 
the  sale  as  void. 

148 


THE  CIVIL  CODE  tT.  3.  §  1012 

1007.  Definition  of  negotiable  documents  of  title.— A  document 
of  title  in  which  it  is  stated  that  the  goods  referred  to  therein  will 
be  delivered  to  the  bearer,  or  to  the  order  of  any  person  named  in 
such  document  is  a  negotiable  document  of  title. 

1008.  Negotiation  of  negotiable  documents  by  delivery.— A  nego- 
tiable document  of  title  may  be  negotiated  by  delivery — 

(a)  Where,  by  the  terms  of  the  document,  the  carrier,  warehouse- 
man, or  other  bailee  issuing  the  same  undertakes  to  deliver  the  goods 
to  the  bearer ;  or 

(b)  Where,  by  the  terms  of  the  document,  the  carrier,  warehouse- 
man, or  other  bailee  issuing  the  same  undertakes  to  deliver  the  goods 
to  the  order  of  a  specified  person,  and  such  person  or  a  subsequent 
indorsee  of  the  document  has  indorsed  it  in  blank  or  to  bearer. 

Where,  by  the  terms  of  a  negotiable  document  of  title,  the  goods 
are  deliverable  to  bearer  or  where  a  negotiable  document  of  title  has 
been  indorsed  in  blank  or  to  bearer,  any  holder  may  indorse  the 
same  to  himself  or  to  any  other  specified  person,  and  in  such  case 
the  document  shall  thereafter  be  negotiated  only  by  the  indorsement 
of  such  indorsee. 

1009.  Negotiation  of  negotiable  documents  by  indorsement. — A 

negotiable  document  of  title  may  be  negotiated  by  the  indorsement 
of  the  person  to  whose  order  the  goods  are  by  the  terms  of  the  docu- 
ment deliverable.  Such  indorsement  maj  be  in  blank,  to  bearer  or 
to  a  specified  person.  If  indorsed  to  a  specified  person,  it  may  be 
again  negotiated  by  the  indorsement  of  such  person  in  blank,  to 
bearer  or  to  another  specified  person.  Subsequent  negotiation  may 
be  made  in  like  manner. 

lOiO.  Negotiable  documents  of  title  marked  "not  negotiable." — 

If  a  document  of  title  which  contains  an  undertaking  by  a  carrier, 
warehouseman,  or  other  bailee  to  deliver  the  goods  to  the  bearer,  to 
a  specified  person  or  order,  or  to  the  order  of  a  specified  person,  or 
which  contains  words  of  like  import,  has  placed  upon  it  the  words 
"  not  negotiable  ",  "  nonnegotiable  ",  or  the  like,  such  a  documxcnt 
may  nevertheless  be  negotiated  by  the  holder  and  is  a  negotiable 
document  of  title  within  the  meaning  of  this  chapter.  But  nothing 
in  this  chapter  contained  shall  be  construed  as  limiting  or  defining 
the  effect  upon  the  obligations  of  the  carrier,  warehouseman,  or 
other  bailee  issuing  a  document  of  title  of  placing  thereon  the  words 
"  not  negotiable  ",  "  nonnegotiable  ",  or  the  like. 

1011.  Transfer  of  nonnegotiable  documents. — A  document  of 
title  which  is  not  in  such  form  that  it  can  be  negotiated  by  delivery 
may  be  transferred  by  the  holder  by  delivery  to  a  purchaser  or 
donee.  A  nonnegotiable  document  cannot  be  negotiated,  and  the 
indorsement  of  such  a  document  gives  the  transferee  no  additional 
right. 

1012.  Who  may  negotiate  a  document. — A  negotiable  document 
of  title  may  be  negotiated — 

(a)  By  the  owner  thereof,  or 

(b)  By  any  person  to  whom  the  possession  or  custody  of  the 
document  has  been  entrusted  by  the  owner,  if,  by  the  terms  of  the 

149 


T.  3,  §  1013]  THE  CIVIL  CODE 

document  the  bailee  issuing  the  document  undertakes  to  deliver  the 
goods  to  the  order  of  the  person  to  whom  the  possession  or  custody 
of  the  document  has  been  entrusted,  or  if  at  the  time  of  such  entrust- 
ing the  document  is  in  such  form  that  it  may  be  negotiated  by 
delivery. 

1013.  Rights  of  person  to  whom  document  has  been  negotiated. — 

A  person  to  whom  a  negotiable  document  of  title  has  been  duly 
negotiated  acquires  thereby — 

(a)  Such  title  to  the  goods  as  the  person  negotiating  the  document 
to  him  had  or  had  ability  to  convey  to  a  purchaser  in  good  faith  for 
value  and  also  such  title  to  the  goods  as  the  person  to  whose  order 
the  goods  were  to  be  delivered  by  the  terms  of  the  document  had  or 
had  ability  to  convey  to  a  purchaser  in  good  faith  for  value,  and 

(b)  The  direct  obligation  of  the  bailee  issuing  the  document  to 
hold  possession  of  the  goods  for  him  according  to  the  terms  of  the 
document  as  iwWy  as  if  such  bailee  had  contracted  directly  with  him. 

1014.  Rights  of  person  to  whom  document  has  been  trans- 
ferred.— A  person  to  whom  a  document  of  title  has  been  transferred, 
but  not  negotiated,  acquires  thereby,  as  against  the  transferor,  the 
title  to  the  goods,  subject  to  the  terms  of  an}^  agreement  with  the 
transferor.  If  the  document  is  nonnegotiable,  such  person  also  ac- 
quires the  right  to  notify  the  bailee  who  issued  the  document  of  the 
transfer  thereof,  and  thereby  to  acquire  the  direct  obligation  of  such 
bailee  to  hold  pos-:ession  of  the  goods  for  him  according  to  the  terms 
of  the  document.  Prior  to  the  notification  of  such  bailee  by  the 
transferor  or  transferee  of  a  nonnegotiable  document  of  title,  the 
title  of  the  transferee  to  the  goods  and  the  right  to  acquire  the  obli- 
gation of  such  bailee  may  be  defeated  by  the  levy  of  an  attachment 
of  execution  upon  the  goods  by  a  creditor  of  the  transferor,  or  by  a 
notification  to  such  bailee  by  the  transferor  or  a  subsequent  purchaser 
from  the  transferor  of  a  subsequent  sale  of  the  goods  by  the 
transferor. 

1015.  Transfer  of  negotiable  document  without  indorsement. — 

Where  a  negotiable  document  of  title  is  transferred  for  value  by 
delivery,  and  the  indorsement  of  the  transferor  is  essential  for  nego- 
tiation, the  transferee  acquires  a  right  against  the  transferor  to 
compel  him  to  indorse  the  document  unless  a  contrary  intention  ap- 
pears. The  negotiation  shall  take  eifect  as  of  the  time  when  the 
indorsement  is  actually  made. 

1016.  Warranties  on  sale  of  document. — A  person  who  for  value 

negotiates  or  transfers  a  document  of  title  by  indorsement  or  de- 
livery, including  one  who  assigns  for  value  a  claim  secured  by  a 
document  of  title  unless  a  contrary  intention  appears,  warrants: 

(a)  That  the  document  is  genuine; 

(b)  That  he  has  a  legal  right  to  negotiate  or  transfer  it; 

(c)  That  he  has  knowledge  of  no  fact  which  would  impair  the 
validity  or  worth  of  the  document;  and 

(d)  That  he  has  a  riglit  to  transfer  the  title  to  the  goods  and  that 
the  goods  are  merchant!il)le  or  fit  for  a  particular  purpose,  when- 
ever such  warranties  would  have  been  implied  if  the  contract  of  the 

150 


THE  CIVIL  CODE  [T.  3,  §  1023 

parties  had  been  to  transfer  without  a  document  of  title  the  goods 
represented  thereby. 

1017.  Indorser  not  a  guarantor. — The  indorsement  of  a  document 
of  title  shall  not  make  the  indorser  liable  for  any  failure  on  the  part 
of  the  bailee  who  issued  the  document  or  previous  indorsers  thereof 
to  fulfill  their  respective  obligations. 

1018.  When  negotiation  not  impaired  by  fraud,  mistake,  or 
duress. — The  validity  of  the  negotiation  of  a  negotiable  document  of 
title  is  not  impaired  by  the  fact  that  the  negotiation  was  a  breach 
of  duty  on  the  part  of  the  person  making  the  negotiation,  or  by  the 
fact  that  the  owner  of  the  document  was  induced  by  fraud,  mistake 
or  duress  to  entrust  the  possession  or  custody  thereof  to  such  person, 
if  the  person  to  whom  the  document  was  negotiated  or  a  person  to 
whom  the  document  was  subsequently  negotiated  paid  value  therefor, 
without  notice  of  the  breach  of  duty,  or  fraud,  mistake  or  duress. 

1019.  Attachment  or  levy  upon  goods  for  which  a  negotiable 
document  has  been  issued. — If  goods  are  delivered  to  a  bailee  by  the 
owner  or  by  a  person  whose  act  in  conveying  the  title  to  them  to  a 
purchaser  in  good  faith  for  value  would  bind  the  owner  and  a  nego- 
tiable document  of  title  is  issued  for  them  they  cannot  thereafter, 
while  in  the  possession  of  such  bailee,  be  attached  by  garnishment  or 
otherwise  be  levied  upon  under  an  execution  unless  the  document  be 
first  surrendered  to  the  bailee  or  its  negotiation  enjoined.  The  bailee 
shall  in  no  case  be  compelled  to  deliver  up  the  actual  possession  of 
the  goods  until  the  document  is  surrendered  to  him  or  impounded  by 
the  court. 

1020.  Creditor's  remedies  to  reach  negotiable  documents. — A 

creditor  whose  debtor  is  the  owner  of  a  negotiable  document  of  title 
shall  be  entitled  to  such  aid  from  courts  of  appropriate  jurisdiction 
by  injunction  and  otherwise  in  attaching  such  document  or  in  satisfy- 
ing the  claim  by  means  thereof  as  is  allowed  at  law  or  in  equity  in 
regard  to  property  which  cannot  be  readily  attached  or  levied  upon 
by  ordinary  legal  process. 

1021.  Seller  must  deliver  and  buyer  accept  goods. — It  is  the  duty 
of  the  seller  to  deliver  the  goods,  and  of  the  buyer  to  accept  and 
pay  for  them,  in  accordance  with  the  terms  of  the  contract  to  sell 
or  sale. 

1022.  Delivery  and  payment  are  concurrent  conditions.— Unless 

otherwise  agreed,  delivery  of  the  goods  and  payment  of  the  price  are 
concurrent  conditions ;  that  is  to  say,  the  seller  must  be  ready  and 
willing  to  give  possession  of  the  goods  to  i\\Q  buyer  in  exchange  for 
the  price  and  the  buyer  must  be  ready  and  willing  to  pay  the  price 
in  exchange  for  possession  of  the  goods. 

1023.  Place,  time,  and  manner  of  delivery. — 1.  Whether  it  is  for 
the  buyer  to  take  possession  of  the  goods  or  for  the  seller  to  send 
them  to  the  buyer  is  a  question  depending  in  each  case  on  the  con- 
tract, express  or  implied,  between  the  parties.  Apart  from  any 
such  contract,  express  or  implied,  or  usage  of  trade  to  the  contrary, 
the  place  of  delivery  is  the  seller's  place  of  business  if  he  have  one, 

151 


[T.  3,  §  1012  THE  CIVIL  CODE 

and  if  not  his  residence ;  but  in  case  of  a  contract  to  sell  or  a  sale  of 
specific  goods,  which  to  the  knowledge  of  the  parties  when  the  con- 
tract or  the  sale  was  made  were  in  some  other  place,  then  that  place 
is  the  place  of  delivery. 

2.  Where  by  a  contract  to  sell  or  a  sale  the  seller  is  bound  to 
send  the  goods  to  the  buyer,  but  no  time  for  sending  them  is  fixed, 
the  seller  is  bound  to  send  them  within  a  reasonable  time. 

3.  Where  the  goods  at  the  time  of  sale  are  in  the  possession  of  a 
third  i^erson,  the  seller  has  not  fulfilled  his  obligation  to  deliver  to 
the  buyer  unless  and  until  such  third  person  acknowledges  to  the 
buyer  that  he  holds  the  goods  on  the  buyer's  behalf;  but  as  against 
all  others  than  the  seller  the  buyer  shall  be  regarded  as  having 
received  delivery  from  the  time  when  such  third  person  first  has 
notice  of  the  sale.  Nothing  in  this  section,  however,  shall  affect  the 
operation  of  the  issue  or  transfer  of  any  document  of  title  to  goods. 

4.  Demand  or  tender  of  delivery  may  be  treated  as  ineffectual 
unless  made  at  a  reasonable  hour.  What  is  a  reasonable  hour  is  a 
question  of  fact. 

5.  Unless  otherwise  agreed,  the  expenses  of  and  incidental  to  put- 
ting the  goods  into  a  deliverable  state  must  be  borne  by  the  seller. 

1024.  Delivery  of  wrong  quantity. — 1.  Where  the  seller  delivers 
to  the  buyer  a  quantity  of  goods  less  than  he  contracted  to  sell, 
the  buyer  may  reject  them,  but  if  the  buyer  accepts  or  retains  the 
goods  so  delivered,  knowing  that  the  seller  is  not  going  to  perform 
the  contract  in  full,  he  must  pay  for  them  at  contract  rate.  If, 
however,  the  buyer  has  used  or  disposed  of  the  goods  delivered  before 
he  knows  that  the  seller  is  not  going  to  perform  his  contract  in  full, 
the  buyer  shall  not  be  liable  for  more  than  the  fair  value  to  him  of 
the  goods  so  received. 

2.  Where  the  seller  delivers  to  the  buyer  a  quantity  of  goods 
larger  than  he  contracted  to  sell,  the  buyer  may  accept  the  goods 
included  in  the  contract  and  reject  the  rest,  or  he  may  reject  the 
whole.  If  the  buyer  accepts  the  whole  of  the  goods  so  delivered  he 
must  pay  for  them  at  the  contract  rate. 

3.  Where  the  seller  delivers  to  the  buyer  the  goods  he  contracted 
to  sell  mixed  with  goods  of  a  different  description  not  included  in 
the  contract,  the  buyer  may  accept  the  goods  which  are  in  accordance 
with  the  contract  and  reject  the  rest,  or  he  may  reject  the  whole. 

4.  The  provisions  of  this  section  are  subject  to  any  usage  of  trade, 
special  agreement,  or  course  of  dealing  between  the  parties. 

1025.  Delivery  in  installments. — 1.  Unless  otherwise  agreed,  the 
buyer  of  goods  is  not  bound  to  accept  delivery  thereof  by  install- 
ments. 

2.  Where  there  is  a  contract  to  sell  goods  to  be  delivered  by  stated 
installments,  which  are  to  be  separately  paid  for,  and  the  seller 
makes  defective  deliveries  in  respect  of  one  or  more  installments,  or 
the  buyer  neglects  or  refuses  to  take  delivery  of  or  pay  for  one  or 
more  installments,  it  depends  in  each  case  on  the  terms  of  the  con- 
tract and  the  circumstances  of  the  case  whether  the  breach  of  con- 
tract is  so  material  as  to  justify  the  injured  party  in  refusing  to 
proceed  further  and  suing  for  damages  for  breach  of  the  entire 

152 


THE  CIVIL  CODE  [T.  3,  §  1029 

contract,  or  whether  the  breach  is  severable,  giving  rise  to  a  claim 
for  compensation,  but  not  to  a  right  to  treat  the  whole  contract  as 
broken. 

1026.  Delivery  to  a  carrier  on  behalf  of  the  buyer. — 1.  Where,  in 
pursuance  of  a  contract  to  sell  or  a  sale,  the  seller  is  authorized  or 
required  to  send  the  goods  to  the  buyer,  delivery  of  the  goods  to  a 
carrier,  whether  named  by  the  buyer  or  not,  for  the  purpose  of 
transmission  to  the  buyer  is  deemed  to  be  a  delivery  of  the  goods 
to  the  buyer,  except  in  the  cases  provided  for  in  section  999  of  this 
title,  rule  five,  or  unless  a  contrary  intent  appears. 

2.  Unless  otherwise  authorized  by  the  buyer,  the  seller  must  make 
such  contract  with  the  carrier  on  behalf  of  the  buyer  as  may  be 
reasonable,  having  regard  to  the  nature  of  the  goods  and  the  other 
circumstances  of  the  case.  If  the  seller  omit  so  to  do,  and  the  goods 
are  lost  or  damaged  in  course  of  transit,  the  buyer  may  decline  to 
treat  the  delivery  to  the  carrier  as  a  delivery  to  himself,  or  may  hold 
the  seller  responsible  in  damages. 

3.  Unless  otherwise  agreed,  where  goods  are  sent  by  the  seller  to 
the  buyer  under  circumstances  in  which  the  seller  knows  or  ought 
to  know  that  it  is  usual  to  insure,  the  seller  must  give  such  notice 
to  the  buyer  as  may  enable  him  to  insure  them  during  their  transit, 
and,  if  the  seller  fails  to  do  so,  the  goods  shall  be  deemed  to  be  at 
his  risk  during  such  transit. 

1027.  Right  to  examine  the  goods. — 1.  Where  goods  are  delivered 
to  the  buyer,  which  he  has  not  previously  examined,  he  is  not  deemed 
to  have  accepted  them  unless  and  until  he  has  had  a  reasonable 
opportunity  to  examine  them  for  the  purpose  of  ascertaining 
whether  they  are  in  conformity  with  the  contract. 

2.  Unless  otherwise  agreed,  when  the  seller  tenders  delivery  of 
goods  to  the  buyer,  he  is  bound,  on  request,  to  afford  the  buyer  a 
reasonable  opportunity  of  examining  the  goods  for  the  purpose  of 
ascertaining  whether  they  are  in  conformity  with  the  contract. 

3.  Where  goods  are  delivered  to  a  carrier  by  the  seller,  in  accord- 
ance with  an  order  from  or  agreement  with  the  buyer,  upon  the 
terms  that  the  goods  shall  not  be  delivered  by  the  carrier  to  the 
buyer  until  he  has  paid  the  price,  whether  such  terms  are  indicated 
by  marking  the  goods  with  the  words  "  collect  on  delivery,"  or 
otherwise,  the  buyer  is  not  entitled  to  examine  the  goods  before  pay- 
ment of  the  price  in  the  absence  of  agreement  permitting  such 
examination. 

1028.  What  constitutes  acceptance. — The  buyer  is  deemed  to  have 
accepted  the  goods  when  he  intimates  to  the  seller  that  he  has  ac- 
cepted them,  or  when  the  goods  have  been  delivered  to  him  and  he 
does  any  act  in  relation  to  them  which  is  inconsistent  with  the 
ownership  of  the  seller,  or  when,  after  the  lapse  of  a  reasonable  time, 
he  retains  the  goods  without  intimating  to  the  seller  that  he  has 
rejected  them. 

1029.  Acceptance  does  not  bar  action  for  damages. — In  the  ab- 
sence of  express  or  implied  agreement  of  the  parties,  acceptance  of 
the  goods  by  the  buyer  shall  not  discharge  the  seller  from  liability 
in  damages  or  other  legal  remedy  for  breach  of  any  promise  or  war- 
ranty in  the  contract  to  sell  or  the  sale.     But,  if,  after  acceptance  of 

93083—34 H  153 


T.  3,  §  1030]  THE  CIVIL  CODE 

the  goods,  the  buyer  fails  to  give  notice  to  the  seller  of  the  breach  of 
any  promise  or  warranty  within  a  reasonable  time  after  the  buyer 
knows,  or  ought  to  know,  of  such  breach,  the  seller  shall  not  be  liable 
therefor. 

1030.  Buyer  is  not  bound  to  return  goods  wrongly  delivered. — 

Unless  otherwise  agreed,  where  goods  are  delivered  to  the  buyer, 
and  he  refuses  to  accept  them,  having  the  right  so  to  do,  he  is  not 
bound  to  return  them  to  the  seller,  but  it  is  sufficient  if  he  notifies  the 
seller  that  he  refuses  to  accept  them. 

1031.  Buyer's  liability  for  failing  to  accept  delivery. — ^When  the 

seller  is  ready  and  willing  to  deliver  the  goods,  and  requests  the 
buyer  to  take  delivery,  and  the  buyer  does  not  within  a  reasonable 
time  after  such  request  take  delivery  of  the  goods,  he  is  liable  to  the 
seller  for  any  loss  occasioned  by  his  neglect  or  refusal  to  take  deliv- 
ery, and  also  for  a  reasonable  charge  for  the  care  and  custody  of 
the  goods.  If  the  neglect  or  refusal  of  the  buyer  to  take  delivery 
amounts  to  a  repudiation  or  breach  of  the  entire  contract,  the  seller 
shall  have  the  rights  against  the  goods  and  on  the  contract  herein- 
after provided  in  favor  of  the  seller  when  the  buyer  is  in  default. 

1032.  Definition  of  unpaid  seller. — 1.  The  seller  of  goods  is 
deemed  to  be  an  unj^aid  seller  within  the  meaning  of  this  chapter: 

(a^  When  the  whole  of  the  price  has  not  been  paid  or  tendered. 

(b)  When  a  bill  of  exchange  or  other  negotiable  instrument  has 
been  received  as  conditional  payment,  and  the  condition  on  which  it 
was  received  has  been  broken  by  reason  of  the  dishonor  of  the  instru- 
ment, the  insolvency  of  the  buyer,  or  otherwise. 

2.  In  this  part  of  this  chapter  the  term  "  seller  "  includes  an  agent 
of  the  seller  to  whom  the  bill  of  lading  has  been  indorsed,  or  a 
consignor  or  agent  who  has  himself  paid,  or  is  directly  responsible 
for,  the  price,  or  any  other  person  who  is  in  the  position  of  a  seller. 

1033.  Remedies  of  an  unpaid  seller. — 1.  Subject  to  the  provisions 

of  this  chapter,  notwithstanding  that  the  property  in  the  goods  may 
have  passed  to  the  buyer,  the  unjiaid  seller  of  the  goods,  as  such  has : 

(a)  A  lien  on  the  goods  or  right  to  retain  them  for  the  price  while 
he  is  in  possession  of  them; 

(b)  In  case  of  the  insolvency  of  the  buyer,  a  right  of  stopping  the 
goods  in  transitu  after  he  has  parted  with  the  possession  of  them; 

(c)  A  right  of  resale  as  limited  by  this  chapter; 

(d)  A  right  to  rescind  the  sale  as  limited  by  this  chapter. 

2.  Where  the  property  in  goods  has  not  passed  to  the  buyer,  the 
unpaid  seller  has,  in  addition  to  his  other  remedies,  a  right  of  with- 
holding delivery  similar  to  and  coextensive  with  his  rights  of  lien 
and  stoppage  in  transitu  where  the  property  has  passed  to  the  buyer. 

1034.  When  right  of  lien  may  be  exercised. — 1.  Subject  to  the 
provisions  of  this  chapter,  the  unpaid  seller  of  goods  who  is  in  pos- 
session of  them  is  entitled  to  retain  possession  of  them  until  payment 
or  tender  of  the  price  in  the  following  cases,  namely : 

(a)  Where  the  goods  have  been  sold  without  any  stipulation  as 
to  credit; 


154 


THE  CIVIL  CODE  [T.  3,  §  1038 

(b)  Where  the  goods  have  been  sold  on  credit,  but  the  term  of 
credit  has  expired ; 

(c)  Where  the  buyer  becomes  insolvent. 

2.  The  seller  may  exercise  his  right  of  lien  notwithstanding  that 
he  is  in  jDossession  of  the  goods  as  agent  or  bailee  for  the  buyer. 

1035.  Lien  after  part  delivery. — Where  an  unpaid  seller  has  made 
part  delivery  of  the  goods,  he  may  exercise  his  right  of  lien  on  the 
remainder,  unless  such  part  delivery  has  been  made  under  such  cir- 
cumstances as  to  show  an  intent  to  waive  the  lien  or  right  of 
retention. 

1036.  When  lien  is  lost. — 1.  The  unpaid  seller  of  goods  loses  his 
lien  thereon : 

(a)  When  he  delivers  the  goods  to  a  carrier  or  other  bailee  for  the 
purpose  of  transmission  to  the  buyer  without  reserving  the  property 
in  the  goods  or  the  right  to  the  possession  thereof; 

(b)  When  the  buyer  or  his  agent  lawfully  obtains  possession  of 
the  goods ; 

(c)  By  waiver  thereof. 

2.  The  unpaid  seller  of  goods,  having  a  lien  thereon,  does  not  lose 
his  lien  by  reason  only  that  he  has  obtained  judgment  or  decree  for 
the  price  of  the  goods. 

1037.  Seller  may  stop  goods  on  buyer's  insolvency. — Subject  to 
the  provisions  of  this  chapter,  when  the  buyer  of  goods  is  or  becomes 
insolvent,  the  unpaid  seller  who  has  parted  with  the  possession  of  the 
goods  has  the  right  of  stopping  them  in  transitu,  that  is  to  say,  he 
may  resume  possession  of  the  goods  at  any  time  while  they  are  in 
transit,  and  he  will  then  become  entitled  to  the  same  rights  in  regard 
to  the  goods  as  he  would  have  had  if  he  had  never  parted  with  the 
possession. 

1038.  When  goods  are  in  transit. — 1.  Goods  are  in  transit  within 
the  meaning  of  the  next  preceding  section : 

(a)  From  the  time  when  they  are  delivered  to  a  carrier  by  land 
or  water,  or  other  bailee  for  the  purpose  of  transmission  to  the  buyer, 
until  the  buyer,  or  his  agent  in  that  behalf,  takes  delivery  of  them 
from  such  carrier  or  other  bailee ; 

(b)  If  the  goods  are  rejected  by  the  buyer,  and  the  carrier  or 
other  bailee  continues  in  possession  of  them,  even  if  the  seller  has 
refused  to  receive  them  back. 

2.  Goods  are  no  longer  in  transit  within  the  meaning  of  the  next 
preceding  section : 

(a)  If  the  buyer,  or  his  agent  in  that  behalf,  obtains  delivery  of 
the  goods  before  their  arrival  at  the  appointed  destination ; 

(b)  If,  after  the  arrival  of  the  goods  at  the  appointed  destination, 
the  carrier  or  other  bailee  acknowledges  to  the  buyer  or  his  agent  that 
he  holds  the  goods  on  his  behalf  and  continues  in  possession  of  them 
as  bailee  for  the  buyer  or  his  agent;  and  it  is  immaterial  that 
a  further  destination  for  the  goods  may  have  been  indicated  by  the 
buyer ; 

(c)  If  the  carrier  or  other  bailee  wrongfully  refuses  to  deliver 
the  goods  to  the  buyer  or  his  agent  in  that  behalf. 

155 


T.  3,  §  1039]  THE  CIVIL  CODE 

3.  If  the  goods  are  delivered  to  a  ship  chartered  by  the  buyer, 
it  is  a  question  depending  on  the  circumstances  of  the  particular  case 
whether  they  are  in  the  possession  of  the  master  as  a  carrier  or  as 
agent  of  the  buyer. 

4.  If  part  delivery  of  the  goods  has  been  made  to  the  buyer,  or  his 
agent  in  that  behalf,  the  remainder  of  the  goods  may  be  stopped  in 
transitu,  unless  such  part  delivery  has  been  made  under  such  circum- 
stances as  to  show  an  agreement  with  the  buyer  to  give  up  possession 
of  the  whole  of  the  goods. 

1039.  Ways  of  exercising  the  right  to  stop. — 1.  The  unpaid  seller 
may  exercise  his  right  of  stoppage  in  transitu  either  by  obtaining 
actual  possession  of  the  goods  or  by  giving  notice  of  his  claim  to 
the  carrier  or  other  bailee  in  whose  possession  the  goods  are.  Such 
notice  may  be  given  either  to  the  person  in  actual  possession  of  the 
goods  or  to  his  principal.  In  the  latter  case  the  notice,  to  be  effectual, 
must  be  given  at  such  time  and  under  such  circumstances  that  the 
principal,  by  the  exercise  of  reasonable  diligence,  may  prevent  a 
delivery  to  the  buyer. 

2.  When  notice  of  stoppage  in  transitu  is  given  by  the  seller  to  the 
carrier,  or  other  bailee  in  possession  of  the  goods,  he  must  redeliver 
the  goods  to,  or  according  to  the  directions  of,  the  seller. 

The  expenses  of  such  delivery  must  be  borne  by  the  seller.  If. 
however,  a  negotiable  document  of  title  representing  the  goods  has 
been  issued  by  the  carrier  or  other  bailee,  he  shall  not  be  obliged  to 
deliver  or  justified  in  delivering  the  goods  to  the  seller  unless  such 
document  is  first  surrendered  for  cancelation. 

1040.  When  and  how  resale  may  be  made. — 1.  Where  the  goods 
are  of  a  perishable  nature,  or  where  the  seller  expressly  reserves 
the  right  of  resale  in  case  the  buyer  should  make  default,  or  where 
the  buyer  has  been  in  default  in  the  payment  of  the  price  an  unreason- 
able time,  an  unpaid  seller  having  a  right  of  lien  or  having  stopped 
the  goods  in  transitu  may  resell  the  goods.  He  shall  not  thereafter 
be  liable  to  the  original  buyer  upon  the  contract  to  sell  or  the  sale 
or  for  any  profit  made  by  such  resale,  but  may  recover  from  the 
buyer  damages  for  any  loss  occasioned  by  the  breach  of  the  contract 
or  the  sale. 

2.  Where  a  resale  is  made,  as  authorized  in  this  section,  the  buyer 
acquires  a  good  title  as  against  the  original  buyer. 

3.  It  is  not  essential  to  the  validity  of  a  resale  that  notice  of  an 
intention  to  resell  the  goods  be  given  by  the  seller  to  the  original 
buyer.  But  where  the  right  to  resell  is  not  based  on  the  perishable 
nature  of  the  goods  or  upon  an  express  provision  of  the  contract  or 
the  sale,  the  giving  or  failure  to  give  such  notice  shall  be  relevant 
in  any  issue  involving  the  question  whether  the  buyer  had  been  in 
default  an  unreasonable  time  before  the  resale  was  made. 

4.  It  is  not  essential  to  the  validity  of  a  resale  that  notice  of  the 
time  and  place  of  such  resale  should  be  given  by  the  seller  to  the 
original  buyer. 

5.  The  seller  is  bound  to  exercise  reasonable  care  and  judgment 
in  making  a  resale,  and  subject  to  this  requirement  may  make  a 
resale  either  by  public  or  private  sale. 

156 


THE  CIVIL  CODE  [T.  3,  §  1043 

1041.  When  and  how  the  seller  may  rescind  the  sale. — 1.  An  un- 
paid seller  having  a  right  of  lien  or  having  stopped  the  goods  in 
transitu,  may  rescind  the  transfer  of  title  and  resume  the  property  in 
the  goods,  where  he  expressly  reserved  the  right  to  do  so  in  case 
the  buyer  should  make  default,  or  where  the  buyer  has  been  in 
default  in  the  payment  of  the  price  an  unreasonable  time.  The 
seller  shall  not  thereafter  be  liable  to  the  buyer  upon  the  contract 
to  sell  or  the  sale,  but  may  recover  from  the  buyer  damages  for  any 
loss  occasioned  by  the  breach  of  the  contract  or  the  sale. 

2.  The  transfer  of  title  shall  not  be  held  to  have  been  rescinded  by 
an  unpaid  seller  until  he  has  manifested  by  notice  to  the  buyer  or 
by  some  other  overt  act  an  intention  to  rescind.  It  is  not  necessary 
that  such  overt  act  should  be  communicated  to  the  buyer  but  the 
giving  or  failure  to  give  notice  to  the  buyer  of  the  intention  to 
rescind  shall  be  relevant  in  any  issue  involving  the  question  whether 
the  buyer  had  been  in  default  an  unreasonable  time  before  the  right 
of  rescission  was  asserted. 

1042.  Effect  of  sale  of  goods  subject  to  lien  or  stoppage  in 
transitu. — Subject  to  the  provisions  of  this  chapter,  the  unpaid 
seller's  right  of  lien  or  stoppage  in  transitu  is  not  affected  by  any 
sale,  or  other  disposition  of  the  goods  which  the  buyer  may  have 
made,  unless  the  seller  has  assented  thereto.  If,  however,  a  nego- 
tiable document  of  title  has  been  issued  for  goods,  no  seller's  lien 
or  right  of  stoppage  in  transitu  shall  defeat  the  right  of  any  pur- 
chaser for  value  in  good  faith  to  whom  such  document  has  been 
negotiated,  whether  such  negotiation  be  prior  or  subsequent  to  the 
notification  to  the  carrier,  or  other  bailee  who  issued  such  document, 
of  the  seller's  claim  to  a  lien  or  right  of  stoppage  in  transitu. 

1043.  Action  for  the  price. — 1.  Where,  under  a  contract  to  sell  or 
a  sale,  the  property  in  the  goods  has  passed  to  the  buyer,  and  the 
buyer  wrongfully  neglects  or  refuses  to  pay  for  the  goods  according 
to  the  terms  of  the  contract  or  the  sale,  the  seller  may  maintain 
an  action  against  him  for  the  price  of  the  goods. 

2.  Where,  under  a  contract  to  sell  or  a  sale,  the  price  is  payable 
on  a  day  certain,  irrespective  of  delivery  or  of  transfer  of  title,  and 
the  buyer  wrongfully  neglects  or  refuses  to  pay  such  price,  the  seller 
may  maintain  an  action  for  the  price,  although  the  property  in  the 
goods  has  not  passed,  and  the  goods  have  not  been  appropriated  to 
the  contract.  But  it  shall  be  a  defense  to  such  an  action  that  the 
seller  at  any  time  before  judgment  in  such  action  has  manifested 
an  inability  to  perform  the  contract  or  the  sale  on  his  part  or  an 
intention  not  to  perform  it. 

3.  Although  the  property  in  the  goods  has  not  passed,  if  they  can 
not  readily  be  resold  for  a  reasonable  price,  and  if  the  provisions  of 
subdivision  4  of  the  section  next  following  are  not  applicable, 
the  seller  may  offer  to  deliver  the  goods  to  the  buyer,  and  if  the 
buyer  refuses  to  receive  them,  may  notify  the  buyer  that  the  goods 
are  thereafter  held  by  the  seller  as  bailee  for  the  buyer.  Thereafter 
the  seller  may  treat  the  goods  as  the  buyer's  and  may  maintain  an 
action  for  the  price. 


157 


T.  3,  §  1044 J  THE  CIVIL  CODE 

1044.  Action  for  damages  for  nonacceptaiice  of  the  goods. — 

1.  Where  the  buyer  wrongfully  neglects  or  refuses  to  accept  and  pay 
for  the  goods,  the  seller  may  maintain  an  action  against  him  for 
damages  for  nonacceptance. 

2.  The  measure  of  damages  is  the  estimated  loss  directly  and  nat- 
urally resulting,  in  the  ordinar}^  course  of  events,  from  the  buyer's 
breach  of  contract. 

3.  Where  there  is  an  available  market  for  the  goods  in  ([uestion, 
the  measure  of  damages  is,  in  the  absence  of  special  circiniistances, 
showing  proximate  damage  of  a  greater  amount,  the  difference  be- 
tween the  contract  price  and  the  market  or  current  price  at  the  time 
or  times  when  the  goods  ought  to  have  been  accepted,  or,  if  no  time 
was  fixed  for  acceptance,  then  at  the  time  of  the  refusal  to  accept. 

4.  If,  while  labor  or  expense  of  material  amount  are  necessary  on 
the  part  of  the  seller  to  enable  him  to  fulfill  his  obligations  under 
the  contract  to  sell  or  the  sale,  the  buyer  repudiates  the  contract  or 
the  sale,  or  notifies  the  seller  to  proceed  no  further  therewith,  the 
buyer  shall  be  liable  to  the  seller  for  no  greater  damages  than  the 
seller  would  have  suffered  if  he  did  nothing  toward  carrying  out  the 
contract  or  the  sale  after  receiving  notice  of  the  buyer's  repudiation 
or  countermand.  The  profit  the  seller  would  have  made  if  the 
contract  or  the  sale  had  been  fully  performed  shall  be  considered  in 
estimating  such  damages. 

1045.  When  seller  may  rescind  contract  or  sale. — Where  the 
goods  have  not  been  delivered  to  the  buyer,  and  the  buyer  has  repu- 
diated the  contract  to  sell  or  sale,  or  has  manifested  his  inability  to 
perform  his  obligations  thereunder,  or  has  committed  a  material 
breacli  thereof,  the  seller  may  totally  rescind  the  contract  or  the  sale 
by  giving  notice  of  his  election  so  to  do  to  the  buyer, 

1046.  Action  for  converting  or  detaining  goods. — Where  the 
property  in  the  goods  has  passed  to  the  buyer  and  the  seller  wrong- 
fully neglects  or  refuses  to  deliver  the  goods,  the  buyer  may  maintain 
any  action  allowed  by  law  to  the  owner  of  goods  of  similar  kind 
when  wrongfully  converted  or  withheld. 

1047.  Action  for  failing  to  deliver  goods. — 1.  Where  the  property 
in  the  goods  has  not  passed  to  the  buyer,  and  the  seller  wrongfully 
neglects  or  refuses  to  deliver  the  goods,  the  buyer  may  maintain  an 
action  against  the  seller  for  damages  for  nondelivery, 

2.  The  measure  of  damages  is  the  loss  directly  and  naturally  re- 
sulting in  the  ordinary  course  of  events  from  the  seller's  breach  of 
contract. 

3.  Where  there  is  an  available  market  for  the  goods  in  question, 
the  measure  of  damages,  in  the  absence  of  special  circumstances 
showing  proximate  damages  of  a  greater  amount,  is  the  difference 
between  the  contract  price  and  the  market  or  current  price  of  the 
goods  at  the  time  or  times  when  they  ought  to  have  been  delivered, 
or,  if  no  time  was  fixed,  then  at  the  time  of  the  refusal  to  deliver. 

1048.  Specific  performance. — AVhere  the  seller  has  broken  a  con- 
tract to  deliver  specific  or  ascertained  goods,  a  court  having  the 
powers  of  a  court  of  equity  may,  if  it  thinks  fit,  on  the  api^lication 

158 


THE  CIVIL  CODE  [T.  3,  §  1049 

of  the  buyer,  by  its  judgment  or  decree,  direct  that  the  contract  shall 
be  performed  specitically,  without  giving  the  seller  the  option  of 
retaining  the  goods  on  payment  of  damages.  The  judgment  or  de- 
cree may  be  unconditional,  or  upon  such  terms  and  conditions  as 
to  damages,  payment  of  the  price  and  otherwise,  as  to  the  court  may 
seem  just. 

Cro  s  s  -R  efeben  ce 

Specific  performance  of  obligations  genemlly,  see  sections  2701  et  seq.,  of 
this  title. 

1049.  Remedies  for  breach  of  warranty. — 1.  Where  there  is  a 
breach  of  warranty  by  the  seller,  the  buyer  may,  at  his  election : 

(a)  Accept  or  keep  the  goods  and  set  up  against  the  seller  the 
breach  of  warranty  by  way  of  recoupment  in  diminution  or  extinc- 
tion of  the  price ; 

(b)  Accept  or  keep  the  goods  and  maintain  an  action  against  the 
seller  for  damages  for  the  breach  of  warranty; 

(c)  Refuse  to  accept  the  goods,  if  the  property  therein  has  not 
passed,  and  maintain  an  action  against  the  seller  for  damages  for 
the  breach  of  warranty ; 

(d)  Rescind  the  contract  to  sell  or  the  sale  and  refuse  to  receive 
the  goods,  or  if  the  goods  have  already  been  received,  return  them  or 
offer  to  return  them  to  the  seller  and  recover  the  price  or  any  part 
thereof  which  has  been  paid. 

2.  When  the  buyer  has  claimed  and  been  granted  a  remedy  in  any 
one  of  these  ways,  no  other  remedy  can  thereafter  be  granted. 

3.  Where  the  goods  have  been  delivered  to  the  buyer,  he  cannot 
rescind  the  sale  if  he  knew  of  the  breach  of  warranty  when  he  ac- 
cepted the  goods,  or  if  he  fails  to  notify  the  seller  within  a  reasonable 
time  of  the  election  to  rescind,  or  if  he  fails  to  return  or  to  offer  to 
return  the  goods  to  the  seller  in  substantially  as  good  condition  as 
they  were  in  at  the  time  the  property  was  transferred  to  the  buyer. 
But  if  deterioration  or  injury  of  the  goods  is  due  to  the  breach  of 
warranty,  such  deterioration  or  injury  shall  not  prevent  the  buyer 
from  returning  or  offering  to  return  the  goods  to  the  seller  and 
rescinding  the  sale. 

4.  Where  the  buyer  is  entitled  to  rescind  the  sale  and  elects  to  do 
so,  the  buyer  shall  cease  to  be  liable  for  the  price  upon  returning  or 
offering  to  return  the  goods.  If  the  price  or  any  part  thereof  has 
already  been  paid,  the  seller  shall  be  liable  to  repay  so  much  thereof 
as  has  been  paid,  concurrently  with  the  return  of  the  goods,  or  imme- 
diately after  an  offer  to  return  the  goods  in  exchange  for  repayment 
of  the  price. 

5.  Where  the  buyer  is  entitled  to  rescind  the  sale  and  elects  to  do 
so,  if  the  seller  refuses  to  accept  an  offer  of  the  buyer  to  return  tlie 
goods,  the  buyer  shall  thereafter  be  deemed  to  hold  the  goods  as 
bailee  for  the  seller,  but  subject  to  a  lien  to  secure  the  repayment 
of  any  portion  of  the  price  which  has  been  paid,  and  with  the  reme- 
dies for  the  enforcement  of  such  lien  allowed  to  an  unpaid  seller  by 
section  1033  of  this  title. 

6.  The  measure  of  damages  for  breach  of  warranty  is  the  loss 
directly  and  naturally  resulting,  in  the  ordinary  course  of  events, 
from  the  breach  of  warranty. 

159 


T.  3,  §  1050]  THE  CIVIL  CODE 

7.  In  the  case  of  breach  of  warranty  of  quality,  such  loss,  in  the 
absence  of  special  circumstances  showing  proximate  damage  of  a 
greater  amount,  is  the  difference  between  the  value  of  the  goods  at 
the  time  of  delivery  to  the  buyer  and  the  value  they  would  have  had 
if  they  had  answered  to  the  warranty. 

1050.  Interest  and  special  damages. — Nothing  in  this  chapter 
shall  affect  the  right  of  the  buyer  or  the  seller  to  recover  interest  or 
special  damages  in  any  case  where  by  law  interest  or  special  damages 
may  be  recoverable,  or  to  recover  money  paid  where  the  considera- 
tion for  the  payment  of  it  has  failed. 

1051.  Variation  of  implied  obligations. — Where  any  right,  duty, 
or  liability  would  arise  under  a  contract  to  sell  or  a  sale  by  implication 
of  law,  it  may  be  negatived,  or  varied  by  express  agreement  or  by 
the  course  of  dealing  between  the  parties,  or  by  customs,  if  the 
custom  be  such  as  to  bind  both  parties  to  the  contract  or  the  sale. 

1052.  Rights  may  be  enforced  by  action. — Where  any  right,  duty, 
or  liability  is  declared  by  this  chapter,  it  may,  unless  otherwise  by 
this  chapter  provided,  be  enforced  by  action. 

1053.  Rule  for  cases  not  provided  for  by  this  chapter. — In  any 

case  not  provided  for  in  this  chapter,  the  rules  of  law  and  equity, 
including  the  law  merchant,  and  in  particular  the  rules  relating  to 
the  law  of  principal  and  agent  and  to  the  effect  of  fraud,  misrepre- 
sentation, duress  or  coercion,  mistake,  or  other  invalidating  cause, 
shall  continue  to  apply  to  contracts  to  sell  and  sales  of  goods. 

1054.  Provisions  not  applicable  to  mortgages. — The  provisions  of 
this  chapter  relating  to  contracts  to  sell  and  to  sales  do  not  appl3\ 
unless  so  stated,  to  any  transaction  in  the  form  of  a  contract  to 
sell  or  a  sale  which  is  intended  to  operate  by  way  of  mortgage, 
pledge,  charge,  or  other  security. 

1055.  Definitions. — 1.  In  this  chapter,  unless  the  context  or  sub- 
ject matter  otherwise  requires : 

"  Action  "  includes  counterclaim,  set-off,  and  suit  in  equity. 

"  Buyer  "  means  a  person  who  buys  or  agrees  to  buy  goods  or  any 
legal  successor  in  interest  of  such  person. 

"  Defendant "  includes  a  plaintiff  against  whom  a  right  of  set-off 
or  counterclaim  is  asserted. 

"  Delivery  "  means  voluntary  transfer  of  possession  from  one  per- 
son to  another. 

"  Divisible  contract  to  sell  or  sale  "  means  a  contract  to  sell  or 
a  sale  in  which  by  its  terms  the  price  for  a  portion  or  portions 
of  the  goods  less  than  the  whole  is  fixed  or  ascertainable  by 
computation. 

"  Document  of  title  to  goods  "  includes  any  bill  of  lading,  dock 
warrant,  warehouse  receipt  or  order  for  the  delivery  of  goods,  or 
any  other  document  used  in  the  ordinary  course  of  business  in  the 
sale  or  transfer  of  goods,  as  proof  of  the  possession  or  control  of 
the  goods,  or  authorizing  or  purporting  to  authorize  the  possessor 
of  the  document  to  transfer  or  receive,  either  by  indorsement  or  by 
delivery,  goods  represented  by  such  document. 

"  Fault  "  means  wrongful  act  or  default. 

160 


THE  CIVIL  CODE  [T.  3,  §  1057 

"  Fungible  goods  "  means  goods  of  which  any  unit  is  from  its 
nature  or  by  mercantile  usage  treated  as  the  equivalent  of  any  other 
unit. 

"  Future  goods  "  means  goods  to  be  manufactured  or  acquired  by 
the  seller  after  the  making  of  the  contract  of  sale. 

"  Goods  "  includes  all  chattels  personal  other  than  things  in  action 
and  money.  The  term  includes  emblements,  industrial  growing 
crops,  and  things  attached  to  or  forming  part  of  the  land  which  are 
agreed  to  be  severed  before  sale  or  under  the  contract  of  sale. 

"  Order  "  in  sections  of  this  chapter  relating  to  documents  of  title 
means  an  order  by  indorsement  on  the  document. 

"  Person  "  includes  a  corporation  or  partnership  or  two  or  more 
persons  having  a  joint  or  common  interest. 

"  Plaintiff "  includes  defendant  asserting  a  right  of  set-off  or 
counterclaim. 

"  Property  "  means  the  general  property  in  goods,  and  not  merely 
a  special  property. 

"  Purchases  "  includes  taking  as  a  mortgagee  or  as  a  pledgee. 

"  Purchaser  "  includes  mortgagee  and  pledgee. 

"  Quality  of  goods  "  includes  their  state  or  condition. 

"  Sale  "  includes  a  bargain  and  sale  as  well  as  a  sale  and  delivery. 

"  Seller  "  means  a  person  who  sells  or  agrees  to  sell  goods,  or  any 
legal  successor  in  the  interest  of  such  person. 

'"'  Specific  goods  "  means  goods  identified  and  agreed  upon  at  the 
time  a  contract  to  sell  or  a  sale  is  made. 

2.  A  thing  is  done  "  in  good  faith  "  within  the  meaning  of  this 
chapter  when  it  is  in  fact  done  honestly,  whether  it  be  done  negli- 
gently or  not. 

3.  A  person  is  insolvent  within  the  meaning  of  this  chapter  who 
either  has  ceased  to  pay  his  debts  in  the  ordinary  course  of  business 
or  cannot  pay  his  debts  as  they  become  due,  whether  he  has  com- 
mitted an  act  of  bankruptcy  or  not,  and  whether  he  is  insolvent 
within  the  meaning  of  the  federal  bankruptcy  law  or  not. 

4.  Goods  are  in  a  "  deliverable  state  "  within  the  meaning  of  this 
chapter  when  they  are  in  such  a  state  that  the  buyer  would,  under 
the  contract,  be  bound  to  take  delivery  of  them. 

1056.  Chapter  does  not  apply  to  existing  sales  or  contracts  to 
sell. — None  of  the  provisions  of  this  chapter  shall  apply  to  any  sale, 
or  to  any  contract  to  sell,  made  prior  to  the  taking  effect  of  this 
chapter. 

1057.  No  repeal  of  warehouse  laws. — Nothing  in  this  chapter 
shall  be  construed  to  repeal  or  limit  any  of  the  provisions  of  sections 
1141  to  1193  of  this  title. 


lUi 


T.  3. §  1061] 


THE  CIVIL  CODE 


CHAPTER  35.— CONDITIONAL  SALES 


Retaking  possession. 

Notice  of  intention  to  retake. 

Redemption. 

Compulsui-y   resale   by   seller. 

Resale  at  option   of  parties. 

Proceeds   of  resale. 

Deflcioncy  on  resale. 

Rights  of  parties  where  there   is   no 

resale. 
Election  of  remedies. 
Recovery  of  part  payments. 
Waiver   of   statutory    protection. 
Loss  and  increase. 
Rules  for  cases  not  provided  for. 


Sec.  Sec. 

lOGl.   Definitions.  1073. 

1062.  Primary   rights   of  seller.  1074. 

1063.  Primary  rights  of  buyer.  1075. 
1004.   Conditional     sales     valid     except     as  1076. 

otherwise  provided.  1077. 

1065.  Conditional   sales  void   as  to   certain  1078. 

persons.  1079. 

1066.  Place  of  filing.  lOSO. 

1067.  Conditional  sale  of  goods  for  resale. 
106S.   Filing.  1081. 
lOGJ).   Refiling.  1082. 

1070.  Cancelation   of   contract.  1083. 

1071.  Prohibition  of  removal  or  sale  with-  1084. 

out  notice.  1085. 

1072.  Fraudulent    injury,    concealment,    re- 

moval, or  sale. 

Note. — This  chapter  was  derived  from  the  Uniform  Conditional  Sales  Act. 

Section  1061.  Definitions. — In  this  chapter  "  conditional  sale " 
means  (1)  any  contract  for  the  sale  of  goods  under  which  possession 
is  delivered  to  the  buyer  and  the  property  in  the  goods  is  to  vest  in 
the  buyer  at  a  subsequent  time  upon  the  payment  of  part  or  all  of 
the  price,  or  upon  the  performance  of  any  other  condition  or  the  hap- 
pening of  any  contingency;  or  (2)  any  contract  for  the  bailment  or 
leasing  of  goods  by  which  the  bailee  or  lessee  contracts  to  pay  as 
compensation  a  sum  substantially  equivalent  to  the  value  of  the 
goods,  and  by  which  it  is  agreed  that  the  bailee  or  lessee  is  bound  to 
become,  or  has  the  option  of  becoming  the  owner  of  such  goods  upon 
full  compliance  with  the  terms  of  the  contract. 

"  Buyer  "  means  the  person  who  buys  or  hires  the  goods  covered 
by  the  conditional  sale,  or  any  legal  successor  in  interest  of  such 
person. 

"  Goods  "  means  all  chattels  personal  other  than  things  in  action 
and  money,  and  includes  emblements,  industrial  growing  crops,  and 
things  attached  to  or  forming  a  part  of  land  wdiich  are  agreed  to  be 
severed  before  sale  or  under  the  conditional  sale. 

"  Performance  of  the  condition  "  means  the  occurrence  of  the  event 
npon  which  the  property  in  the  goods  is  to  vest  in  the  buyer,  whether 
such  event  is  the  performance  of  an  act  by  the  buyer  or  the  happen- 
ing of  a  contingency. 

"  Person  "  includes  an  individual,  j)artnership,  corporation,  and 
any  other  association. 

"  Purchase  "  includes  mortgage  and  pledge. 

"  Purchaser  "  includes  mortgagee  and  pledgee. 

"  Seller  "  means  the  person  who  sells  or  leases  the  goods  covered 
by  the  conditional  sale,  or  any  legal  successor  in  intei-est  of  such 
person. 

1062.  Primary  rights  of  seller. — The  buyer  shall  be  liable  to  the 
seller  for  the  ])urchase  price,  or  for  instalhuents  thereof,  as  the  same 
shall  become  due,  and  for  breach  of  all  promises  made  by  him  in  the 
conditional  sale  contract,  whether  or  not  the  property  in  the  goods 
has  passed  to  the  buyer. 

1063.  Primary  rights  of  buyer.— The  buyer  shall  have  the  right 

when  not  in  default  to  retain  jwssession  of  the  goods,  and  he  shall 
also  have  the  right  to  acquire  the  property  in  the  goods  on  the 


162 


THE  CIVIL  CODE  [T.  3,  §  1069 

performance  of  the  conditions  of  the  contract.  The  seller  shall  be 
liable  to  the  buyer  for  the  breach  of  all  promises  and  warranties, 
express  or  implied,  made  in  the  conditional  sale  contract,  whether  or 
not  the  property  in  the  goods  has  passed  to  the  buyer. 

1064.  Conditional  sales  valid  except  as  otherwise  provided. — 

Every  provision  in  a  conditional  sale  reserving  property  in  the 
seller  after  possession  of  the  goods  is  delivered  to  tlie  buyer,  shall  be 
valid  as  to  all  persons,  except  as  hereinafter  otherwise  provided. 

1065.  Conditional  sales  void  as  to  certain  persons. — Every  provi- 
sion in  a  conditional  sale  reserving  property  in  the  seller  shall  be 
void  as  to  an}^  purchaser  from  or  creditor  of  the  buyer,  who,  without 
notice  of  such  provision,  purchases  the  goods  or  acquires  by  attach- 
ment or  levy  a  lien  upon  them,  before  the  contract  or  a  copy  thereof 
shall  be  filed  as  hereinafter  provided.  This  section  shall  not  apply 
to  conditional  sales  of  goods  for  resale. 

1066.  Place  of  filing. — The  conditional  sale  contract  or  a  copy 
thereof  shall  be  filed  in  the  office  of  the  registrar  of  property  of  the 
Canal  Zone. 

Cross-Refebencb 

Clerk  of  district  court  as  ex-offlcio  registrar  of  property,  see  title  4,  section 
967. 

1067.  Conditional  sale  of  goods  for  resale. — Wlien  goods  are  de- 
livered under  a  conditional  sale  contract  and  the  seller  expressly  or 
impliedly  consents  that  the  buyer  may  resell  them  prior  to  perform- 
ance of  the  condition,  the  same  shall  be  valid  whether  filed  or  not 
except  that  the  reservation  of  property  shall  be  void  against  pur- 
chasers from  the  buyer  in  good  faith  for  value  and  without  actual 
knowledge  of  the  condition  of  such  contract. 

1068.  Filing. — The  registrar  of  property  shall  mark  upon  contract 
or  copy  filed  with  him  the  day  and  hour  of  filing  and  shall  file  the 
contract  or  copy  in  his  office  for  public  inspection.  He  shall  keep  a 
separate  book  in  which  he  shall  enter  the  names  of  the  seller  and 
buyer,  the  date  of  the  contract,  the  day  and  hour  of  filing,  a  brief 
description  of  the  goods,  the  price  named  in  the  contract,  and  the 
date  of  cancellation  thereof.  Such  book  shall  be  indexed  under  the 
names  of  both  seller  and  buyer.  For  filing  and  entering  such  con- 
tract or  copy,  or  any  assignment  of  such  a  contract,  the  registrar 
shall  be  entitled  to  a  fee  of  50  cents. 

1069.  Refiling. — The  filing  of  conditional  sale  contracts  provided 
for  in  sections  1065  and  10G6  of  this  title  shall  be  valid  for  a  period 
of  three  years  only.  The  validity  of  the  filing  may  in  each  case  be 
extended  for  successive  additional  periods  of  one  year  from  the  date 
of  refiling  by  filing  a  copy  of  the  original  contract  within  thirty 
days  next  preceding  the  expiration  of  each  period,  with  a  statement 
attached  signed  by  the  seller,  showing  that  the  contract  is  in  force 
and  the  amount  remaining  to  be  paid  thereon.  Such  copy,  with 
statement  attached,  shall  be  filed  and  entered  in  the  same  manner  as 
a  contract  or  copy  filed  and  entered  for  the  first  time,  and  the 
registrar  of  property  shall  be  entitled  to  a  like  fee  as  upon  the 
original  filing. 

163 


T.  3,  §  1070]  THE  CIVIL  CODE 

1070.  Cancelation  of  contract. — After  the  performance  of  the 
condition,  upon  written  demand  delivered  personally  or  by  reg- 
istered mail  by  the  buyer  or  any  other  person  having  an  interest 
in  the  goods,  the  seller  shall  execute,  acknowledge,  and  deliver  to 
the  demandant  a  statement  that  the  condition  in  the  contract  has 
been  performed.  If  for  ten  days  after  such  demand  the  seller  fails 
to  mail  or  deliver  such  a  statement  of  satisfaction,  he  shall  forfeit 
to  the  demandant  $5  and  be  liable  for  all  damages  suffered.  Upon 
presentation  of  such  statement  of  satisfaction  the  registrar  of  prop- 
erty shall  file  the  same  and  note  the  cancellation  of  tlie  contract  and 
the  date  thereof  on  the  margin  of  the  page  where  the  contract  has 
been  entered.  For  filing  and  entering  the  statement  of  satisfaction 
the  filing  officer  shall  be  entitled  to  a  fee  of  25  cents. 

1071.  Prohibition  of  removal  or  sale  without  notice. — Unless  the 
contract  otherwise  provides,  the  buyer  may,  without  the  consent  of 
the  seller,  remove  the  goods  from  the  Canal  Zone  and  sell,  mortgage, 
or  otherwise  dispose  of  his  interest  in  them;  but  prior  to  the  per- 
formance of  the  condition,  no  such  buyer  shall  remove  the  goods 
from  the  Canal  Zone,  except  for  temporary  uses  for  a  period  of 
not  more  than  thirty  days,  unless  the  buyer  not  less  than  thirty 
days  before  such  removal  shall  give  the  seller  personally  or  by  reg- 
istered mail  written  notice  of  the  place  to  which  the  goods  are  to 
be  removed  and  the  approximate  time  of  such  intended  removal; 
nor  prior  to  the  performance  of  the  conditions  shall  the  buyer  sell, 
mortgage,  or  otherwise  dispose  of  his  interest  in  the  goods,  unless 
he,  or  the  person  to  whom  he  is  about  to  sell,  mortgage,  or  otherwise 
dispose  of  the  same,  shall  notify  the  seller  in  writing  personally  or 
by  registered  mail  of  the  name  and  address  of  the  person  to  whom 
his  interest  in  the  goods  is  about  to  be  sold,  mortgaged,  or  otherwise 
transferred,  not  less  than  ten  days  before  such  sale,  mortgage,  or 
other  disposal.  If  any  buyer  does  so  remove  the  goods,  or  does  so 
sell,  mortgage,  or  otherwise  dispose  of  his  interest  in  them  without 
such  notice  or  in  violation  of  the  contract,  the  seller  may  retake 
possession  of  the  goods  and  deal  with  them  as  in  case  of  default  in 
payment  of  part  or  all  of  the  purchase  price. 

1072.  Fraudulent  injury,  concealment,  removal,  or  sale. — When, 
prior  to  the  performance  of  the  condition,  the  buyer  maliciously 
or  with  intent  to  defraud,  shall  injure,  destroy,  or  conceal  the  goods, 
or  remove  them  from  the  Canal  Zone,  without  having  given  the 
notice  required  by  the  next  preceding  section,  or  shall  sell,  mortgage, 
or  otherwise  dispose  of  such  goods  under  claim  of  full  ownership,  he 
shall  be  ^lilty  of  a  crime  and  upon  conviction  thereof  shall  be  im- 
prisoned in  jail  for  not  more  than  one  year  or  be  fined  not  more  than 
$500  or  both. 

1073.  Retaking  possession.— Wlien  the  buyer  shall  be  in  default 
in  the  payment  of  any  sum  due  under  the  contract,  or  in  the  per- 
formance of  any  other  condition  which  the  contract  requires  him 
to  perform  in  order  to  obtain  the  property  in  the  goods,  or  in 
the  performance  of  any  promise,  the  breach  of  which  is  by  the  con- 
tract expressly  made  a  ground  for  the  retaking  of  the  goods,  the 
seller  may  retake  possession  thereof.    Unless  the  goods  can  be  retaken 

164 


THE  CIVIL  CODE  [T.  3,  §  1076 

without  breach  of  the  peace,  they  shall  be  retaken  by  legal  process; 
but  nothing  herein  shall  be  construed  to  authorize  a  violation  of 
the  criminal  law. 

1074.  Notice  of  intention  to  retake. — Not  more  than  forty  nor 
less  than  twenty  days  prior  to  the  retaking,  the  seller,  if  he  so 
desires,  may  serve  upon  the  buyer  personally  or  by  registered  mail 
a  notice  of  intention  to  retake  the  goods  on  account  of  the  buyer's 
default.  The  notice  shall  state  the  default  and  the  period  at  the 
end  of  which  the  goods  will  be  retaken,  and  shall  briefly  and  clearly 
state  what  the  buyer's  rights  under  this  chapter  will  be  in  case  they 
are  retaken.  If  the  notice  is  so  served  and  the  buyer  does  not  per- 
form the  obligations  in  which  he  has  made  default  before  the  day 
set  for  retaking,  the  seller  may  retake  the  goods  and  hold  them 
subject  to  the  provisions  of  sections  1076  to  1080  of  this  title 
regarding  resale,  but  without  any  right  of  redemption. 

1075.  Redemption. — If  the  seller  does  not  give  the  notice  of  inten- 
tion to  retake  described  in  the  next  preceding  section,  he  shall  retain 
the  goods  for  ten  days  after  the  retaking  within  the  Canal  Zone, 
during  which  period  the  buyer,  upon  payment  or  tender  of  the 
amount  due  under  the  contract  at  the  time  of  retaking  and  interest, 
or  upon  performance  or  tender  of  performance  of  such  other  condi- 
tion as  may  be  named  in  the  contract  as  precedent  to  the  passage 
of  the  property  in  the  goods,  or  upon  performance  or  tender  of 
l^erformance  of  any  other  promise  for  the  breach  of  which  the  goods 
were  retaken,  and  upon  payment  of  the  expenses  of  retaking,  keep- 
ing, and  storage,  may  redeem  the  goods  and  become  entitled  to  take 
possession  of  them  and  to  continue  in  the  performance  of  the  con- 
tract as  if  no  default  had  occurred.  Upon  written  demand  delivered 
personally  or  by  registered  mail  by  the  buyer,  the  seller  shall  furnish 
to  the  buyer  a  written  statement  of  the  sum  due  under  the  contract 
and  the  expense  of  retaking,  keeping,  and  storage.  For  failure  to  fur- 
nish such  statement  within  a  reasonable  time  after  demand,  the 
seller  shall  forfeit  to  the  buyer  $10  and  also  be  liable  to  him  for  all 
damages  suffered  because  of  such  failure.  If  the  goods  are  perish- 
able so  that  retention  for  ten  days  as  herein  prescribed  would  result 
in  their  destruction  or  substantial  injury,  the  provisions  of  this 
section  shall  not  apply,  and  the  seller  may  resell  the  goods 
immediately  upon  their  retaking. 

1076.  Compulsory  resale  by  seller. — If  the  buyer  does  not  redeem 
the  goods  within  ten  days  after  the  seller  has  retaken  possession,  and 
the  buyer  has  paid  at  least  50  per  centum  of  the  purchase  price  at 
the  time  of  the  retaking  the  seller  shall  sell  them  at  public  auction 
in  the  Canal  Zone,  such  sale  to  be  held  not  more  than  thirty  days 
after  the  retaking.  The  seller  shall  give  to  the  buyer  not  less  than 
ten  days'  written  notice  of  the  sale,  either  personally  or  by  regis- 
tered mail,  directed  to  the  buyer  at  his  last  known  place  of  business 
or  residence.  The  seller  shall  also  give  notice  of  the  sale  by  at  least 
three  notices  posted  in  different  public  places  within  the  Zone,  at 
least  five  days  before  the  sale.  If  at  the  time  of  the  retaking  $500 
or  more  has  been  paid  on  the  purchase  price,  the  seller  shall  also 
give  notice  of  the  stale  at  least  five  days  before  the  sale  by  publi- 

165 


T.  3,  §  1077]  THE  CIVIL  CODE 

cation  in  a  newsj^aper  having  a  general  circulation  within  the  Canal 
Zone.     The  seller  may  bid  for  the  goods  at  the  resale. 

1077.  Resale  at  option  of  parties. — ^If  the  buyer  has  not  paid  at 

least  50  per  centum  of  the  purchase  price  at  the  time  of  the  retaking, 
the  seller  shall  not  be  under  a  duty  to  resell  the  goods  as  prescribed 
in  the  next  preceding  section,  unless  the  buyer  serves  upon  the  seller, 
within  ten  days  after  the  retaking,  a  written  notice  demanding  a 
resale,  delivered  personally  or  by  registered  mail.  If  such  notice 
is  served,  the  resale  shall  take  place  within  thirty  days  after  the 
service,  in  the  manner,  at  the  place,  and  upon  the  notice  prescribed 
in  the  next  preceding  section.  The  seller  may  voluntarily  resell  the 
goods  for  account  of  the  buyer  on  compliance  with  the  same 
requirements. 

1078.  Proceeds  of  resale. — The  proceeds  of  the  resale  shall  be  ap- 
plied (1)  to  the  payment  of  the  expenses  thereof,  (2)  to  the  payment 
of  the  expenses  of  retaking,  keeping,  and  storing  the  goods,  (3)  to 
the  satisfaction  of  the  balance  due  under  the  contract.  Any  sum  re- 
maining after  the  satisfaction  of  such  claims  shall  be  paid  to  the 
buyer. 

1079.  Deficiency  on  resale. — If  the  proceeds  of  the  resale  are  not 

sufficient  to  defray  the  expenses  thereof,  and  also  the  expenses  of  re- 
taking, keeping,  and  storing  the  goods  and  the  balance  due  upon  the 
purchase  price,  the  seller  may  recover  the  deficiency  from  the  buyer, 
or  from  any  one  who  has  succeeded  to  the  obligations  of  the  buyer. 

1080.  Rights  of  parties  where  there  is  no  resale. — Where  there  is 
no  resale  the  seller  may  retain  the  goods  as  his  own  property  without 
obligation  to  account  to  the  buyer  except  as  provided  in  section  1082 
of  this  title,  and  the  buyer  shall  be  discharged  of  all  obligation. 

1081.  Election  of  remedies. — After  the  retaking  of  possession  as 
provided  in  section  1073  of  this  title  the  buyer  shall  be  liable  for  the 
price  only  after  a  resale  and  only  to  the  extent  provided  in  section 
1079  of  this  title.  Neither  the  bringing  of  an  action  by  the  seller 
for  the  recovery  of  the  whole  or  any  part  of  the  price,  nor  the  re- 
covery of  judgment  in  such  action,  nor  the  collection  of  a  portion  of 
the  price,  shall  be  deemed  inconsistent  with  a  later  retaking  of  the 
goods  as  provided  in  section  1073.  But  such  right  of  retaking  shall 
not  be  exercised  by  the  seller  after  he  has  collected  the  entire  price 
or  after  he  has  claimed  a  lien  upon  the  goods,  or  attached  them,  or 
levied  upon  them  as  the  goods  of  the  buyer. 

1082.  Recovery  of  part  payments. — If  the  seller  fails  to  comply 
with  the  provisions  of  sections  1075  to  1078  and  1080  of  this  title, 
after  retaking  the  goods,  the  buyer  may  recover  from  the  seller  his 
actual  damages,  if  any,  and  in  no  event  less  than  one  fourth  of  the 
sum  of  ail  payments  which  have  been  made  under  the  contract,  with 
interest. 

1083.  Waiver  of  statutory  protection. — No  act  or  agreement  of 

the  buyer  before  or  at  the  time  of  the  making  of  the  contract,  nor 
any  agreement  or  statement  by  tlic  buyer  in  such  contract,  shall 
constitute  a  valid  waiver  of  the  provisions  of  sections  1075  to  1078 

166 


THE  CIVIL  CODE 


[T.  3,  §  1092 


and  1082  of  this  title ;  except  that  the  contract  may  stipulate  that  on 
such  default  of  the  buyer  as  is  provided  for  in  section  1073  of  this 
title,  the  seller  may  rescind  the  conditional  sale,  either  as  to  all  the 
goods  or  as  to  any  part  thereof  for  which  a  specific  price  was  fixed 
in  the  contract.  If  the  contract  thus  provides  for  rescission,  the 
seller  at  his  option  may  retake  such  goods  without  complying  with 
or  being  bound  by  the  provisions  of  section  1074  to  1082  of  this  title, 
as  to  the  goods  retaken,  upon  crediting  the  buyer  with  the  full  pur- 
chase price  of  those  goods.  So  much  of  this  credit  as  is  necessary 
to  cancel  any  indebtedness  of  the  buyer  to  the  seller  shall  be  so  ap- 
plied, and  the  seller  shall  repay  to  the  buyer  on  demand  any  surplus 
not  so  required. 

1084.  Loss  and  increase. — After  the  delivery  of  the  goods  to  the 
buyer  and  prior  to  the  retaking  of  them  by  the  seller,  the  risk  of 
injury  and  loss  shall  rest  upon  the  buyer.  The  increase  of  the  goods 
shall  be  subject  to  the  same  conditions  as  the  original  goods. 

1085.  Rules  for  cases  not  provided  for. — In  any  case  not  provided 
for  in  this  chapter  the  rules  of  law  and  equity,  including  the  law 
merchant,  and  in  particular  those  relating  to  principal  and  agent 
and  to  the  effect  of  fraud,  misrepresentation,  duress  or  coercion, 
mistake,  or  other  invalidating  cause,  shall  continue  to  apply  to 
conditional  sales. 

CHAPTER  36.— DEPOSIT  IN  GENERAL 

Art.                                                                  Sec.   I  Art.  Sec. 

1.  Nature  and  creation  of  deposit —     109  i    I   2.  Obligations  of  tlie  depositary 1101 

ARTICLE  1.— NATURE  AND  CREATION  OF  DEPOSIT 


Sec. 

1091.  Deposit,  kinds  of. 

1092.  Voluntary  deposit,   how  made. 

1093.  Involuntary  deposit,  how  made. 


Sec. 

1094.  Duty  of  involuntary  depositary. 

1U95.  Deposit    for   keeping,    what. 

1096.  Deposit  for  exchange,  what. 


Section  1091.  Deposit,  kinds  of. — A  deposit  may  be  voluntary  or 
involuntary ;  and  for  safe-keeping  or  for  exchange. 

Cross-Refebences 

Common  cari-iers,  see  sections  1391  et  seq.,  of  this  title. 

Deposit  for  exchange,  see  section  1096  of  this  title. 

Deposit  foi-  hire,  see  sections  1131  et  seq.,  of  this  title. 

Deposit  for  keeping,  see  sections  1111  et  seq.,  of  this  title. 

Gratuitous  deposit,  and  incidents,  see  sections  1121  et  seq.,  of  this  title. 

Hiring,  see  sections  1271  et  seq.,  of  this  title. 

Innkeepers,  see  sections  1201  and  1202  of  this  title. 

Loan  for  exchange,  see  section  1251  of  this  title. 

Loan  for  use,  see  sections  1231  et  seq..  of  this  title. 

Loan  of  money,  see  section  1261  of  this  title. 

Pledge,  see  sections  2281  et  seq.,  of  this  title. 

1092.  Voluntary  deposit,  how  made. — A  voluntary  deposit  is  made 
by  one  giving  to  another,  with  his  consent,  the  possession  of  personal 
property  to  keep  for  the  benefit  of  the  former,  or  of  a  third  party. 
The  person  giving  is  called  the  depositor,  and  the  person  receiving 
the  depositary. 

Ceoss-References 

Finder  of  lost  articles,  see  sections  1211  et  seq.,  of  this  title. 
Obligations  of  depositary,  see  sections  1101  et  seq.,  of  this  title. 


167 


T.  3,  §  1093]  THE  CIVIL  CODE 

1093.  Involuntary  deposit,  how  made. — An  involuntary  deposit 
is  made : 

1.  By  the  accidental  leaving  or  placing  of  personal  property  in 
the  possession  of  any  person,  without  negligence  on  the  part  of  its 
owner;  or 

2.  In  cases  of  fire,  shipwreck,  inundation,  insurrection,  riot,  or  like 
extraordinary  emergencies,  by  the  owner  of  personal  property  com- 
mitting it,  out  of  necessity,  to  the  care  of  any  person. 

CKOSS-REaiSENCES 

Degree  of  care  requisite,  see  section  1123  of  this  title. 
Duties  of  depositary,  when  cease,  see  section  1124  of  this  title. 
Involuntary  deposit  in  cases  of  emergency  must  be  accepted,  see  section  1094 
of  this  title. 

Involuntary  deposit  is  gratuitous,  see  section  1122  of  this  title. 

1094.  Duty  of  involuntary  depositary. — The  person  with  whom  a 
thing  is  deposited  in  the  manner  described  in  the  next  preceding 
section  is  bound  to  take  charge  of  it,  if  able  to  do  so. 

1095.  Deposit  for  keeping,  what. — A  deposit  for  keeping  is  one 
in  which  the  depositary  is  bound  to  return  the  identical  thing 
deposited. 

CBOSS-REFEEtENCB 

Deposit  for  keeping,  see  sections  1111  et  seq.,  of  this  title. 

1096.  Deposit  for  exchange,  what. — A  deposit  for  exchange  is 
one  in  which  the  depositary  is  only  bound  to  return  a  thing  corre- 
sponding in  kind  to  that  which  is  deposited. 

Ceoss-Refebences 

Deposit  for  exchange  transfers  title,  see  section  1221  of  this  title. 
Loan  for  exchange,  see  sections  1251  et  seq.,  of  this  title. 

ARTICLE  2.— OBLIGATIONS  OF  THE  DEPOSITARY 


Sec. 

1101.  Depositary  must  deliver  on   demand. 

1102.  No     obligation     to     deliver     without 

demand. 
110.3.  Place  of  delivery. 
1104.  Notice  to  owner  of  adverse  claim. 


Sec. 

1105.  Notice  to  owner  of  tbing  wrongfully 

detained. 

1106.  Delivery  of  thing  owned  jointly,  etc. 

1107.  Joint    deposits    by    more    than    one 

person. 


1101.  Depositary  must  deliver  on  demand. — A  depositary  must 
deliver  the  thing  to  the  person  for  whose  benefit  it  was  deposited,  on 
demand,  whether  the  deposit  was  made  for  a  specified  time  or  not, 
unless  he  has  a  lien  upon  the  thing  deposited,  or  has  been  forbidden 
or  prevented  from  doing  so  by  the  real  owner  thereof,  or  by  the  act 
of  the  law,  and  has  given  the  notice  required  by  section  1104  of  this 
title. 

Cboss-References 

Care  required  of  depositary,  see  section  1132  of  this  title. 
Delivery,  see  sections  1102  and  1106  of  this  title. 

For  a  general  lien  on  personality  dependent  upon  possession,  see  section  2311 
of  this  title. 

Lien  of  innkeepers,  see  section  1201  of  this  title. 

Notice  of  adverse  proceedings,  see  section  1104  of  this  title. 


168 


THE  CIVIL  CODE  [T.  3,  §  1111 

1102.  No  obligation  to  deliver  without  demand. — A  depositary  is 
not  bound  to  deliver  a  thing  deposited  without  demand,  even  where 
the  deposit  is  made  for  a  specified  time, 

1103.  Place  of  delivery. — A  depositary  must  deliver  the  thing 
deposited  at  his  residence  or  place  of  business,  as  may  be  most  con- 
venient for  him. 

Ceoss-Refekence 

Delivery  on  sales,  see  sections  1021  et  seq.,  of  this  title. 

1104.  Notice  to  owner  of  adverse  claim. — A  depositary  must  give 
prompt  notice  to  the  person  for  whose  benefit  the  deposit  was  made, 
of  any  proceedings  taken  adversely  to  his  interest  in  the  thing  de- 
posited, which  may  tend  to  excuse  the  depositary  from  delivering 
the  thing  to  him. 

1105.  Notice  to  owner  of  thing  wrongfully  detained. — A  deposi- 
tary who  believes  that  a  thing  deposited  with  him  is  wrongfully  de- 
tained from  its  true  owner,  may  give  him  notice  of  the  deposit ;  and 
if  within  a  reasonable  time  afterwards  he  does  not  claim  it,  and 
sufficiently  establish  his  right  thereto,  and  indemnify  the  depositary 
against  the  claim  of  the  depositor,  the  depositary  is  exonerated  from 
liability  to  the  person  to  whom  he  gave  the  notice,  upon  returning 
the  thing  to  the  depositor,  or  assuming,  in  good  faith,  a  new  obliga- 
tion changing  his  position  in  respect  to  the  thing,  to  his  prejudice. 

1106.  Delivery  of  thing  owned  jointly,  etc. — If  a  thing  deposited 
is  owned  jointly  or  in  common  by  persons  who  cannot  agree  upon 
the  manner  of  its  delivery,  the  depositary  may  deliver  to  each  his 
proper  share  thereof,  if  it  can  be  done  without  injury  to  the  thing. 

1107.  Joint  deposits  by  more  than  one  person. — When  a  deposit 
is  made  in  the  name  of  two  or  more  persons,  deliverable  or  payable 
to  either  or  to  their  survivor  or  survivors,  such  deposit  or  any  part 
thereof,  or  increase  thereof,  may  be  delivered  or  paid  to  either  of 
said  persons  or  to  the  survivor  or  survivors  in  due  course  of  business. 

CEOSS-REa'EIRBNCE 

Performance  to  one  of  joint  creditors,  see  section  723  of  this  title. 
CHAPTER  37.— DEPOSIT  FOR  KEEPING 


Art.  Sec. 

1.  General  provisions 1111 

2.  Gratuitous   deposit 1121 

3.  storage 1131 


Art.  Sec. 

4.  Wareliousemen 1141 

5.  Innkeepers 1201 

6.  Finding 1211 


ARTICLE    1.— GENERAL  PROVISIONS 


Sec. 

1115.  Sale  of  thing  in  danger  of  perishing. 

1116.  Injury  to  or  loss  of  thing  deposited. 

1117.  Service  rendered  by  depositary. 

1118.  Liability  of  depositary. 


Sec. 

1111.  Depositor  must  idemnify  depositary. 

1112.  Obligation  of  depositary  of  animals. 

1113.  Obligations     as     to     use     of     thing 

deposited. 

1114.  Liability    for    damage    arising    from 

wrongful  use. 

Section  1111.  Depositor  must  indemnify  depositary. — A  deposi- 
tor must  indemnify  the  depositary : 

1.  For  all  damage  caused  to  him  by  the  defects  or  vices  of  the 
thing  deposited;  and 

93083—34 12  1^9 


T.  3,  §  1112]  THE  CIVIL  CODE 

2.  For  all  expenses  necessarily  incurred  by  him  about  the  thing, 
other  than  such  as  are  involved  in  the  nature  of  the  undertaking. 

Cross-Refekence 

Lender's  liability  for  defects  in  articles  borrowed,  see  section  1240  of  tliis 
title. 

1112.  Obligation  of  depositary  of  animals. — A  depositary  of  liv- 
ing animals  must  provide  them  with  suitable  food  and  shelter,  and 
treat  them  kindly. 

Cros  s-Refereince 

Lien  of  keepers  of  livestock,  see  section  2311  of  tbis  title. 

1113.  Obligations  as  to  use  of  thing  deposited. — A  depositary 

may  not  use  the  thing  deposited,  or  permit  it  to  be  used,  for  any 
purpose,  without  the  consent  of  the  depositor.  He  may  not,  if  it  is 
purposely  fastened  by  the  depositor,  open  it  without  the  consent  of 
the  latter,  except  in  case  of  necessity. 

Cross-Refeeences 

Hiring;  definition  of  term,  see  sections  1271  et  seq.,  of  tbis  title. 
Liability  for  wrongful  use,  see  section  1114  of  tbis  title. 

1114.  Liability  for  damage  arising  from  wrongful  use. — A  de- 
positary is  liable  for  any  damage  happening  to  the  thing  deposited, 
during  his  wrongful  use  thereof,  unless  such  damage  must  inevitably 
have  happened  though  the  property  had  not  been  thus  used. 

1115.  Sale  of  thing  in  danger  of  perishing. — If  a  thing  deposited 
is  in  actual  danger  of  perishing  before  instructions  can  be  obtained 
from  the  depositor,  the  depositary  may  sell  it  for  the  best  price 
obtainable  and  retain  the  proceeds  as  a  deposit,  giving  immediate 
notice  of  his  proceedings  to  the  depositor. 

Ceoss-Re:feeence 
Sale  of  perisbables,  see  section  1137  of  tbis  title. 

1116.  Injury  to  or  loss  of  thing  deposited. — If  a  thing  is  lost  or 
injured  during  its  deposit,  and  the  depositary  refuses  to  inform  the 
depositor  of  the  circumstances  under  wdiich  the  loss  or  injury 
occurred,  so  far  as  he  has  information  concerning  them,  or  willfully 
misrepresents  the  circumstances  to  him,  the  depositary  is  presumed 
to  have  willfully,  or  by  gross  negligence,  permitted  the  loss  or  injury 
to  occur. 

1117.  Service  rendered  by  depositary. — So  far  as  any  service  is 

rendered  by  a  depositary,  or  required  from  him,  his  duties  and  liabili- 
ties are  prescribed  by  chapters  41  to  43  of  this  title  on  employment 
and  service. 

1118.  Liability  of  depositary. — The  liability  of  a  depositary  for 
negligence  cannot  exceed  the  amoimt  which  he  is  informed  by  the 
depositor,  or  has  reason  to  suppose,  the  thing  deposited  to  be  worth. 


170 


THE  CIVIL  CODE 


[T.  3,  §1132 


ARTICLE   2.— GRATUITOUS   DEPOSIT 


Sec. 

1121.  Gratuitous  deposit,  what. 

1122.  Nature  of  involuntary  deposit. 


Spc. 

112;5.   Degrpe  of  care  required  of  gratuitous 

depositary. 
1124.  Ilis  duties  cease,  when. 


1121.  Gratuitous  deposit,  what. — Grjituitous  deposit  is  a  deposit 
for  which  tlie  depositary  receives  no  consideration  beyond  the  mere 
possession  of  the  thing  deposited. 

Cross-Reference 
Degree  of  care  necessary,  see  section  1123  of  this  title. 

1122.  Nature  of  involuntary  deposit. — An  involuntary  deposit  is 
gratuitous,  the  depositary  being  entitled  to  no  reward. 

Cross-Reference 

Involuntary  deposit,  defined,  see  section  1093  of  this  title. 

1123.  Degree  of  care  required  of  gratuitous  depositary. — A  gra- 
tuitous depositary  must  use  at  least  slight  care  for  the  preservation 
of  the  thing  deposited. 

1124.  His  duties  cease,  when. — The  duties  of  a  gratuitous  deposi- 
tary cease : 

1.  Upon  his  restoring  the  thing  deposited  to  its  owner;  or 

2.  Upon  his  giving  reasonable  notice  to  the  owner  to  remove  it, 
and  the  owner  failing  to  do  so  within  a  reasonable  time.  But  an 
involuntary  depositary,  under  subdivision  2  of  section  1093  of  this 
title,  cannot  give  such  notice  until  the  emergency  which  gave  rise 
to  the  deposit  is  past. 

ARTICLE  3.— STORAGE 


Sec. 

1131.   Deposit  for  hire. 

11.32.  Degree  of  care  required  of  depositary 

for  hire. 
1133.  Rate  of  compensation  for  fraction  of 

week,  etc. 


Sec. 

1134.  Termination  of  deposit. 

113.5.   Same. 

llo6.  Lien    for    storage   charges,    advances, 

insurance,  and  expenses. 
1137.   Storage  property  to  be  sold. 


1131.  Deposit  for  hire. — A  deposit  not  gratuitous  is  called  storage. 
The  depositary  in  such  case  is  called  a  depositary  for  hire. 

Cross-Refeeences 

Hiring,  in  general,  see  section  1271  of  this  title. 
Warehousemen,  see  sections  1141  et  seq.,  of  this  title. 

1132.  Degree  of  care  required  of  depositary  for  hire. — A  deposi- 
tary for  hire  must  use  at  least  ordinary  care  for  the  preservation  of 
the  thing  deposited. 

Cross-References 

Care  required  of  a  hirer,  see  section  1:74  of  this  title. 
Common  carriers,  see  sections  1411,  1431  and  1491  of  this  title. 
Liability  of  warehousemen,  see  sections  1435  and  1436  of  this  title. 


171 


T.  3,  §  1133]  THE  CIVIL  CODE 

1133.  Rate  of  compensation  for  fraction  of  week,  etc. — In  the 

absence  of  a  different  agreement  or  usage,  a  depositary  for  hire  is 
entitled  to  one  week's  hire  for  the  sustenance  and  shelter  of  living 
animals  during  any  fraction  of  a  week,  and  to  half  a  month's  hire 
for  the  storage  of  any  other  property  during  any  fraction  of  a  half- 
month. 

1134.  Termination  of  deposit. — In  the  absence  of  an  agreement  as 
to  the  length  of  time  during  which  a  deposit  is  to  continue,  it  may 
be  terminated  by  the  depositor  at  any  time,  and  by  the  depositary 
upon  reasonable  notice. 

1135.  Same. — Notwithstanding  an  agreement  respecting  the  length 
of  time  during  which  a  deposit  is  to  continue,  it  may  be  terminated 
by  the  depositor  on  paying  all  that  would  become  due  to  the  de- 
positary in  case  of  the  deposit  so  continuing. 

1136.  Lien  for  storage  charges,  advances,  insurance,  and  ex- 
penses.— A  depositary  for  hire  has  a  lien  for  storage  charges  and  for 
advances  and  insurance  incurred  at  the  request  of  the  depositor, 
and  for  money  necessarily  expended  in  and  about  the  care,  preser- 
vation, and  keeping  of  the  property  stored,  and  he  also  has  a  lien 
for  money  advanced  at  the  request  of  the  depositor,  to  discharge  a 
prior  lien,  and  for  the  expenses  of  a  sale  where  default  has  been  made 
in  satisfying  a  valid  lien.  The  rights  of  the  depositary  for  hire  to 
such  lien  are  regulated  by  chapters  62  et  seq.,  of  this  title,  on  liens : 
Provided^  however^  That  such  lien  may  be  enforced  in  the  manner 
provided  by  sections  1169,  1171  and  1172  of  this  title,  relating  to 
warehousemen. 

1137.  Storage  property  to  be  sold. — If  from  any  cause  other  than 
want  of  ordinary  care  and  diligence  on  his  part,  a  depositary  for 
hire  is  unable  to  deliver  perishable  property,  baggage,  or  luggage 
received  by  him  for  storage,  or  to  collect  his  charges  for  storage 
due  thereon,  he  may  cause  such  property  to  be  sold  to  satisfy  his  lien 
for  storage  in  accordance  with  the  provisions  of  sections  1169  to  1172 
of  this  title  relating  to  warehousemen. 

Cboss-References 

Sale  by  pledgee,  see  sections  2295  et  seq.,  of  this  title. 
Sale  extinguishes  lien,  see  section  2222  of  this  title. 
Sale  of  perishables,  see  section  1115  of  this  title. 
Sale  of  personalty  to  enforce,  see  section  2313  of  this  title. 
Warehousemen,  see  sections  1141  et  seq.,  of  this  title. 


ITS 


THE  CIVIL  CODE 


[T.  3,  §  1142 


ARTICLE  4.~WAREH0USBMEN 


Sec. 

1141. 

1142. 

1143. 

1144. 

1145. 
1146. 

1147. 

1148. 
1149. 


11. "lO. 
1J51. 
1152. 
1153. 

1154. 
1155. 

1156. 

1157. 

1158. 
1159. 
1160. 

1161. 


1162. 

1163. 

1164. 

1165. 
1166. 


Persons  who  may  issue  receipts. 

Form  of  receipts. 

Negotiable  and  nonnegotiable  receipts. 

Duplicate      receipts      must      be      so 
marked. 

'  not  negotiable." 
warehouseman      to 


warehouseman     In 
liability     for     mis- 


Failure  to  mark 
Obligation       of 

deliver. 
Ju.stiflcation     of 

delivering. 
Warehouseman's 

delivery. 
Negutiable  receipts  must  be  canceled 

or    marked    when    goods    or    part 

thereof  are  delivered. 
Altered  receipts. 
Lost  or  dostioyed  receipts. 
Effect  of  duplicate  receipts. 
Warehouseman  cannot  set  up  title  in 

himself. 
Interpleader  of  adverse  claimants. 
Warehouseman    has    reasonable    time 

to  determine  validity  of  claims. 
Adverse  title  is  no  defense  except  as 

above  provided. 
Liability   for   nonexistence   or   misde- 
scription of  goods. 
Liability  for  care  of  goods. 
Goods  must  be  kept  separate. 
Commingled    goods    and    warehouse- 
man's liability  therefor. 
Attachment  or   levy   upon   goods   for 

which  a  negotiable  receipt  has  been 

issued. 
Creditors'  remedies   to  reach   negoti- 
able receipts. 
What    claims    are    included    in    the 

warehouseman's  lien. 
Against  what  property  the  lien  may 

be  enforced. 
How  the  lien  may  be  lost. 
Negotiable  receipt  must  state  charges 

for  which  lien  is  claimed. 


Sec. 

1167.  Warehouseman  need  not  deliver  until 

lien  is  satisfied. 

1168.  Warehouseman's    lien    does    not    pre- 

clude other  remedies. 

1169.  Satisfaction  of  lien  by  sale. 

1170.  Perishable  and  hazardous  goods. 

1171.  Other  methods  of  enforcing  liens. 

1172.  Effect  of  sale. 

1173.  Negotiation  of  negotiable  receipts  hy 

delivery  and  by  indorsement. 

1174.  Transfer  of  receipts. 

1175.  Who  may  negotiate  a  receipt. 

1176.  Rights   of  person   to  whom   a  receipt 

has  been  negotiated. 

1177.  Rights  of  person  to  whom  a  receipt 

has  been  transferred. 

1178.  Transfer  of  negotiable  receipt  with- 

out endorsement. 

1179.  Warranties  on  sale  of  receipt. 

1180.  Indorser  not  a  guarantor. 

1181.  No  warranty  implied  from  accepting 

payment  of  a  debt. 

1182.  When    negotiation    not    impaired    by 

fraud,  mistake,  or  duress. 

1183.  Subsequent  negotiation. 

1184.  Negotiation  defeats  vendor's  lien. 

1185.  Issue     of     receipt     for     goods     not 

received. 

1186.  Issue     of     receipt     containing     false 

statement. 

1187.  Issue    of    duplicate    receipts    not    so 

marked. 

1188.  Issue    for    warehouseman's    goods    of 

receipts  which   do    not   state   that 
fact. 

1189.  Delivery   of  goods  without  obtaining 

negotiable  receipt. 

1190.  Negotiation  of  receipt  for  mortgaged 

goods. 

1191.  When     rules    of    common    law     still 

applicable. 

1192.  Definitions. 

1193.  Application  to  existing  receipts. 


Ckoss-Reference 

Nothing  in  the  chapter  on  sales  of  goods  is  to  be  construed  to  repeal  or  limit 
this  article,  see  section  1057  of  this  title. 

1141.  Persons  who  may  issue  receipts. — Warehouse  receipts  may 

be  issued  by  any  warehouseman. 

1142.  Form  of  receipts. — Warehouse  receipts  need  not  be  in  any 
particular  form,  but  every  such  receipt  must  embody  within  its 
written  or  printed  terms — 

(a)  The  location  of  the  warehouse  where  the  goods  are  stored; 

(b)  The  date  of  issue  of  the  receipt ; 

(c)  The  consecutive  number  of  the  receipt; 

(d)  A  statement  whether  the  goods  received  will  be  delivered  to 
the  bearer,  to  a  specified  person,  or  to  a  specified  person  or  his  order ; 

(e)  The  rate  of  storage  charges ; 

(f)  A  description  of  the  goods  or  of  the  packages  containing 
them ; 

(g)  The  signature  of  the  warehouseman,  which  may  be  made  by 
his  authorized  agent ; 

(h)  If  the  receipt  is  issued  for  goods  of  which  the  warehouseman 
is  owner,  either  solely  or  jointly  or  in  common  with  others,  the  fact 
of  such  ownership ;  and 


173 


T.  3,  §  1143]  THE  CIVIL  CODE 

(i)  A  statement  of  the  amount  of  advances  made  and  of  liabilities 
incurred  for  which  the  warehouseman  claims  a  lien.  If  the  precise 
amount  of  such  advances  made  or  of  such  liabilities  incurred  is,  at 
the  time  of  the  issue  of  the  receipt,  unknown  to  the  warehouseman 
or  to  his  agent  who  issues  it,  a  statement  of  the  fact  that  advances 
have  been  made  or  liabilities  incurred  and  tlie  purpose  thereof  is 
sufficient. 

A  warehouseman  shall  be  liable  to  any  person  injured  thereby, 
for  all  damage  caused  by  the  omission  from  a  negotiable  receipt  of 
any  of  the  foregoing  terms. 

A  warehouseman  may  insert  in  a  receipt,  issued  by  him,  any  other 
terms  and  conditions,  provided  that  such  terms  and  conditions  shall 
not — 

(a)  Be  contrary  to  the  provisions  of  this  article. 

(b)  In  anywise  impair  his  obligation  to  exercise  that  decree  of 
care  in  the  safe-keeping  of  the  goods  intrusted  to  him  which  a  reason- 
ably careful  man  would  exercise  in  regard  to  similar  goods  of  his 
own. 

1143.  Negotiable  and  nonnegotiable  receipts. — A  receipt  in  which 
it  is  stated  that  the  goods  received  will  be  delivered  to  the  depositor, 
or  to  any  other  specified  person,  is  a  nonnegotiable  receipt.  A  re- 
ceipt in  which  it  is  stated  that  the  goods  received  will  be  delivered  to 
the  bearer  or  to  the  order  of  any  person  named  in  such  receipt  is  a 
negotiable  receipt.  No  provision  shall  be  inserted  in  a  negotiable 
receipt  that  it  is  nonnegotiable.  Such  provision,  if  inserted,  shall 
be  void. 

1144.  Duplicate  receipts  must  be  so  marked. — When  more  than 

one  negotiable  receipt  is  issued  for  the  same  goods,  the  word  "  dupli- 
cate "  shall  be  plainly  placed  upon  the  face  of  every  such  receipt 
except  the  one  hrst  issued.  A  warehouseman  shall  be  liable  for  all 
damage  caused  by  his  failure  so  to  do  to  any  one  who  purchased  the 
subsequent  receipt  for  value  supposing  it  to  be  an  original,  even 
though  the  purchase  be  after  the  deliveiy  of  the  goods  by  the  ware- 
houseman to  the  holder  of  the  original  receipt. 

1145.  Failure  to  mark  "not  negotiable." — A  nonnegotiable  re- 
ceipt shall  have  plainl}''  placed  upon  its  face  by  the  warehouseman 
issuing  it  "  nonnegotiable  "  or  "  not  negotiable."  In  case  of  the 
warehouseman's  failure  so  to  do,  a  holder  of  the  receipt  who  pur- 
chased it  for  value  supposing  it  to  be  negotiable  ma}'-,  at  his  option, 
treat  such  receipt  as  imposing  upon  the  warehouseman  the  same 
liabilities  he  would  have  incurred  had  the  receipt  been  negotiable. 
This  section  shall  not  apply,  however,  to  letters,  memoranda,  or 
written  acknowledgments  of  an  informal  character. 

1146.  Obligation  of  warehouseman  to  deliver. — A  warehouseman, 
in  the  absence  of  some  lawful  excuse  provided  by  this  article,  is 
bound  to  deliver  the  goods  upon  a  demand  made  either  by  the  holder 
of  a  receipt  for  the  goods  or  by  the  depositor,  if  such  demand  is 
accompanied  with — 

(a)  An  offer  to  satisfy  the  warehouseman's  lien; 


174 


THE  CIVIL  CODE  [T.  3,  §  1149 

(b)  An  offer  to  surrender  the  receipt  if  negotiable,  with  such  in- 
dorsement as  would  be  necessary  for  the  negotiation  of  the  receipt; 
and 

(c)  A  readiness  and  willingness  to  sign,  when  the  goods  are 
delivered,  and  acknowledgment  that  they  have  been  delivered,  if  such 
signature  is  requested  by  the  warehouseman. 

In  case  the  warehouseman  refuses  or  fails  to  deliver  the  goods  in 
compliance  with  a  demand  by  the  holder  or  depositor  so  accom- 
panied, the  burden  shall  be  upon  the  warehouseman  to  establish  the 
existence  of  a  lawful  excuse  for  such  refusal. 

1147.  Justification  of  warehouseman  in  delivering. — A  ware- 
houseman is  justified  in  delivering  the  goods,  subject  to  the  pro- 
visions of  sections  1148  to  1150  of  this  title,  to  one  who  is — 

(a)  The  person  lawfully  entitled  to  the  possession  of  the  goods, 
or  his  agent ; 

(b)  A  person  who  is  either  himself  entitled  to  delivery  by  the 
terms  of  a  nonnegotiable  receipt  issued  for  the  goods,  or  who  has 
written  authority  from  the  person  so  entitled  either  indorsed  upon 
the  receipt  or  written  upon  another  paper;  or 

(c)  A  person  in  possession  of  a  negotiable  receipt  by  the  terms 
of  which  the  goods  are  deliverable  to  him  or  order  or  to  bearer,  or 
which  has  been  indorsed  to  him  or  in  blank  by  the  person  to  whom 
delivery  was  promised  by  the  terms  of  the  receipt  or  by  his  mediate 
or  immediate  indorsee. 

1148.  Warehouseman's  liability  for  misdelivery. — Where  a  ware- 
houseman delivers  the  goods  to  one  who  is  not  in  fact  lawfully 
entitled  to  the  possession  of  them,  the  warehouseman  shall  be  liable 
as  for  conversion  to  all  having  a  right  of  property  or  possession  in 
the  goods  if  he  delivered  the  goods  otherwise  than  as  authorized 
by  subdivisions  (b)  and  (c)  of  the  next  preceding  section  and  though 
he  delivered  the  goods  as  authorized  by  said  subdivisions  he  shall 
be  so  liable,  if  prior  to  such  delivery  he  had  either — 

(a)  Been  requested,  by  or  on  behalf  of  the  person  lawfully  entitled 
to  a  right  of  property  or  possession  in  the  goods,  not  to  make  such 
delivery;  or 

(b)  Had  information  that  the  delivery  about  to  be  made  was  to 
one  not  lawfully  entitled  to  the  possession  of  the  goods. 

1149.  Negotiable  receipts  must  be  canceled  or  marked  when 
goods  or  part  thereof  are  delivered. — Except  as  provided  in  section 
1172  of  this  title,  w4iere  a  warehouseman  delivers  goods  for  which  he 
had  issued  a  negotiable  receipt,  the  negotiation  of  which  would  trans- 
fer the  right  to  the  possession  of  the  goods,  and  fails  to  take  up  and 
cancel  the  receipt,  he  shall  be  liable  to  anyone  who  purchases  for 
value  in  good  faith  such  receipt,  for  failure  to  deliver  the  goods  to 
him,  whether  such  purchaser  acquired  title  to  the  receipt  before  or 
after  the  delivery  of  the  goods  by  the  warehouseman. 

Except  as  provided  in  said  section  1172,  where  a  warehouseman 
delivers  part  of  the  goods  for  which  he  had  issued  a  negotiable 
receipt  and  fails  either  to  take  up  and  cancel  such  receipt,  or  to 
place  plainly  upon  it  a  statement  of  what  goods  or  packages  have 

175 


T.  3,  §  1150]  TBE  CIVIL  CODE 

been  delivered  he  shall  be  liable,  to  anyone  who  purchases  for  value 
in  good  faith  such  receipt,  for  failure  to  deliver  all  the  goods  speci- 
fied in  the  receipt,  whether  such  purchaser  acquired  title  to  the  receipt 
before  or  after  the  delivery  of  any  portion  of  the  goods  by  the 
warehouseman. 

1150.  Altered  receipts. — The  alteration  of  a  receipt  shall  not 
excuse  the  warehouseman  who  issued  it  from  any  liability  if  such 
alteration  was — 

(a)  Immaterial; 

^b)  Authorized;  or 

(c)  Made  without  fraudulent  intent. 

If  the  alteration  was  authorized,  the  warehouseman  shall  be  liable 
according  to  the  terms  of  the  receipt  as  altered.  If  the  alteration 
was  unauthorized,  but  made  without  fraudulent  intent,  the  ware- 
houseman shall  be  liable  acording  to  the  terms  of  the  receipt,  as 
they  were  before  alteration.  Material  and  fraudulent  alteration 
of  a  receipt  shall  not  excuse  the  warehouseman  who  issued  it  from 
liability  to  deliver,  according  to  the  terms  of  the  receipt  as  originally 
issued,  the  goods  for  which  it  was  issued,  but  shall  excuse  him  from 
any  other  liability  to  the  person  who  made  the  alteration  and  to 
any  person  who  took  with  notice  of  the  alteration.  Any  purchaser 
of  the  receipt  for  value  without  notice  of  the  alteration  shall  acquire 
the  same  rights  against  the  warehouseman  which  such  purchaser 
would  have  acquired  if  the  receipt  had  not  been  altered  at  the  time 
of  the  purchase. 

1151.  Lost  or  destroyed  receipts. — ^Where  a  negotiable  receipt  has 
been  lost  or  destroyed,  a  court  of  competent  jurisdiction  may  order 
the  delivery  of  the  goods  upon  satisfactory  proof  of  such  loss  or 
destruction  and  upon  the  giving  of  a  bond  with  sufficient  sureties 
to  be  approved  by  the  court  to  protect  the  warehouseman  from  any 
liability  or  expense,  which  he  or  any  person  injured  by  such  delivery 
may  incur  by  reason  of  the  original  receipt  remaining  outstanding. 
The  court  may  also  in  its  discretion  order  the  payment  of  the  ware- 
houseman's reasonable  costs  and  counsel  fees.  The  delivery  of  the 
goods  under  an  order  of  the  court  as  provided  in  this  section  shall 
not  relieve  the  warehouseman  from  liability  to  a  person  to  whom 
the  negotiable  receipt  has  been  or  shall  be  negotiated  for  value 
without  notice  of  the  proceedings  or  of  the  delivery  of  the  goods. 

1152.  Effect  of  duplicate  receipts. — A  receipt  upon  the  face  of 

which  the  word  "  duplicate  ■'  is  plainly  placed  is  a  representation  and 
warranty  by  the  warehouseman  that  such  receipt  is  an  accurate  copy 
of  an  original  receipt  properly  issued  and  uncanceled  at  the  date  of 
the  issue  of  the  duplicate,  but  shall  impose  upon  him  no  other 
liability. 

1153.  Warehouseman  cannot  set  up  title  in  himself. — No  title  or 
right  to  the  possession  of  the  goods,  on  the  part  of  the  warehouse- 
man, unless  such  title  or  right  is  derived  directly  or  indirectly  from 
a  transfer  made  by  the  depositor  at  the  time  of  or  subsequent  to  the 
deposit  for  storage,  or  from  the  warehouseman's  lien,  shall  excuse 


176 


THE  CIVIL  CODE  [T.  3,  §  1159 

the  warehouseman  from  liability  for  refusing  to  deliver  the  goods 
according  to  the  terms  of  the  receipt. 

1154.  Interpleader  of  adverse  claimants. — If  more  than  one  per- 
son claim  the  title  or  possession  of  the  goods,  the  warehouseman 
may,  either  as  a  defense  to  an  action  brought  against  him  for  non- 
delivery of  the  goods,  or  as  an  original  suit,  whichever  is  appropriate, 
require  all  known  claimants  to  interplead. 

1155.  Warehouseman  has  reasonable  time  to  determine  validity 
of  claims. — If  someone  other  than  the  depositor  or  person  claiming 
under  him  has  a  claim  to  the  title  or  possession  of  the  goods,  and 
the  warehouseman  has  information  of  such  claim,  the  warehouseman 
shall  be  excused  from  liability  for  refusing  to  deliver  the  goods, 
either  to  the  depositor  or  person  claiming  under  him  or  to  the  ad- 
verse claimant,  until  the  warehouseman  has  had  a  reasonable  time 
to  ascertain  the  validity  of  the  adverse  claim  or  to  bring  legal 
proceedings  to  compel  all  claimants  to  interplead. 

1156.  Adverse  title  is  no  defense  except  as  above  provided.-— 

Except  as  provided  in  sections  1154  and  1155  of  this  title  and  in 
sections  1147  and  1172  of  this  title,  no  right  or  title  of  a  third  person 
shall  be  a  defense  to  an  action  brought  by  the  depositor  or  person 
claiming  under  him  against  the  warehouseman  for  failure  to  deliver 
the  goods  according  to  the  terms  of  the  receipt. 

1157.  Liability  for  nonexistence  or  misdescription  of  goods. — A 

warehouseman  shall  be  liable  to  the  holder  of  a  receipt,  issued  by 
him  or  on  his  behalf  by  an  agent  or  employee  the  scope  of  whose 
actual  or  apparent  authority  includes  the  issuing  of  warehouse  re- 
ceipts, for  clamages  caused  by  the  nonexistence  of  the  goods  or  by  the 
failure  of  the  goods  to  correspond  with  the  description  thereof  in 
the  receipt  at  the  time  of  its  issue.  If,  however,  the  goods  are  de- 
scribed in  a  receipt  merely  by  a  statement  of  marks  or  labels  upon 
them,  or  upon  packages  containing  them,  or  by  a  statement  that  the 
goods  are  said  to  be  goods  of  a  certain  kind,  or  that  the  packages 
containing  the  goods  are  said  to  contain  goods  of  a  certain  kind,  or 
by  words  of  like  purport,  such  statements,  if  true,  shall  not  make 
liable  the  warehouseman  issuing  the  receipt,  although  the  goods  are 
not  of  the  kind  which  the  marks  or  labels  upon  them  indicate,  or  of 
the  kind  they  were  said  to  be  by  the  depositor. 

1158.  Liability  for  care  of  goods. — A  warehouseman  shall  be  liable 
for  any  loss  or  injury  to  the  goods  caused  by  his  failure  to  exercise 
such  care  in  regard  to  them  as  a  reasonably  careful  owner  of  similar 
goods  would  exercise,  but  he  shall  not  be  liable,  in  the  absence  of  an 
agreement  to  the  contrary,  for  any  loss  or  injury  to  the  goods  which 
could  not  have  been  avoided  by  the  exercise  of  such  care. 

1159.  Goods  must  be  kept  separate. — Except  as  provided  in  the 
section  next  following,  a  warehouseman  shall  keep  the  goods  so  far 
separate  from  goods  of  other  depositors,  and  from  other  goods  of 
the  same  depositor  for  which  a  separate  receipt  has  been  issued,  as 
to  permit  at  all  times  the  identification  and  redelivery  of  the  goods 
deposited . 


177 


T.  3,  §  1160]  THE  CIVIL  CODE 

1160.  Commingled  goods  and  warehouseman's  liability  there- 
for.— If  authorized  by  agreement  or  by  custom,  a  warehouseman  may 
mingle  fungible  goods  with  other  goods  of  the  same  kind  and  grade. 
In  such  case  the  various  depositors  of  the  mingled  goods  shall  own 
the  entire  mass  in  common,  and  each  depositor  shall  be  entitled  to 
such  portion  thereof  as  the  amount  deposited  by  him  bears  to  the 
whole. 

The  warehouseman  shall  be  severally  liable  to  each  depositor  for 
the  care  and  redelivery  of  his  share  of  such  mass  to  the  same  extent 
and  under  the  same  circumstances  as  if  the  goods  had  been  kept 
separate. 

1161.  Attachment  or  levy  upon  goods  for  which  a  negotiable  re- 
ceipt has  been  issued. — If  goods  are  delivered  to  a  warehouseman 
by  the  owner  or  by  a  person  whose  act  in  conveying  the  title  to  them 
to  a  purchaser  in  good  faith  for  value  would  bind  the  owner,  and  a 
negotiable  receipt  is  issued  for  them,  they  cannot  thereafter,  while 
in  the  possession  of  the  warehouseman,  be  attached  by  garnishment 
or  otherwise,  or  be  levied  upon  under  an  execution,  unless  the  receipt 
be  first  surrendered  to  the  warehouseman,  or  its  negotiation  enjoined. 
The  warehouseman  shall  in  no  case  be  compelled  to  deliver  up  the 
actual  possession  of  the  goods  until  the  receipt  is  surrendered  to 
him  or  impounded  by  the  court. 

1162.  Creditors'  remedies  to  reach  negotiable  receipts. — A  cred- 
itor whose  debtor  is  the  owner  of  a  negotiable  receipt  shall  be  en- 
titled to  such  aid  from  courts  of  appropriate  jurisdiction,  by  injunc- 
tion and  otherwise,  in  attaching  such  receipt  or  in  satisfying  the 
claim  by  means  thereof  as  is  allowed  at  law  or  in  equity,  in  regard  to 
property  which  cannot  readily  be  attached  or  levied  upon  by  ordinary 
legal  process. 

1163.  What  claims  are  included  in  the  warehouseman's  lien. — 

Subject  to  the  provisions  of  section  IIGG  of  this  title,  a  warehouse- 
man shall  have  a  lien  on  goods  deposited  or  on  the  proceeds  thereof 
in  his  hands,  for  all  lawful  charges  for  storage  and  preservation  of 
the  goods;  also  for  all  lawful  claims  for  money  advanced,  interest, 
insurance,  transportation,  labor,  weighing,  coopering  and  other 
charges  and  expenses  in  relation  to  such  goods;  also  for  all  reason- 
able charges  and  expenses  for  notice,  and  advertisements  of  sale, 
and  for  sale  of  the  goods  where  default  has  been  made  in  satisfying 
the  warehouseman's  lien. 

1164.  Against  what  property  the  lien  may  be  enforced. — Subject 
to  the  provisions  of  section  llGG  of  this  title,  a  warehouseman's  lien 
may  be  enforced — 

(a)  Against  all  goods,  whenever  deposited,  belonging  to  the  per- 
son who  is  liable  as  debtor  for  the  claims  in  regard  to  which  the 
lien  is  asserted;  and 

(b)  Against  all  goods  belonging  to  others  which  have  been  de- 
posited at  any  time  by  the  person  who  is  liable  as  debtor  for  the 
clamis  in  regard  to  which  the  lien  is  asserted,  if  such  person  had 
been  so  intrusted  with  the  possession  of  the  goods  that  a  pledge 
of  the  same  by  him  at  the  time  of  the  deposit  to  one  who  took  the 
goods  in  good  faith  for  value  would  have  been  valid. 

178 


THE  CIVIL  CODE  [T.  3,  §  11G9 

1165.  How  the  lien  may  be  lost. — A  warehouseman  loses  his  lien 
upon  goods — 

(a)  By  surrendering  possession  thereof;  or 

(b)  By  refusing  to  deliver  the  goods  when  a  demand  is  made 
with  which  he  is  bound  to  comply  under  the  provisions  of  this 
article. 

1166.  Negotiable  receipt  must  state  charges  for  which  lien  is 
claimed. — If  a  negotiable  receipt  is  issued  for  goods,  the  warehouse- 
man shall  have  no  lien  thereon,  except  for  charges  for  storage  of 
those  goods  subsequent  to  the  date  of  the  receipt,  unless  the  receipt 
expressly  enumerates  other  charges  for  which  a  lien  is  claimed.  In 
such  case  there  shall  be  a  lien  for  the  charges  enumerated  so  far 
as  they  are  w'ithin  tha  terms  of  section  1163  of  this  title,  although 
the  amount  of  the  charges  so  enumerated  is  not  stated  in  the  receipt. 

1167.  Warehouseman  need  not  deliver  until  lien  is  satisfied. — A 

warehouseman  having  a  lien  valid  against  the  person  demanding  the 
goods  may  refuse  to  deliver  the  goods  to  him  until  the  lien  is 
satisfied. 

1168.  Warehouseman's  Men  does  not  preclude  other  remedies. — 

Whether  a  warehouseman  has  or  has  not  a  lien  upon  the  goods,  he 
is  entitled  to  all  remedies  allowed  by  law  to  a  creditor  against  his 
debtor  for  the  collection  from  the  depositor  of  all  cluirges  and  ad- 
vances wdiich  the  depositor  has  expressly  or  impliedly  contracted 
with  the  warehouseman  to  pay. 

1169.  Satisfaction  of  lien  by  sale. — A  warehouseman's  lien  for  a 
claim  which  has  become  due  may  be  satisfied  as  follows :  The  ware- 
houseman shall  give  a  written  notice  to  the  person  on  whose  account 
the  goods  are  held,  and  to  any  other  person  known  by  the  w^are- 
houseman  to  claim  an  interest  in  the  goods.  Such  notice  shall  be 
given  by  delivery  in  person  or  by  registered  letter  addressed  to  the 
last  known  place  of  business  or  abode  of  the  person  to  be  notified. 
The  notice  shall  contain : 

(a)  An  itemized  statement  of  the  warehouseman's  claim,  showing 
the  sum  due  at  the  time  of  the  notice  and  the  date  or  dates  when  it 
became  due ; 

(b)  A  brief  description  of  the  goods  against  which  the  lien  exists; 

(c)  A  demand  that  the  amount  of  the  claim  as  stated  in  the  notice, 
and  of  such  further  claim  as  shall  accrue,  shall  be  paid  on  or  before 
a  day  mentioned,  not  less  than  ten  days  from  the  delivery  of  the 
notice  if  it  is  personally  delivered,  or  from  the  time  when  the  notice 
should  reach  its  destination,  according  to  the  due  course  of  post, 
if  the  notice  is  sent  by  mail;  and 

(d)  A  statement  that  unless  the  claim  is  paid  within  the  time 
specified  the  goods  w^ill  be  advertised  for  sale  and  sold  by  acution 
at  a  specified  time  and  place. 

In  accordance  with  the  terms  of  a  notice  so  given,  a  sale  of  the 
goods  by  auction  may  be  had  to  satisfy  any  valid  claim  of  the  ware- 
houseman for  which  he  has  a  lien  on  the  goods.  The  sale  shall  be 
had  in  the  place  where  the  lien  was  acquired,  or,  if  such  a  place  is 
manifestly  unsuitable  for  the  purpose,  at  the  nearest  suitable  place. 

179 


T.  3,  §  1170]  TEE  CIVIL  CODE 

After  the  time  for  the  payment  of  the  claim  specified  in  the  notice 
to  the  depositor  has  elapsed,  a  notice  of  the  sale,  describing  the  goods 
to  be  sold,  and  stating  the  name  of  the  owner  or  person  on  whose 
account  the  goods  are  held,  and  the  time  and  place  of  the  sale,  shall 
be  posted  for  two  consecutive  weeks  on  the  bulletin  board  of  each 
post  office  of  the  Canal  Zone.  The  sale  shall  not  be  held  less  than 
fifteen  days  from  the  time  when  such  notices  were  posted.  From 
the  proceeds  of  such  sale  the  warehouseman  shall  satisfy  his  lien, 
including  the  reasonable  charges  of  notice  and  sale.  The  balance,  if 
any,  of  such  proceeds  shall  be  held  by  the  warehouseman,  and  de- 
livered on  demand  to  the  person  to  whom  he  would  have  been  bound 
to  deliver  or  justified  in  delivering  the  goods:  Provided,  however, 
That  in  case  any  such  balance  shall  not  be  claimed  by  the  rightful 
owner  within  one  month  from  the  day  of  said  sale,  the  same  shall  be 
paid  to  the  collector  of  the  Panama  Canal;  and  if  the  same  be  not 
claimed  by  the  owner  thereof  or  his  legal  representatives  within  one 
year  thereafter,  the  same  shall  be  covered  into  the  Treasury  of  the 
United  States  as  miscellaneous  receipts.  At  any  time  before  the 
goods  are  so  sold  any  person  claiming  a  right  of  property  or  posses- 
sion therein  may  pay  the  warehouseman  the  amount  necessary  to  sat- 
isfy his  lien  and  to  pay  the  reasonable  expenses  and  liabilities  in- 
curred in  serving  and  posting  notices  and  preparing  for  the  sale  up 
to  the  time  of  such  payment.  The  warehouseman  shall  deliver  the 
goods  to  the  person  making  such  payment  if  he  is  a  person  entitled, 
under  the  provisions  of  this  article,  to  the  possession  of  the  goods  on 
payment  of  the  charges  thereon.  Otherwise  the  warehouseman  shall 
retain  possession  of  the  goods  according  to  the  terms  of  the  original 
contract  of  deposit. 

1170.  Perishable  and  hazardous  goods. — sif  goods  are  of  a  perish- 
able nature,  or  by  keeping  will  deteriorate  greatly  in  value,  or  by 
their  odor,  leakage,  inflammability,  or  explosive  nature  will  be  liable 
to  injure  other  property,  the  warehouseman  may  give  such  notice  to 
the  owner,  or  to  the  person  in  whose  name  the  goods  are  stored,  as  is 
reasonable  and  possible  under  the  circumstances,  to  satisfy  the  lien 
upon  such  goods  and  to  remove  them  from  the  warehouse,  and  in  the 
event  of  the  failure  of  such  person  to  satisfy  the  lien  and  to  remove 
the  goods  within  the  time  so  specified,  the  warehouseman  may  sell 
the  goods  at  public  or  private  sale  without  posting  notices.  If  the 
warehouseman  after  a  reasonable  effort  is  unable  to  sell  such  goods, 
he  may  dispose  of  them  in  any  lawful  manner,  and  shall  incur  no 
liability  by  reason  thereof.  The  proceeds  of  any  sale  made  under 
the  terms  of  this  section  shall  be  disposed  of  in  the  same  way  as  the 
proceeds  of  sales  made  under  the  terms  of  the  next  preceding  section. 

1171.  Other  methods  of  enforcing  liens. — The  remedy  for  en- 
forcing a  lien  herein  provided  does  not  preclude  any  other  remedies 
allowed  by  law  for  the  enforcement  of  a  lien  against  personal  prop- 
erty nor  bar  the  right  to  recover  so  much  of  the  warehouseman's 
claim  as  shall  not  be  paid  by  the  proceeds  of  the  sale  of  the  property. 

1172.  Effect  of  sale. — After  goods  have  been  lawfully  sold  to  sat- 
isfy a  warehouseman's  lien,  or  have  been  lawfully  sold  or  disposed 
of  because  of  their  perishable  or  hazardous  nature,  the  warehouse- 

180 


THE  CIVIL  CODE  [T.  3,  §  1177 

man  shall  not  thereafter  be  liable  for  failure  to  deliver  the  goods  to 
the  depositor,  or  owner  of  the  goods,  or  to  a  holder  of  the  receipt 
given  for  the  goods  when  they  were  deposited,  even  if  such  receipt  be 
negotiable. 

1173.  Negotiation  of  negotiable  receipts  by  delivery  and  by  in- 
dorsement.—A  negotiable  receipt  may  be  negotiated  by  delivery — 

(a)  Where,  by  the  terms  of  the  receipt,  the  warehouseman  under- 
takes to  deliver  the  goods  to  the  bearer ;  or 

(b)  Where,  by  the  terms  of  the  receipt,  the  warehouseman  under- 
takes to  deliver  the  goods  to  the  order  of  a  specified  person,  and  such 
person  or  a  subsequent  indorsee  of  the  receipt  has  indorsed  it  in 
blank  or  to  bearer. 

Where,  by  the  terms  of  a  negotiable  receipt,  the  goods  are  deliver- 
able to  bearer  or  where  a  negotiable  receipt  has  been  indorsed  in 
blank  or  to  bearer,  any  holder  may  indorse  the  same  to  himself  or  to 
any  other  specified  person,  and  in  such  case  the  receipt  shall  there- 
after be  negotiated  only  by  the  indorsement  of  such  indorsee. 

A  negotiable  receipt  may  be  negotiated  by  the  indorsement  of  the 
person  to  whose  order  the  goods  are,  by  the  terms  of  the  receipt, 
deliverable.  Such  indorsement  may  be  in  blank,  to  bearer  or  to  a 
specified  person.  If  indorsed  to  a  specified  person,  it  may  be  again 
negotiated  by  the  indorsement  of  such  person  in  blank,  to  bearer  or 
to  another  specified  person.  Subsequent  negotiation  may  be  made 
in  like  manner. 

1174.  Transfer  of  receipts. — A  receipt  which  is  not  in  such  form 
that  it  can  be  negotiated  by  delivery  may  be  transferred  by  the 
holder  by  delivery  to  a  purchaser  or  donee.  A  nonnegotiable  receipt 
cannot  be  negotiated,  and  the  indorsement  of  such  a  receipt  gives 
the  transferee  no  additional  right. 

1175.  Who  may  negotiate  a  receipt. — A  negotiable  receipt  may  be 
negotiated — 

By  any  person  in  possession  of  the  same,  however  such  possession 
may  have  been  acquired,  if,  by  the  terms  of  the  receipt,  the  ware- 
houseman undertakes  to  deliver  the  goods  to  the  order  of  such  person 
or  if  at  the  time  of  negotiation  the  receipt  is  in  such  form  that  it 
may  be  negotiated  by  delivery. 

1176.  Rights  of  person  to  whom  a  receipt  has  been  negotiated. — 

A  person  to  whom  a  negotiable  receipt  has  been  duly  negotiated 
acquires  thereby — 

(a)  Such  title  to  the  goods  as  the  person  negotiating  the  receipt 
to  him  had  or  had  ability  to  convey  to  a  purchaser  in  good  faith  for 
value,  and  also  such  title  to  the  goods  as  the  depositor  or  person  to 
whose  order  the  goods  were  to  be  delivered  by  the  terms  of  the  receipt 
had  or  had  ability  to  convey  to  a  purchaser  in  good  faith  for  value; 
and 

(b)  The  direct  obligation  of  the  warehouseman  to  hold  possession 
of  the  goods  for  him  according  to  the  terms  of  the  receipt  as  fully 
as  if  the  warehouseman  had  contracted  directly  with  him. 

1177.  Rights  of  person  to  whom  a  receipt  has  been  transferred. — 

A  person  to  whom  a  receipt  has  been  transferred  but  not  negotiated 

181 


T.  3,  §  1178]  TEE  CIVIL  CODE 

acquires  thereby,  as  against  the  transferor,  the  title  to  the  goods, 
subject  to  the  terms  of  any  agreement  with  the  transferor.  If  the 
receipt  is  nonnegotiable,  such  person  also  acquires  the  right  to  notify 
the  warehouseman  of  the  transfer  to  him  of  such  receipt,  and  there- 
by to  acquire  the  direct  obligation  of  the  warehouseman  to  hold  pos- 
session of  the  goods  for  him  according  to  the  terms  of  the  receipt. 
Prior  to  the  notification  of  the  warehouseman  by  the  transferor  or 
transferee  of  a  nonnegotiable  receipt,  the  title  of  the  transferee  to 
the  goods  and  the  right  to  acquire  the  obligation  of  the  warehouse- 
man may  be  defeated  by  the  levy  of  an  attachment  or  execution 
upon  the  goods  by  a  creditor  of  the  transferor,  or  by  a  notification 
to  the  warehouseman  by  the  transferor,  or  a  subsequent  purchaser 
from  the  transferor  of  a  subsequent  sale  of  the  goods  by  the 
transferor. 

1178.  Transfer   of   negotiable   receipt   without   indorsement. — 

Where  a  negotiable  receipt  is  transferred  for  value  by  delivery,  and 
the  indorsement  of  the  transferor  is  essential  for  negotiation,  the 
transferee  acquires  a  right  against  the  transferor  to  compel  him  to 
indorse  the  receipt,  unless  a  contrary  intention  appears.  The  nego- 
tiation shall  take  effect  as  of  the  time  when  the  indorsement  is 
actually  made. 

1179.  Warranties  on  sale  of  receipt. — A  person  who  for  value 
negotiates  or  transfers  a  receipt  by  indorsement  or  delivery,  includ- 
ing one  who  assigns  for  value  a  claim  secured  by  a  receipt,  unless  a 
contrary  intention  appears,  warrants — 

(a)  That  the  receipt  is  genuine; 

(b)  That  he  has  a  legal  right  to  negotiate  or  transfer  it; 

(c)  That  he  has  knowledge  of  no  fact  which  would  impair  the 
validity  or  worth  of  the  receipt ;  and 

(d)  That  he  has  a  right  to  transfer  the  title  to  the  goods,  and 
that  the  goods  are  merchantable  or  fit  for  a  particular  purpose  when- 
ever such  warranties  would  have  been  implied,  if  the  contract  of  the 
parties  had  been  to  transfer  without  a  receipt  the  goods  represented 
thereby. 

1180.  Indorser  not  a  guarantor. — The  indorsement  of  a  receipt 
shall  not  make  the  indorser  liable  for  any  failure  on  the  part  of  the 
warehouseman  or  previous  indorsers  of  the  receipt  to  fulfill  their 
I'espective  obligations. 

1181.  No  warranty  implied  from  accepting  payment  of  a  debt. — 

A  mortgagee,  pledgee,  or  holder  for  security  of  a  receipt  who  in  good 
faith  demands  or  receives  ]:)ayment  of  the  debt  for  which  such  re- 
ceipt is  security,  whether  from  a  party  to  a  draft  drawn  for  such 
debt  or  from  any  other  person,  shall  not  by  so  doing  be  deemed  to 
represent  or  to  warrant  the  genuineness  of  such  receipt  or  the  quan- 
tity or  quality  of  the  goods  therein  described. 

1182.  When  negotiation  not  impaired  by  fraud,  mistake,  or  du- 
ress.— The  validity  of  the  negotiation  of  a  receipt  is  not  impaired 
by  the  fact  that  such  negotiation  was  a  breach  of  duty  on  the  part 
of  the  person  making  the  negotiation,  or  by  the  fact  that  the  owner 
of  the  receipt  was  deprived  of  the  possession  of  the  same  by  loss, 

182 


THE  CIVIL  CODE  [T.  3,  §  1187 

theft,  fraud,  accident,  mistake,  duress,  or  conversion,  if  the  person  to 
whom  the  receipt  was  negotiated,  or  a  person  to  whom  the  receipt 
was  subsequently  negotiated,  paid  value  therefor,  in  good  faith, 
without  notice  of  the  breach  of  duty,  or  loss,  theft,  fraud,  accident, 
mistake,  duress,  or  conversion. 

1183.  Subsequent  negotiation. — Wliere  a  person  having  sold, 
mortgaged,  or  pledged  goods  which  are  in  a  warehouse  and  for 
which  a  negotiable  receipt  has  been  issued,  or  having  sold,  mort- 
gaged, or  pledged  the  negotiable  receipt  representing  such  goods, 
continues  in  possession  of  the  negotiable  receipt,  the  subsequent  nego- 
tiation thereof  by  that  person  under  any  sale,  or  other  disposition 
thereof  to  any  person  receiving  the  same  in  good  faith,  for  value 
and  without  notice  of  the  previous  sale,  mortgage,  or  pledge,  shall 
have  the  same  effect  as  if  the  first  purchaser  of  the  goods  or  receipt 
had  expressly  authorized  the  subsequent  negotiation. 

1184.  Negotiation  defeats  vendor's  lien. — Where  a  negotiable  re- 
ceipt has  been  issued  for  goods,  no  seller's  lien  or  right  of  stoppage 
in  transitu  shall  defeat  the  rights  of  any  purchaser  for  value  in  good 
faith  to  whom  such  receipt  has  been  negotiated,  whether  such  nego- 
tiation be  prior  or  subsequent  to  the  notification  to  the  warehouse- 
man who  issued  such  receipt  of  the  seller's  claim  to  a  lien  or  right  of 
stoppage  in  transitu.  Nor  shall  the  warehouseman  be  obliged  to 
deliver  or  be  justified  in  delivering  the  goods  to  an  unpaid  seller 
unless  the  receipt  is  first  surrendered  for  cancelation. 

1185.  Issue  of  receipt  for  goods  not  received. — A  warehouseman, 
or  any  officer,  agent,  or  servant  of  a  warehouseman,  who  issues  or 
aids  in  issuing  a  receipt  knowing  that  the  goods  for  which  such 
receipt  is  issued  have  not  been  actually  received  by  such  warehouse- 
man, or  are  not  under  his  actual  control  at  the  time  of  issuing  such 
receipt,  shall  be  guilty  of  a  crime,  and  upon  conviction  sliall  be 
punished  for  each  offense  by  imprisonment  in  jail  for  not  more  than 
one  year,  or  by  a  fine  of  not  more  than  $1,000,  or  by  both. 

1186.  Issue  of  receipt  containing  false  statement.— A  warehouse- 
man, or  any  officer,  agent,  or  servant  of  a  warehouseman,  who 
fraudulently  issues  or  aids  in  fraudulently  issuing  a  receipt  for  goods 
knowing  that  it  contains  any  false  statement,  shall  be  guilty  of  a 
crime,  and  upon  conviction  shall  be  punished  for  each  offense  by 
imprisonment  in  jail  for  not  more  than  one  year,  or  by  a  fine  of  not 
more  than  $1,000,  or  by  both. 

1187.  Issue  of  duplicate  receipts  not  so  marked. — A  warehouse- 
man, or  any  officer,  agent,  or  servant  of  a  warehouseman,  who  issues 
or  aids  in  issuing  a  duplicate  or  additional  negotiable  receipt  for 
goods  knowing  that  a  former  negotiable  receipt  for  the  same  goods 
or  any  part  of  them  is  outstanding  and  uncanceled,  without  plainly 
placing  upon  the  face  thereof  the^  word  "  Duplicate,"  except  in  the 
case  of  a  lost  or  destroyed  receipt  after  proceedings  as  provided  for 
in  section  1151  of  this  title,  shall  be  guilty  of  a  crime,  and  upon 
J'.onviction  shall  be  punished  for  each  offense  by  imprisonment  in  jail 
for  not  more  than  one  year,  or  by  a  fine  of  not  more  than  $1,000,  or 
by  both. 

183 


T.  3,  §  1188]  THE  CIVIL  CODE 

1188.  Issue  for  warehouseman's  goods  of  receipts  which  do  not 
state  that  fact. — Where  there  are  deposited  with  or  held  by  a  ware- 
houseman goods  of  which  he  is  owner,  either  solely  or  jointly  or  in 
common  with  others,  such  warehouseman,  or  any  of  his  officers, 
agents,  or  servants  who,  knowing  this  ownership,  issues  or  aids  in 
issuing  a  negotiable  receipt  for  such  goods  which  does  not  state  such 
ownership,  shall  be  guilty  of  a  crime,  and  upon  conviction  shall  be 
punished  for  each  offense  by  imprisonment  in  jail  for  not  more  than 
one  year,  or  by  a  fine  of  not  more  than  $1,000,  or  by  both. 

1189.  Delivery  of  goods  without  obtaining  negotiable  receipt. — 

A  warehouseman,  or  any  officer,  agent,  or  servant  of  a  warehouseman 
who  delivers  goods  out  of  the  possession  of  such  warehouseman, 
knowing  that  a  negotiable  receipt  the  negotiation  of  which  would 
transfer  the  right  to  the  possession  of  such  goods  is  outstanding 
and  uncanceled,  without  obtaining  the  possession  of  such  receipt  at 
or  before  the  time  of  such  delivery,  shall,  except  in  the  cases  pro- 
vided for  in  sections  1151  and  1172  of  this  title,  be  found  guilty  of  a 
crime,  and  upon  conviction  shall  be  punished  for  each  offense  by 
imprisonment  in  jail  for  not  more  than  one  year,  or  by  a  fine  of  not 
more  than  $1,000,  or  by  both. 

1190.  Negotiation  of  receipt  for  mortgaged  goods. — Any  person 
who  deposits  goods  to  which  he  has  not  title,  or  upon  which  there  is 
a  lien  or  mortgage,  and  who  takes  for  such  goods  a  negotiable  receipt 
which  he  afterwards  negotiates  for  value  with  intent  to  deceive  and 
without  disclosing  his  want  of  title  or  the  existence  of  the  lien  or 
mortgage,  shall  be  guilty  of  a  crime,  and  upon  conviction  shall  be 
punished  for  each  offense  by  imprisonment  in  jail  for  not  more  than 
one  year,  or  by  a  fine  of  not  more  than  $1,000,  or  by  both. 

1191.  When  rules  of  common  law  still  applicable. — In  any  case 
not  provided  for  in  this  article,  the  rules  of  law  and  equity,  includ- 
ing the  law  merchant,  and  in  particular  the  rules  relating  to  the  law 
of  principal  and  agent  and  to  the  effect  of  fraud,  misrepresentation, 
duress,  or  coercion,  mistake,  or  other  invalidating  cause,  shall  govern. 

1192.  Definitions. — (1)  In  this  article,  unless  the  context  or  sub- 
ject matter  otherwise  requires — 

"Action  "  includes  counterclaim,  set-off,  and  suit  in  equity. 

"  Delivery  "  means  voluntary  transfer  of  possession  from  one  per- 
son to  another. 

"  Fungible  goods  "  means  goods  of  which  any  unit  is,  from  its 
nature  or  by  mercantile  custom,  treated  as  the  equivalent  of  any 
other  unit. 

"  Goods  "  means  chattels  or  merchandise  in  storage,  or  which  has 
been  or  is  about  to  be  stored. 

"  Holder  "  of  a  receipt  means  a  person  who  has  both  actual  pos- 
session of  such  receipt  and  a  right  of  property  therein. 

"  Order  "  means  an  order  by  indorsement  on  the  receipt. 

"  Owner  "  does  not  include  mortgagee  or  pledgee. 

"  Person  "  includes  a  corporation  or  partnership  or  two  or  more 
persons  having  a  joint  or  common  interest. 

To  "  purchase  "  includes  to  take  as  mortgagee  or  as  pledgee. 

"  Purchaser  "  includes  mortgagee  and  pledgee. 

184 


THE  CIVIL  CODE 


[T.  3,  §  1211 


"  Receipt  "  means  a  warehouse  receipt. 

"  Value  "  is  any  consideration  sufficient  to  support  a  simple  con- 
tract. An  antecedent  or  preexisting  obligation,  whether  for  money 
or  not,  constitutes  value  where  a  receipt  is  taken  either  in  satisfac- 
tion thereof  or  as  security  therefor. 

"  Warehouseman  "  means  a  person  lawfully  engaged  in  the  busi- 
ness of  storing  goods  for  profit. 

(2)  A  thing  is  done  "  in  good  faith  "  within  the  meaning  of  this 
article,  when  it  is  in  fact  done  honestly,  whether  it  be  done  negli- 
gently or  not. 

1193.  Application  to  existing  receipts. — The  provisions  of  this 
article  do  not  apply  to  receipts  made  and  delivered  prior  to  the 
taking  effect  of  this  article. 

ARTICLE  5— INNKEEPERS 


Sec. 

1202.  Unclaimed   baggage   may   be  sold   at 
auction ;  notice. 


Sec. 

1201.  Hotels     have     lien     on     baggage     of 

guests  ;  may  sell  baggage  ;  residue ; 

baggage  not  belonging  to  guest. 

1201.  Hotels  have  lien  on  baggage  of  guests;  may  sell  baggage; 
residue;  baggage  not  belonging  to  guest. — Hotel,  inn,  boarding 
house,  and  lodging  house  keepers  shall  have  a  lien  upon  the  baggage 
and  other  property  belonging  to  or  legally  under  the  control  of  their 
guests,  or  boarders,  or  lodgers  which  may  be  in  such  hotel,  inn,  or 
boarding  or  lodging  house  for  the  proper  charges  due  from  such 
guests,  or  boarders,  or  lodgers,  for  their  accommodation,  board  and 
Todging,  and  room  rent,  and  such  extras  as  are  furnished  at  their 
request,  and  for  all  money  paid  for  or  advanced  to  such  guests,  or 
boarders  or  lodgers,  and  for  the  costs  of  enforcing  such  lien,  with 
the  right  to  the  possession  of  such  baggage  and  other  property  until 
such  charges  and  moneys  are  paid. 

And  unless  such  charges  and  moneys  shall  be  paid  when  the  same 
become  due,  said  hotel,  inn,  boarding  house,  or  lodging  house  keeper 
may  sell  said  baggage  and  property  under  the  conditions  prescribed 
in  sections  1169  to  1172  of  this  title  relating  to  warehousemen. 

1202.  Unclaimed  baggage  may  be  sold  at  auction;  notice. — 

Whenever  any  trunk,  carpetbag,  valise,  box,  bundle,  or  other  bag- 
gage has  heretofore  come,  or  shall  hereafter  come  into  the  possession 
of  the  keeper  of  any  hotel,  inn,  boarding  or  lodging  house,  and  has 
remained  or  shall  remain  unclaimed  for  a  period  of  three  months, 
such  keeper  shall  proceed  to  sell  the  same  under  the  conditions  pre- 
scribed in  sections  1169  to  1172  of  this  title  relating  to  warehousemen. 

ARTICLE  6.— FINDING 


Sec. 

1211.  Obligation  of  finder. 

1212.  Finder  of  goods  or  money,  or  saving 

animals,  duty  of. 
121.3.  Claimant  to  prove  ownership. 

1214.  Reward,  etc.,  to  finder. 

1215.  Finder     may     put    thing    found    on 

storage. 


Sec. 

1216.  When     finder    may    sell     the    thing 

found. 

1217.  How   sale  is   to  be  made. 

1218.  Property   vests   in    finder,    when ;   lia- 

bility of  finder  to   owner. 

1219.  Thing  abandoned. 


1211.  Obligation  of  finder. — One  who  finds  a  thing  lost  is  not 
bound  to  take  charge  of  it,  but  if  he  does  so  he  is  thenceforward 


93083 — 34- 


-13 


185 


T.  3,  §  1212]  THE  CIVIL  CODE 

a  depositary  for  the  owner,  with  the  rights  and  obligations  of  a 
depositary  for  hire. 

Cboss-Refe3ience 

Depositary  for  hire,  see  sections  1132  et  seq.,  of  this  title. 

1212.  Finder  of  goods  or  money,  or  saving  animals,  duty  of. — 

If  the  finder  of  a  thing,  other  than  a  domestic  animal,  takes  pos- 
session thereof,  or  if  a  person  saves  any  such  animal  from  drowning 
or  starvation,  he  must,  within  a  reasonable  time,  inform  the  owner 
thereof,  if  known,  and  make  restitution  to  him  upon  demand,  without 
compensation,  except  a  reasonable  charge  for  saving  and  caring 
therefor. 

If  the  owner  is  not  known  to  such  finder  or  saver,  he  must,  within 
five  days,  file  an  affidavit  with  the  magistrate  of  the  subdivision  in 
which  the  finding  or  saving  took  place,  particularly  describing  the 
property  and  the  time,  place,  and  circumstances  under  which  it  was 
found  or  saved. 

1213.  Claimant  to  prove  ownership. — The  finder  of  a  thing  may, 
in  good  faith,  before  giving  it  up,  require  reasonable  proof  of  own- 
ership from  any  person  claiming  it. 

1214.  Reward,  etc.,  to  finder. — The  finder  of  a  thing  is  entitled  to 
compensation  for  all  expenses  necessarily  incurred  by  him  in  its 
preservation,  and  for  any  other  service  necessarily  performed  by 
him  about  it,  and  to  a  reasonable  reward  for  keeping  it. 

1215.  Finder  may  put  thing  found  on  storage. — The  finder  of  a 
thing  may  exonerate  himself  from  liability  at  any  time  by  placing 
it  on  storage  with  any  responsible  person  of  good  character,  at  a 
reasonable  expense. 

1216.  When  finder  may  sell  the  thing  found. — The  finder  of  a 

thing  may  sell  it,  if  it  is  a  thing  which  is  commonly  the  subject  of 
sale,  when  the  owner  cannot,  with  reasonable  diligence,  be  found,  or, 
being  found,  refuses  upon  demand  to  pay  the  lawful  charges  of  the 
finder,  in  the  following  cases — 

1.  When  the  thing  is  in  danger  of  perishing  or  of  losing  the  greater 
part  of  its  value ;  or 

2.  When  the  lawful  charges  of  the  finder  amount  to  two  thirds 
of  its  value. 

1217.  How  sale  is  to  be  made. — A  sale  under  the  provisions  of 
the  next  preceding  section  must  be  made  in  the  same  manner  as  the 
sale  of  a  thing  pledged. 

CEOSS-IIeFEBEN  CE 

Sale  of  pledge,  sec  sections  2295  et  seq.,  of  this  title. 

1218.  Property  vests  in  finder,  when;  liability  of  finder  to 
owner. — If  no  owner  appears  within  six  months  after  such  finding 
or  saving  and  oft'ers  reasonable  proof  of  his  ownership,  and  compen- 
sates, or  in  good  faith  offers  to  compensate,  the  finder  or  saver  for 
the  expense  necessarily  incurred  by  him,  then  such  property  vests 
ifi  such  finder  or  saver. 

IS9 


THE  CIVIL  CODE 


[T.  3,  SI  2.30 


1219.  Thing  abandoned. — The  provisions  of  this  article  have  no 
application  to  thin<;s  which  have  been  intentionally  abandoned  by 
their  owners. 

CHAPTER  38— DEPOSIT  FOR  EXCHANGE 

Section  1221.  Relations  of  the  parties. — A  deposit  for  exchange 
transfers  to  the  depositary  the  title  to  the  thing  deposited,  and 
creates  between  him  and  the  depositor  the  relation  of  debtor  and 
creditor  merely. 

CR08S-REa?ERBN  CES 

Deposit  for  exchange,  defined,  see  section  109G  of  this  title. 
Loan  I'or  excliangc,  see  sections  1251  et  seq.,  of  (his  litle. 

CHAPTER  .39.— LOAN 


Art.  Sec. 

1.  Loan   for   use 1231 

2.  Loan   for   exchaiijie 1251 


Art.  Sec. 

3.  Loan  of  money 1261 


ARTICLE  1.— LOAN  FOR  USE 


Sec. 

1231. 

1232. 

1233. 

1:^34. 

1235. 


Loan,  what. 

Title  to  property  lent. 

Care  required  of  borrower. 

Same. 

Degree  of  skill. 


1236.  Borrower,  when  to  repair  injuries. 

1237.  Use  of  thing  lent. 


Sec. 

1238.  Relencling  forbidden. 

1230.  Borrower,   when    to  bear   expenses. 

1240.  Lender  liable  for  defects. 

1241.  Lender   may   require   return   of   thiuf 

lent. 

1242.  When   returnable   without   demand. 

1243.  Place  of  return. 


Section  1231.  Loan,  what. — A  loan  for  use  is  a  contract  by  which 
one  gives  to  another  the  temporary  possession  and  use  of  personal 
property,  and  the  latter  agrees  to  return  the  same  thing  to  him  at 
a  future  time,  without  reward  for  its  use. 

1232.  Title  to  property  lent.— A  loan  for  use  does  not  transfer  the 
title  to  the  thing;  and  all  its  increase  during  the  period  of  the  loan 
belongs  to  the  lender. 

Ceoss-Refebence 
Title  to  thing  lent  on  loan  for  exchange,  see  section  1253  of  this  title. 

1233.  Care  required  of  borrower. — A  borrower  for  use  must  use 
great  care  for  the  preservation  in  safety  and  in  good  condition 
of  the  thing  lent. 

1234.  Same. — One  who  borrows  a  living  animal  for  use  must  treat 
it  with  great  kindness  and  provide  everything  necessary  and  suitable 
for  it. 

Cross-Refeeiencb 

Depositary  of  living  animals  for  keeping,  see  section  1112  of  this  title. 

1235.  Degree  of  skill. — A  borrower  for  use  is  bound  to  have  and  to 
exercise  such  skill  in  the  care  of  the  thing  lent  as  he  causes  the  lender 
to  believe  him  to  possess. 

1236.  Borrower,  when  to  repair  injuries. — A  borrower  for  use 
must  repair  all  deteriorations  or  injuries  to  the  thing  lent  which  are 
occasioned  by  his  negligence,  however  slight. 


187 


T.  3,  §  1237]  THE  CIVIL  CODE 

1237.  Use  of  thing  lent.— The  borrower  of  a  thing  for  use  may 
use  it  for  such  purposes  only  as  the  lender  might  reasonably  antici- 
pate at  the  time  of  lending. 

Ceoss-Rei'^erence 
Releuding  forbidden,  see  section  1238  of  this  title. 

1238.  Relending  forbidden.— The  borrower  of  a  thing  for  use  must 
not  part  with  it  to  a  third  person,  without  the  consent  of  the  lender. 

1239.  Borrower,  when  to  bear  expenses.— The  borrower  of  a 
thing  for  use  must  bear  all  its  expenses  during  the  loan,  except  such 
as  are  necessarily  incurred  by  him  to  preserve  it  from  unexpected 
and  unusual  injury.  For  such  expenses  he  is  entitled  to  compensa- 
tion from  the  lender,  who  may,  however,  exonerate  himself  bv  sur- 
rendering the  thing  to  the  borrower. 

Cross-Refeeencb 
Liability  for  expenses,  see  section  1253  of  this  title. 

1240.  Lender  liable  for  defects. — The  lender  of  a  thing  for  use 
must  indemnify  the  borrower  for  damage  caused  by  defects  or  vices 
in  it,  which  he  knew  at  the  time  of  lending,  and  concealed  from  the 
borrower. 

Cross-Referen  ces 

Indemnity  to  depositary,  see  section  1111  of  this  title. 
Loan  for  exchange,  see  sections  1251  and  1255  of  this  title. 

1241.  Lender  may  require  return  of  thing  lent. — The  lender  of  a 
thing  for  use  may  at  any  time  require  its  return,  even  though  he  lent 
it  for  a  specified  time  or  purpose.  But  if,  on  the  faith  of  such  an 
agreement,  the  borrower  has  made  such  arrangements  that  a  return 
of  the  thing  before  the  period  agreed  upon  would  cause  him  loss, 
exceeding  the  benefit  derived  by  him  from  the  loan,  the  lender  must 
indemnify  him  for  such  loss,  if  he  compels  such  return,  the  borrower 
not  having  in  any  manner  violated  his  duty. 

1242.  When  returnable  without  demand. — If  a  thing  is  lent  for 
use  for  a  specified  time  or  purpose,  it  must  be  returned  to  the  lender 
without  demand,  as  soon  as  the  time  has  expired,  or  the  purpose  has 
been  accomplished.  In  other  cases  it  need  not  be  returned  until 
demanded. 

1243.  Place  of  return. — The  borrower  of  a  thing  for  use  must 
return  it  to  the  lender,  at  the  place  contemplated  by  the  parties  at 
the  time  of  lending;  or  if  no  particular  place  was  so  contemplated 
by  them,  then  at  the  place  where  it  was  at  the  time. 

ARTICLE  2.— LOAN  FOR  EXCHANGE 


Soc. 

12.51.  Loan  for  exchange,  what. 

1252.  Same. 

1253.  Title  to  property  lent. 


Sec. 

1254.  Contract  cannot  be  modified  by  lender. 

1255.  Certain  sections  applicable. 


1251.  Loan  for  exchange,  what. — A  loan  for  exchange  is  a  con- 
tract by  which  one  delivers  personal  property  to  another,  and  the 


188 


TBB  CIVIL  CODE  [T.  3.  §  1264 

latter  agrees  to  return  to  the  lender  a  similar  thing  at  a  future  time, 
without  reward  for  its  use. 

Ceoss-Refebencb 
Loan  of  money  as  a  loan  for  exchange,  see  section  1261  of  this  title. 

1252.  Same. — A  loan,  which  the  borrower  is  allowed  by  the  lender 

to  treat  as  a  loan  for  use,  or  for  exchange,  at  his  option,  is  subject  to 
all  the  provisions  of  this  article. 

1253.  Title  to  property  lent. — By  a  loan  for  exchange  the  title  to 
the  thing  lent  is  transferred  to  the  borrower,  and  he  must  bear  all 
its  expenses,  and  is  entitled  to  all  its  increase. 

Ceoss-Refeeences 

Liability  for  expenses,  see  section  1239  of  this  title. 
Title  to  property  lent,  see  section  1232  of  this  title. 

1254.  Contract  cannot  be  modified  by  lender. — A  lender  for  ex- 
change cannot  require  the  borrower  to  fulfill  his  obligations  at  a 
time,  or  in  a  manner,  different  from  that  which  was  originally  agreed 
upon. 

1255.  Certain  sections  applicable. — Sections  1240,  1242,  and  1243 
of  this  title  apply  to  a  loan  for  exchange. 

ARTICLE  3.— LOAN  OF  MONEY 


Sec. 

1261.  Loan  of  money,  defined. 

1262.  Loan  to  be  repaid  in  current  money. 

1263.  Loan   presumed   to   be   on   interest. 

1264.  Interest,  what. 

1265.  Annual  rate. 


Sec. 

1266.  Legal  interest. 

1267.  Usurious    contracts ;    principal    only, 

recoverable. 

1268.  Recovery  of  usurious  interest  paid. 

1269.  Evidence  of  usury. 


1261.  Loan  of  money,  defined. — A  loan  of  money  is  a  contract  by 
which  one  delivers  a  sum  of  money  to  another,  and  the  latter  agrees 
to  return  at  a  future  time  a  sum  equivalent  to  that  which  he  bor- 
rowed.   A  loan  for  mere  use  is  governed  by  the  article  on  loan  for  use. 

Ceoss-Refebence 

Interest,  see  sections  1263  et  seq.,  of  this  title. 

1262.  Loan  to  be  repaid  in  current  money. — A  borrower  of 
money,  unless  there  is  an  express  contract  to  the  contrary,  must  pay 
the  amount  due  in  such  money  as  is  current  at  the  time  when  the 
loan  becomes  due,  whether  such  money  is  worth  more  or  less  than 
the  actual  money  lent. 

1263.  Loan  presumed  to  be  on  interest. — Whenever  a  loan  of 
money  is  made,  it  is  presumed  to  be  made  upon  interest,  unless  it  is 
otherwise  expressly  stipulated  at  the  time  in  writing. 

Ceoss-Refeeenob 

Tender  of  performance  stops  interest,  see  section  750  of  this  title. 

1264.  Interest,  what. — Interest  is  the  compensation  allowed  by 
law  or  fixed  by  the  parties  for  the  use,  or  forebearance,  or  detention 
of  money. 

189 


T.  3,  §  1265] 


THE  CIVIL  CODE 


Cboss-Refkkences 

Interest  as  damages,  see  sections  2631  et  seq.,  of  this  title. 

Interest  in  actions  ex  delicto,  see  section  2032  ot  tliis  title. 

Legacies,  interest  on.  see  section  6-;i  of  tins  title. 

Liability  of  trustee  for  interest,  see  sections  IHoO  and  1565  of  this  title. 

Si*eciul  partner  may  receive  interest,  see  section  1826  of  this  title. 

Claims  against  decedent's  estate  interest  on,  see  title  4,  sections  1476  and 
1591. 

P^secutor  chargeable  for  interest  arising  out  of  estate,  see  title  4,  .section 
15U2. 

1265.  Annual  rate. — When  a  rate  of  interest  is  prescribed  by  a 
law  or  contract,  without  specifying  the  period  of  time  by  which 
such  rate  is  to  be  calculated,  it  is  to  be  deemed  an  annual  rate. 

Ceoss-Refeeenoes 

Interest  as  damages,  see  sections  2631  et  seq.,  of  tliis  title. 

Rate  of  interest  after  breach  of  contract,  see  section  2633  of  this  title. 

1266.  Legal  interest. — No  rate  of  interest  shall  be  allowed  in  ex- 
cess of  6  per  centum  per  annum  upon  any  contract  for  the  use  or 
detention  of  money,  unless  the  same  is  in  writing  and  the  interest 
agreed  upon  must  not  exceed  12  per  centum  per  annum. 

1267.  Usurious  contracts;  principal  only,  recoverable. — All  con- 
tracts whatsoever  which  may  in  any  wa}'^,  directly  or  indirectly, 
violate  the  next  preceding  section  by  stipulating  for  a  greater  rate 
of  interest  than  12  per  centum  per  annum,  shall  be  void  and  of  no 
effect  for  the  amount  or  value  of  the  interest  only;  JDiit  the  principal 
sum  of  money  or  value  of  the  contract  may  be  received  and  recovered. 

1268.  Recovery  of  usurious  interest  paid. — When  the  interest 
received  or  collected  for  the  use  or  detention  of  money  exceeds  the 
rate  of  12  per  centum  per  annum,  it  shall  be  deemed  to  be  usurious, 
and  the  person  or  persons  paying  the  same,  or  their  legal  representa- 
tives, may  recover  from  the  person,  firm,  or  corporation  receiving 
such  interest,  the  amount  of  the  interest  so  received  or  collected,  in 
any  court  of  competent  jurisdiclion,  witliin  two  years  from  the  date 
of  the  payment  of  such  interest. 

1269.  Evidence  of  usury. — No  evidence  of  usury  shall  be  received 
on  the  trial  of  any  case  unless  the  same  shall  be  pleaded  and  verified 
by  the  affidavit  of  the  party  wi.shing  to  avail  himself  of  such  defense. 

CHAPTER  40.— HIRING 


Sec. 

1271.   ITiriiif,',  what. 

\'2~'l.   I'loilucts   of  thing. 

1273.  Quiet  posscssiun. 

1274.  Dcsrt'c  of  care,  etc.,  on  part  of  hirer. 

1275.  Must   repair  injuries,   etc. 

1276.  Tliins  let  for  a  particular  purpose. 

1277.  When  letter  may  terminate  the  hiring. 

1278.  Hirer     may     terminate     the     hiring, 

when. 


Sec. 

1270.   Wlion  hiring  terminates. 

1280.   When    terminated    hy   death,    etc.,    of 

party. 
12S1.   Apportionment   of  hire. 
12SL'.  Obliuations     of     letter     of     personal 

property. 
12.s:i.   Ordinary  expen.ses. 
12S-J.   E.xtraordiiiarv  expenses. 
1285.  Return  of  thing  hired. 


Section  1271.  Hiring,  what. — Hiring  is  a  contract  by  which  one 
gives  to  another  the  temporary  possession  and  use  of  property,  other 


190 


THE  CIVIL  CODE  [T.  3,  §  1278 

than  money,  for  reward,  and  the  latter  agrees  to  return  the  same  to 
the  former  at  a  future  time. 

Ceoss-Reference 
Hiring  personalty,  see  sections  1282  et  seq.,  of  this  title. 

1272.  Products  of  thing. — The  products  of  a  thing  hired,  during 
the  hiring,  belong  to  the  hirer. 

1273.  Quiet  possession. — An  agreement  to  let  upon  hire  binds  the 
letter  to  secure  to  the  hirer  the  quiet  possession  of  the  thing  hired 
during  the  term  of  the  hiring,  against  all  persons  lawfully  claiming 
the  same. 

Cross-Reifeben'ces 

Duty  of  letter  of  personalty  likewise,  section  12S2  of  this  title. 
Termination  of  hiring  for  want  of  quiet  enjoyment,  see  section  1278  of  this 
title. 

1274.  Degree  of  care,  etc.,  on  part  of  hirer. — The  hirer  of  a  thing 
must  use  ordinary  care  for  its  preservation  in  safety  and  in  good 
condition. 

Cross-Reiference 

Care  required  of  deposit.'iry  for  hire,  see  section  1132  of  this  title. 

1275.  Must  repair  injuries,  etc. — The  hirer  of  a  thing  must  repair 
all  deteriorations  or  injuries  thereto  occasioned  by  his  want  of 
ordinary  care. 

Cross-Refekences 

Duty  of  letter  to  repair,  see  section  1282  of  this  title. 

Hirer  may  make  repairs  and  recover  from  letter  when,  see  section  1284  of 
this  title. 

Termination  of  hiring  where  hirer  does  not  make  repairs,  see  section  1277 
of  this  title. 

1276.  Thing  let  for  a  particular  purpose. — When  a  thing  is  let  for 
a  particular  purpose  the  hirer  must  not  use  it  for  any  other  purpose ; 
and  if  he  does,  he  is  liable  to  the  letter  for  all  damages  resulting 
from  such  use,  or  the  letter  may  treat  the  contract  as  thereby 
rescinded. 

Cross-Reference 
Right  to  terminate  hiring,  see  section  1277  of  this  title. 

1277.  When  letter  may  terminate  the  hiring.— The  letter  of  a 
thing  may  terminate  the  hiring  and  reclaim  the  thing  before  the  end 
of  the  term  agreed  upon : 

1.  l^Tien  the  hirer  uses  or  permits  a  use  of  the  thing  hired  in  a 
manner  contrary  to  the  agreement  of  the  parties ;  or 

2.  When  the  hirer  does  not,  within  a  reasonable  time  after  request, 
make  such  repairs  as  he  is  boimd  to  make. 

Cross-Reiference 
Termination  of  hiring,  see  section  1276  of  this  title. 

1278.  Hirer  may  terminate  the  hiring,  when. — The  hirer  of  a 
thing  may  terminate  the  hiring  before  the  end  of  the  term  agreed 
upon: 

191 


T.  3,  §  1279]  THE  CIVIL  CODE 

1.  When  the  letter  does  not,  within  a  reasonable  time  after  request, 
fulfill  his  obligations,  if  any,  as  to  placing  and  securing  the  hirer 
in  the  quiet  possession  of  the  thing  hired,  or  putting  it  into  good 
condition,  or  repairing;  or 

2.  When  the  greater  part  of  the  thing  hired,  or  that  part  which 
was  and  which  the  letter  had  at  the  time  of  the  hiring  reason  to 
believe  was  the  material  inducement  to  the  hirer  to  enter  into  the 
contract,  perishes  from  any  other  cause  than  the  want  of  ordinary 
care  of  the  hirer. 

Cross-References 

Repair  of  premises,  see  section  1282  of  this  title. 

Right  of  hirer  to  quiet  enjoyment,  see  section  1273  of  this  title. 

1279.  When  hiring  terminates. — The  hiring  of  a  thing  termi- 
nates : 

1.  At  the  end  of  the  term  agreed  upon ; 

2.  By  the  mutual  consent  of  the  parties ; 

3.  By  the  hirer  acquiring  a  title  to  the  thing  hired  superior  to 
that  of  the  letter;  or 

4.  By  the  destruction  of  the  thing  hired. 

1280.  When  terminated  by  death,  etc.,  of  party. — If  the  hiring 
of  a  thing  is  terminable  at  the  pleasure  of  one  of  the  parties,  it  is 
terminated  by  notice  to  the  other  of  his  death  or  incapacity  to 
contract.     In  other  cases  it  is  not  terminated  thereby. 

1281.  Apportionment  of  hire. — When  the  hiring  of  a  thing  is  ter- 
minated before  the  time  originally  agreed  upon,  the  hirer  must  pay 
the  due  proportion  of  the  hire  for  such  use  as  he  has  actually  made 
of  the  thing,  unless  such  use  is  merely  nominal  and  of  no  benefit  to 
him. 

'  Ceoss-Referencb 

For  the  compensation  to  which  a  depositary  for  hire  is  entitled  upon  a 
termination  of  the  deposit,  see  sections  1133  to  1135  of  this  title. 

1282.  Obligations  of  letter  of  personal  property. — One  who  lets 
personal  property  must  deliver  it  to  the  hirer,  secure  his  quiet  enjoy- 
ment thereof  against  all  lawful  claimants,  put  it  into  a  condition  fit 
for  the  purpose  for  which  he  lets  it,  and  repair  all  deteriorations 
thereof  not  occasioned  by  the  fault  of  the  hirer  and  not  the  natural 
result  of  its  use. 

CbOS  8-R  EIFEBEN  CES 

Quiet  enjoyment,  see  sections  1273  and  3278  of  this  title. 
Repair  of  premises,  see  sections  1275  and  1278  of  this  title. 

1283.  Ordinary  expenses. — A  hirer  of  personal  property  must 
bear  all  such  expenses  concerning  it  as  might  naturally  be  foreseen 
to  attend  it  during  its  use  by  him.  All  other  expenses  must  be  borne 
by  the  letter. 

1284.  Extraordinary  expenses. — If  a  letter  failed  to  fulfill  his 
obligations,  as  prescribed  by  section  1282  of  this  title,  the  hirer,  after 
giving  him  notice  to  do  so,  if  such  notice  can  conveniently  be  given, 


198 


THE  CIVIL  CODE  [T.  3,  §  1312 

may  expend  any  reasonable  amount  necessary  to  make  good  the 
letter's  default,  and  may  recover  such  amount  from  him. 

1285.  Return  of  thing  hired. — At  the  expiration  of  the  term  for 
which  personal  property  is  hired,  the  hirer  must  return  it  to  the  letter 
at  the  place  contemplated  by  the  parties  at  the  time  of  hiring;  or, 
if  no  particular  place  was  so  contemplated  by  them,  at  the  place  at 
which  it  was  at  that  time. 

CHAPTER  41.— SERVICE  WITH  EMPLOYMENT 


Art.  Sec. 

1.  Application  and  scope  of  chapters 

41  to  43  of  this  title 1291 

2.  Definition  of  employment 1301 


Art.  Sec. 

3.  Obligations  of  employer 1311 

4.  Obligations  of  employee 1321 

5.  Termination  of  employment 1341 


ARTICLE  1.— APPLICATION  AND    SCOPE  OF  CHAPTERS  41   TO  43  OF 

THIS  TITLE 


Sec. 

1291.  No  application  to  Canal  or  Railroad 
employees. 


Sec. 

1292.  Scope  of  chapter. 


1313.  Employer   to   indemnify   for   his   own 
negligence. 


Section  1291.  No  application  to  Canal  or  Railroad  employees. — 

This  chapter  and  chapters  42  and  43  of  this  title  shall  have  no  appli- 
cation to  the  United  States  Government,  or  the  Panama  Railroad 
Company,  or  to  their  employees  as  concerns  such  employment. 

1292.  Scope  of  chapter. — The  scope  of  this  chapter  is  not  confined 
to  servants,  but  includes  factors,  brokers,  carriers,  agents,  and  all 
similar  classes  of  persons. 

ARTICLE  2.— DEFINITION  OF  EMPLOYMENT 

1301.  Einployment,  what.— The  contract  of  employment  is  a  con- 
tract by  which  one,  who  is  called  the  employer,  engages  another,  who 
is  called  the  employee,  to  do  something  for  the  benefit  of  the  employer 
or  of  a  third  person. 

ARTICLE  3.— OBLIGATIONS   OF  EMPLOYER 

Sec.  Sec. 

1311.  When   employer  must  indemnify  em- 

ployee. 

1312.  When  employer  not  bound  to  indem- 

nify employee. 

1311.  When  employer  must  indemnify  employee. — An  employer 
must  indemnify  his  employee,  except  as  prescribed  in  the  section  next 
following,  for  all  that  he  necessarily  expends  or  loses  in  direct  conse- 
quence of  the  discharge  of  his  duties  as  such,  or  of  his  obedience  to 
the  directions  of  the  employer,  even  though  unlawful,  unless  the 
employee,  at  the  time  of  obeying  such  directions,  believed  them  to 
be  unlawful. 

1312.  When  employer  not  bound  to  indemnify  employee.— An 

employer  is  not  bound  to  indemnify  his  employee  for  losses  suffered 
by  the  latter  in  consequence  of  the  ordinary  risks  of  the  business 
in  which  he  is  employed  nor  in  consequence  of  the  negligence  of 
another  person  employed  by  the  same  employer  in  the  same  general 
business,  unless  the  negligence  causing  the  injury  was  committed 
in  the  performance  of  a  duty  the  employer  owes  by  law  to  the 
employee,  or  unless  the  employer  has  neglected  to  use  ordinary  care 

193 


T.  3,  §  1313] 


THE  CIVIL  CODE 


in  the  selection  of  the  culpable  employee:  Provided^  nevertheless^ 
That  the  employer  shall  be  liable  for  such  injury  when  the  same  re- 
sults from  the  wrongful  act,  neglect,  or  defraud  of  any  agent  or  officer 
of  such  employer,  superior  to  the  employee  injured,  or  of  a  person 
employed  by  such  employer  having  the  right  to  control  or  direct 
the  services  of  such  employee  injured,  and  also  when  such  injury 
results  from  the  wrongful  act,  neglect,  or  default  of  a  coemployee 
engaged  in  another  department  of  labor  from  that  of  the  employee 
injured,  or  employed  upon  a  machine  or  other  appliance  other  than 
that  upon  which  the  employee  injured  is  employed. 

Knowledge  by  an  employee  injured  of  the  defective  or  unsafe  char- 
acter or  condition  of  any  machinery,  ways,  appliances  or  structures 
of  such  emploj'er  shall  not  be  a  bar  to  recovery  for  any  injury  or 
death  caused  thereby,  unless  it  shall  also  appear  that  such  employee 
fully  understood,  comprehended  and  appreciated  the  dangers  inci- 
dent to  the  use  of  such  defective  machinery,  ways,  appliances  or 
structures,  and  thereafter  consented  to  use  the  same,  or  continued  in 
the  use  thereof. 

Any  contract  or  agreement,  express  or  implied,  made  by  any  such 
employee  to  waive  the  benefits  of  this  section,  or  any  part  thereof, 
shall  be  null  and  void,  and  this  section  shall  not  be  construed  to 
deprive  any  such  employee  or  his  personal  representative  of  any 
right  or  remedy  to  which  he  is  now  entitled  under  the  laws  of  the 
Canal  Zone. 

The  rules  and  principles  of  law  as  to  contributory  negligence 
which  apply  to  other  cases  shall  apply  to  cases  arising  under  this 
section,  except  insofar  as  the  same  are  herein  modified  or  changed. 

1313.  Employer  to  indemnify  for  his  own  negligence. — An  em- 
ployer must  in  all  cases  indemnify  his  emploj^ee  for  losses  caused 
by  the  former's  want  of  ordinary  care. 

ARTICLE  4.— OBLIGATIONS   OF  EMPLOYEE 


Sec. 

1321.  Duties  of  gratuitous  employee. 

1322.  Same. 

1323.  Same. 

1324.  Duties  of  employee  for  reward. 

1325.  Duties     of     employee     for     liis 

benefit. 

1326.  Employee  must  obey  employer. 

1327.  Employee  to  conform  to  usage. 

1328.  Degree  of  skill  required. 


Sec. 

1329.  Must  use  what  skill  he  has. 

1330.  What  belongs  to  employer. 

1331.  Duty  to  account. 

1332.  Employee  not  bound  to  deliver  with- 

out demand. 

1333.  Preference  to  be  given   to  employers. 

1334.  Responsibility  for  negligence. 

1335.  Surviving_  employee. 

1336.  Confidential  employment. 


1321.  Duties  of  gratuitous  employee. — One  who,  without  consid- 
eration, undertakes  to  do  a  service  for  another,  is  not  bound  to  per- 
form the  same,  but  if  he  actually  enters  upon  its  performance,  he 
must  use  at  least  slight  care  and  diligence  therein. 

1322.  Same. — One  who,  by  his  own  special  request,  induces  another 
to  intrust  him  with  the  performance  of  a  service,  must  perform  the 
same  fully.  In  other  cases,  one  who  undertakes  a  gratuitous  service 
may  relinquish  it  at  any  time. 

1323.  Same. — A  gratuitous  employee,  who  accepts  a  written  power 
of  attorney,  must  act  under  it  so  long  as  it  remains  in  force,  or  until 
he  gives  notice  to  his  employer  that  he  will  not  do  so. 


194 


THE  CIVIL  CODE  [T.  3,  §  1334 

1324.  Duties  of  employee  for  reward. — One  who,  for  a  good  con- 
sideration, agrees  to  serve  another,  must  perform  the  service,  and 
must  use  ordinary  care  and  diligence  therein,  so  long  as  he  is  thus 
emplo3'ed. 

1325.  Duties  of  employee  for  his  own  benefit. — One  who  is  em- 
ployed at  his  own  ro(iuest  to  (]o  that  wliich  is  more  for  his  own 
advantage  than  for  that  of  his  eujployer,  must  use  great  care  and 
diligence  therein  to  protect  the  interest  of  the  latter. 

1326.  Employee  must  obey  employer. — An  employee  must  sub- 
stantially comply  with  all  the  directions  of  his  employer  concerning 
the  service  on  which  he  is  engaged,  except  where  such  obedience  is 
impossible  or  unlawful,  or  would  impose  new  and  unreasonable 
burdens  upon  the  employee. 

1327.  Employee  to  conform  to  usage. — An  employee  must  per- 
form his  service  in  conformity  to  the  usage  of  the  place  of  per- 
formance, unless  otherwise  directed  by  his  employer,  or,  unless  it  is 
impracticable,  or  manifestly  injurious  to  his  employer  to  do  so. 

1328.  Degree  of  skill  required. — An  employee  is  bound  to  exercise 
a  reasonable  degree  of  skill,  unless  his  employer  has  notice,  before 
employing  him,  of  his  want  of  skill. 

1329.  Must  use  what  skill  he  has. — An  employee  is  always  bound 
to  use  such  skill  as  he  possesses,  so  far  as  the  same  is  required,  for 
the  service  specified. 

1330.  What  belongs  to  employer. — Everything  which  an  em- 
ployee acquires  by  virtue  of  his  employment,  except  the  conq)ensa- 
tion,  if  any,  which  is  due  to  him  from  his  employer,  belongs  to  the 
latter,  whether  acquired  lawfully  or  unlawfully,  or  during  or  after 
the  expiration  of  the  term  of  his  employment. 

1331.  Duty  to  account. — An  employee  must,  on  demand,  render  to 
his  employer  just  accounts  of  all  his  transactions  in  the  course  of 
his  service,  as  often  as  may  be  reasonable,  and  must,  without  de- 
mand, give  prompt  notice  to  his  emploj^er  of  everything  which  he 
receives  for  his  account. 

1332.  Employee  not  bound  to  deliver  without  demand. — An  em- 
ployee who  receives  anything  on  account  of  his  employer,  in  any 
capacity  other  tlian  that  of  a  mere  servant,  is  not  bound  to  deliver 
it  to  him  until  demanded,  and  is  not  at  liberty  to  send  it  to  him  from 
a  distance,  without  demand,  in  any  mode  involving  greater  risk  than 
its  retention  by  the  employee  himself. 

1333.  Preference  to  be  given  to  employers. — An  employee  who 
has  any  business  to  transact  on  his  own  account,  similar  to  that 
intrusted  to  him  by  his  employer,  must  always  give  the  latter  the 
preference. 

1334.  Responsibility  for  negligence. — An  employee  who  is  guilty 
of  a  culpable  degree  of  negligence  is  liable  to  his  em])loyer  for  the 
damage  thereby  caused  to  the  latter;  and  the  employer  is  liable  to 
him,  if  the  service  is  not  gratuitous,  for  the  value  of  such  services 
only  as  are  properly  rendered. 

195 


T.  3,  §  1335] 


THE  CIVIL  CODE 


1335.  Surviving  employee. — Where  service  is  to  be  rendered  by 
two  or  more  persons  jointly,  and  one  of  them  dies,  the  survivor  must 
act  alone,  if  the  service  to  be  rendered  is  such  as  he  can  rightly 
perform  without  the  aid  of  the  deceased  person,  but  not  otherwise. 

1336.  Confidential  employment. — The  obligations  peculiar  to  con- 
fidential employments  are  defined  in  chapters  49  and  60  of  this  title 
on  trusts. 

ARTICLE  5.— TERMINATION  OF  EMPLOYMENT 


Sec. 

1345.  Termination  by  employer. 

1346.  Termination  by  employee. 

1347.  Compensation   due   on  dismissal. 

1348.  Compensation  due  on  quitting. 


Sec. 

1341.  Employment,  how  terminated. 

1342.  Same. 

1343.  Continuance    of    service    in    certain 

cases. 

1344.  Terms  of  employment. 

1341.  Employment,  how  terminated. — Every  employment  in 
which  the  power  of  the  employee  is  not  coupled  with  an  interest  in 
its  subject  is  terminated  by  notice  to  him  of: 

1.  The  death  of  the  employer ;  or 

2.  His  legal  incapacity  to  contract. 

1342.  Same. — Every  employment  is  terminated: 

1.  By  the  expiration  of  its  appointed  term ; 

2.  By  the  extinction  of  its  subject; 

3.  By  the  death  of  the  employee ;  or 

4.  By  his  legal  incapacity  to  act  as  such. 

1343.  Continuance  of  service  in  certain  cases. — An  employee,  un- 
less the  term  of  his  service  has  expired,  or  unless  he  has  a  right  to 
discontinue  it  at  any  time  without  notice,  must  continue  his  service 
after  notice  of  the  death  or  incapacity  of  his  employer,  so  far  as  is 
necessary  to  protect  from  serious  injury  the  interests  of  the  employ- 
er's successor  in  interest,  until  a  reasonable  time  after  notice  of  the 
facts  has  been  communicated  to  such  successor.  The  successor  must 
compensate  the  employee  for  such  service  according  to  the  terms 
of  the  contract  of  employment. 

1344.  Terms  of  employment. — An  employment,  having  no  speci- 
fied terms,  may  be  terminated  at  the  will  of  either  party,  on  notice 
to  the  other.  Employment  for  a  specified  term  shall  mean  an 
employment  for  a  period  greater  than  one  month. 

1345.  Termination  by  employer. — An  employment,  for  a  specified 
term,  may  be  terminated  at  any  time  by  the  employer,  in  case  of  any 
willful  breach  of  duty  by  the  employee  in  the  course  of  his  employ- 
ment, or  in  case  of  his  habitual  neglect  of  his  duty  or  continued 
incapacity  to  perform  it. 

1346.  Termination  by  employee. — An  employment,  for  a  specified 
term,  may  be  terminated  by  the  employee  at  any  time,  in  case  of  any 
willful  or  permanent  breach  of  the  obligations  of  his  employer  to 
him  as  an  employee. 

1347.  Compensation  due  on  dismissal. — An  employee  who  is  not 
employed  for  a  specified  term,  dismissed  by  his  employer,  is  entitled 
to  compensation  for  services  rendered  up  to  the  time  of  such 
dismissal. 


196 


THE  CIVIL  CODE 


[T.  3,  §  1306 


1348.  Compensation  due  on  quitting. — An  employee  who  is  not 
employed  for  a  specified  term  and  who  quits  the  service  of  his 
employer,  is  entitled  to  compensation  for  services  rendered  up  to 
the  time  of  such  quitting. 

CHAPTER  42.— PARTICULAR  EMPLOYMENTS 


Art.  Sec. 

1.  Master  and  servant 1351 

2.  Agents 1361 


Alt.  Sec. 

3.  Factors 1371 


CROSS-REP'EmENCE 

This  chapter  not  applicable  to  Canal  or  Railroad  employees,  see  section  1291 
of  this  title. 


ARTICLE  1.— MASTER  AND  SERVANT 


Sec. 

1351.  Servant,  what. 

1352.  Term  of  hiring 

1353.  Same. 


Sec. 

1354.  Renewal  of  hiring. 

1355.  Servant  to  pay  over  without  demand. 
135G.  When  servant  may  be  discharged. 

Section  1351.  Servant,  what. — A  servant  is  one  who  is  employed 
to  render  personal  service  to  his  employer,  otherwise  than  in  the  pur- 
suit of  an  independent  calling,  and  who  in  such  service  remains 
entirely  under  the  control  and  direction  of  the  latter,  who  is  called 
his  master. 

Cross-Referbnces 

Employer  and  employee,  generally,  see  sections  1301  et  seq.,  of  this  title. 
Obligations  of  employee,  see  sections  1321  et  seq.,  of  this  title. 
Obligations  of  employer,  see  sections  1311  et  seq.,  of  this  title. 

1352.  Term  of  hiring. — A  servant  is  presumed  to  have  been  hired 
for  such  length  of  time  as  the  parties  adopt  for  the  estimation  of 
wages.  A  hiring  at  a  yearly  rate  is  presumed  to  be  for  one  year; 
a  hiring  at  a  daily  rate,  for  one  day;  a  hiring  by  piecework,  for  no 
specified  term. 

1353.  Same. — In  the  absence  of  any  agreement  or  custom  as  to  the 
term  of  service,  the  time  of  payment,  or  rate  or  value  of  wages,  a 
servant  is  presumed  to  be  hired  by  the  month,  at  a  monthly  rate  of 
reasonable  wages,  to  be  paid  when"  the  service  is  performed. 

1354.  Renewal  of  hiring.— Where,  after  the  expiration  of  an 
agreement  respecting  the  wages  and  the  term  of  service,  the  parties 
continue  the  relation  of  master  and  servant,  they  are  presumed  to 
have  renewed  the  agreement  for  the  same  wages  and  term  of  service. 

1355.  Servant  to  pay  over  without  demand.— A  servant  must 
deliver  to  his  master,  as  soon  as  with  reasonable  diligence  he  can 
find  him,  everything  that  he  receives  for  his  account,  without  de- 
mand; but  he  is  not  bound,  without  orders  from  his  master,  to  send 
anything  to  him  through  another  person. 

1356.  When  servant  may  be  discharged.— A  master  may  dis- 
charge any  servant,  other  than  an  apprentice,  whether  engaged  for 
a  fixed  term  or  not : 

1.  If  he  is  guilty  of  misconduct  in  the  course  of  his  service,  or  of 
gross  immorality,  though  unconnected  with  the  same ;  or 


197 


T.  3, §  1361] 


THE  CIVIL  CODE 


2.  If,  being  employed  about  the  person  of  the  master,  or  in  a  con- 
fidential position,  the  master  discovers  that  he  has  been  guilty  of 
misconduct,  before  or  after  the  commencement  of  his  service,  of 
such  a  nature  that,  if  the  master  had  known  or  contemplated  it,  he 
would  not  have  so  employed  him. 


ARTICLE  2.— AGENTS 


Sec. 

1361.  Agent  to  conform  to  his  authority. 

i;i62.  Must  lieep   his   principal   informed. 


Sec. 

3  363.  CoIIectins  asent. 

1364.  Responsibility  of  subagcnt. 


1361.  Agent  to  conform  to  his  authority. — An  agent  must  not 
exceed  the  limits  of  his  actual  authority,  as  defined  by  chapter  51 
of  this  title  on  agency. 

Cross-Refebencbs 

Actual  authority,  see  section  1633  of  this  title. 
Agency,  see  sections  1611  et  seq.,  of  this  title. 
Ostensible  authority,  see  section  1634  of  this  title. 

1362.  Must  keep  his  principal  informed. — An  agent  must  use 
ordinary  diligence  to  keep  his  principal  informed  of  his  acts  in  the 
course  of  the  agency. 

1363.  Collecting  agent. — An  agent  employed  to  collect  a  nego- 
tiable instrument  must  collect  it  promptly,  and  take  all  measures 
necessary  to  charge  the  parties  thereto,  in  case  of  its  dishonor;  and, 
if  it  is  a  bill  of  exchange,  must  present  it  for  acceptance  with  reason- 
able diligence. 

1364.  Responsibility  of  subagent. — A  mere  agent  of  an  agent  is 
not  responsible  as  such  to  the  principal  of  the  latter. 

ARTICLE  3.— FACTORS 


Sec. 

1371.  Factor,  what. 

1372.  Obedience   required    from   factor. 

1373.  Sales  on  credit. 


Sec. 
1374. 


uii(h' 


niaranty 


Liability    of    fac(or 
ciimmissioii. 
1375.   Fi'ctor    ciinnot    relieve    himself    from 
liability. 


1371.  Factor,  what. — A  factor  is  an  agent  who,  in  the  ]:)ursuit  of 
an  independent  calling,  is  employed  by  another  to  sell  property  for 
him,  and  is  vested  by  the  latter  with  the  possession  or  control  of 
the  property,  or  authorized  to  receive  payment  therefor  from  the 
imrchaser.  ^, 

CEOSS-REI'EltElNCES 

Factor,  what,  see  section  1701  of  this  title. 
Factor's  authority,  see  sections  1702  and  1703  of  this  tide. 
Factor's  lien,  see  section  2314  of  this  title. 

Factor's  power  to  pledge  principal's  goods,  see  sections  1702  and  2280  of  this 
title. 

1372.  Obedience  required  from  factor. — A  factor  must  obey  the 
instructions  of  his  principal  to  the  same  extent  as  any  other  employee, 
notwith.'danding  any  advances  he  may  have  made  to  his  principal 
upon  the  property  consigned  to  him,  except  that  if  the  principal  for- 
bids him  to  sell  at  the  market  price,  he  may,  nevertheless,  sell  for 


108 


THE  CIVIL  CODE 


[T.  3,  §  1391 


his  reimbursement,  after  giving  to  his  principal  reasonable  notice  of 
his  intention  to  do  so,  and  of  tlie  time  and  place  of  sale,  and  proceed- 
ing in  all  respects  as  a  pledgee. 

1373.  Sales  on  credit. — A  factor  may  sell  property  consigned  to 
him  on  such  credit  as  is  usual;  but,  having  once  agreed  with  the 
purchaser  upon  the  term  of  credit,  may  not  extend  it. 

Cboss-Refebence 
Authority  to  sell  on  credit,  see  section  1702  of  this  title. 

1374.  Liability  of  factor  under  guaranty  commission. — A  factor 
who  charges  his  principal  with  a  guaranty  commission  upon  a  sale, 
thereby  assumes  absolutely  to  pay  the  price  when  it  falls  due,  as  if  it 
were  a  debt  of  his  own,  and  not  as  a  mere  guarantor  for  the  pur- 
chaser ;  but  he  does  not  thereby  assume  any  additional  responsibility 
for  the  safety  of  his  remittance  of  the  proceeds. 

1375.  Factor  cannot  relieve  himself  from  liability. — A  factor  who 
receives  property  for  sale,  under  a  general  agreement  or  usage  to 
guarantee  the  sales  or  the  remittance  of  the  proceeds,  cannot  relieve 
himself  from  responsibility  therefor  without  the  consent  of  his 
principal. 

CHAPTER  43.— SERVICE  WITHOUT  EMPLOYMENT 

Section  1381. — Voluntary  interference  with  property. — One  who 

officiously,  and  without  the  consent  of  the  real  or  apparent  owner 
of  a  thing,  takes  it  into  his  possession  for  the  purpose  of  rendering 
a  service  about  it,  must  complete  such  service,  and  use  ordinary  care, 
diligence,  and  reasonable  skill  about  the  same.  He  is  not  entitled 
to  any  compensation  for  his  service  or  expenses,  except  that  he  may 
deduct  actual  and  necessary  expenses  incurred  by  him  about  such 
service  from  any  profits  which  his  service  has  caused  the  thing  to 
acquire  for  its  owner,  and  must  account  to  the  owner  for  the  residue. 

Ckoss-Refeeence 
Gratuitous  carriers,  see  section  1394  of  this  title. 

CHAPTER  44.— CARRIAGE  IN  GENERAL 


Sec. 

1391.  Contract  of  carriage. 

1392.  Different  kinds  of  carriers. 

1393.  Application   of  chapters   44   to  48   of 

this  title  to  marine  carriers. 


Sec. 

1394.  Obligations  of  gratuitous  carriers. 

1395.  Obligations  of  gratuitous  carrier  who 

has  begun  to  carry. 


Section  1391.  Contract  of  carriage. — The  contract  of  carriage  is  a 
contract  for  the  conveyance  of  property,  persons,  or  messages,  from 
one  place  to  another. 

Ceoss-Refeeences 

Carriage  of  messages,  see  section  1461  of  this  title. 
Carriage  of  persons,  see  sections  1401  et  seq.,  of  this  title. 
Carriage  of  property,  see  sections  1421  et  seq.,  of  this  title. 
Common  carriers,  defined,  see  section  1471  of  this  title. 

Gratuitous  carriers  of  passengers,  care  required  of,  see  sections  1394  and 
1395  of  this  title. 


199 


T.  3,  §  1392]  THE  CIVIL  CODE 

1392.  Different  kinds  of  carriers.— Carriage  is  either: 

1.  Inland;  or 

2.  Marine. 

1393.  Application  of  chapters  44  to  48  of  this  title  to  marine  car- 
riers.— This  chapter  and  chapters  45  to  48  of  this  title,  with  the  ex- 
ception of  section  1441  of  this  title,  shall  have  no  application  to 
marine  carriers.  Marine  carriers,  within  the  meaning  of  this  sec- 
tion, shall  include  carriers  upon  the  ocean,  upon  arms  of  the  sea, 
and  those  transiting  the  Canal  from  ocean  to  ocean. 

Ceoss-Refeeence 

Inland  carriers  of  property,  rights  and  duties  of,  see  sections  1491  et  seq., 
of  tliis  title. 

1394.  Obligations  of  gratuitous  carriers. — Carriers  without  re- 
ward are  subject  to  the  same  rules  as  employees  without  reward, 
except  so  far  as  is  otherwise  provided  by  this  chapter  and  chapters 
45  to  48  of  this  title. 

Ceos  s-Refeeences 

Gratuitous  carriers,  see  sections  1395,  1401,  and  1431  of  this  title. 
Service  without  employment,  see  section  1381  of  this  title. 

1395.  Obligations  of  gratuitous  carrier  who  has  begun  to 
carry. — A  carrier  without  reward,  who  has  begun  to  perform  his 
undertaking,  must  complete  it  in  like  manner  as  if  he  had  received 
a  reward,  unless  he  restores  the  person  or  thing  carried  to  as 
favorable  a  position  as  before  he  commenced  the  carriage. 

Ceoss-Res'ebences 

Compare  with  section  1401  of  this  title. 

Gratuitous  carriers,  see  sections  1394,  1401  and  1431  of  this  title. 

CHAPTER  45.— CARRIAGE  OF  PERSONS 

Art.                                                                  Sec.   I   Art.  Sec. 

1.  Gratuitous  carriage  of  persons 1401    '   2.  Carriage  for  reward 1411 

ARTICLE  1.— GRATUITOUS  CARRIAGE  OF  PERSONS 

Section  1401.  Degree  of  care  required. — A  carrier  of  persons 
without  reward  must  use  ordinary  care  and  diligence  for  their  safe 
carriage. 

Cboss-Reifebences 

Carriers  of  persons,  generally,  see  sections  1481  et  seq.,  of  this  title. 
Duty  of  gratuitous  employee,  generally,  see  sections  1321,  1322,  and  1381  of 
this  title. 
Gratuitous  carriers,  see  sections  1394,  1395  and  1431  of  this  title. 

ARTICLE  2.— CARRIAGE  FOR  REWARD 


Sec. 

1411.  Gpnoral  duties  of  carrier. 

1412.  Vehicles. 

141.3.  Not  to  overload  his  vehicle. 


Sec. 

1414.  Tr(>atment  of  pnsspngers. 

1415.  Rate  of  speed  and  delays. 


1411.  General  duties  of  carrier. — A  carrier  of  persons  for  reward 
must  use  the  utmost  care  and  diligence  for  their  safe  carriage,  must 


200 


THE  CIVIL  CODE 


[T.  3,  §  1433 


provide  everything  necessary  for  that  purpose,  and  must  exercise 
to  that  end  a  reasonable  degree  of  skiU. 

Cboss-Refesenob 

Limiting  liability  by  contract,  see  sections  1474  to  1476  of  this  title. 

1412.  Vehicles. — A  carrier  of  persons  for  reward  is  bound  to  pro- 
vide vehicles  safe  and  fit  for  the  purposes  to  which  they  are  put, 
and  is  not  excused  for  default  in  this  respect  by  any  degree  of  care. 

1413.  Not  to  overload  his  vehicle. — A  carrier  of  persons  for  re- 
ward must  not  overcrowd  or  overload  his  vehicle. 

1414.  Treatment  of  passengers. — A  carrier  of  persons  for  reward 
must  give  to  passengers  all  such  accommodations  as  are  usual  and 
reasonable,  and  must  treat  them  with  civility,  and  give  them  a  rea- 
sonable degree  of  attention. 

1415.  Rate  of  speed  and  delays. — A  carrier  of  persons  for  reward 
must  travel  at  a  reasonable  rate  of  speed,  and  without  any  unreason- 
able delay,  or  deviation  from  his  proper  route. 

CHAPTER  46.— CARRIAGE  OF  PROPERTY 


Art.  Sec. 

1.  Goneral    definitions 1421 

2.  Obligations  of  carrier 1431 


Art.  Sec. 

.3.  Bills  of  lading 1441 

4.  Freightage 1451 


ARTICLE  1.— GENERAL  DEFINITIONS 

Section  1421.  Freight,  consignor,  and  so  forth,  what. — Property 

carried  is  called  freight;  the  reward,  if  any,  to  be  paid  for  its  car- 
riage is  called  freightage ;  the  person  who  delivers  the  freight  to  the 
carrier  is  called  the  consignor;  and  the  person  to  whom  it  is  to  be 
delivered  is  called  the  consignee. 

Cross-Res'erence 
Freightage,  questions  relating  to,  see  section  1451  of  this  title. 

ARTICLE  2.— OBLIGATIONS  OF  CARRIER 


Sec. 

1431.  Care      and      diligence     required      of 

carriers. 

1432.  Carrier  to  obey  directions. 

1433.  Conflict  of  orders. 


Sec. 

1434.  Delivery  of  freight. 

1435.  Notice  when  freight  not  delivered. 

1436.  When  consignee  does  not  accept. 


1431.  Care  and  diligence  required  of  carriers. — A  carrier  of 
property  for  reward  must  use  at  least  ordinary  care  and  diligence  in 
the  performance  of  all  his  duties.  A  carrier  without  reward  must 
use  at  least  slight  care  and  diligence. 

Cross-Refeeences 

Alteration  of  liability  by  agreement,  see  sections  1474  et  seq.,  of  this  title. 
Gratuitous  carriers,  see  sections  1394,  1395,  and  1401  of  this  title. 

1432.  Carrier  to  obey  directions. — A  carrier  must  comply  with 
the  directions  of  the  consignor  or  consignee  to  the  same  extent  that 
an  employee  is  bound  to  comply  with  those  of  his  employer. 

1433.  Conflict  of  orders. — When  the  directions  of  a  consignor  and 
and  consignee  are  conflicting,  the  carrier  must  comply  with  those  of 


93083—34- 


-14 


2m. 


T.  3,  §  1434] 


THE  CIVIL  CODE 


the  consignor  in  respect  to  all  matters  except  the  delivery  of  the 
freight,  as  to  which  he  must  comply  with  the  directions  of  the  con- 
signee, unless  the  consignor  has  specially  forbidden  the  carrier  to 
receive  orders  from  the  consignee  inconsistent  with  his  own. 

1434.  Delivery  of  freight. — A  carrier  of  property  must  deliver  it 
to  the  consignee,  at  the  place  to  which  it  is  addressed,  in  the  manner 
usual  at  that  place. 

Ceoss-Refebencb 

Damages  for  carrier's  breach  of  obligation  to  deliver,  see  section  2655  of  this 
title. 

1435.  Notice  when  freight  not  delivered. — If,  for  any  reason,  a 
carrier  does  not  deliver  freight  to  the  consignee  or  his  agent  per- 
sonally, he  must  give  notice  to  the  consignee  of  its  arrival,  and  keep 
the  same  in  safety,  upon  his  responsibility  as  a  warehouseman,  until 
the  consignee  has  had  a  reasonable  time  to  remove  it.  If  the  place 
of  residence  or  business  of  the  consignee  be  unknown  to  the  carrier, 
he  may  give  the  notice  by  letter  dropped  in  the  nearest  post  otfice. 

Cross-Refeeence 

Damages  for  breach  jof  obligation  to  deliver,  see  sections  2G55  and  2656  of 
this  title. 

1436.  When  consignee  does  not  accept. — If  a  consignee  does  not 
accept  and  remove  freight  within  72  hours  after  the  carrier  has 
fulfilled  his  obligation  to  deliver,  or  duly  offered  to  fulfill  the  same, 
the  rights  and  duties  of  the  carrier  shall  thereafter  be  the  same  as 
those  of  a  warehouseman  as  provided  in  sections  1141  to  1193  of  this 
title. 

ARTICLE  3.— BILLS  OF  LADING 

1441.  Application  of  Federal  Bill  of  Lading  Act  to  shipments 
wholly  within  Canal  Zone. — The  Federal  Bill  of  Lading  Act  (U.S. 
Code,  title  49,  sees.  81  to  124)  is  hereby  made  applicable  to  shipments 
wholly  within  the  Canal  Zone. 

Note. — The  text  of  the  act  above  referred  to  is  shown  in  the  appendix  at 
page  999. 

ARTICLE  4.— FREIGHTAGE 


Sec. 

1451.  When  freightage  is  to  be  paid. 

1452.  Consignor,  when  liable  for  freightage. 

1453.  Consignee,  when  liable. 

1454.  Natural  increase  of  freight. 

1455.  Apportionment  by  contract. 

1456.  Same. 


Sec. 

1457.  Apportionment  according  to  distance. 

1458.  Freight  carried   further   than  agreed, 

etc. 

1459.  Carrier's  lien  for  froightage,  services, 

and  advances. 


1451.  When  freightage  is  to  be  paid. — A  carrier  may  require  his 
freightage  to  be  paid  upon  his  receiving  the  freight ;  but  if  he  does 
not  demand  it  then,  he  cannot  until  he  is  ready  to  deliver  the  freight 
to  the  consignee. 

Cross-Reference 

Freightage;,  defined,  see  section  1421  of  this  title. 


202 


THE  CIVIL  CODE  [T.  3,  §  1461 

1452.  Consignor,  when  liable  for  freightage. — The  consignor  of 
freight  is  presumed  to  be  liable  for  the  freightage,  but  if  the  contract 
between  him  and  the  carrier  provides  that  the  consignee  shall  pay  it, 
and  the  carrier  allows  the  consignee  to  take  the  freight,  he  cannot 
afterwards  recover  the  freightage  from  the  consignor. 

1453.  Consignee,  when  liable. — The  consignee  of  freight  is  liable 
for  the  freight«ige,  if  he  accepts  the  freight  with  notice  of  the  inten- 
tion of  the  consignor  that  he  should  pay  it. 

1454.  Natural  increase  of  freight. — No  freightage  can  be  charged 
upon  the  natural  increase  of  freight. 

1455.  Apportionment  by  contract. — If  freightage  is  apportioned 
by  a  bill  of  lading  or  other  contract  made  between  a  consignor  and 
carrier,  the  carrier  is  entitled  to  payment,  according  to  the  apporti(m- 
ment,  for  so  much  as  he  delivers. 

1456.  Same. — If  a  part  of  the  freight  is  accepted  by  a  consignee, 
without  specific  objection  that  the  rest  is  not  delivered,  the  freightage 
must  be  apportioned  and  paid  as  to  that  part,  though  not  apportioned 
in  the  original  contract. 

1457.  Apportionment  according  to  distance. — >If  a  consignee  vol- 
untarily receives  freight  at  a  place  short  of  the  one  appointed  for 
deliver}',  the  carrier  is  entitled  to  a  just  proportion  of  the  freightage, 
according  to  distance.  If  the  carrier,  being  ready  and  willing,  offers 
to  complete  the  transit,  he  is  entitled  to  the  full  freightage.  If  he 
does  not  thus  offer  completion,  and  the  consignee  receives  the  freight 
only  from  necessity,  the  carrier  is  not  entitled  to  any  freightage, 

1458.  Freight  carried  further  than  agreed,  etc. — If  freight  is 
carried  further,  or  more  expeditiously,  than  was  agreed  upon  by  the 
parties,  the  carrier  is  not  entitled  to  additional  compensation,  and 
cannot  refuse  to  deliver  it,  on  the  demand  of  the  consignee,  at  the 
place  and  time  of  its  arrival. 

1459.  Carrier's  lien  for  freightage,  services,  and  advances. — A 

carrier  has  a  lien  for  freightage  and  for  services  rendered  at  rccpiest 
of  shipper  or  consignee  in  and  about  the  transportation,  care,  and 
preservation  of  the  property,  and  he  also  has  a  lien  for  money  ad- 
vanced at  request  of  shipper  or  consignee  to  discharge  a  prior  lien. 
His  rights  to  such  lien  are  regulated  by  chapters  62  to  G5  of  this  title 
on  liens:  Provided.,  however.^  That  such  lion  may  be  enforced  in  the 
manner  provided  by  sections  1169  to  1172  of  this  title  relating  to 
warehousemen. 

Cbos  s-Reference 

Liens,  generally,  see  sections  2171  et  seq.,  of  this  title. 

CHAPTER  47.— CARRIAGE  OF  MESSAGES 

Section  1461.  Degree  of  care  and  diligence  required. — A  carrier 
of  messages  for  reward  must  use  great  care  and  diligence  in  the 
transmission  and  delivery  of  messages. 


2m 


T.  3,  §  1471] 


THE  CIVIL  CODE 


CHAPTER  48.— COMMON  CARRIERS 


Art.  Sec. 

1.  Common  carriers  in  general 1471 

2.  Common  carriers  of  persons 1481 


Art. 

3.  Common  carriers  of  property 


Sec. 
1491 


ARTICLE  1.— COMMON  CARRIERS  IN  GENERAL 


Sec. 

1471. 

1471i. 

1473. 

1474. 


Common  carrier,  wliat. 
Obligation  to  accept  freight. 
Compensation. 

Obligations    of    carrier    altered 
by  agreement. 


only 


Sec. 

1475.  Certain  agreements  void. 

1476.  Effect  of  written  contract. 

1477.  Loss  of  valuable  letters. 


Section  1471.  Common  carrier,  what. — Everyone  who  offers  to  the 
public  to  carry  persons,  property,  or  messages  is  a  common  carrier 
of  whatever  he  thus  offers  to  carry. 

CeOSS-RE3'ERENCE8 

Carriage,  in  general,  see  sections  1391  et  seq.,  of  this  title. 
Marine  carriers,  defined,  see  section  1393  of  this  title. 
Rights  and  liabilities  of  carriers ;  see 

Carriers  of  persons,  sections  1481  et  seq.,  of  this  title. 

Carriers  of  property,  sections  1491  et  seq.,  of  this  title. 

1472.  Obligation  to  accept  freight. — A  common  carrier  must,  if 
able  to  do  so,  accept  and  carry  whatever  is  offered  to  him,  at  a 
reasonable  time  and  place,  of  a  kind  that  he  undertakes  or  is  accus- 
tomed to  carry. 

Ceos  s-Refeken  ce 

Damage  for  failure  to  accept  freight,  see  section  2654  of  this  title. 

1473.  Compensation. — A  common  carrier  is  entitled  to  a  reason- 
able compensation  and  no  more,  which  he  may  require  to  be  paid  in 
advance.     If  payment  thereof  is  refused,  he  may  refuse  to  carry. 

Cross-Refekencb 

Lien  Tor  freightage,  services,  and  advances,  see  section  14.59  of  this  title. 

1474.  Obligations  of  carrier  altered  only  by  agreement. — The 

obligations  of  a  common  carrier  cannot  be  limited  by  general  notice 
on  his  part,  but  may  be  limited  by  special  contract. 

Ckoss-References 

Compare  with  sections  1476  and  1494  of  this  title. 

Limiting  liability  by  special  contract,  see  section  1475  of  this  title. 

1475.  Certain  agreements  void. — A  common  carrier  cannot  be 
exonerated,  by  any  agreement  made  in  anticipation  thereof,  from 
liability  for  the  gross  negligence,  fraud,  or  willful  wrong  of  himself 
or  his  servants. 

Ceoss-Reference 

Contract  exempting  one  from  liability  for  negligent  or  unlawful  acts,  illegal, 
.see  section  9.32  of  this  title. 

1476.  Effect  of  written  contract. — A  passenger,  consignor,  or  con- 
signee, by  accepting  a  ticket,  bill  of  lading,  or  written  contract  for 
carriage,  with  a  knowledge  of  its  terms,  assents  to  the  rate  of  hire. 


204 


THE  CIVIL  CODE 


[T.  3,  §  1485 


the  time,  place,  and  manner  of  delivery  therein  stated;  and  also  to 
the  limitation  stated  therein  upon  the  amount  of  the  carrier's  liability 
in  case  property  carried  in  packages,  trunks,  or  boxes,  is  lost  or  in- 
jured, when  the  value  of  such  property  is  not  named ;  and  also  to  the 
limitation  stated  therein  to  the  carrier's  liability  for  loss  or  injury  to 
live  animals  carried.  But  his  assent  to  any  other  modification  of 
the  carrier's  obligations  contained  in  such  instrument  can  be  mani- 
fested only  by  his  signature  to  the  same. 

1477.  Loss  of  valuable  letters. — A  common  carrier  is  not  respon- 
sible for  loss  or  miscarriage  of  a  letter,  or  package  having  the  form 
of  a  letter,  containing  money  or  notes,  bills  of  exchange,  or  other 
papers  of  value,  unless  he  be  informed  at  the  time  of  its  receipt  of 
the  value  of  its  contents. 

Cross-references 

Consignor  of  valuables  to  declare  their  nature,  see  section  1494  of  this  title. 
Contract  limiting  loss  where  value  not  stated,  see  section  1476  of  this  title. 

ARTICLE  2.— COMMON  CARRIERS  OF  PERSONS 


Sec. 

1484.  Ejection  of  passengers. 

1485.  Fare  not  payable  after  ejection. 


Sec. 

14S1.  Liability  for  luggage. 

1482.  Regulations  for   conduct   of  business. 

1483.  Fare,  when  payable. 

1481.  Liability  for  luggage. — The  liability  of  a  carrier  for  lug- 
gage received  by  him  with  a  passenger  is  the  same  as  that  of  a 
common  carrier  of  property. 

Cross-Reference 
Liability  of  carriers,  generally,  see  section  1491  of  this  title. 

1482.  Regulations  for  conduct  of  business. — A  common  carrier  of 

persons  may  make  rules  for  the  conduct  of  his  business,  and  may 
require  passengers  to  conform  to  them,  if  they  are  lawful,  public, 
uniform  in  their  application,  and  reasonable. 

Ckoss-Reterence 

Ejection  of  passenger  not  conforming  to  regulations,  see  section  1484  of  this 
title. 

1483.  Fare,  when  payable. — A  common  carrier  may  demand  the 
fare  of  passengers,  either  at  starting  or  at  any  subsequent  time. 

1484.  Ejection  of  passengers. — ^A  passenger  who  refuses  to  pay 
his  fare  or  to  conform  to  any  lawful  regulation  of  the  carrier,  may 
be  ejected  from  the  vehicle  by  the  carrier.  But  this  must  be  done 
with  as  little  violence  as  possible,  and  at  any  usual  stopping  place 
or  near  some  dwelling  house. 

Cross-Referencb 

Power  to  make  rules  for  regulation  of  business,  see  section  1482  of  this  title. 

1485.  Fare  not  payable  after  ejection. — After  having  ejected  a 
passenger,  a  carrier  has  no  right  to  require  the  payment  of  any 
part  of  his  fare. 

205 


T.  3,  §  1491]  TEE  CIVIL  CODE 

ARTICLE  3.— COMMON  CARRIERS  OF  PROPERTY 


Sec. 

1491.  Liability  of  inland  carriers  for  loss. 

1492.  When   exemptions   do  not  apply. 
14!Ki.   Liability  for  delay. 

14'.i4.   Consignor    of    valuables     to    declare 
their  nature. 


Sec. 

1495.  Delivery     of     freight     beyond     usual 

route. 

1496.  Proof  to  be  given  in  case  of  loss. 

1497.  Carrier's  services,  otlier  than  carriage 

and  delivery. 


1491.  Liability  of  inland  carriers  for  loss. — Unless  the  consignor 
accompanies  the  freiglit  and  retains  exclusive  control  thereof,  an 
inland  common  carrier  of  property  is  liable,  from  the  time  that  he 
accepts  until  he  relieves  himself  from  liability  pursuant  to  sections 
1434  to  143G  of  this  title,  for  the  loss  or  injury  thereof  from  any  cause 
whatever,  except — 

1.  An  inherent  defect,  vice,  or  wealcness,  or  a  spontaneous  action, 
of  the  property  itself; 

2.  The  act  of  a  public  enemy  of  the  United  States ; 
8.  The  act  of  the  law ;  or 

4.  Any  irresistible  superhuman  cause.  ; 

CK0SS-ReFB21ENCES 

Liability  as  warehnusciimn,  see  section  1435  of  tliis  title. 
Termination  of  liability,  see  sections  1434  to  1436  of  this  title. 

1492.  When  exemptions  do  not  apply. — A  common  carrier  is  lia- 
ble, even  in  the  cases  excepted  by  the  next  preceding  section,  if  his 
want  of  ordinary  care  exposes  the  property  to  the  cause  of  the  loss. 

1493.  Inability  for  delay. — A  common  carrier  is  liable  for  delay 
only  when  it  is  caused  by  his  want  of  ordinary  care  and  diligence. 

CkOSS-KeI'EIIKNCE 

Delay  in  c.iri'iaKe,  liability  fur,  see  sections  1415  and  2050  of  this  title. 

1494.  Consignor  of  valuables  to  declare  their  nature. — A  com- 
mon carrier  of  gold,  silver,  platinum,  or  precious  stones,  or  of  imita- 
tions thereof,  in  a  manufactured  or  unmanufactured  state;  of  time- 
])ieces  of  any  description;  of  negotiable  paper  or  other  valuable 
writings;  of  pictures,  glass,  or  chinaware;  of  statuary,  silk  or  laces; 
OY  of  plated  ware  of  any  kind,  is  not  liable  for  more  than  $50  upon 
the  loss  or  injury  of  any  one  package  of  such  articles,  unless  he  has 
notice,  n])on  his  "receipt  thereof,  by  mark  upon  the  package  or  other- 
,\ase,  of  the  nature  of  the  freight;  nor  is  such  carrier  liable  upon 
any  package  carried  for  more  than  the  value  of  the  articles  named 
in  the  receipt  or  the  bill  of  lading. 

Cboss-Refeirencbs 

Contract  limiting  loss  where  value  not  declared,  see  section  1476  of  this  title. 
Letters  or  packages  containing  valuables,  liability  for  loss  of,  see  section  1477 
of  this  title. 

1495.  Delivery  of  freight  beyond  usual  route.— If  a  common  car- 
rier accepts  freight  for  a  place  beyond  his  usual  route,  he  must, 
unless  he  stipulates  otherwise,  deliver  it  at  the  end  of  his  route  in  that 
direction  to  some  other  competent  carrier  carrying  to  the  place  of 
address,  or  connect(Hl  with  t^iose  who  thus  carry,  and  his  liability 
ceases  upon  making  such  delivery. 

206 


THE  CIVIL  CODE 


[T.  3,  §  1505 


Ceoss-Re^'Ebenob 
Delivery,  in  general,  see  section  1434  of  this  title. 

1496.  Proof  to  be  given  in  case  of  loss. — If  freight  addressed  to  a 
place  beyond  the  usual  route  of  the  common  carrier  who  first  re- 
ceived it  is  lost  or  injured,  he  must,  within  a  reasonable  time  after 
demand,  give  satisfactory  proof  to  the  consignor  that  the  loss  or 
injury  did  not  occur  while  it  was  in  his  charge,  or  he  will  be  himself 
liable  therefor. 

1497.  Carrier's  services,  other  than  carriage  and  delivery.— In 
respect  to  any  service  rendered  by  a  common  carrier  about  freight, 
other  than  its  carriage  and  delivery,  his  rights  and  obligations  ar- 
defined  by  the  chapters  on  deposit  and  the  chapters  on  service. 

Ceoss-References 

Deposit,  see  sections  1091  et  seq.,  of  this  title. 
Service,  see  sections  1301  et  seq.,  of  this  title. 

CHAPTER  49.— TRUSTS  IN  GENERAL 


Art.  Sec. 

1.  Nature  and  creation  of  a  trust 1501 

2.  Obligations  of  trustees 1521 


Art.  Sec. 

3.  Obligations  of  third  persons 1541 


ARTICLE  I.— NATURE  AND  CREATION  OF  A  TRUST 


Sec. 

1501.  Trusts  classified. 

1502.  Voluntary  trust,  what. 

1503.  Involuntary  trust,  what. 

1504.  Parties  to  the  contract. 

1505.  What  constitutes  one  a   trustee. 

1506.  For    what    purpose    a    trust    may    be 

created. 


Sec. 

1507.  Voluntary    trust,    how    created    as   to 

trustor. 

1508.  HdW  created  as  to  trustee. 

1509.  Involuntary  trustee,  who  is. 

1510.  Involuntary      trust      resulting 

fraud,    mistake,    etc. 


from 


Section  1501.  Trusts  classified. — A  trust  is  either — 

1.  Voluntary;  or 

2.  Involuntary. 

1502.  Voluntary  trust,  what. — A  voluntary  trust  is  an  obligation 
arising  out  of  a  personal  confidence  reposed  in,  and  voluntarily  ac- 
cepted by,  one  for  the  benefit  of  another. 

1503.  Involuntary  trust,  what. — An  involuntary  trust  is  one 
which  is  created  by  operation  of  law. 

Ckoss-Refebence 

Involuntary  trust,  see  sections  1509,  1510  and  1541  of  this  title. 

1504.  Parties  to  the  contract. — The  person  whose  confidence 
creates  a  trust  is  called  the  trustor;  the  person  in  whom  the  confi- 
dence is  reposed  is  called  the  trustee;  and  the  person  for  whose 
benefit  the  trust  is  created  is  called  the  beneficiary. 

1505.  What  constitutes  one  a  trustee. — Everyone  who  voluntarily 
assumes  a  relation  of  personal  confidence  with  another  is  deemed  a 
trustee,  within  the  meaning  of  this  chapter,  not  only  as  to  the  person 
who  reposes  such  confidence,  but  also  as  to  all  persons  of  whose  affairs 
he  thus  acquires  information  which  was  given  to  such  person  in  the 


207 


T.  3,  §  1506]  THE  CIVIL  CODE 

like  confidence,  or  over  whose  affairs  he,  by  such  confidence,  obtains 
any  control. 

1506.  For  what  purpose  a  trust  may  be  created. — A  trust  may 
be  created  for  any  purpose  for  which  a  contract  may  lawfully  be 
made,  except  as  otherwise  prescribed  by  the  chapter  on  transfer  of 
property. 

1507.  Voluntary  trust,  how  created  as  to  trustor. — A  voluntary 
trust  is  created,  as  to  the  trustor  and  beneficiary,  by  any  words  or 
acts  of  the  trustor,  indicating  with  reasonable  certainty — 

1.  An  intention  on  the  part  of  the  trustor  to  create  a  trust;  and 

2.  The  subject,  purpose,  and  beneficiary  of  the  trust. 

Ceoss-Refeeencbjs 

Creation  of  involuntary  trust,  see  sections  1509  and  1510  of  this  title. 
Trusts  for  benefit  of  third  persons,  see  section  1552  of  this  title. 

1508.  How  created  as  to  trustee. — A  voluntary  trust  is  created, 
as  to  the  trustee,  by  any  words  or  acts  of  his  indicating,  with  reason- 
able certainty — 

1.  His  acceptance  of  the  trust,  or  his  acknowledgment,  made  upon 
suflBcient  consideration,  of  its  existence;  and 

2.  The  subject,  purpose,  and  beneficiary  of  the  trust. 

1509.  Involuntary  trustee,  who  is. — One  who  wrongfully  detains 
a  thing  is  an  involuntary  trustee  thereof,  for  the  benefit  of  the 

owner. 

Cross-Reifeeences 

Compensation  of  involuntary  trustee,  see  sections  1582  and  1583  of  this  title. 
Involuntary  trustee,  who  is,  see  sections  1503  and  1541  of  this  title. 

1510.  Involuntary  trust  resulting  from  fraud,  mistake,  etc. — 

One  who  gains  a  thing  by  fraud,  accident,  mistake,  undue  influence, 
the  violation  of  a  trust,  or  other  wrongful  act,  is,  unless  he  has  some 
other  and  better  right  thereto,  an  involuntary  trustee  of  the  thing 
gained,  for  the  benefit  of  the  person  who  would  otherwise  have  had  it. 

Cross-references 

Compensation  of  involuntary  trustee,  see  sections  1582  and  1583  of  this  title. 
Involuntary  trustee,  who  is,  see  sections  1503,  1509  and  1541  of  this  title. 

ARTICLE  2.— OBLIGATIONS  OF  TRUSTEES 


Sec. 

1521.  Trustee's  obligation  to  good  faith. 

1522.  Trustee   not   to   use  property   for  Ills 

own  profit. 

1523.  Certain   transactions  forbidden. 

1524.  Trustee's    influence   not    be    used    for 

his  advantage. 

1525.  Trustee    not    to    assume    a    trust    ad- 

verso   to   interest   of   beneficiary. 

1526.  To  disclose  adverse  interest. 


Sec. 

1527.  Trustee  guilty  of  fraud,  when. 

1528.  Presumption  asuinst  trustees. 

1529.  Trustee  mingling  trust  property  with 

his  own. 

1530.  Measure    of    liability    for    breach    of 

trust. 

1531.  Same. 

1532.  Cotrustoos,    liow    far    liable   for    each 

other. 


1521.  Trustee's  obligation  to  good  faith. — In  all  matters  con- 
nected with  his  trust,  a  trustee  is  bound  to  act  in  the  highest  good 
faith  toward  his  beneficiary,  and  may  not  obtain  any  advantage 
therein  over  the  latter  by  the  slightest  misrepresentation,  conceal- 
ment, threat,  or  adverse  pressure  of  any  kind. 

208 


THE  CIVIL  CODE  [T.  3,  §  1528 

1522.  Trustee  not  to  use  property  for  his  own  profit. — A  trustee 
may  not  use  or  deal  with  the  trust  property  for  his  own  profit,  or  for 
any  other  purpose  unconnected  with  the  trust,  in  any  manner. 

Ceoss-Reterences 

Presumption  of  undue  influence  on  transactions  between  the  trustee  and 
beneficiary,  see  section  ]528  of  this  title. 

Purchaser  from  trustee  charged  with  the  trust  when,  see  section  1541  of  this 
title. 

Violations  of  duties  by  trustee  are  fraudulent,  see  section  1527  of  this  title. 

1523.  Certain  transactions  forbidden. — Neither  a  trustee  nor  any 
of  his  agents  may  take  part  in  any  transaction  concerning  the  trust 
in  which  he  or  anyone  for  Avhom  he  acts  as  agent  has  an  interest, 
present  or  contingent,  adverse  to  that  of  his  beneficiary,  except  as 
follows : 

1.  When  the  beneficiary,  having  capacity  to  contract,  with  a  full 
knowledge  of  the  motives  of  the  trustee,  and  of  all  other  facts  con- 
cerning the  transaction  which  might  affect  his  own  decision,  and 
without  the  use  of  any  influence  on  the  part  of  the  trustee,  permit^ 
him  to  do  so ; 

2.  When  the  beneficiary  not  having  capacity  to  contract,  th* 
proper  court,  upon  the  like  information  of  the  facts,  grants  the  lik* 
permission;  or 

3.  When  some  of  the  beneficiaries  having  capacity  to  contract,  and 
some  not  having  it,  the  former  grant  permission  for  themselves, 
and  the  proper  court  for  the  latter,  in  the  manner  above  prescribed. 

Cross-Refeeences 

Duty  to  inform  beneficiary  of  adverse  interest,  see  section  1526  of  this  title. 
Undertaking  inconsistent  trust,  see  section  1525  of  this  title. 

1524.  Trustee's  influence  not  to  be  used  for  his  advantage. — A 

trustee  may  not  use  the  influence  which  his  position  gives  him  to 
obtain  any  advantage  from  his  beneficiary. 

1525.  Trustee  not  to  assume  a  trust  adverse  to  interest  of  bene- 
ficiary.— No  trustee,  so  long  as  he  remains  in  the  trust,  may  under- 
take another  trust  adverse  in  its  nature  to  the  interest  of  his  bene- 
ficiary in  the  subject  of  the  trust,  without  the  consent  of  the  latter. 

Ckoss-Refeubnces 

Compare  section  1523  of  this  title. 

Removal  of  trustee,  see  sections  1594  and  1595  of  this  title. 

Trustee's  duty  to  disclose  adverse  interest,  see  section  1526  of  this  title. 

1526.  To  disclose  adverse  interest. — If  a  trustee  acquires  any 
interest,  or  becomes  charged  with  any  duty,  adverse  to  the  interest 
of  his  beneficiary  in  the  subject  of  the  trust,  he  must  immediately 
inform  the  latter  thereof,  and  may  be  at  once  removed. 

1527.  Trustee  guilty  of  fraud,  when. — Every  violation  of  the  pro- 
visions of  sections  1521  to  1526  of  this  title  is  a  fraud  against  the 
beneficiary  of  a  trust. 

1528.  Presumption  against  trustees. — All  transactions  between  a 
trustee  and  his  beneficiary  during  the  existence  of  the  trust,  or  while 

209 


T.  3,  §  1529]  THE  CIVIL  CODE 

the  influence  acquired  by  the  trustee  remains,  by  which  he  obtains 
any  advantage  from  his  beneficiary,  are  presumed  to  be  entered 
into  by  the  latter  without  sufficient  consideration,  and  under  undue 
influence. 

1529.  Trustee  mingling  trust  property  with  his  own. — A  trustee 
who  willfully  and  unnecessaril}^  mingles  the  trust  property  with  his 
own,  so  as  to  constitute  himself  in  appearance  its  absolute  owner,  is 
liable  for  its  safety  in  all  events,  and  for  the  value  of  its  use. 

1530.  Measure  of  liability  for  breach  of  trust. — A  trustee  who 
uses  or  disposes  of  the  trust  property,  contrary  to  section  1522  of  this 
title,  may,  at  the  option  of  the  beneficiary,  be  required  to  account  for 
all  profits  so  made,  or  to  pay  the  value  of  its  use,  and,  if  he  has  dis- 
posed thereof,  to  replace  it,  with  its  fruits,  or  to  account  for  its  pro- 
ceeds, with  interest. 

Cross-References 

Degree  of  diligence  requisite,  see  section  1562  of  this  title. 
Liability  for  noninvestnient  of  funds,  see  section  1565  of  this  title. 

1531.  Same. — A  trustee  who  uses  or  disposes  of  the  trust  property 
in  any  manner  not  authorized  by  the  trust,  but  in  good  faith,  and 
with  intent  to  serve  the  interests  of  the  beneficiary,  is  liable  only  to 
make  good  whatever  is  lost  to  the  beneficiary  by  his  error. 

1532.  Cotrustees,  how  far  liable  for  each  other. — A  trustee  is 
responsible  for  the  wrongful  acts  of  a  cotrustee  to  which  he  con- 
sented, or  which,  by  his  negligence,  he  enabled  the  latter  to  commit, 
but  for  no  others. 

Cross-Reference 

Compare  with  section  1572  of  this  title. 

ARTICLE  3.— OBLIGATIONS  OF  THIRD  PERSONS 


Sec. 

1541.  Third      persons,      when      involuntary 
trustees. 


Sec. 

1542.   When  third  person  must  see  to  appli- 
cation of  trust  property. 


1541.  Third  persons,  when  involuntary  trustees. — Everyone  to 
whom  property  is  transferred  in  violation  of  a  trust,  holds  the  same 
as  an  involuntary  trustee  under  such  trust,  unless  he  purchased  it 
in  good  faith,  and  for  a  valuable  consideration. 

Cross-Reference 

Involuntary  trustees,  who  are,  see  sections  1503,  1509  and  1510  of  this  title. 

1542.  When  third  person  must  see  to  application  of  trust  prop- 
erty.— One  who  actually  and  in  good  faith  transfers  any  money  or 
other  property  to  a  trustee,  as  such,  is  not  bound  to  see  to  the  applica- 
tion tliereof,  and  his  rights  can  in  no  way  be  prejudiced  by  a  mis- 
application thereof  by  the  trustee.  Other  persons  must,  at  their 
peril,  see  to  the  proper  application  of  money  or  other  property  paid 
or  delivered  by  them. 


210 


THE  CIVIL  CODE  [T.  3,  §  15C1 

CHAPTER  50.— TRUSTS  FOR  BENEFIT  OF  THIRD  PERSONS 


Art.  Sec. 

1.   Nature  and  creation  of  the  trust-  1551 

'J..  Oblijiations  of  tnist(H?s 1561 

'^.  Towers  of  trustees 1571 

4.  Uishts  of  trustees 1581 


Art. 

5.  Termination  of  tlie  trust 

(i.    Succession  or  appointment  of  new 
trustees 


Sec. 
15!)1 

100 1 


ARTICLE  1.— NATURE  AND  CREATION  OF  THE  TllUST 


Sec. 

1551.  Wlio    are    trustees    within    scope    of 

this  cliapter. 

1552.  Creation  of  trust. 


Sec. 

]55;5.  Trustees  appointed  by  court. 

15.54.  Declaration   of  trust. 

1555.  Same. 


Section  1551.  Who  are  trustees  within  scope  of  this  chapter. — 

The  provisions  of  this  chapter  apply  only  to  express  trusts,  created 
for  the  benefit  of  another  than  the  trustor,  and  in  which  the  title 
to  the  trust  property  is  vested  in  the  trustee ;  not  including,  however, 
those  of  executors,  administrators,  and  guardians,  as  such. 

1552.  Creation  of  trust. — The  mutual  consent  of  a  trustor  and 
trustee  creates  a  trust  of  which  the  beneficiary  may  take  advantage 
at  any  time  prior  to  its  rescission. 

CR08S-REIFE3iENCES 

Promise  for  bouodt  of  third  person,  see  section  814  of  this  title. 

Revoljiug  trust,  beneficiary's  consent  necessary,  see  section  1592  of  this  title. 

1553.  Trustees  appointed  by  court. — When  a  trustee  is  appointed 
by  a  court  or  public  officer,  as  such,  such  court  or  officer  is  the  trustor, 
within  the  meaning  of  the  next  preceding  section. 

1554.  Declaration  of  trust. — The  nature,  extent,  and  object  of  a 
trust  are  expressed  in  the  declaration  of  trust. 

1555.  Same. — All  declarations  of  a  trustor  to  his  trustees,  in  rela- 
tion to  the  trust,  before  its  acceptance  by  the  trustees,  or  any  of  them, 
are  to  be  deemed  part  of  the  declaration  of  the  trust,  except  that 
when  a  declaration  of  trust  is  made  in  writing,  all  previous  declara- 
tions by  the  same  trustor  are  merged  therein. 

ARTICLE  2.— OBLIGATIONS  OF  TRUSTEES 


Sec. 

1561.  Trustees    must    obey    declaration    of 

trust. 

1562.  Degree  of  care  and  diligence  in  exe- 

cution of  trust. 

1563.  Duty   of    trustee   as   to   appointment 

of  successor. 


Sec. 

1564. 

1565. 

1566. 


Investment   of  money  by   trustee. 
Interest,     simple    or     compound,     on 

omission  to  invest  trust  moneys. 
Purchase  by  trustee  of  claims  against 

trust  fund. 


1561.  Trustees  must  obey  declaration  of  trust. — A  trustee  must 
fulfill  the  purpose  of  the  trust,  as  declared  at  its  creation,  and  must 
follow  all  the  directions  of  the  trustor  given  at  that  time,  except  as 
modified  by  the  consent  of  all  parties  interested,  in  the  same  manner, 
and  to  the  same  extent,  as  an  employee. 

Ckoss-Rb2ferenoes 

Authority  of  trustee,  generally,  see  section  1571  of  this  title. 
Trustee  not  to  profit  or  lose,  see  title  4,  section  1563. 


211 


T.  3,  §  1562] 


TEB  CIVIL  CODE 


1562.  Degree  of  care  and  diligence  in  execution  of  trust. — A 

trustee,  whether  he  receives  any  compensation  or  not,  must  use  at 
least  ordinary  care  and  diligence  in  the  execution  of  his  trust. 

Cross-Refekence 
Obligations  of  trustees,  see,  generally,  sections  1521  et  seq.,  of  this  title. 

1563.  Duty  of  trustee  as  to  appointment  of  successor. — If  a 

trustee  procures  or  assents  to  his  discharge  from  his  office,  before  his 
trust  is  fully  executed,  he  must  use  at  least  ordinary  care  and 
diligence  to  secure  the  appointment  of  a  trustworthy  successor  before 
accepting  his  own  final  discharge. 

CROSS-liBFEnENCE 

Succession  or  appointment  of  new  trustees,  see  sections  1601  et  seq.,  of 
this  title. 

1564.  Investment  of  money  by  trustee. — A  trustee  must  invest 
money  received  by  him  under  the  trust,  as  fast  as  he  collects  a 
sufficient  amount,  in  such  manner  as  to  afford  reasonable  security 
and  interest  for  the  same. 

Cross -Rei-'erence 
Liability  for  interest  or  failure  to  invest  funds,  see  sertion  1505  of  this  title. 

1565.  Interest,  simple  or  compound,  on  omission  to  invest  trust 
moneys. — If  a  trustee  omits  to  invest  the  trust  moneys  according  to 
the  next  preceding  section,  he  must  pay  simple  interest  thereon,  if 
such  omission  is  negligent  merely,  and  compound  interest  if  it  is 
willful. 

Cross-Reference 

Trustee's  liability  for  interest,  compare  with  section  1530  of  this  title. 

1566.  Purchase  by  trustee  of  claims  against  trust  fund. — A 

trustee  cannot  enforce  any  claim  against  the  trust  property  which  he 
purchases  after  or  in  contemplation  of  his  appointment  as  trustee; 
but  he  may  be  allowed,  by  any  competent  court,  to  charge  to  the 
tru.st  property  what  he  has  in  good  faith  paid  for  the  claim,  upon 
discharging  the  same. 

Cross-Re!ference 

Purchasing  debts  against  the  trust  estate  prohibited,  see  section  1523  of  this 
title. 

ARTICLE  3.— POWERS  OF  TRUSTEES 


Sec. 

1571.  Trustee's   powers    as   agent. 

1572.  All  must  act. 


Sec. 

1573.   Discrelioiuiry  powers. 


1571.  Trustee's  powers  as  agent. — A  trustee  is  a  general  agent 
for  the  trust  property.  His  authority  is  such  as  is  conferred  upon 
him  by  the  declaration  of  trust  and  by  this  chapter,  and  none  other. 
His  acts,  within  the  scope  of  his  authority,  bind  the  trust  property 
to  the  same  extent  as  the  acts  of  an  agent  bind  his  principal. 

Cross-Reiferences 

Agent's  acts  binding  principal,  see  sections  1651  et  seq.,  of  this  title. 

For  what  purposes  trusts  may  be  created,  see  section  1500  of  this  title. 

Powers  to  two  or  more  trustees,  see  section  1572  of  this  title, 

212 


THE  CIVIL  CODE 


[T.  3,  §  1583 


1572.  All  must  act. — Where  there  are  several  cotrustees,  all  must 
unite  in  any  act  to  bind  the  trust  property,  unless  the  declaration 
of  trust  otherwise  provides. 

Ceoss-Reterences 

Liability  for  acts  of  cotrustee,  see  section  1532  of  this  title. 

Survival  of  trust,  see  section  1602  of  this  title. 

Executors,  when  one  or  majority  may  act,  sec  title  4,  section  1289. 

1573.  Discretionary  powers. — A  discretionary  power  conferred 

upon  a  trustee  is  presumed  not  to  be  left  to  his  arbitrary  discretion, 
but  nia}^  be  controlled  by  the  proper  court  if  not  reasonably  exercised, 
unless  an  absolute  discretion  is  clearly  conferred  by  the  declaration 
of  trust. 

ARTICLE  4.— RIGHTS  OF  TRUSTEES 


Sec. 

1583.  Involuntary  trustee. 


Sec. 

1.'">S1.   Indemnification  of  trustee. 

15S2.  Compensation   of  trustee. 

1581.  iRdemnification  of  trustee. — A  trustee  is  entitled  to  the  re- 
payment, out  of  the  trust  property,  of  all  expenses  actually  and 
properly  incurred  by  him  in  the  performance  of  his  trust.  He  is 
entitled  to  the  repayment  of  even  unlawful  expenditures,  if  they 
were  productive  of  actual  benefit  to  the  estate. 

Cross-Reference 

Reimbursement  on  purchase  of  claims  against  estate,  see  section  1566  of  this 
title. 

1582.  Compensation  of  trustee. — Except  as  provided  in  section 

1672  of  title  4,  when  a  declaration  of  trust  is  silent  upon  the  subject 
of  compensation  the  trustee  is  entitled  to  the  same  compensation  as 
an  executor.  If  it  specifies  the  amount  of  his  compensation,  he  is  en- 
titled to  the  amount  thus  specified  and  no  more.  If  it  directs  that 
he  shall  be  allowed  a  compensation  but  does  not  specify  the  rate  or 
amount,  he  is  entitled  to  such  compensation  as  may  be  reasonable 
under  the  circumstances.  If  there  are  two  or  more  trustees,  the 
compensation  shall  be  apportioned  among  the  trustees  according  to 
the  services  rendered  by  them  respectively. 

Cross-Reference 

Involuntary  trustee  entitled  to  no  compensation  when,  see  section  1583  of 
this  title. 

Compensation  of  executors,  see  title  4,  section  1567. 

1583.  Involuntary  trustee. — An  involuntary  trustee,  who  becomes 
such  through  his  own  fault,  has  none  of  the  rights  mentioned  in  this 
article. 

Cross-Referencb 

Involuntary  trustee,  defined,  see  sections  1503,  1509  and  1510  of  this  title. 


213 


T.  3, §  1591] 


TUB  CIVIL  CODE 


ARTICLE  5.— TEKMINATION  OF  THE  TRUST 


Sec. 

1391.  Trust,    Low  ( xtiDgui.shed. 

1592.  Not  revocable. 

1593.  Trustee!s  office,  how  racatod. 


Sec. 

15S>4.  Trustee,  how  discharged. 

1505.   Removal  l)y  district  court. 


1591.  Trust,  how  extinguished. — A  trust  is  extinguished  by  the 
entire  fulfilhnent  of  its  object,  or  by  such  object  beconiino-  impossible 
or  unlawful. 

1592.  Not  revocable. — A  trust  cannot  be  revoked  by  the  trustor 
after  its  acceptance,  actual  or  presumed,  by  the  trustee  and  bene- 
ficiaries, except  by  the  consent  of  all  the  beneficiaries,  unless  the 
declaration  of  trust  reserves  a  power  of  revocation  to  the  trustor,  and 
in  that  case  the  power  must  be  strictly  pursued. 

1593.  Trustee's  office,  how  vacated. — The  office  of  a  trustee  is 
vacated — 

1.  By  his  death ;  or 

2.  By  his  discharge. 

1594.  Trustee,  how  discharged. — A  trustee  can  be  discharged 
from  his  trust  only  as  follows : 

1.  By  the  extinction  of  the  trust ; 

2.  By  the  completion  of  his  duties  under  the  trust ; 

3.  By  such  means  as  may  be  prescribed  by  the  declaration  of  trust; 

4.  By  the  consent  of  the  beneficiary,  if  he  have  capacity  to  contract; 

5.  By  the  judgment  of  a  competent  tribunal,  in  a  direct  proceeding 
for  that  purpose,  that  he  is  of  unsound  mind ;  or 

6.  By  the  district  court. 

1595.  Removal  by  district  court. — The  district  court  may  remove 
any  trustee  who  has  violated  or  is  unfit  to  execute  the  trust,  or  may 
accept  the  resignation  of  a  trustee. 

CROSS-REnrERENCE 

Removal  for  adverse  interest,  see  section  1526  of  this  title. 

ARTICLE  G.— SUCCESSION  OR  APPOINTMENT  OF  NEW  TRUSTEES 


court     to     appoint     trustee 


Sec.  Soc. 

1601.  Appointment   of   trustee   by   court   to       1003.   District 
till  vacancy.  when. 

3G02.   Survivorship  between  cotrustees. 

1601.  Appointment  of  trustee  by  court  to  fill  vacancy. — The  dis- 
trict court  must  appoint  a  trustee  whenever  there  is  a  vacancy,  and 
the  declaration  of  trust  does  not  provide  a  practical  method  of  ap- 
pointment. In  all  cases  of  appointment  of  any  trustee  or  trustees  by 
any  court,  if  the  cestui  que  trustent,  or  any  one  of  them  are  of  the 
age  of  fourteen  years,  they,  or  the  one  or  more  of  them  of  the  age  of 
fourteen  years,  may  make  nomination,  to  the  court,  and  unless  such 
nominee  or  nominees  are  incompetent,  upon  one  or  more  of  the 
grounds  of  incompetency  specified  in  Title  4,  The  Code  of  Civil 
Procedure,  to  discharge  the  duties  of  trustee,  the  court  must  appoint 
such  nominee,  or  nominees,  as  trustee,  or  trustees,  as  the  case  may  be. 


214 


THE  CIVIL  CODE 


[T.  3,  §  1616 


1602.  Survivorship  between  cotrustees. — On  the  death,  renuncia- 
tion, or  discharge  of  one  of  several  cotrustees  the  trust  survives  to 
the  others. 

1603.  District  court  to  appoint  trustee  when. — When  a  trust 
exists  without  any  appointed  trustee,  or  where  all  the  trustees  re- 
nounce, die,  or  are  discharged,  the  district  court  must  appoint  another 
trustee  and  direct  the  execution  of  the  trust.  The  court  may,  in  its 
discretion,  appoint  the  original  number,  or  any  less  number  of 
trustees. 

CHAPTER  51.— AGENCY  IN  GENERAL 


Art.  Sec. 

\.  Definition  of  agency 1611 

2.  Auttiority  of  acents 1621 

3.  Mutual    obligations    of    principals 

and   third  persons 1631 


Art.  Sec. 
4.  Obligations  of  agents  to  third  per- 
sons   1671 

.5.  Delegation   of   agency 1681 

6.  Termination  of  agency 1091 


ARTICLE  1.— DEFINITION  OF  AGENCY 


Sec. 

1014.  Agency,  actual  or  ostensible. 

IfilS.  Actual  agency. 

1616.  Ostensible  agency. 


Sec. 

1611.   Agency,  what. 

1G12.   Who   may   appoint,   and   who  may  be 

an  agent. 
161.3.  Agents,  general  or  special. 

Section  1611.  Agency,  what. — An  agent  is  one  who  represents 
another,  called  the  principal,  in  dealings  with  third  persons.  Such 
representation  is  called  agency. 

Cross-Refekences 

Agents,  see  sections  1361  to  1364  of  this  title. 
Factors,  see  sections  1371  et  seq.,  of  this  title. 

1612.  Who  may  appoint,  and  who  may  be  an  agent. — Any  person 
having  capacity  to  contract  may  appoint  an  agent,  and  any  person 
may  be  an  agent. 

1613.  Agents,  general  or  special. — An  agent  for  a  particular  act 
or  transaction  is  called  a  special  agent.  All  others  are  general 
agents. 

1614.  Agency,  actual  or  ostensible. — An  agency  is  either  actual 
or  ostensible. 

Ceoss-Refekences 

Actual  agent's  authority,  see  sections  1632,  1633,  and   1636  of  this  title. 
Ostensible   agent's  authority,   see   sections  1632,    1634  to   1636,    and   1655   of 
this  title. 

1615.  Actual  agency. — An  agency  is  actual  when  the  agent  is 
really  employed  by  the  principal. 

1616.  Ostensible  agency. — An  agency  is  ostensible  when  the  prin- 
cipal intentionally,  or  by  want  of  ordinary  care,  causes  a  third  person 
to  believe  another  to  be  his  agent  who  is  not  really  employed  by  him. 

Cross-Reference 
Compare  section  1634  of  this  title. 


?J5 


T.  3,  §1621] 


THE  CIVIL  CODE 


ARTICLE  2.— AUTHORITY  OF  AGENTS 


Sec. 

1621.  What  authority  may  be  conferred. 

1622.  Agent  may  perform  acts  required  of 

principal  by  this  title. 

1623.  Agent   cannot   have  authority   to   de- 

fraud principal. 

1624.  Creation   of  agency. 

1625.  Consideration  unnecessary. 

1626.  Form  of  authority. 

1627.  Ratification  of  part  of  a  transaction. 

1628.  Ratiflcation  of  agent's  act. 

1629.  When  ratiflcation  void. 

1630.  Ratiflcation    not    to    work    injury    to 

third  persons. 

1631.  Rescission  of  ratiflcation. 

1632.  Measure   of  agent's  authority. 

1633.  Actual  authority,  what. 


Sec. 

1634.  Ostensible  authority,  what. 

1635.  Agent's  authority  as  to  persons  hav- 

ing notice  of   restrictions   upon  it. 

1636.  Agent's  necessary   authority. 

1637.  Agent's  power  to  disobey  instructions. 

1638.  Authority    to    be    construed    by    its 

specific  rather  than  by. its  general 
terms. 

1639.  Exceptions  to  general  authority. 

1640.  What    included    in    authority    to    sell 

personal  property. 

1641.  Authority  of  general  agent  to  receive 

price  of  property. 

1642.  Authority  of  special  agent  to  receive 

price. 


1621.  What  authority  may  be  conferred. — An  agent  may  be 
authorized  to  do  any  acts  which  his  principal  might  do,  except  those 
to  which  the  latter  is  bound  to  give  his  personal  attention. 

Cross-Reference 
Delegation  of  authority  by  agent,  see  sections  1681  to  1683  of  this  title. 

1622.  Agent  may  perform  acts  required  of  principal  by  this 
title. — Every  act  which,  according  to  this  title,  may  be  done  by  or  to 
any  person,  may  be  done  by  or  to  the  agent  of  such  person  for  that 
purpose,  unless  a  contrary  intention  clearly  appears. 

1623.  Agent  cannot  have  authority  to  defraud  principal. — An 

agent  can  never  have  authority,  either  actual  or  ostensible,  to  do 
an  act  which  is,  and  is  known  or  suspected  by  the  person  with  whom 
he  deals,  to  be  a  fraud  upon  the  principal. 

1624.  Creation  of  agency. — An  agency  may  be  created,  and  an 
authority  may  be  conferred  by  a  precedent  authorization  or  a  subse- 
quent ratification. 

1625.  Consideration  unnecessary. — A  consideration  is  not  neces- 
sary to  make  an  authority,  whether  precedent  or  subsequent,  binding 
upon  the  principal. 

1626.  Form  of  authority. — An  oral  authorization  is  sufficient  for 
any  purpose,  except  that  an  authority  to  enter  into  a  contract  re- 
quired by  law  to  be  in  writing  can  only  be  given  by  an  instrument 
in  writing. 

Ceoss-Refeeences 

Power  of  attorney  to  execute  mortgage,  see  section  2212  of  this  title. 
Statute  of  frauds,  see  sections  886  and  984  of  this  title. 

1627.  Ratification  of  part  of  a  transaction. — Ratification  of  part 
of  an  indivisible  transaction  is  a  ratification  of  the  whole. 

1628.  Ratification  of  agent's  act. — A  ratification  can  be  made  only 
in  the  manner  that  would  have  been  necessary  to  confer  an  original 
authority  for  the  act  ratified,  or  where  an  oral  authorization  would 
suffice,  by  accepting  or  retaining  the  benefit  of  the  act  with  notice 
thereof. 

Ckoss-Refekenc?es 

Ratification  of  part,  see  section  1627  of  this  title. 

Ratification  is  not  binding,  and  may  be  rescinded,  if  made  without  full 
knowledge  of  the  facts,  see  section  1631  of  this  title. 


216 


THE  CIVIL  CODE  [T.  3,  §  1637 

1629.  When  ratification  void. — A  ratification  is  not  valid  unless, 
at  the  time  of  ratifying  the  act  done,  the  principal  has  power  to 
confer  authority  for  such  an  act. 

1630.  Ratification  not  to  work  injury  to  third  persons.— No  un- 
authorized act  can  be  made  valid,  retroactively,  to  the  prejudice  of 
third  persons,  withcrut  their  consent. 

1631.  Rescission  of  ratification. — A  ratification  may  be  rescinded 
when  made  without  such  consent  as  is  required  in  a  contract,  or  with 
an  imperfect  Iniowledge  of  the  material  facts  of  the  transaction 
ratified,  but  not  otherwise. 

1632.  Measure  of  agent's  authority. — An  agent  has  such  author- 
ity as  the  principal,  actually  or  ostensibly,  confers  upon  him. 

Ceoss-Reiferences 

Actual  agent,  defined,  see  section  1615  of  this  title. 

Extent  of  authority,  see  sections  1635  to  1637  and  1651  of  this  title. 

Ostensible  agency,  see  sections  1634  to  1636,  1651  and  1655  of  this  title. 

1633.  Actual  authority,  what. — Actual  authority  is  such  as  a 
principal  intentionally  confers  upon  the  agent,  or  intentionally,  or  by 
want  of  ordinary  care,  allows  the  agent  to  believe  himself  to  possess. 

1634.  Ostensible  authority,  what. — Ostensible  authority  is  such 
as  a  principal,  intentionally  or  by  want  of  ordinary  care,  causes  or 
allows  a  third  person  to  believe  the  agent  to  possess. 

Cross-Reifeeencbs 

Estoppel  from  a  subsequent  ratification,  see  sections  1624,  1628  and  1629  to 
1631  of  this  title. 

Ostensible  agent,  defined,  see  section  1616  of  this  title. 

1635.  Agent's  authority  as  to  persons  having  notice  of  restric- 
tions upon  it. — Every  agent  has  actually  such  authority  as  is  defined 
by  this  chapter  and  chapter  52  of  this  title,  unless  specially  deprived 
thereof  by  his  principal,  and  has  even  then  such  authority  ostensibly, 
except  as  to  persons  who  have  actual  or  constructive  notice  of  the 
restriction  upon  his  authority. 

Cross-Rbfekbnce 
Extent  of  authority,  see  sections  1632,  1636,  1637  and  1651  of  this  title. 

1636.  Agent's  necessary  authority. — An  agent  has  authority — 

1.  To  do  everything  necessary  or  proper  and  usual,  in  the  ordinary 
course  of  business,  for  effecting  the  purpose  of  his  agency ;  and 

2.  To  make  a  representation  respecting  any  matter  of  fact,  not 
including  the  terms  of  his  authority,  but  upon  which  his  right  to  use 
his  authority  depends,  and  the  truth  of  which  cannot  be  determined 
by  the  use  of  reasonable  diligence  on  the  part  of  the  person  to  whom 
the  representation  is  made. 

ChOS  S-REFE31EN  CB 

Extent  of  authority,  see  sections  1632,  1635,  1637  and  1651  of  this  title. 

1637.  Agent's  power  to  disobey  instructions. — An  agent  has 
power  to  disobey  instructions  in  dealing  with  the  subject  of  the 

93083—34 15  217 


T.  3,  §  1638] 


THE  CIVIL  CODE 


agency,  in  cases  where  it  is  clearly  for  the  interests  of  his  principal 
that  he  should  do  so,  and  there  is  not  time  to  communicate  with  the 
principal. 

CROSS-RETirKENCE 

Extent  of  authority,  see  sections  1632.  1635,  1636  and  1651  of  this  title. 

1638.  Authority  to  be  construed  by  its  specific  rather  than  by 
its  general  terms. — When  an  authority  is  given  partly  in  general 
and  partly  in  specific  terms,  the  general  authority  gives  no  higher 
powers  than  those  specifically  mentioned. 

1639.  Exceptions  to  general  authority. — An  authority  expressed 
in  general  terms,  however  broad,  does  not  authorize  an  agent — 

1.  To  act  in  his  own  name,  unless  it  is  the  usual  course  of  business 
to  do  so ; 

2.  To  define  the  scope  of  his  agency ;  or 

3.  To  do  anv  act  which  a  trustee  is  forbidden  to  do  bj''  sections 
1521  to  1532  of  this  title. 

Ckoss-References 

Defining  scope  of  agency,  see  section  1636  of  this  title. 
Obligation  of  trustees,  see  sections  1521  to  1532  of  this  title. 

1640.  What  included  in  authority  to  sell  personal  property. — An 

authority  to  sell  personal  property  includes  authority  to  warrant  the 
title  of  the  principal  and  the  quality  and  quantity  of  the  property. 

1641.  Authority  of  general  agent  to  receive  price  of  property. — 

A  general  agent  to  sell,  who  is  intrusted  by  the  principal  with  the 
possession  of  the  thing  sold,  has  authority  to  receive  the  price. 

Cross-Reference 
Agent  to  collect,  see  section  l.'>63  of  this  title. 

1642.  Authority  of  special  agent  to  receive  price. — A  special 

agent  to  sell  has  autliority  to  receive  the  price  on  delivery  of  the 
thing  sold,  but  not  afterwards. 


ARTICLE  3. 


MUTUAL  OBLIGATIONS  OF  PRINCIPALS  AND  THIRD 
PERSONS 


Sec. 
1651 


Sec. 

1656.   When    exclusive    credit    is    given    to 

iiKent. 
1G57.   IJiRlits    of    person     who    deals    with 
;iL:(>nt  without  Ivnowledge  of  agency. 
In.stiuini  lit     intended    to    bind    prin- 
cipal diK^s  l)ind  liim. 
Principal's    responsibility    for   agent's 
negligence,   wrongful   act,   or  omis- 
sion. 
Same. 


1658. 
1 659. 


1660. 


Principal,  how  affected  by  acts  of 
agent  within  the  scope  of  his 
authority. 

1652.  Principal,  when  bound  by  incomplete 

execution  of  authority. 

1653.  Notice  to  agent,  when  notice  to  prin- 

cipal. 

1654.  Obligation    of    principal    when    agent 

exceeds  his  authority. 

1655.  For  acts  done  under  a   merely  osten- 

sible authority. 

1651.  Principal,  how  affected  by  acts  of  agent  within  the  scope 
of  his  authority. — An  agent  represents  his  principal  for  all  purposes 
within  the  scope  of  his  actual  or  ostensible  authority,  and  all  the 
rights  and  liabilities  which  would  accrue  to  the  agent  from  transac- 
tions within  such  limit,  if  they  had  been  entered  into  on  his  own 
account,  accrue  to  the  principal. 

Cross-Referenoe 
Extent  of  agent's  authority,  see  sections  1632,  and  1635  tp  1637  of  tl^is  title. 

»8 


THE  CIVIL  CODE  [T.  3,  §  16G(J 

1652.  Principal,  when  bound  by  incomplete  execution  of  author- 
ity.— A  principal  is  bound  by  an  incomplete  execution  of  an  authority 
when  it  is  consistent  with  the  whole  purpose  and  scoi)e  thereof,  but 
not  otherwise. 

1653.  Notice  to  agent,  when  notice  to  principal. — As  against  a 
principal,  both  principal  and  agent  are  deemed  to  have  notice  of 
whatever  either  has  notice  of,  and  ought,  in  good  faith  and  the 
exercise  of  ordinary  care  and  diligence,  to  communicate  to  the  other. 

1654.  Obligation  of  principal  when  agent  exceeds  his  author- 
ity.— When  an  agent  exceeds  his  authority,  his  principal  is  bound 
by  his  authorized  acts  so  far  only  as  they  can  be  plainly  sepai'ated 
from  those  which  are  unauthorized. 

1655.  For  acts  done  under  a  merely  ostensible  authority. — A 

principal  is  bound  by  acts  of  his  agent,  under  a  merely  ostensible 
authority,  to  those  persons  only  who  have  in  good  faith,  and  without 
want  of  ordinary  care,  incurred  a  liability  or  parted  with  value,  upon 
the  faith  thereof. 

Cross-Reference 

Ostensible  authority,  see  sections  1634  to  1636  of  this  title. 

1656.  When  exclusive  credit  is  given  to  agent. — If  exclusive 
credit  is  given  to  an  agent  by  the  person  dealing  witli  him,  his 
principal  is  exonerated  by  payment  or  other  satisfaction  made  by 
him  to  his  agent  in  good  faith,  before  receiving  notice  of  the 
creditor's  election  to  hold  him  responsible. 

1657.  Rights  of  person  who  deals  with  agent  without  knowledge 
of  agency. — One  who  deals  with  an  agent  without  knowing  or  having 
reason  to  believe  that  the  agent  acts  as  such  in  the  transaction,  may 
set  off  against  any  claim  of  the  principal  arising  out  of  the  same,  all 
claims  which  he  might  have  set  off  against  the  agent  before  notice 
of  the  agency. 

1658.  Instrument  intended  to  bind  principal  does  bind  him. — An 

instrument  within  the  scope  of  his  authority  by  which  an  agent 
intends  to  bind  his  principal,  does  bind  him  if  such  intent  is  plainly 
inferable  from  the  instrument  itself. 

1659.  Principars  responsibility  for  agent's  negligence,  wrong- 
ful act,  or  omission. — Unless  required  by  or  under  the  authority  of 
law  to  employ  that  particular  agent,  a  principal  is  responsible  to 
third  persons  for  the  negligence  of  his  agent  in  the  transaction  of 
the  business  of  the  agency,  including  wrongful  acts  committed  by 
such  agent  in  and  as  a  part  of  the  transaction  of  such  business,  and 
for  his  willful  omission  to  fulfill  the  obligations  of  the  principal. 

1660.  Same. — A  principal  is  responsible  for  no  other  w^rongs  com- 
mitted by  his  agent  than  those  mentioned  in  the  next  preceding  sec- 
tion, unless  he  has  authorized  or  ratified  them,  even  though  they  are 
committed  while  the  agent  is  engao-ed  in  his  service. 


219 


T.  3,  §  1671] 


THE  CIVIL  CODE 


ARTICLE  4.— OBLIGATIONS    OF   AGENTS   TO   THIRD   PERSONS 


Sec. 

1671.   Warranty  of  authority. 
1G72.  Agent's    responsibility    to    third    per- 
sons. 


Sec. 

1673.  Obligation     of    agent     to     surrender 
property  to  third  person. 

1674.  This    article    subject    to    chapter    on 
persons. 

1671.  Warranty  of  authority. — One  who  assumes  to  act  as  an 
agent  thereby  warrants,  to  all  who  deal  with  him  in  that  capacity, 
that  he  has  the  authority  which  he  assumes. 

Ceoss-Refekence 

Damages  for  breach  of  warranty  of  authority,  see  section  2657  of  this  title. 

1672.  Agent's  responsibility  to  third  persons. — One  who  assumes 
to  act  as  an  agent  is  responsible  to  third  persons  as  a  principal  for 
his  acts  in  the  course  of  his  agency,  in  any  of  the  following  cases, 
and  in  no  others : 

1.  When,  with  his  consent,  credit  is  given  to  him  personally  in  a 
transaction ; 

2.  When  he  enters  into  a  written  contract  in  the  name  of  his  prin- 
cipal, without  believing,  in  good  faith,  that  he  has  authority  to 
do  so;  or 

3.  When  his  acts  are  wrongful  in  their  nature. 

1673.  Obligation  of  agent  to  surrender  property  to  third  per- 
son.— If  an  agent  receives  anything  for  the  benefit  of  his  principal, 
to  the  possession  of  which  another  person  is  entitled,  he  must,  on 
demand,  surrender  it  to  such  person,  or  so  much  of  it  as  he  has 
under  his  control,  at  the  time  of  demand,  on  bein^  indemnified  for 
any  advance  which  he  has  made  to  his  principal,  m  good  faith,  on 
account  of  the  same ;  and  is  responsible  therefor,  if,  after  notice  from 
the  owner,  he  delivers  it  to  his  principal. 

Ceoss-Reference 

Compare  with  sections  on  deposit,  see  sections  1101,  1104,  and  1105  of  this 
title. 

1674.  This  article  subject  to  chapter  on  persons. — The  provi- 
sions of  this  article  are  subject  to  the  provisions  of  sections  21  to  34 
of  this  title. 

ARTICLE  5.— DELEGATION  OP  AGENCY 


Sec. 

1683.   Subagent,    rightfully    appointed,    rep- 
resents principal. 


Sec. 

1681.  Agent's  delegation  of  his  powers. 

1682.  Agent's   unauthorized   employment  of 

subagent. 

1681.  Agent's  delegation  of  his  powers. — An  agent,  unless  spe- 
cially forbidden  by  his  principal  to  do  so,  can  delegate  his  powers 
to  another  person  in  any  of  the  following  cases,  and  in  no  others — 

1.  When  the  act  to  be  done  is  purely  mechanical ; 

2.  When  it  is  such  as  the  agent  cannot  himself,  and  the  subagent 
can  lawfully  perform ; 

3.  When  it  is  the  usage  of  the  place  to  delegate  such  powers ;  or 

4.  When  such  delegation  is  specially  authorized  by  the  principal. 


220 


THE  CIVIL  CODE  [T.  3,  §  llOU 

1682.  Agent's  unauthorized  employment  of  subagent. — If  an 

agent  employs  a  subagent  without  authority,  the  former  is  a  prin- 
cipal and  the  latter  his  agent,  and  the  principal  of  the  former  has  no 
connection  with  the  latter. 

Cross-Referenck 

As  to  liability  of  agent  of  an  agent  to  principal,  see  section  1364  of  this  title. 

1683.  Subagent,  rightfully  appointed,  represents  principal. — A 

subagent,  lawfully  appointed,  represents  the  principal  in  like  man- 
ner with  the  original  agent ;  and  the  original  agent  is  not  responsible 
to  third  persons  for  the  acts  of  the  subagent. 

ARTICLE  6.— TERMINATION  OF  AGENCY 

Sec.  I  Sec. 

1691.  Termination  of  agency.  I   1692.  Same. 

1691.  Termination  of  agency. — An  agency  is  terminated,  as  to 
every  person  having  notice  thereof,  by — 

1.  The  expiration  of  its  term; 

2.  The  extinction  of  its  subject; 

3.  The  death  of  the  agent; 

4.  His  renunciation  of  the  agency ;  or 

5.  The  incapacity  of  the  agent  to  act  as  such. 

1692.  Same. — Unless  the  power  of  an  agent  is  coupled  with  an 
interest  in  the  subject  of  the  agency,  it  is  terminated,  as  to  every 
person  having  notice  thereof,  by — 

1.  Its  revocation  by  the  principal; 

2.  His  death;  or 

3.  His  incapacity  to  contract. 

CHAPTER  52.— FACTORS 

Sec.  I  Sec. 

1701.  Factor,  what.  1703.  Ostensible   authority. 

1702.  Actual  authority  of  factor.  I 

Section  1701.  Factor,  what. — A  factor  is  an  agent,  as  defined  by 
section  1371  of  this  title. 

1702.  Actual  authority  of  factor. — In  addition  to  the  authority 
of  agents  in  general,  a  factor  has  actual  authority  from  his  principal, 
unless  specially  restricted — 

1.  To  insure  property  consigned  to  him  uninsured; 

2.  To  sell,  on  credit,  anything  intrusted  to  him  for  sale,  except  such 
things  as  it  is  contrary  to  usage  to  sell  on  credit;  but  not  to  pledge, 
mortgage,  or  barter  the  same;  and 

3.  To  delegate  his  authority  to  his  partner  or  servant,  but  not  to 
any  person  in  an  independent  employment. 

Ceoss-Reference 
Sale  on  credit  by  factor,  see  section  1373  of  this  title. 

1703.  Ostensible  authority. — A  factor  has  ostensible  authority  to 
deal  with  the  property  of  his  principal  as  his  own,  in  transactions 
with  persons  not  having  notice  of  the  actual  ownership. 

221 


T.  3, §  1711] 


THE  CIVIL  CODE 


CHAPTER  53.— PARTNERSHIP  IN  GENERAL 


Art.  Sec. 

1.  What  constitutos  a  i>nrln(>r.ship__      1711 

2.  I'aitiiershii)  pioijcrty 1721 


Art.  Sec. 

."1.  Miilu;il   obligation    of  partniMs ITol 

-1.   lUiuiuciaiiou  ot  paitnersliip 1741 


ARTICLE  1.— WHAT  CONSTITUTES  A  PARTNERSHIP 


See. 

J  711.   Partnersbip,  what. 

1712.    Shipowners. 


Sec. 

1713.   Furuiation  of  partiier.sliip. 


Section  1711.  Partnership,  what. — Partnership  is  the  association 

of  two  or  more  persons,  for  the  piirpo.se  of  carrying"  on  business 
together,  and  dividing  its  profits  between  them. 

Cross-References 

Dividing  pvolits  implies  divisiou  of  losses,  see  section  1724  oi  tliis  title. 
General  partnersliip,  what,  see  section  1751  of  tliis  title. 

1712.  Shipowners. — Part  owners  of  a  ship  do  not,  by  simply  using 
it  in  a  joint  enterprise,  become  partners  as  to  the  ship. 

1713.  Formation  of  partnership. — A  partnership  can  be  formed 

only  by  the  consent  of  all  the  parties  thereto,  and  therefore  no  new 
partner  can  be  admitted  into  a  partnership  without  the  consent  of 
eveiy  existing  member  thereof. 

Ceoss-Reference 
Formation  of  special  partnership,  see  sections  1811  et  seq.,  of  this  title. 

ARTICLE  2.— PARTNERSHIP  PROPERTY 


See. 

1721.  Partnership  property,  what. 

1722.  Partner's      interest      in      partnership 

property. 

1723.  Partner's  share  in  profits  and  losses. 

1724.  When  division  of  losses  implied. 


Sec. 

1725.  Partner  may  require  application  of 
partnership  property  to  payment  of 
debts. 

172G.  Wl;at  property  is  partner.ship  prop- 
erty by  presumption. 


1721.  Partnership  property,  what. — The  property  of  a  partner- 
ship consists  of  all  that  is  contributed  to  the  coinmon  stock  at  the 
formation  of  the  partnership,  and  all  that  is  subsequently  acquired 
thereby. 

1722.  Partner's  interest  in  partnership  property. — The  interest 
of  each  member  of  a  partnership  extends  to  every  portion  of  its 
property. 

1723.  Partner's  share  in  profits  and  losses. — In  the  absence  of  any 

agreement  on  the  subject  the  sliiires  of  partners  in  the  profit  or  loss 
of  the  business  are  equal,  and  the  share  of  each  in  the  partnership 
property  is  the  value  of  his  original  contributions,  increased  or  di- 
minished by  his  share  of  profit  or  loss. 

Cboss-Refeeence 

Accounting  between  partners,  see  section  1733  of  this  title. 

1724.  When  division  of  losses  implied. — An  agreement  to  divide 
the  profits  of  a  business  implies  an  agreement  for  a  corresponding 
division  of  its  losses,  unless  it  is  otherwise  expressly  stipulated. 


222 


THE  CIVIL  CODE 


[T.  3,  §  1741 


1725.  Partner  may  require  application  of  partnership  property 
to  payment  of  debts. — Each  member  of  a  partnership  may  require 
its  property  to  be  applied  to  the  discliarge  of  its  debts,  and  has  a  lien 
upon  the  shares  of  the  other  partners  for  this  purpose,  and  for  the 
payment  of  the  general  balance,  if  any,  due  to  him. 

1726.  What  property  is  partnership  property  by  presumption.— 

Property  acquired  with  partnership  funds  is  presumed  to  be  partner- 
ship l^ropert3^ 

ARTICLE  3.— MUTUAL  OBLIGATION  OF  PARTNERS 


Sec. 

1731.  Partners  trustees  for  each  other. 

1732.  Good    faith    to    be   observed    between 

them. 


Sec. 

1733.  Mutual      liability      of      partners      to 

account. 

1734.  No  compensation  for  services  to  firm. 


1731.  Partners  trustees  for  each  other. — The  relations  of  part- 
ners are  confidential.  They  are  trustees  for  each  other  within  the 
meaning  of  chapter  49  of  this  title,  and  their  obligations  as  such 
trustees  are  defined  by  that  chapter. 

Cross-Reference 
For  chapter  49,  see  sections  1501  et  seq.,  of  this  title. 

1732.  Good  faith  to  be  obsei-ved  between  them. — In  all  proceed- 
ings connected  with  the  formation,  conduct,  dissolution,  and  liquida- 
tion of  a  partnership,  every  partner  is  bound  to  act  in  the  highest 
good  faith  toward  his  copartners.  He  may  not  obtain  any  advantage 
over  them  in  the  partnership  affairs  by  the  slightest  misrepresenta- 
tion, concealment,  threat,  or  adverse  pressure  of  any  kind. 

Cross-Ret'erences 

In  what  business  partner  may  not  engage,  see  section  1772  of  this  title. 
Mutual  obligations  of  partners,  see  sections  1771  et  seq.,  of  this  title. 
Partner's  act  in  bad  faith,  effect  of,  see  section  1764  of  this  title. 
Fraud  in  affairs  of  partnership,  see  title  5,  section  704. 

1733.  Mutual  liability  of  partners  to  account. — Each  member  of  a 
partnership  must  account  to  it  for  everything  that  he  receives  on 
account  thereof,  and  is  entitled  to  reimbursement  therefrom  for 
everything  that  he  properly  expends  for  the  benefit  thereof,  and  to 
be  indemnified  thereby  for  all  losses  and  risks  which  he  necessarily 
incurs  on  its  behalf. 

Cross-Reference 

Partner's  acts  bind  firm,  see  section  1762  of  this  title. 

1734.  No  compensation  for  services  to  firm. — A  partner  is  not 
entitled  to  any  compensation  for  services  rendered  by  him  to  the 
partnership,  except  by  special  agreement. 

ARTICLE   4.— RENUNCIATION   OF   PARTNERSHIP 


Sec. 

1741.  Renunciation   of  future   profits   exon- 
erates from  liability. 


Sec. 

1742.  Effect  of  renunciation. 


1741.  Renunciation  of  future  profits  exonerates  from  liability. — 

A  partner  may  exonerate  himself  from  all  future  liability  to  a  third 
person,  on  account  of  the  partnership,  by  renouncing,  in  good  faith, 


223 


T.  3,  §  1742]  THE  CIVIL  CODE 

all  participation  in  its  future  profits,  and  giving  notice  to  such  third 
person,  and  to  his  own  copartners,  that  he  has  made  such  renuncia- 
tion, and  that,  so  far  as  may  be  in  his  power,  he  dissolves  the 
partnership  and  does  not  intend  to  be  liable  on  account  thereof  for 
the  future. 

Ckoss-Re:ference 

Dissolution  of  partnership,  see  sections  1791  et  seq.,  of  tliis  title. 

1742.  Eflfect  of  renunciation. — After  a  partner  has  given  notice 
of  his  renunciation  of  the  partnership,  he  can  not  claim  any  of  its 
subsequent  profits,  and  his  copartners  may  proceed  to  dissolve  the 
partnership. 

Cboss-Re^-eeences 

Dissolution  of  partnership,  see  section  1791  of  this  title. 
Liquidation  of  partnership,  see  sections  1801  et  seq.,  of  this  title. 

CHAPTER  54.— GENERAL  PARTNERSHIP 

Art.  Sec.  |  Art.  Sec. 

1.  What  is  a  general  partnership 1751   j    4.   Liability    of   partners 17S1 

2.  Powers  and  authority  of  partners.  1761       5.  Termination  of  partnership 1791 

3.  Mutual  obligations  of  partners 1771   I    6.  Liquidation 1801 

ARTICLE  1.— WHAT  IS  A  GENERAL  PARTNERSHIP 

Section  1751.  General  partnership,  what. — Every  partnership 
that  is  not  formed  in  accordance  with  the  law  concerning  special 
partnerships,  and  every  special  partnership,  so  far  only  as  the 
general  partners  are  concerned,  is  a  general  partnership. 

Ckoss-Refekences 

Partnership,  what,  see  section  1711  of  this  title. 
Special  partnerships,  see  section  iSll  to  1844  of  this  title. 
Special  partnership  becomes  general  partnership  when,  see  section  1843  of 
this  title. 

ARTICLE  2.— POWERS  AND  AUTHORITY  OF  PARTNERS 


1761.  Power  of  majority  of  partners. 

1762.  Authority  of  individual  partners. 


Sec. 

1763.  What  authority  partner  has  not. 

1764.  Partner's    acts    in    bad    faith,    when 

ineffectual. 


1761.  Power  of  majority  of  partners. — Unless  otherwise  expressly 
stipulated,  the  decision  of  the  majority  of  the  members  of  a  general 
partnership  binds  it  in  the  conduct  of  its  business. 

Cboss-Restebence 

Powers,  rights,  and  duties  of  special  partners,  see  sections  1821  et  seq.,  of  this 
title. 

1762.  Authority  of  individual  partner. — Every  general  partner 
is  agent  for  the  partnership  in  the  transaction  of  its  business,  and  has 
authority  to  do  whatever  is  necessary  to  cari'y  on  such  business  in 
the  ordinary  manner,  and  for  this  purpose  may  bind  his  copartners 
by  an  agreement  in  writing. 

Cross-References 

Common  liability  for  losses,  see  section  1733  of  this  title. 

Liability  of  partners  for  each  other's  acts,  see  section  1782  of  this  title. 

Declarations  of  partners,  admissibility  of,  see  title  4,  section  1888. 

224 


THE  CIVIL  CODE  [T.  3,  §  1774 

1763.  What  authority  partner  has  not. — A  partner,  as  such,  has 
not  authority  to  do  any  of  the  following  acts  unless  his  copartners 
have  wholly  abandoned  the  business  to  him  or  are  incapable  of 
acting : 

1.  To  make  an  assignment  of  the  partnership  property  or  any  por- 
tion thereof  to  a  creditor,  or  to  a  third  person  in  trust  for  the  benefit 
of  a  creditor,  or  of  all  creditors; 

2.  To  dispose  of  the  good  will  of  the  business ; 

3.  To  dispose  of  the  whole  of  the  partnership  property  at  once, 
unless  it  consists  entirely  of  merchandise; 

4.  To  do  any  act  which  would  make  it  impossible  to  carry  on  the 
ordinary  business  of  the  partnership ; 

5.  To  confess  a  judgment; 

6.  To  submit  a  partnership  claim  to  arbitration ;  or 

7.  To  do  any  other  act  not  within  the  scope  of  section  1762  of  this 
title. 

1764.  Partner's  acts  in  bad  faith,  when  ineffectual. — A  partner 

is  not  bound  by  any  act  of  a  copartner,  in  bad  faith  toward  him, 
though  within  the  scope  of  the  partner's  powers,  except  in  favor  of 
persons  who  have  in  good  faith  parted  with  value  in  reliance  upon 
such  act. 

Ckoss-Refekences 

Good  faith,  duty  to  observe,  see  section  1732  of  this  title. 

Liability  of  partners  for  each  other's  acts,  see  section  17S2  of  this  title. 

Partners  are  trustees  for  each  other,  see  section  1731  of  this  title. 

ARTICLE  3.— MUTUAL  OBLIGATIONS  OF  PARTNERS 

Sec.  I  Sec. 

1771.  Profits  of  individual  partner.  ■  1773.  In  what  he  may  engage. 

177-'.  In    what    business    partner   may  not  1774.  Must  account  to  Arm  for  profits, 

engage.  I 

1771.  Profits  of  individual  partner. — All  profits  made  by  a  gen- 
eral partner,  in  the  course  of  any  business  usually  carried  on  by  the 
partnership,  belong  to  the  firm. 

Cros  s-Refeeencb 
Mutual  obligations  of  partners,  see  sections  1731  et  seq.,  of  this  title. 

1772.  In  what  business  partner  may  not  engage. — A  general 
partner  who  agrees  to  give  his  personal  attention  to  the  business  of 
the  partnership  may  not  engage  in  any  business  which  gives  him  an 
interest  adverse  to  that  of  the  partnership  or  which  prevents  him 
from  giving  to  such  business  all  the  attention  wliich  would  be 
advantageous  to  it. 

Ceos  s-Refekence 

Accounting  by  partner,  see  section  1774  of  this  title. 

1773.  In  what  he  may  engage. — A  partner  may  engage  in  any 
separate  business  except  as  otherwise  provided  by  sections  1771  and 
1772  of  this  title. 

1774.  Must  account  to  firm  for  profits. — A  general  partner  trans- 
acting business  contrary  to  the  provisions  of  this  article  may  be 

225 


T.  3,  §1781] 


THE  CIVIL  CODE 


required  by  any  copartner  to  account  to  the  partnership   for  the 
profits  of  such  business. 

ARTICLE  4.— LIABILITY   OF  PARTNERS 


Sec. 

1781.  Liability  of  partners  to  third  persons. 

1782.  Liability    for    each    other's    acts    as 

agents. 


Sec. 

1783.  Liability  of  one  held  out  as  partner. 

1784.  No  one  liable  as  partner  unless  held 

out  as  such. 


1781.  Liability  of  partners  to  third  persons. — Every  general 
partner  is  liable  to  third  persons  for  all  the  obligations  of  the  part- 
nership, jointly  with  his  copartners. 

Ckoss-Refeeences 

As  to  joint  and  several  obligations  generally,  see  sections  681  et  seq.,  of  this 
title. 

Effect  of  release  of  one  of  several  joint  debtors,  see  section  793  of  this  title. 

Liability  of  general  partners  in  special  partnership,  see  section  1831  of  this 
title. 

Liability  of  special  partners,  see  section  1832  of  this  title. 

Proceedings  against  joint  debtors  generally,  see  title  4,  sections  901  et  seq. 

Special  partner  liable  as  general  partner  when,  see  section  1833  of  this  title. 

1782.  Liability  for  each  other's  acts  as  agents. — The  liability  of 

general  partners  for  each  other's  acts  is  defined  by  chapter  51  of  this 
title  on  agency. 

Ckoss-References 

Acts  a  partner  is  not  authorized  to  do,  see  section  1763  of  this  title. 

Authority  of  individual  partner,  see  section  1762  of  this  title. 

Effect  of  acts  of  partner  done  in  bad  faith,  see  section  1764  of  this  title. 

Agency,  see  sections  1611  to  1692  of  this  title. 

Declarations  of  partners,  admissibility  of,  see  title  4,  section  1888. 

1783.  Liability  of  one  held  out  as  partner. — Anyone  permitting 

himself  to  be  represented  as  a  partner,  general  or  special,  is  liable, 
as  such,  to  third  persons  to  whom  such  representation  is  communi- 
cated, and  who,  on  the  faith  thereof,  give  credit  to  the  partnership. 

1784.  No  one  liable  as  partner  unless  held  out  as  such. — No  one 

is  liable  as  a  partner  who  is  not  such  in  fact,  except  as  provided  in 
the  next  preceding  section. 

ARTICLE  5.— TERMINATION  OF  PARTNERSHIP 


Sec. 

1791.  liur.ition  of  partnership. 

1792.  Total  dissolution  of  partnership. 

1793.  Partial  dissolution. 


Sec. 

1794.  Partner  entitled  to  dissolution. 

1795.  Notice  of  termination. 

1796.  Notice  by  change  of  name. 


1791.  Duration  of  partnership. — If  no  term  is  prescribed  by 
agreement  for  its  duration,  a  general  partnership  continues  until 
dissolved  by  a  partner  or  by  operation  of  law. 

Cross-references 

Dissolution  of  special  partnership,  see  section  1843  of  this  title. 
Liquidation  of  partnership,  .see  sections  18U1  et  seq.,  of  this  title. 
Renunciation  of  partnership  by  partner,  see  sections  1741  and  1742  of  this 
title. 

1792.  Total  dissolution  of  partnership. — A  general  partnership  is 
dissolved  as  to  all  the  partners — 

226 


THE  CIVIL  CODE  [T.  3,  §  17U(i 

1.  By  lapse  of  the  time  prescribed  by  agreement  for  its  duration ; 

2.  By  the  expressed  will  of  any  partner,  if  there  is  no  such  agree- 
ment; 

3.  By  the  death  of  a  partner; 

4.  By  the  transfer  to  a  person,  not  a  partner,  of  the  interest  of 
any  partner  in  the  partnership  property; 

5.  By  war,  or  the  prohibition  of  commercial  intercourse  between 
the  country  in  which  one  partner  resides  and  that  in  which  another 
resides;  or 

6.  By  a  judgment  of  dissolution. 

Cross-Reifekences 

Partner's  power  aftor  dissolution  of  firm,  see  sections  1801  et  seq.,  of  this  title. 
Renunciation  of  partnership  by  partner,  see  sections  1741  and  1742  of  this 
title. 

Special  partnership,  dissolution  of,  see  section  1843  of  this  title. 
Rights  and  duties  of  survivor,  see  title  4,  section  1525. 

1793.  Partial  dissolution. — A  general  partnership  may  be  dis- 
solved, as  to  himself  only,  by  the  expressed  will  of  any  partner,  not- 
withstanding his  agreement  for  its  continuance,  subject,  however,  to 
liability  to  his  copartners  for  any  damage  caused  to  them  thereby, 
unless  the  circumstances  are  such  as  entitle  him  to  a  judgment  of 
dissolution. 

1794.  Partner  entitled  to  dissolution. — A  general  partner  is  en- 
titled to  a  judgment  of  dissolution — 

1.  When  he,  or  another  partner,  becomes  legally  incapable  of 
contracting ; 

2.  When  another  partner  fails  to  perform  his  duties  under  the 
agreement  of  partnership,  or  is  guilty  of  serious  misconduct;  or 

3.  When  the  business  of  the  partnership  can  be  carried  on  only  at 
a  permanent  loss. 

Ceo  ss-Refeeej^  CE 

Dissolution  on  renunciation  of  partnership  by  copartner,  see  section  1742  of 
this  title. 

1795.  Notice  of  termination. — The  liability  of  a  general  partner 
for  the  acts  of  his  copartners  continues,  even  after  a  dissolution  of 
the  copartnership,  in  favor  of  persons  who  have  had  dealings  with 
and  given  credit  to  the  partnership  during  its  existence,  until  they 
have  had  personal  notice  of  the  dissolution;  and  in  favor  of  other 
persons  until  such  dissolution  has  been  advertised  in  a  newspaper 
printed  in  English  and  of  general  circulation  in  the  Canal  Zone,  to 
the  extent  in  either  case  to  which  such  persons  part  with  value  in 
good  faith,  and  in  the  belief  that  such  partner  is  still  a  member  of 
the  firm. 

Ceoss-Refebence 

Compare  section  1843  of  this  title. 

1796.  Notice  by  change  of  name. — A  change  of  the  partnership 
name,  which  plainly  indicates  the  withdrawal  of  a  partner,  is  suffi- 
cient notice  of  the  fact  of  such  withdrawal  to  all  persons  to  whom 

227 


T.  3,  §  1801] 


THE  CIVIL  CODE 


it  is  communicated ;  but  a  change  in  the  name,  which  does  not  contain 
such  an  indication,  is  not  notice  of  the  withdrawal  of  any  partner. 


ARTICLE  6.— LIQUIDATION 


Sec. 


Sec. 

1804.  Powers  of  partners  in  liquidation. 

1805.  What  partner  may  do  in  liquidation. 


oec. 

1801.  Powers  of  partners  after  dissolution. 

1802.  Who  may  act  in  liquidation. 

1803.  Who  may  not  act  in  liquidation. 

1801.  Powers  of  partners  after  dissolution. — After  the  dissolu- 
tion of  a  partnership,  the  powers  and  authority  of  the  partners  are 
such  only  as  are  prescribed  by  this  article. 

Ckoss-Refekences 

Dissolution  of  partnership,  see  sections  1791  et  seq.,  of  this  title. 
Rights  and  duties  of  surviving  partner,  see  title  4,  section  1525. 
Interests  of  estate  in  partnership,  see  title  4,  section  1505. 

1802.  Who  may  act  in  liquidation. — Any  member  of  a  general 
partnership  may  act  in  liquidation  of  its  affairs,  except  as  provided 
by  the  section  next  following. 

1803.  Who  may  not  act  in  liquidation. — If  the  liquidation  of  a 
partnership  is  committed,  by  consent  of  all  the  partners,  to  one  or 
more  of  them,  the  others  have  no  right  to  act  therein ;  but  their  acts 
are  valid  in  favor  of  persons  parting  with  value,  in  good  faith, 
upon  credit  thereof. 

1804.  Powers  of  partners  in  liquidation. — A  partner  authorized 
to  act  in  liquidation  may  collect,  compromise,  or  release  any  debts 
due  to  the  partnership,  pay  or  compromise  any  claims  against  it,  and 
dispose  of  the  partnership  property. 

Ckoss-Res'ekence 
Powers  and  duties  of  surviving  partner  in  liquidation,  see  title  4,  section  1525. 

1805.  What  partner  may  do  in  liquidation. — A  partner  authorized 
to  act  in  liquidation  may  indorse,  in  the  name  of  the  firm,  promis- 
sory notes  or  other  obligations  held  by  the  partnership  for  the 
purpose  of  collecting  the  same,  but  he  cannot  create  any  new  obliga- 
tion in  its  name  or  revive  a  debt  against  the  firm,  by  an  acknowledg- 
ment, when  an  action  thereon  is  barred  under  the  provisions  of  Title 
4,  The  Code  of  Civil  Procedure. 

CHAPTER  55.— SPECIAL  PARTNERSHIP 


Art.  Sec. 

1.  Formation 1811 

2.  Powers,  rights,  and  duties  of  part- 

ners    1821 


Art.  Sec. 

3.  Liability  of  partners 1831 

4.  Alteration  and  dissolution 1841 


ARTICLE  1.— FORMATION 


Sec. 

1811.  Formation  of  special  partnership. 

1812.  Of  what  to  consist. 

1813.  Certified  statement. 

1814.  Acknowledged     and     recorded ;    false 

statement. 


Sec. 

1815.  Aflldavit  as  to  sums  contributed. 

1816.  No   partnership   until   compliance. 

1817.  Renewal  of  special  partnership. 


Section  1811.  Formation  of  special  partnership. — A  special  part- 
nership may  be  formed  by  two  or  more  persons,  in  the  manner  and 


228 


THE  CIVIL  CODE  [T.  3,  §  1821 

with  the  effect  prescribed  in  this  chapter,  for  the  transaction  of  any 
business  except  banking  or  insurance  by  an  insurer. 

Ceoss-Reiferencb 
No  partnership  until  compliance  with  law,  see  section  1816  of  this  title, 

1812.  Of  what  to  consist. — A  special  partnership  may  consist  of 
one  or  more  persons  called  general  partners,  and  one  or  more  pers(ms 
called  special  partners. 

1813.  Certified  statement. — Persons  desirous  of  forming  a  special 
partnership  must  severally  sign  a  certificate,  stating : 

1.  The  name  under  which  the  partnership  is  to  be  conducted ; 

2.  The  general  nature  of  the  business  intended  to  be  transacted ; 

3.  The  names  of  all  the  partners,  and  their  residences,  specifying 
which  are  general  and  which  are  special  partners ; 

4.  The  amount  of  capital  which  each  special  partner  has  con- 
tributed to  the  common  stock; 

5.  The  periods  at  which  such  partnership  will  begin  and  end. 

1814.  Acknowledged  and  recorded;  false  statement. — Certificates 
under  the  next  preceding  section  must  be  acknowledged  by  all  the 
partners,  before  the  clerk  of  the  district  court  and  filed  in  his  oiRce, 
and  shall  be  open  to  public  inspection.  If  any  false  statement  is 
made  in  any  such  certificate,  all  the  persons  interested  in  the  partner- 
ship are  liable,  as  general  partners,  for  all  the  engagements  thereof. 

Cross-references 

Liability  for  false  statements,  see  section  1832  of  this  title. 
Liability  for  unintentional  acts,  see  section  1833  of  this  title. 

1815.  Affidavit  as  to  sums  contributed. — An  affidavit  of  each  of 
the  partners,  stating  that  the  sums  specified  in  the  certificate  of  the 
partnership  as  having  been  contributed  by  each  of  the  special 
partners,  have  been  actually  and  in  good  faith  paid,  in  the  lawful 
money  of  the  United  States,  must  be  filed  in  the  same  office  with 
the  original  certificate. 

1816.  No  partnership  until  compliance. — No  special  partnership 
is  formed  until  the  provisions  of  sections  1811  to  1815  of  this  title  are 
complied  with. 

1817.  Renewal  of  special  partnership. — Every  renewal  or  contin- 
uance of  a  special  partnership  must  be  certified,  filed,  and  verified  in 
the  same  manner  as  upon  its  original  formation. 

Cross-Refebencje 
Compare  with  section  1841  of  this  title. 

ARTICLE  2.— POWERS,  RIGHTS,  AND  DUTIES  OF  PARTNERS 


Sec. 

1821.  Who  to  do  business. 

1822.  Special  partners  may  advise. 

1823.  May  loan  money ;  insolvency. 

1824.  General    partners    may    sue    and    be 

sued. 


Sec. 

1825.  Withdrawal  of  capital. 

1826.  Interest  and  profits. 

1827.  Result  of  withdrawing  capital. 

1828.  Preferential  transfer  void. 


1821.  Who   to   do   business. — The   general   partners   only   have 
authority  to  transact  the  business  of  a  special  partnership. 


229 


T.  3,  §  1822]  THE  CIVIL  CODE 

1822.  Special  partners  may  advise. — A  special  partner  may  at  all 

times  investigate  the  partnership  affairs,  and  advise  his  partners,  or 
their  agents,  as  to  their  management. 

1823.  May  loan  money;  insolvency. — A  special  partner  may  lend 
money  to  the  partnership,  or  advance  money  for  it,  and  take  from  it 
security  therefor,  and  as  to  such  loans  or  advances  has  the  same 
rights  as  any  other  creditor;  but  in  case  of  the  insolvency  of  the 
partnership,  all  other  claims  which  he  may  have  against  it  must  be 
postponed  until  all  other  creditors  are  satisfied. 

1824.  General  partners  may  sue  and  be  sued.— In  all  matters 
relating  to  a  special  partnership,  its  general  partners  may  sue  aud  be 
sued  alone,  in  the  same  manner  as  if  there  were  no  special  partners. 

1825.  Withdrawal  of  capital. — No  special  partner,  under  any  pre- 
tense, may  withdraw  any  part  of  the  capital  invested  by  him  in  the 
partnership,  during  its  continuance. 

Ckoss-Refekencb 
Withdia%val  of  capital,  sec  section  1827  of  this  title. 

1826.  Interest  and  profits. — A  special  partner  may  receive  such 
lawful  interest  and  such  proportion  of  profits  as  may  be  agreed  upon, 
if  not  paid  out  of  the  capital  invested  in  the  partnershi])  by  him,  or 
by  some  other  special  partner,  and  is  not  bound  to  refund  the  same 
to  meet  subsequent  losses. 

1827.  Result  of  withdrawing  capital. — If  a  special  partner  with- 
draws capital  from  the  firm,  contrary  to  the  provisions  of  this  article, 
he  thereby  becomes  a  general  partner. 

Cboss-Reference 
Withdrawal  of  capital,  see  section  1825  of  this  title. 

1828.  Preferential  transfer  void. — Every  transfer  of  the  property 
of  a  special  partnership,  or  of  a  partner  therein,  made  after  or  in 
contemplation  of  the  insolvency  of  such  partnershi]i  or  partner 
with  intent  to  give  a  preference  to  any  creditor  of  such  partnership  or 
pai'tner  over  any  other  creditor  of  such  partnrrshiji,  is  void  against 
the  creditors  thereof;  and  every  judgment  conf<>sse(l,  lien  createil,  or 
security  given,  in  like  manner  and  with  the  like  intent,  is  in  like 
manner  void. 

ARTICLE  3.  LIABILITY  OF  PARTNERS 


S(>c. 

5S31.  Liability  of  partners. 

1.S32.  Of  special   partners. 

1833.  Liability  for  unintentional  act. 


See. 

1834.  Who     may     question     existence     of 
special  partnership. 


1831.  Liability  of  partners. — The  general  partners  in  a  special 
j^artnership  ai-e  lialile  to  Ihi^.  same  extent  as  j>artiiers  in  a  general 
partnersliip. 

Cross-Reference 

Liability  of  general  pailners,  see  section  1781  of  tliis  title. 

230 


THE  CIVIL  CODE 


[T.  3,  §  1841 


1832.  Of  special  partners. — The  contribution  of  a  special  partner 
to  the  capital  of  the  firm,  and  the  increase  thereof,  is  liable  for 
its  debts,  but  he  is  not  otherwise  liable  therefor,  except  as  follows : 

1.  If  he  has  willfully  made  or  permitted  a  false  or  materially  de- 
fective statement  in  the  certificate  of  the  partnership,  the  affidavit 
filed  therewith,  or  the  published  announcement  thereof,  he  is  liable, 
as  a  general  partner,  to  all  creditors  of  the  firm ; 

2.  if  he  has  willfully  interfered  with  the  business  of  the  firm, 
except  as  permitted  in  sections  1821  to  1828  of  this  title,  he  is  liable 
in  like  manner ;  or 

3.  If  he  has  willfully  joined  in  or  assented  to  an  act  contrary  to 

any  of  the  provisions  of  said  sections  1821  to  1828,  he  is  liable  in  like 

manner. 

Cboss-Re^'eirence 

False  certificate,  see  section  1814  of  tliis  title. 

1833.  Liability  for  unintentional  act. — When  a  special  partner 
has  unintentionally  done  any  of  the  acts  mentioned  in  the  next  pre- 
ceding section,  he  is  liable,  as  a  general  partner,  to  any  creditor  of 
the  firm  who  has  been  actually  misled  thereby  to  his  prejudice. 

CrO  SS-ReFEREN  CES 

False  statement  in  certificate,  see  sections  1814  and  1832  of  this  title. 
Liability  of  general  partners,  see  section  1781  of  this  title. 

1834.  Who  may  question  existence  of  special  partnership. — One 

who,  upon  making  a  contract  with  a  partnership,  accepts  from  or 
gives  to  it  a  written  memorandum  of  the  contract,  stating  that  the 
partnership  is  special,  and  giving  the  names  of  the  special  partners, 
cannot  afterwards  charge  the  persons  thus  named  as  general  partners 
upon  that  contract,  by  reason  of  an  error  or  defect  in  the  proceedings 
for  the  creation  of  the  special  partnership,  prior  to  the  acceptance 
of  the  memorandum,  if  an  effort  has  been  made  by  the  partners,  in 
good  faith,  to  form  a  special  partnership  in  the  manner  required  by 
sections  1811  to  1817  of  this  title. 


ARTICLE  4.— ALTERATION  AND  DISSOLUTION 


Sec. 

1841.  When     special     partnership     becomes 

general. 

1842.  How    new    special    partners    may    be 

admitted. 


Sec. 

1843.  Dissolution    of    special    partnership ; 

notice. 

1844.  The    name   of   a   special   partner   not 

used,  unless. 


1841.  When  special  partnership  becomes  general. — A  special 
partnership  becomes  general  if,  within  ten  days  after  any  partner 
withdraws  from  it,  or  any  new  partner  is  received  into  it,  or  a 
change  is  made  in  the  nature  of  its  business  or  in  its  name,  a  cer- 
tificate of  such  fact,  duly  verified  and  signed  by  one  or  more  of  the 
partners,  is  not  filed  with  the  clerk  of  the  district  court. 

Cross-Refeeence 

Partner  withdrawing  capital  becomes  general  partner,  see  section  1827  of 
this  title. 


T.  8,  §  1842] 


THE  CIVIL  CODE 


1842.  How  new  special  partners  may  be  admitted. — New  special 
partners  may  be  admitted  into  a  special  partnership  upon  a  certifi- 
cate, stating  the  names,  residences,  and  contributions  to  the  common 
stock  of  each  of  such  partners,  signed  by  each  of  them,  and  by  the 
general  partners,  verified,  acknowledged,  and  filed  with  the  clerk  of 
the  district  court. 

1843.  Dissolution  of  special  partnership;  notice. — A  special  part- 
nership is  subject  to  dissolution  in  the  same  manner  as  a  general 
partnership,  except  that  no  dissolution,  by  the  act  of  the  partners,  is 
complete  until  a  notice  thereof  has  been  filed  and  recorded  in  the 
office  of  the  clerk  of  the  district  court,  and  published  once  in  each 
week,  for  four  successive  weeks,  in  a  newspaper  of  general  circulation 
in  the  Canal  Zone. 

Cross-Referencb 

Dissolution  of  general  partnership,  see  section  1792  of  this  title. 

1844.  The  name  of  a  special  partner  not  used,  unless. — The  name 
of  a  special  partner  must  not  be  used  in  the  firm  name  of  partnership, 
unless  it  be  accompanied  with  the  word  "  limited." 

CHAPTER  56.— INSURANCE  IN  GENERAL 


Art.  Sec. 

1.  Definition  of  insurance 1851 

2.  What  may  be  insured 1861 

3.  Parties  to  contract 1871 

4.  Insurable   interest 1881 

5.  Concealment  and  representations.  1901 

6.  The  policy 1931 


Art.  Sec. 

7.  Warranties 1951 

8.  Premium 1971 

9.  Loss 1981 

10.  Notice  of  loss 1991 

11.  Double  insurance 2001 

12.  Reinsurance 2011 


Cboss-Refekencb 
Foreign  insurance  companies,  see  sections  221  et  seq.,  of  this  title. 
ARTICLE  1.— DEFINITION   OF   INSURANCE 

Section  1851.  Insurance,  what. — Insurance  is  a  contract  whereby 
one  undertakes  to  indemnify  another  against  loss,  damage,  or  lia- 
bility, arising  from  an  unknown  or  contingent  event. 

Cross-Rbteeencb 

Reinsurnnce,  contract  of,  see  section  2011  of  this  title. 

ARTICLE  2.— WHAT  MAY  BE  INSURED 


Sec. 

1861.  What  events  may  be  insured  against. 

1862.  Insurance  of  lottery  or  lottery  prize 

unauthorized. 


Sec. 

1863.  All  subject  to  this  chapter. 


1861.  What  events  may  be  insured  against. — Any  contingent  or 
unknown  event,  whether  past  or  future,  which  may  damnify  a  person 
having  an  insurable  interest,  or  create  a  liability  against  him,  may 
be  insured  against,  subject  to  the  provisions  of  this  chapter. 

Cross-References 

Insurable  interest,  see  sections  1881  et  seq.,  of  this  title. 

Insurable  interest  in  expectancy  or  inchoate  interest,  see  sections  1882  and 
1884  of  this  title. 


232 


THE  CIVIL  CODE 


[T.  3,  §  1875 


1862.  Insurance  of  lottery  or  lottery  prize  unauthorized. — The 

next  preceding  section  does  not  authorize  an  insurance  for  or  against 
the  drawing  of  any  lottery,  or  for  or  against  any  chance  or  ticket  in 
a  lottery  drawing  a  prize. 

Cboss-References 

Fire  insurance,  see  sections  2021  et  seq.,  of  this  title. 

Life  and  health  insurance,  see  sections  2031  et  seq.,  of  this  title. 

1863.  All  subject  to  this  chapter. — All  kinds  of  insurance,  other 
than  marine  insurance,  are  subject  to  the  provisions  of  this  chapter. 

ARTICLE  3.— PARTIES  TO  CONTRACT 


Sec. 

1871.  Designation  of  parties. 

1872.  Who  may  insure. 

1873.  Who  may  be  insured. 


Sec. 
1874. 

1875. 


Assignment  to  mortgagee  of  policy  on 

thing  Insured. 
New    contract    between    insurer    and 

assignee. 


1871.  Designation  of  parties. — The  person  who  undertakes  to  in- 
demnify another  by  a  contract  of  insurance  is  called  the  insurer,  and 
the  person  indemnified  is  called  the  insured. 

1872.  Who  may  insure. — Anyone  capable  of  making  a  contract 
may  be  an  insurer,  subject  to  the  restrictions  imposed  by  special 
statutes  upon  foreign  corporations,  nonresidents,  and  others. 

Ceoss-Refeeencb 

Regulation  of  foreign  insurance  companies,  see  sections  221  et  seq.,  of  this 
title. 

1873.  Who  may  be  insured. — Anyone  except  a  public  enemy  may 
be  insured. 

1874.  Assignment  to  mortgagee  of  policy  on  thing  insured. — 

Unless  the  policy  otherwise  provides,  where  a  mortgagor  of  property 
effects  insurance  in  his  own  name  providing  that  the  loss  shall  be 
payable  to  the  mortgagee,  or  assigns  a  policy  of  insurance  to  a  mort- 
gagee, the  insurance  is  deemed  to  be  upon  the  interest  of  the  mortga- 
gor, who  does  not  cease  to  be  a  party  to  the  original  contract,  and 
any  act  of  his,  prior  to  the  loss,  which  would  otherwise  avoid  the 
insurance  will  have  the  same  effect,  although  the  property  is  in  the 
hands  of  the  mortgagee,  but  any  act  which,  under  the  contract  of 
insurance,  is  to  be  performed  by  the  mortgagor,  may  be  performed 
by  the  mortgagee  therein  named,  with  the  same  effect  as  if  it  had 
been  performed  by  the  mortgagor. 

1875.  New  contract  between  insurer  and  assignee. — If  an  insurer 
assents  to  the  transfer  of  an  insurance  from  a  mortgagor  to  a  mort- 
gagee, and,  at  the  time  of  his  assent,  imposes  further  obligations  on 
the  assignee,  making  a  new  contract  with  him,  the  acts  of  the 
mortgagor  cannot  affect  his  rights. 


93083—34- 


-16 


T.  3,  §  1881]  TBB  CIVIL  CODE 

ARTICLE  4.— INSURABLE  INTEREST 


Sec. 

1881.  Insurable  Interest,  what. 

1882.  In   what   may   consist. 

1883.  Interest  of  carrier  or  depositary. 

1884.  Mere  expectancies. 

1885.  Measure  of  interest  in  property. 

1886.  Insurance  without  interest,  illegal. 


Sec. 

188S.   Effect  of  transfm-. 

1889.  Transfer  after  loss. 

1890.  Exception  in  the  case  of  several  sub- 

jects in  one  policy. 

1891.  In     the     case    of    transfer     between 
cotenants. 


1887.   When   interest   must   exist.  I    1892.   Policy,  when  void. 

1881.  Insurable  interest,  what.— Every  interest  in  property,  or 
any  relation  thereto,  or  liability  in  respect  thereof,  of  such  a  nature 
that  a  contemplated  peril  might  directly  damnify  the  insured  is  an 
insurable  interest. 

Cross-Refekences 

Assignment  to  one  without  insurable  interest,  see  section  2033  of  this  title. 

Bailees  or  carriers,  see  section  1883  of  this  title. 

Effect  of  transfer  of  interest,  see  section  1888  of  this  title. 

Extent  of  insurable  interest,  see  section  1885  of  this  title. 

Insurable  interest  in  expectancy  or  inchoate  interest,  see  sections  1861,  1882, 
and  1884  of  this  title. 

Insurable  interest  in  life  or  health,  see  section  2032  of  this  title. 

Insurance  without  insurable  interest  is  void,  see  section  1886  of  this  title. 

Partner,  see  section  1935  of  this  title. 

Stating  insurer's  interests  in  policy,  see  sections  1908  and  1932  of  this  title. 

Stipulation  for  payment  irrespective  of  insurable  interest  is  void,  see  section 
1892  of  this  title. 

When  insurable  interest  must  exist,  see  section  1887  of  this  title. 

1882.  In  what  may  consist. — An  insurable  interest  in  property 
may  consist  in : 

1.  An  existing  interest; 

2.  An  inchoate  interest  founded  on  an  existing  interest ;  or 

3.  An  expectancy,  coupled  with  an  existing  interest  in  that  out 
of  which  the  expectancy  arises. 

Cross-References 

Insurable  interest  in  expectancy  or  inchoate  intei-est,  see  sections  1861  and 
1884  of  this  title. 

What  events  may  be  insured  against,  see  section  1S(!1  of  this  title. 

1883.  Interest  of  carrier  or  depositary. — A  carrier  or  depositary 
of  any  kind  has  an  insurable  interest  in  a  thing  held  by  him  as  such, 
to  the  extent  of  its  value. 

1884.  Mere  expectancies. — A  mere  contingent  or  expectant  inter- 
est in  anything,  not  founded  on  an  actual  right  to  the  thing,  nor 
upon  any  valid  contract  for  it,  is  not  insurable. 

Cross-Refeeences 

Insurable  interest  in  expectancy  or  inchoate  interest,  see  section  1882  of 
this  title. 

Unknown  or  contingent  event,  insurance  against,  see  section  18G1  of  this  title. 

1885.  Measure  of  interest  in  property. — The  measure  of  an  in- 
surable interest  in  property  is  the  extent  to  which  the  insured  might 
be  damnified  by  loss  or  injury  thereof. 

Cross-Re:!' erence 
Insurance  without  interest,  see  section  1886  of  this  title. 

234 


THE  CIVIL  CODE  [T.  3,  §  1892 

1886.  Insurance  without  interest,  illegal. — The  sole  object  of  in- 
surance is  the  indcinnitj^  of  the  insured,  and  if  he  has  no  insurable 
interest  the  contract  is  void. 

CitOSS-REFERENCE 

Stipulation  for  payment  irrespective  of  interest  is  void,  see  section  1892  of  this 
title. 

1887.  When  interest  must  exist. — An  interest  insured  must  exist 
when  the  insurance  takes  effect,  and  when  the  loss  occurs,  but  need 
not  exist  in  the  meantime. 

1888.  Effect  of  transfer. — Except  in  the  cases  specified  in  sections 
1889  to  1891  of  this  title,  and  in  the  cases  of  life,  accident,  and  health 
insurance,  a  change  of  interest  in  any  part  of  a  thing  insured,  un- 
accompanied by  a  corresponding  change  of  interest  in  the  insurance, 
suspends  the  insurance  to  an  equivalent  extent,  until  the  interest  in 
the  thing  and  the  interest  in  the  insurance  are  vested  in  the  same 
person. 

Cboss-Rejfekences 

Transfer  by  coowner  or  partner,  see  section  1891  of  this  title. 
Transfer  of  life-insurance  policy,  see  section  2033  of  this  title. 
Transfer  of  thing  insured  does  not  transfer  policy,  see  section  1938  of  this 
title. 

1889.  Transfer  after  loss. — A  change  of  interest  in  a  thing  in- 
sured, after  the  occurrance  of  an  injury  which  results  in  a  loss,  does 
not  affect  the  right  of  the  insured  to  indemnity  for  the  loss. 

1890.  Exception  in  the  case  of  several  subjects  in  one  policy. — 

A  change  of  interest  in  one  or  more  of  several  distinct  things,  sepa- 
rately insured  by  one  policy,  does  not  avoid  the  insurance  as  to  the 
others. 

1891.  In  the  case  of  transfer  between  cotenants. — A  transfer  of 
interest  by  one  of  several  partners,  joint  owners,  or  owners  in  com- 
mon, who  are  jointly  insured,  to  the  others,  does  not  avoid  an  insur- 
ance, even  though  it  has  been  agreed  that  the  insurance  shall  cease 
upon  an  alienation  of  the  tiling  insured. 

( 'bo  s  s-Refekbnce 
Insurance  by  partner  or  cotenant,  see  section  1935  of  this  title. 

1892.  Policy,  when  void. — Every  stipulation  in  a  policy  of  insur- 
ance for  the  payment  of  loss  whether  the  person  insured  has  or  has 
not  any  interest  in  the  property  insured,  or  that  the  policy  shall  be 
received  as  proof  of  such  interest  and  every  policy  executed  by  way 
of  gaming  or  wagering,  is  void. 

Cross-Refeeencb 
Insurance  wilhout  interest  is  illegal,  see  section  188G  of  this  title. 


235 


T.  3,  §  1901] 


THE  CIVIL  CODE 


ARTICLE  5.— CONCEALMENT  AND  REPRESENTATIONS 


Sec. 

1001.  Concealment,  what. 

1902.  Effect  of  concealment. 

1903.  What  must  be  disclosed. 

1904.  Matters    which    need    not    be    com- 

municated without  Inquiry. 

1905.  Test  of  materiality. 

1906.  Matters    which     each    is    bound    to 

know. 

1907.  Waiver  of  communication. 
190S.  Interest  of  insured. 

1909.  Fraudulent  warranty. 

1910.  Matters  of  opinion. 

1911.  Representation,  how  made. 


Sec. 

1912.  When  made. 

1913.  How  interpreted. 

1914.  Representation  as  to  future. 

1915.  How  may  affect  policy. 

1916.  When  may  be  withdrawn. 

1917.  Time  intended  by  representation. 

1918.  Representing  Information. 

1919.  Falsity. 

1920.  Effect  of  falsity. 

1921.  Materiality. 

1922.  Application     of     provisions     of     this 

article. 

1923.  Right  to  rescind. 


1901.  Concealment,  what. — A  neglect  to  communicate  that  which 
a  party  knows,  and  ought  to  communicate,  is  called  a  concealment. 

Cross-Refeeencb 
"  Party  "  refers  to  either  party  to  the  contract,  see  section  1903  of  this  title. 

1902.  Effect  of  concealment. — ^A  concealment,  whether  inten- 
tional or  unintentional,  entitles  the  injured  party  to  rescind  a  con- 
tract of  insurance. 

1903.  What  must  be  disclosed. — Each  party  to  a  contract  of  in- 
surance must  communicate  to  the  other,  in  good  faith,  all  facts  within 
his  knowledge  which  are  or  which  he  believes  to  be  material  to  the 
contract,  and  which  the  other  has  not  the  means  of  ascertaining,  and 
as  to  which  he  makes  no  warranty. 

1904.  Matters  which  need  not  be  communicated  without  in- 
quiry.— Neither  party  to  a  contract  of  insurance  is  bound  to  com- 
municate information  of  the  matters  following,  except  in  answer  to 
the  inquiries  of  the  other : 

1.  Those  which  the  other  knows; 

2.  Those  which,  in  the  exercise  of  ordinary  care,  the  other  ought 
to  know,  and  of  which  the  former  has  no  reason  to  suppose  him 
ignorant ; 

3.  Those  of  which  the  other  waives  communication ; 

4.  Those  which  prove  or  tend  to  prove  the  existence  of  a  risk 
excluded  by  a  warranty,  and  which  are  not  otherwise  material;  and 

5.  Those  which  relate  to  a  risk  excepted  from  the  policy,  and  which 
are  not  otherwise  material. 

Cboss-Refebences 

Facts  covered  by  warranty,  see  section  1909  of  this  title. 

Information  as  to  nature  of  amount  of  interest,  see  section  1908  of  this  title. 

Matters  of  opinion,  see  section  1910  of  this  title. 

Waiver  of  communication,  see  section  1907  of  this  title. 

1905.  Test  of  materiality. — Materiality  is  to  be  determined  not 
by  the  event,  but  solely  by  the  probable  and  reasonable  influence 
of  the  facts  upon  the  party  to  whom  the  communication  is  due,  in 
forming  his  estimate  of  the  disadvantages  of  the  proposed  contract 
or  in  making  his  inquiries. 

Ckoss-Referencb 
Materiality  of  renresentation,  see  section  1921  of  this  title. 


236 


TEE  CIVIL  CODE  [T.  3,  §  1916 

1906.  Matters  which  each  is  bound  to  know. — Each  party  to  a 
contract  of  insurance  is  bound  to  know  all  the  general  causes  which 
are  ojDen  to  his  inquiry,  equally  with  that  of  the  other,  and  which 
may  affect  either  the  political  or  material  perils  contemplated ;  and 
all  general  usages  of  trade. 

1907.  Waiver  of  communication. — The  right  to  information  of 
material  facts  may  be  waived,  either  by  the  terms  of  insurance  or 
by  neglect  to  make  inquiries  as  to  such  facts,  where  they  are  distinctly 
implied  in  other  facts  of  which  information  is  communicated. 

1908.  Interest  of  insured. — Information  of  the  nature  or  amount 
of  the  interest  of  one  insured  need  not  be  communicated  unless  in 
answer  to  an  inquiry,  except  as  prescribed  by  section  1932  of  this 
title. 

1909.  Fraudulent  warranty. — An  intentional  and  fraudulent 
omission,  on  the  part  of  one  insured,  to  communicate  information  of 
matters  proving  or  tending  to  prove  the  falsity  of  a  warranty, 
entitles  the  insurer  to  rescind. 

Ceoss-References 

Effect  of  concealment,  see  section  1902  of  this  title. 
Warranties,  see  sections  1951  et  seq.,  of  this  title. 

1910.  Matters  of  opinion. — Neither  party  to  a  contract  of  insur- 
ance is  bound  to  communicate,  even  upon  inquiry,  information  of 
his  own  judgment  upon  the  matters  in  question. 

1911.  Representation,  how  made. — A  representation  may  be  oral 
or  written. 

1912.  When  made. — A  representation  may  be  made  at  the  same 
time  with  issuing  the  policy,  or  before  it. 

Ckoss-Ret'erence 
Warranties,  see  sections  1951  and  1952  of  this  title. 

1913.  How  interpreted. — The  language  of  a  representation  is  to 
be  interpreted  by  the  same  rules  as  the  language  of  contracts  in 
general. 

Cross-Referencb 

Interpretation  of  contracts,  see  sections  901  et  seq.,  of  this  title. 

1914.  Representation  as  to  future. — A  representation  as  to  the 
future  is  to  be  deemed  a  promise,  unless  it  appears  that  it  was  merely 
a  statement  of  belief  or  expectation. 

1915.  How  may  affect  poKcy. — A  representation  cannot  be 
allowed  to  qualify  an  express  provision  in  a  contract  of  insurance, 
but  it  may  qualify  an  implied  warranty. 

1916.  When    may    be    withdrawn. — A    representation    may    be 
tered 

wards. 


altered  or  withdrawn  before  the  insurance  is  effected,  but  not  after- 


237 


T.  3,  §  1917] 


THE  CIVIL  CODE 


1917.  Time  intended  by  representation. — The  completion  of  the 
contract  of  insurance  is  the  time  to  which  a  representation  must  be 
presumed  to  refer. 

1918.  Representing  information. — When  a  person  insured  has  no 
personal  knowled<.';e  of  a  fact,  he  may  nevertheless  repeat  information 
which  he  has  upon  the  subject,  anci  which  he  believes  to  be  true,  with 
the  explanation  that  he  does  so  on  the  information  of  others,  or  he 
may  submit  the  information,  in  its  whole  extent,  to  the  insurer;  and 
in  neither  case  is  lie  responsible  for  its  truth,  unless  it  proceeds  from 
an  anent  of  the  iiisured,  whose  duty  it  is  to  give  the  intelligence. 

1919.  Falsity. — A  representation  is  to  be  deemed  false  when  the 
facts  fail  to  corres|)ond  with  its  assertions  or  stipulations. 

1920.  Effect  of  falsity. — If  a  representation  is  false  in  a  mate- 
rial point,  Avhetlier  affirmative  or  promissory,  the  injured  party  is 
entitled  to  rescind  the  contract  from  the  time  when  the  representation 
becomes  false. 

1921.  Materiality. — The  materiality  of  a  representation  is  deter- 
mined b}^  the  same  rule  as  the  materiality  of  a  concealment. 

Cross-References 

Materiality  of  representation,  how  deteruiined.  see  section  1W5  of  this  title. 
Violation  of  material  warranty,  see  section  1958  of  this  litle. 

1922.  Application  of  provisions  of  this  article. — The  provisions 
of  this  article  a]jj)ly  as  well  to  a  modification  of  a  contract  of  insur- 
ance as  to  its  original  formation. 

1923.  Right  to  rescind. — Whenever  a  right  to  rescind  a  contract 
of  insurance  is  given  to  the  insurer  by  any  provision  of  this  chapter, 
such  right  may  be  exercised  at  any  time  previous  to  the  commence- 
ment of  an  action  on  the  contract. 

ARTICLE  6.— THE  FOLIC Y 


Sec. 

lii.'Jl.  Policy,  what. 

1J|."{2.  Wliat   must   bo   spocifinl    in   n   policy. 

l!i:;8.  Wliosp  interest  is  covered. 

]it."!4.  Insurance  hy  agent  or  trustee. 

1!)"..'>.  Insurance  by  part  owner. 

lU'.W.  General  terms. 

1937.  Successive  owners. 


Sec. 

1J)3S.  Transfer  of  Ihe  tliinK  Insured. 

ID.'JO.   Open  and  valued  policies. 

1040.  Open   policy,   what. 

I'M  I.   Valiie.i  policy,  wliat. 

iniL'.   I'lUnniim  policy,  vvli.at. 

194:5.  KQect  of  receipt. 

1944.  Agreement  not  to  transfer. 


1931.  Policy,  what. — The  written  instrument,  in  which  a  contract 
of  insurance  is  set  forth,  is  called  a  policy  of  insurance. 

1932.  What  must  be  specified  in  a  policy. — A  policy  of  insurance 

must  specify : 

1.  The  parties  between  whom  the  contract  is  made; 

2.  The  rate  of  premium; 

3.  The  ])roperty  or  life  insured; 

4.  The  interest  of  the  insured  in  property  insured,  if  he  is  not  the 
absolute  owner  thereof; 

5.  The  risks  insured  against;  and 

G.  The  period  during  which  the  insurance  is  to  continue. 


238 


THE  CIVIL  CODE  [T.  3,  §  1943 

1933.  Whose  interest  is  covered.— When  the  name  of  the  person 
intended  to  be  insured  is  specified  in  a  policy,  it  can  be  applied  only 
to  his  own  proper  interest. 

CE0SS-RE!FE3tENCE8 

Insurable  interest,  generally,  see  section  1881  of  this  title. 
Stating  interest  of  insured,  see  section  1908  of  thi!^  title. 

1934.  Insurance  by  agent  or  trustee.— When  an  insurance  is  made 
by  an  agent  or  trustee,  the  fact  that  his  principal  or  beneficiary  is 
the  person  really  insured  may  be  indicated  by  describing  him  as  agent 
or  trustee,  or  by  other  general  words  in  the  policy. 

1935.  Insurance  by  part  owner.— To  render  an  insurance,  effected 
by  one  partner  or  part  owner,  applicable  to  the  interest  of  his  co- 
partners, or  of  other  part  owners,  it  is  necessary  that  the  terms  of 
the  policy  should  be  such  as  are  applicable  to  the  joint  or  common 

interest. 

Cboss-Reference 

Transfer  by  coowner,  see  section  1S91  of  this  title. 

1936.  General  terms.— When  the  description  of  the  insured  in  a 
policy  is  so  general  that  it  may  comprehend  any  person  or  any  class 
of  persons,  he  only  can  claim  the  benefit  of  the  policy  who  can  show 
that  it  was  intended  to  include  him. 

1937.  Successive  owners.— A  policy  may  be  so  framed  that  it  will 
inure  to  the  benefit  of  whomsoever,  during  the  continuance  of  the 
risk,  may  become  the  owner  of  the  interest  insured. 

1938.  Transfer  of  the  thing  insured.— The  mere  transfer  of  a 
thing  insured  does  not  transfer  the  policy,  but  suspends  it  until 
the  same  person  becomes  the  owner  of  both  the  policy  and  the  thing 

insured. 

Cross-reference 

Transfer  of  interest,  see  sections  1888  et  seq.,  of  this  title. 

1939.  Open  and  valued  policies.— A  policy  is  either  open  or 
valued. 

1940.  Open  policy,  what.— An  open  policy  is  one  in  which  the 

value  of  the  thing  insured  is  not  agreed  upon,  but  is  left  to  be 
ascertained  in  case  of  loss. 

1941.  Valued  policy,  what.— A  valued  policy  is  one  which  ex- 
presses on  its  face  an  agreement  that  the  thing  insured  shall  be 
valued  at  a  specified  sum. 

1942.  Running  policy,  what. — A  running  poHcy  is  one  which  con- 
templates successive  insurances,  and  which  provides  that  the  object 
of  the  policy  may  be  from  time  to  time  defined,  especially  as  to  the 
subjects  of  insurance,  by  additional  statements  or  indorsements. 

1943.  Effect  of  receipt. — An  acknowledgment  in  a  policy  of  the 
receipt  of  premium  is  conclusive  evidence  of  its  payment,  so  far  as 


^9 


T.  3,  §  1944]  THE  CIVIL  CODE 

to  make  the  policy  binding,  notwithstanding  any  stipulation  therein 
that  it  shall  not  be  binding  until  the  premium  is  actually  paid. 

Cross-Refesence 
Premiums,  in  general,  see  sections  1971  et  seq.,  of  this  title. 

1944.  Agreement  not  to  transfer. — An  agreement  made  before  a 
loss,  not  to  transfer  the  claim  of  a  person  insured  against  the  insurer, 
after  the  loss  has  happened,  is  void. 

ARTICLE  7.— WARRANTIES 


Sec. 

1951.  Warranty,  express  or  implied. 

1952.  Form. 

1958.  Express  warranties  to  be  in  policy. 

1954.  Past,  present,  and  future  warranties. 

1955.  Express  warranty,   what  constitutes. 


Sec. 

1956.  Warranty  as  to  the  future. 

1957.  Performance  excused. 

1958.  What  acts  avoid  the  policy. 

1959.  Policy  may  provide  for  avoidance. 

1960.  Breach  without  fraud. 


1951.  Warranty,  express  or  implied. — A  warranty  is  either  ex- 
press or  implied. 

Cboss-Referencb 

Express  warranties  to  be  in  policy,  see  section  1953  of  this  title. 

1952.  Form. — No  particular  form  of  words  is  necessary  to  create 
a  warranty. 

1953.  Express  warranties  to  be  in  policy. — Every  express  war- 
ranty, made  at  or  before  the  execution  of  a  policy,  must  be  contained 
in  the  policy  itself,  or  in  another  instrument  signed  by  the  insured 
and  referred  to  in  the  policy,  as  making  a  part  of  it. 

Ceoss-Refeeench 
Representations,  see  sections  1911  et  seq.,  of  this  title. 

1954.  Past,  present,  and  future  warranties. — A  warranty  may 
relate  to  the  past,  the  present,  the  future,  or  to  any  or  all  of  these. 

1955.  Express  warranty,  what  constitutes. — A  statement  in  a 
policy,  of  a  matter  relating  to  the  person  or  thing  insured,  or  to  the 
risk,  as  a  fact,  is  an  express  warranty  thereof. 

1956.  Warranty  as  to  the  future. — A  statement  in  a  policy,  which 
imports  that  it  is  intended  to  do  or  not  to  do  a  thing  which  mate- 
lially  affects  the  risk,  is  a  warranty  that  such  act  or  omission  shall 
take  place. 

1957.  Performance  excused. — When  before  the  time  arrives  for 
the  performance  of  a  warranty  relating  to  the  future,  a  loss  insured 
against  happens,  or  performance  becomes  unlawful  at  the  place  of 
the  contract,  or  impossible,  the  omission  to  fulfill  the  warranty  does 
not  avoid  the  policy. 

Ceoss-Refeeencb 

Rescinding  contract  of  insurance,  see  section  1923  of  this  title. 

1958.  What  acts  avoid  the  policy. — The  violation  of  a  material 
warranty,  or  other  material  provision  of  a  policy,  on  the  part  of 
either  party  thereto,  entitles  the  other  to  rescind. 

Cboss-Re:feeench 
Test  of  the  materiality  of  a  representation,  see  section  1921  of  this  title. 

240 


THE  CIVIL  CODE 


[T.  3,  §  1975 


1959.  Policy  may  provide  for  avoidance. — A  policy  may  declare 
that  a  violation  of  specified  provisions  thereof  shall  avoid  it;  other- 
wise the  breach  of  an  immaterial  provision  does  not  avoid  the  policy. 

1960.  Breach  without  fraud. — A  breach  of  warranty,  without 
fraud,  merely  exonerates  an  insurer  from  the  time  that  it  occurs,  or 
where  it  is  broken  in  its  inception  prevents  the  policy  from  attaching 
to  the  risk. 

Ceoss-Refesienob 

Breach  of  warranty  without  fraud,  return  of  premium,  see  section  1973  of 
this  title. 


ARTICLE  8.— PREMIUM 


Sec. 

1971.  Return  of  premium. 

1972.  When  not  allowed. 

1973.  Return  for  fraud. 


Sec. 

1974.  Overinsurance  by  several  insurers. 

1975.  Contribution. 

1976.  Proportionate  contribution. 


1971.  Return  of  premium. — Where  the  insurance  is  made  for  a 
definite  period  of  time  and  the  insured  surrenders  his  policy,  he  is 
entitled  to  a  return  of  such  proportion  of  the  premium  above  the 
customary  short  rate  premium  as  corresponds  with  the  unexpired 
time,  after  deducting  from  the  whole  premium  any  claim  for  loss  or 
damage  under  the  policy  which  has  previously  accrued. 

Ceoss-Referetmce 
Return  for  fraud,  see  section  1973  of  this  title. 

1972.  When  not  allowed. — If  a  peril  insured  against  has  existed, 
and  the  insurer  has  been  liable  for  any  period,  however  short,  the 
insured  is  not  entitled  to  return  of  premiums  so  far  as  that  particular 
risk  is  concerned. 

1973.  Return  for  fraud. — A  person  insured  is  entitled  to  a  return 
of  the  premium  when  the  contract  is  voidable,  on  account  of  the 
fraud  or  misrepresentation  of  the  insurer,  or  on  account  of  facts,  of 
the  existence  of  which  the  insured  was  ignorant  without  his  fault ;  or 
when,  by  any  default  of  the  insured  other  than  actual  fraud,  the 
insurer  never  incurred  any  liability  under  the  policy. 

Ceoss-Referenob 
Return  of  premium,  see  section  1971  of  this  title. 

1974.  Overinsurance  by  several  insurers. — In  case  of  an  over- 
insurance  by  several  insurers,  the  insured  is  entitled  to  a  ratable 
return  of  the  premium,  proportioned  to  the  amount  by  which  the 
aggregate  sum  insured  in  all  the  policies  exceeds  the  insurable  value 
of  the  thing  at  risk. 

Ceoss-Reteeenob 

Double  insurance,  defined,  see  section  2001  of  this  title. 

1975.  Contribution. — When  an  overinsurance  is  effected  by  simul- 
taneous policies,  the  insurers  contribute  to  the  premium  to  be  returned 
in  proportion  to  the  amount  insured  by  their  respective  policies. 

Ceoss-Reference 
Contribution  in  cases  of  double  insurance,  see  section  2002  of  this  title. 


241 


T.  3,  §  1976] 


THE  CIVIL  CODE 


1976.  Proportionate  contribution. — When  an  overinsurance  is 
effected  by  successive  policies,  those  only  contribute  to  a  return  of 
the  premium  who  are  exonerated  by  prior  insurance  from  the  liability 
assumed  by  them,  and  in  proportion  as  the  sum  for  which  the 
premium  was  paid  exceeds  the  amount  for  which,  on  account  of  prior 
insurance,  they  could  be  made  liable. 

ARTICLE  9.— LOSS 


Sec. 

19S1.  Perils,  remote  and  proximate. 

1982.   Loss  incurred  in  rescue  from  peril. 


Sec. 

l!)83. 
1984. 


Excepted  perils. 
Negligence  and  fraud. 


1981.  Perils,  remote  and  proximate. — An  insurer  is  liable  for  a 

loss  of  which  a  peril  insured  against  was  the  proximate  cause, 
although  a  peril  not  contemplated  by  the  contract  may  have  been 
a  remote  cause  of  the  loss ;  but  he  is  not  liable  for  a  loss  of  which  the 
peril  insured  against  was  only  a  remote  cause. 

CROSS-REafERENCE 

Negligence  of  insured,  see  section  1984  of  this  title. 

1982.  Loss  incurred  in  rescue  from  peril. — An  insurer  is  liable 
where  the  thing  insured  is  rescued  from  a  peril  insured  against, 
that  would  otherAvise  have  caused  a  loss,  if  in  the  course  of  such 
rescue  the  thing  is  exposed  to  a  peril  not  insured  against,  which 
permanently  deprives  the  insured  of  its  possession,  in  whole  or  in 
part ;  or  where  a  loss  is  caused  by  efforts  to  rescue  the  thing  insured 
from  a  peril  insured  against. 

1983.  Excepted  perils. — Where  a  peril  is  specially  excepted  in  a 
contract  of  insurance,  a  loss,  which  would  not  have  occurred  but 
for  such  peril,  is  thereby  excepted,  although  the  immediate  cause  of 
the  loss  was  a  peril  which  was  not  excepted. 

1984.  Negligence  and  fraud. — An  insurer  is  not  liable  for  a  loss 
caused  by  the  willful  act  of  the  insured ;  but  he  is  not  exonerated 
by  the  negligence  of  the  insured,  or  of  his  agents  or  others. 

ARTICLE  10.— NOTICE  OF  LOSS 


Sec, 

1994.  Waiver  of  defects  in  notice,  etc. 

1995.  Waiver  of  delay. 

1996.  Certificate,  when  dispensed  with. 


Sec. 

1991.  Notice  of  loss. 

1992.  Time   for  giving  notice  of  accidents, 

etc. 

1993.  Preliminary  proofs. 

1991.  Notice  of  loss. — In  case  of  loss  upon  an  insurance  against 
fire,  an  insurer  is  exonerated  if  notice  thereof  be  not  given  to  him 
by  some  person  insured,  or  entitled  to  the  benefit  of  the  insurance, 
without  unnecessary  delay. 

1992.  Time  for  giving  notice  of  accident,  etc. — No  conditions, 

stipulations,  or  agreements  contained  in  any  application  for  insur- 
ance in  any  casualty  or  accident  insurance  company,  or  contained  in 
any  policy  issued  by  any  such  company,  or  in  any  way  made  by  any 
such  company,  limiting  the  time  within  which  notice  of  the  accident 
or  injury,  or  death,  shall  be  given  to  such  company  to  a  period  of  less 
than  twenty  days  after  the  happening  of  the  accident,  or  injury,  or 

242 


THE  CIVIL  CODE  [T.  3.  §  2011 

death,  shall  be  valid.  Said  notice  may  be  given  to  the  company 
insuring,  at  any  time  within  twenty  days  after  the  happening  of  the 
accident,  or  injury,  or  death,  and  shall  be  valid  and  binding  on  the 
compau}'^;  and  notice  deposited  in  tlie  mails  i)roperly  addressed 
within  tile  time  stated  is  suilicient,  though  it  does  not  reach  the 
insurer  within  that  time. 

1993.  Preliminary  proofs. — When  preliminary  proof  of  loss  is 
required  by  a  jjolicy,  the  insured  is  not  bound  to  give  such  proof 
as  would  be  necessary  in  a  court  of  justice;  but  it  is  sufficient  for  him 
to  give  the  best  evidence  which  he  has  in  his  power  at  the  time. 

1994.  Waiver  of  defects  in  notice,  etc. — All  defects  in  a  notice  of 
loss,  or  in  preliminary  proof  thereof,  which  the  insured  might 
remedy,  and  which  the  insurer  omits  to  specify  to  him,  without 
unnecessary  delay,  as  grounds  of  objection,  are  waived. 

1995.  Waiver  of  delay. — Delay  in  the  presentation  to  an  insurer 
of  notice  or  proof  of  loss  is  waived,  if  caused  by  any  act  of  his,  or  if 
he  omits  to  make  objection  promptly  and  specifically  upon  that 
ground. 

1996.  Certificate,  when  dispensed  with. — If  a  policy  requires,  by 
way  of  preliminary  proof  of  loss,  the  certificate  or  testimony  f)f  a 
person  other  than  the  insured,  it  is  sufficient  for  the  insured  to  use 
reasonable  diligence  to  procure  it,  and  in  case  of  the  refusal  of  such 
person  to  give  it,  then  to  furnish  reasonable  evidence  to  the  insurer 
that  such  refusal  was  not  induced  b}^  any  just  grounds  of  disbelief  in 
the  facts  necessary  to  be  certified. 


ARTICLE  11.— DOUBLE  INSURANCE 


Sec. 

2001.  Double  insurance. 


Sec. 

2002.   Contribution  in  case  of  double  insur- 


2001.  Double  insurance. — A  double  insurance  exists  where  the 
same  person  is  insured  by  several  insurers  separately  in  respect  to 
the  same  subject  and  interest. 

2002.  Contribution  in  case  of  double  insurance. — In  case  of  dou- 
ble fire  insurance,  each  insurer  must  contribute  ratably  toward  the 
loss,  without  regard  to  the  dates  of  the  several  policies. 

Ceoss-References 

Return  of  premium  by  successive  insurers,  see  sections  1974  and  1976  of  this 
title. 

Insurers  in  separate  policies  may  be  joined,  see  title  4,  section  139. 


ARTICLE   12.— REINSURANCE 


Sec. 

2011.  Reinsurance,  what. 

2012.  Disclosures  required. 


Sec. 

2013.  Reinsurance   presumed  to  be  against 
liability. 

2014.  Original  insured  has  no  interest. 

2011.  Reinsurance,  what. — A  contract  of  reinsurance  is  one  by 
which  an  insurer  procures  a  third  person  to  insure  him  against  loss 
or  liability  by  reason  of  such  original  insurance. 

243 


T.  3,  §  2012] 


THE  CIVIL  CODE 


2012.  Disclosures  required. — Where  an  insurer  obtains  reinsur- 
ance, he  must  communicate  all  the  representations  of  the  original 
insured,  and  also  all  the  knowledge  and  information  he  possesses, 
whether  jDreviously  or  subsequently  acquired,  which  are  material  to 
the  risk. 

2013.  Reinsurance  presumed  to  be  against  liability. — A  reinsur- 
ance is  presumed  to  be  a  contract  of  indemnity  against  liability  and 
not  merely  against  damage. 

2014.  Original  insured  has  no  interest. — The  original  insured  has 
no  interest  in  a  contract  of  reinsurance. 

CHAPTER  57.— FIRE  INSURANCE 


2021.  Alteration  increasing  risk. 

2022.  Alteration   not   increasing  rislJ. 

2023.  Acts  of  insured. 

2024.  Measure  of  indemnity. 


Sec. 

2025.  Value  of  interest  in  policy  of  insur- 
ance ;  how  may  be  fixed ;  total  or 
partial  loss. 


Ckoss-Rb:ferences 

Chapter  56  of  this  title  is  also  applicable  to  fire  insurance,  see  section  1863 
of  this  title. 

Foreign  insurance  companies,  see  sections  221  et  seq.,  of  this  title. 
Injury  to  or  destruction  of  insured  property,  see  title  5,  section  705. 

Section  2021.  Alteration  increasing  risk. — An  alteration  in  the 
use  or  condition  of  a  thing  insured  from  that  to  which  it  is  limited 
by  the  policy,  made  without  the  consent  of  the  insurer,  by  means 
within  the  control  of  the  insured,  and  increasing  the  risk,  entitles  an 
insurer  to  rescind  a  contract  of  fire  insurance. 

2022.  Alteration  not  increasing  risk. — An  alteration  in  the  use 
or  condition  of  a  thing  insured  from  that  to  which  it  is  limited  b)'^ 
the  policy,  which  does  not  increase  the  risk,  does  not  affect  a  contract 
of  fire  insurance. 

2023.  Acts  of  insured. — A  contract  of  fire  insurance  is  not  affected 
by  any  act  of  the  insured  subseq^uent  to  the  execution  of  the  policy, 
w^hich  does  not  violate  its  provisions,  even  though  it  increases  the 
risk  and  is  the  cause  of  a  loss. 

2024.  Measure  of  indemnity. — ^If  there  is  no  valuation  in  the  pol- 
icy, the  measure  of  indemnity  in  an  insurance  against  fire  is  the  ex- 
pense it  would  be  to  the  insured  at  the  time  of  the  commencement  of 
the  fire  to  replace  the  thing  lost  or  injured  in  the  condition  in  which 
it  was  at  the  time  of  the  injury;  but  the  effect  of  a  valuation  in  a 
policy  of  fire  insurance  is  the  same  as  in  a  policy  of  marine  insurance. 

2025.  Value  of  interest  in  policy  of  insurance;  how  may  be  fixed; 
total  or  partial  loss. — Whenever  the  insured  desires  to  have  a  valua- 
tion named  in  his  policy,  insuring  any  building  or  structure  against 
fire,  he  may  require  such  building  or  structure  to  be  examined  by  the 
insurer,  and  the  value  of  the  insured's  interest  therein  shall  be  there- 
upon fixed  by  the  parties.  The  cost  of  such  examination  shall  be 
paid  for  by  the  insured.  A  clause  shall  be  inserted  in  such  policy 
stating  substantially  that  the  value  of  the  insured's  interest  in  such 
building  or  structure  has  been  thus  fixed.     In  the  absence  of  any 

244 


THE  CIVIL  CODE 


[T.  3,  §  2033 


change  increasing  the  risk  without  the  consent  of  the  insurer  or  of 
fraud  on  the  part  of  the  insured,  then,  in  case  of  a  total  loss  under  such 
policy,  the  whole  amount  so  insured  upon  the  insured's  interest  in 
such  building  or  structure,  as  stated  in  the  policy  upon  which  the  in- 
surers have  received  a  premium,  shall  be  paid,  and  in  case  of  a  partial 
loss  the  full  amount  of  the  partial  loss  shall  be  so  paid,  and  in  case 
there  are  two  or  more  policies  covering  the  insured's  interest  therein, 
each  policy  shall  contribute  pro  rata  to  the  payment  of  such  whole 
or  partial  loss.  But  in  no  case  shall  the  insurer  be  required  to  pay 
more  than  the  amount  thus  stated  in  such  policy.  This  section  shall 
not  prevent  the  parties  from  stipulating  in  such  policies  concerning 
the  repairing,  rebuilding,  or  replacing  buildings  or  structures  wholly 
or  partially  damaged  or  destroyed. 

CHAPTER  58.— LIFE  AND  HEALTH  INSURANCE 


Sec. 

2031.  Insurance  upon  life,  when  payable. 

2032.  Insurable  interest. 

2033.  Assignee,    etc.,    of    life    policy    need 

have  no  interest. 

2034.  Notice  of  transfer. 


Sec. 

2035.  Measure  of  indemnity. 

2036.  Disposition  by  beneficiary  of  interest 

in  installment. 

2037.  Payment  of  proceeds  of  policy. 


Cross-References 

Chapter  56  of  this  title  is  also  applicable  to  life  insurance,  see  section  1S63 
of  this  title. 

Foreign  insurance  companies,  see  sections  221  et  seq.,  of  this  title. 

Section  2031.  Insurance  upon  life,  when  payable. — An  insurance 
upon  life  may  be  made  payable  on  the  death  of  the  person,  or  on 
his  surviving  a  specified  period,  or  periodically  so  long  as  he  shall 
live,  or  otherwise  contingently  on  the  continuance  or  determination 
of  life. 

2032.  Insurable  interest. — Every  person  has  an  insurable  interest 
in  the  life  and  health — 

1.  Of  himself; 

2.  Of  any  person  on  whom  he  depends  wholly  or  in  part  for  edu- 
cation or  support; 

3.  Of  any  person  under  a  legal  obligation  to  him  for  the  payment 
of  money,  or  respecting  property  or  services,  of  which  death  or  illness 
might  delay  or  prevent  the  performance ;  and 

4.  Of  any  person  upon  whose  life  any  estate  or  interest  vested  in 
him  depends. 

Ceo  s  s-Referen  cb 

Insurable  interest,  generally,  see  sections  1881  et  seq.,  of  this  title, 

2033.  Assignee,  etc.,  of  life  policy  need  have  no  interest. — A  pol- 
icy of  insurance  upon  life  or  health  may  pass  by  transfer,  will,  or 
succession  to  any  person,  whether  he  has  an  insurable  interest  or  not, 
and  such  person  may  recover  upon  it  whatever  the  insured  might 
have  recovered. 

Cross-Reference 

Compare  section  1888  of  this  title. 


245 


T.  3,  §  2034]  THE  CIVIL  CODE 

2034.  Notice  of  transfer. — Notice  to  an  insurer  of  a  transfer  or 

bequest  thereof  is  not  necessary  to  preserve  the  validity  of  a  policy  of 
insurance  upon  life  or  health,  unless  thereby  expressly  i-equired. 

2035.  Measure  of  indemnity. — Unless  the  interest  of  a  person  in- 
sured is  susceptible  of  exact  pecuniary  measurement,  the  measure  of 
indemnity  under  a  policy  of  insurance  upon  life  or  health  is  the  sum 
fixed  in  the  policy. 

2036.  Disposition  by  beneficiary  of  interest  in  installment. — The 

beneficiary  under  a  policy  of  life  insurance,  providing  for  the  pay- 
ment of  the  proceeds  thereof  in  periodical  installments,  may  be  re- 
strained from  disposing  of  or  encumbering  his  interest  in  any  such 
installment,  prior  to  the  date  when  it  shall  become  due  and  paj^able 
by  the  insurer,  by  a  condition  or  stipulation  in  the  policy. 

2037.  Payment  of  proceeds  of  policy. — The  proceeds  of  every  pol- 
icy of  insui'ance  due  on  the  death  of  insured  shall  by  the  insurer  be 
paid  either  to  the  beneficiary  designated  therein,  or,  if  no  beneficiary 
is  designated  therein,  to  the  estate  of  insured ;  or,  if  the  policy  has 
been  assigited,  to  the  assignee  thereof ;  and  such  payment  shall  satisfy 
all  obligations  of  the  insurer  with  respect  to  said  policy. 

CHAPTER  59.— INDEMNITY 

Sec.  i   Sec. 

2041.   Indemnity,  what.  2047.  Kules   for   interpreting   agreement   of 


2042.  Indemnity  for  a  future  wrongful  act 

void. 

2043.  Indemnity    for    a    past    wrongful    act 

valid. 

2044.  Indemnity  extends  to  acts  of  agents. 

2045.  Indemnity  to  several. 

2046.  Person  indemnifying  liaiilo  jointly  or 

severally   with   person   indemniticd. 


indemnity. 

2048.  Roimbursemont  of  person   indemnify- 

ing other. 

2049.  Bail,  what. 

2050.  How  regulated. 


Section  2041.  Indemnity,  what. — Indemnity  is  a  contract  by 
which  one  engages  to  save  another  from  a  legal  consequence  of  the 
conduct  of  one  of  the  parties,  or  of  some  other  person. 

Cboss-References 

Guaranty,  see  sections  2061  et  seq.,  of  this  tif  Ic 
Suretyship,  see  sections  2121  et  seq.,  of  this  title. 

2042.  Indemnity  for  a  future  wrongful  act  void. — An  agreement 

to  indemnify  n  person  against  an  act  thereafter  to  be  done,  is  void, 
if  the  act  be  known  by  such  person  at  the  time  of  doing  it  to  be 
unlawful. 

2043.  Indemnity  for  a  past  wrongful  act  valid. — An  agreement 

to  indemnify  a  person  against  an  act  alieatly  done,  is  valid,  even 
though  the  act  was  known  to  be  wrongful,  unless  it  was  a  felony. 

2044.  Indemnity  extends  to  acts  of  agents. — An  agreement  to 
indemnify  against  the  acts  of  a  certain  person,  ap])lies  not  only  to 
his  acts  and  their  consequences,  but  also  to  those  of  liis  agents. 

2045.  Indemnity  to  several. — An  agreement  to  indemnify  several 
persons  applies  to  each,  unless  a  contrary  intention  appears. 

246 


THE  CIVIL  CODE  [T.  3,  §  2050 

2046.  Person  indemnifying  liable  jointly  or  severally  with  per- 
son indemnified. — One  wlio  indemnifies  another  aji^ainst  an  act  to 
be  done  by  the  hitter  is  liable  jointly  with  the  person  indemnified,  and 
separately,  to  every  person  injured  by  such  act. 

2047.  Rules  for  interpreting  agreement  of  indemnity. — In  the 

interpretation  of  a  contract  of  indemnity  the  following  rules  are  to 
be  applied,  unless  a  contrary  intention  appears — 

1.  Upon  an  indemnity  against  liability,  expressly,  or  in  other 
equivalent  terms,  the  person  indemnified  is  entitled  to  recover  upon 
becoming  liable. 

2.  Upon  an  indemnity  against  claims,  or  demands,  or  damages,  or 
costs,  expressly,  or  in  other  equivalent  terms,  the  person  indemnified 
is  not  entitled  to  recover  without  payment  thereof. 

3.  An  indemnity  against  claims,  or  demands,  or  liability,  express- 
ly, or  in  other  equivalent  terms,  embraces  the  costs  of  defense  against 
such  claims,  demands,  or  liability  incurred  in  good  faith  and  in  the 
exercise  of  a  reasonable  discretion. 

4.  The  i^erson  indemnifying  is  bound,  on  request  of  the  person 
indemnified,  to  defend  actions  or  proceedings  brought  against  the 
latter  in  respect  to  the  matters  embraced  by  the  indemnity,  but  the 
person  indemnified  has  the  right  to  engage  in  the  conduct  of  such 
defenses,  if  he  chooses  to  do  so. 

5.  If,  after  request,  the  person  indemnifying  neglects  to  defend  the 
person  indemnified,  a  recovery  against  the  latter  suffered  by  him  in 
good  faith  is  conclusive  in  his  favor  against  the  former. 

6.  If  the  person  indemnifying,  whether  he  is  a  principal  or  a 
surety  in  the  agreement,  has  not  reasonable  notice  of  the  action  or 
proceeding  against  the  person  indemnified,  or  is  not  allowed  to  con- 
trol its  defense,  judgment  against  the  latter  is  only  presumptive 
evidence  against  the  former. 

7.  A  stipulation  that  a  judgment  against  the  person  indemnified 
shall  be  conclusive  upon  the  person  indemnifying,  is  inapplicable  if 
he  had  a  good  defense  upon  the  merits,  which  by  want  of  ordinar}^ 
care  he  failed  to  establish  in  the  action. 

2048.  Reimbursement  of  person  indemnifying  other. — Where 
one,  at  the  request  of  another,  engages  to  answer  in  damages, 
whether  liquidated  or  unliquidated,  for  any  violation  of  duty  on  the 
part  of  the  latter,  he  is  entitled  to  be  reimbursed  in  the  same  manner 
as  a  surety  for  whatever  he  may  pay. 

2049.  Bail,  what. — Upon  those  contracts  of  indemnity  which  are 
taken  in  legal  proceedings  as  security  for  the  performance  of  an 
obligation  imposed  or  declared  by  the  tribunals,  and  known  as 
undertakings  or  recognizances,  the  sureties  are  called  bail. 

2050.  How  regulated. — The  obligations  of  bail  are  governed  by 
the  law  specially  applicable  thereto. 


5147 


T.  3,  §  2061]  THE  CIVIL  CODE 

CHAPTER  60.— GUARANTY  IN  GENERAL 


Art.  Sec. 

1.  Definition  of  guaranty 2061 

2.  Creation  of  guaranty 2071 

3.  Interpretation  of  guaranty 2081 


Art.  Sec. 

4.  Liability   of  guarantors 2091 

5.  Continuing  guaranty 2101 

6.  Exoneration   of  guarantors 2111 


ARTICLE  1.— DEFINITION  OF  GUARANTY 

Section  2061.  Guaranty,  what. — A  guaranty  is  a  promise  to  an- 
swer for  the  debt,  default,  or  miscarriage  of  another  person. 

Cboss-Refekences 

Indemnity,  see  sections  2041  et  seq.,  of  this  title. 
Suretyship,  see  sections  2121  et  seq.,  of  this  title. 

ARTICLE  2.  CREATION  OF  GUARANTY 


Sec. 

2074.  Engagement  to  answer  for  obligation 

of  another,  when  deemed  original. 

2075.  Acceptance  of  guaranty. 


Sec. 

2071.  Knowledge  of  principal  not  necessary. 

2072.  Necessity  of  a  consideration. 

2073.  Guaranty  to  be  In   writing,  etc. 

2071.  Knowledge  of  principal  not  necessary. — A  person  majjr  be- 
come guarantor  even  without  the  knowledge  or  consent  ot  the 
principal. 

2072.  Necessity  of  a  consideration. — Where  a  guaranty  is  en- 
tered into  at  the  same  time  with  the  original  obligation,  or  with  the 
acceptance  of  the  latter  by  the  guarantee,  and  forms  with  that  obliga- 
tion a  part  of  the  consideration  to  him,  no  other  consideration  need 
exist.  In  all  other  cases  there  must  be  a  consideration  distinct  from 
that  of  the  original  obligation. 

2073.  Guaranty  to  be  in  writing,  etc. — Except  as  prescribed  by 
the  section  next  following,  a  guaranty  must  be  in  writing,  and  signed 
by  the  guarantor ;  but  the  writing  need  not  express  a  consideration. 

Ceoss-Reference 


Guaranty  to  be  written,  see  section 


of  this  title. 


2074.  Engagement  to  answer  for  obligation  of  another,  when 
deemed  original. — A  promise  to  answer  for  the  obligation  of  an- 
other, in  any  of  the  following  cases,  is  deemed  an  original  obligation 
of  the  promisor,  and  need  not  be  in  writing : 

1.  Where  the  promise  is  made  by  one  who  has  received  property  of 
another  upon  an  undertaking  to  apply  it  pursuant  to  such  promise, 
or  by  one  who  has  received  a  discharge  from  an  obligation  in  whole 
or  in  part  in  consideration  of  such  promise. 

2.  Where  the  creditor  i)arts  with  value,  or  enters  into  an  obliga- 
tion, in  consideration  of  the  obligation  in  respect  to  which  the  prom- 
ise is  made,  in  terms  or  under  circumstances  such  as  to  render  the 
party  making  the  promise  the  principal  debtor,  and  the  person  in 
whose  behalf  it  is  made,  his  surety. 

3.  Where  the  promise,  being  for  an  antecedent  obligation  of  an- 
other, is  made  upon  the  consideration  that  the  party  receiving  it 
cancels  the  antecedent  obligation,  accepting  the  new  promise  as  a 
substitute  therefor;  or  upon  the  consideration  that  the  party  receiv- 


248 


THE  CIVIL  CODE  [T.  3,  §  12084 

ing  it  releases  the  property  of  another  from  a  levy,  or  his  person 
from  imprisonment  under  an  execution  on  a  judgment  obtained  upon 
the  antecedent  obligation;  or  upon  a  consideration  beneficial  to  the 
promisor,  whether  nioving  from  either  party  to  the  antecedent  obli- 
gation or  from  another  person. 

4.  Where  a  factor  undertakes,  for  a  commission,  to  sell  merchan- 
dise and  guarantee  the  sale. 

5.  Where  the  holder  of  an  instrument  for  the  payment  of  money, 
upon  which  a  third  person  is  or  may  become  liable  to  him,  transfers 
it  in  payment  of  a  precedent  debt  of  his  own,  or  for  a  new  considera- 
tion, and  in  connection  with  such  transfer  enters  into  a  promise 
respecting  such  instrument. 

Cross-Eefei^encb 
Guaranty,  necessity  of  writing,  see  section  886  of  tliis  title. 

2075,  Acceptance  of  guaranty.— A  mere  offer  to  guarantee  is  not 
binding  until  notice  of  its  acceptance  is  communicated  by  the  guar- 
antee to  the  guarantor;  but  an  absolute  guaranty  is  binding  upon  the 
guarantor  without  notice  of  acceptance. 

Ceoss-Referencb 
Absolute  guaranty,  see  section  2091  of  tliis  title. 

ARTICLE  3.— INTERPRETATION  OF  GUARANTY 


Sec. 

1!0S1.   Guaranty  of  incomplete  contract. 
i!0S2.  Guaranty  that  an  obligation  is  good 
or  collectible. 


Sec. 

2083.  Recovery  upon  such  guaranty. 

2084.  Guarantor's      liability       upon       sucli 

guaranty. 


2081.  Guaranty  of  incomplete  contract. — In  a  guaranty  of  a  con- 
tract, the  terms  of  which  are  not  then  settled,  it  is  implied  that  its 
terms  shall  be  such  as  will  not  expose  the  guarantor  to  greater  risks 
than  he  would  incur  under  those  terms  which  are  most  common  in 
similar  contracts  at  the  place  where  the  principal  contract  is  to  be 
performed. 

2082.  Guaranty  that  an  obligation  is  good  or  collectible. — A 

guaranty  to  the  effect  that  an  obligation  is  good,  or  is  collectible, 
imports  that  the  debtor  is  solvent  and  that  the  demand  is  collectible 
by  the  usual  legal  proceedings,  if  taken  with  reasonable  diligence. 

2083.  Recovery  upon  such  guaranty. — A  guaranty,  such  as  is 
mentioned  in  the  next  preceding  section,  is  not  discharged  by  an 
omission  to  take  proceedings  upon  the  principal  debt,  or  upon  any 
collateral  security  for  its  payment,  if  no  part  of  the  debt  could  have 
been  collected  thereby. 

2084.  Guarantor's  liability  upon  such  guaranty. — In  the  cases 
mentioned  in  section  2082  of  this  title,  the  removal  of  the  principal 
from  the  Canal  Zone,  leaving  no  property  therein  from  which  the 
obligation  might  be  satisfied,  is  equivalent  to  the  insolvency  of  the 
principal  in  its  eft'ect  upon  the  rights  and  obligations  of  the 
guarantor. 

93083—34 17  249 


T.  3,  §  2091] 


THE  CIVIL  CODE 


ARTICLE  4.— LIABILITY  OF  GUARANTORS 


Sec. 

2091.  Guaranty,  how  construed. 

2092.  Liability   upon  guaranty  of  payment 

or  performance. 

2093.  Liability    upon    guaranty    of    condi- 

tional obligation. 


Sec. 

2094.  Obligation  of  guarantor  cannot  exceed 

that  of  the  principal. 

2095.  Guarantor  not  liable  on   illegal  con- 

tract 


2091.  Guaranty,  how  construed. — A  guaranty  is  to  be  deemed  un- 
conditional unless  its  terms  import  some  condition  precedent  to  the 
liability  of  the  guarantor. 

2092.  Liability  upon  guaranty  of  payment  or  performance. — A 

guarantor  of  payment  or  performance  is  liable  to  the  guarantee 
immediately  upon  the  default  of  the  principal,  and  without  demand 
or  notice. 

2093.  Liability  upon  guaranty  of  conditional  obligation. — Where 

one  guarantees  a  conditional  obligation,  his  liability  is  commensurate 
with  that  of  the  principal,  and  he  is  not  entitled  to  notice  of  the 
default  of  the  principal,  unless  he  is  unable,  by  the  exercise  of 
reasonable  diligence,  to  acquire  information  of  such  default,  and  the 
creditor  has  actual  notice  thereof. 

2094.  Obligation  of  guarantor  cannot  exceed  that  of  the  princi- 
pal.— The  obligation  of  a  guarantor  must  be  neither  larger  in  amount 
nor  in  other  respects  more  burdensome  than  that  of  the  principal; 
and  if  in  its  terms  it  exceeds  it,  it  is  reducible  in  proportion  to  the 
principal  obligation. 

2095.  Guarantor  not  liable  on  illegal  contract. — A  guarantor  is 
not  liable  if  the  contract  of  the  principal  is  unlawful;  but  he  is 
liable  notwithstanding  any  mere  personal  disability  of  the  prin- 
cipal, though  the  disability  be  such  as  to  make  the  contract  void 
against  the  principal. 

ARTICLE  5.— CONTINUING  GUARANTY 

Sec.  I    Sec. 

2101.  Continuing  guaranty,  what.  1   2102.  Revocation. 

2101.  Continuing  guaranty,  what. — A  guaranty  relating  to  a  fu- 
ture liability  of  the  principal,  under  successive  transactions,  which 
either  continue  his  liability  or  from  time  to  time  renew  it  after  it  has 
been  satisfied,  is  called  a  continuing  guaranty. 

2102.  Revocation. — A  continuing  guaranty  may  be  revoked  at  any 
time  by  the  guarantor,  in  respect  to  future  transactions,  unless  there 
is  a  continuing  consideration  as  to  such  transactions  which  he  does 
not  renounce. 

ARTICLE  6.— EXONERATION  OF  GUARANTORS 


Sec. 

2111.  What  dealings  with  debtor  exonerate 

guarantor. 

2112.  Vnid   promises. 

2113.  Rescission  of  alteration. 

2114.  Part  performance. 


Sec. 

2115.  Delay  of  creditor  does  no(   discharge 

guarantor. 

2116.  Guarantor  indemnified  by  the  debtor, 

not  exonerated. 

2117.  Discharge  of  principal  by  act  of  law 

docs  not  discharge  guarantor. 


2111.  What  dealings  with  debtor  exonerate  guarantor. — A  guar- 
antor is  exonerated,  except  so  far  as  he  may  be  indemiiified  by  the 


250 


THE  CIVIL  CODE  [T.  3,  §  2117 

principal,  if  by  any  act  of  the  creditor,  without  the  consent  of  the 
guarantor,  the  original  obligation  of  the  principal  is  altered  in  any 
respect,  or  the  remedies  or  rights  of  the  creditor  against  the  princi- 
pal, in  respect  thereto,  in  any  way  impaired  or  suspended. 

CbOSS-RE3"ERENCES 

Exoneration  of  surety,  see  sections  2134  and  2135  of  tliis  title. 
Forbearance  will  not  discharge,  see  section  2115  of  tliis  title. 
Liability  of  guarantor,  see  sections  2091  et  seq.,  of  this  title. 
Neglect  or  refusal  to  sue  after  request  will  discharge,  see  section  2142  of 
this  title. 
Rights  of  creditor  where  security  given,  see  section  2151  of  this  title. 

2112.  Void  promises. — A  promise  by  a  creditor,  which  for  any 
cause  is  void,  or  voidable  by  him  at  his  option,  does  not  alter  the 
obligation  or  suspend  or  impair  the  remedy,  within  the  meaning  of 
the  next  preceding  section. 

2113.  Rescission  of  alteration. — The  rescission  of  an  agreement 
altering  the  original  obligation  of  a  debtor,  or  impairing  the  remedy 
of  a  creditor,  does  not  restore  the  liability  of  a  guarantor  who  has 
been  exonerated  by  such  agreement. 

2114.  Part  performance. — The  acceptance,  by  a  creditor,  of  any- 
thing in  partial  satisfaction  of  an  obligation,  reduces  the  obligation 
of  a  guarantor  thereof,  in  the  same  measure  as  that  of  the  principal, 
but  does  not  otherwise  affect  it. 

Cbos  s-Refeeences 

Acceptance  of  consideration  of  accord,  see  section  773  of  this  title. 
Acceptance  of  part  performance  in  satisfaction  of  obligation,  see  section  774 
of  this  title. 
Effect  of  part  performance,  see  sections  725,  732  and  774  of  this  title. 

2115.  Delay  of  creditor  does  not  discharge  guarantor. — Mere 

delay  on  the  part  of  a  creditor  to  proceed  against  the  principal,  or  to 
enforce  any  other  remedy,  does  not  exonerate  a  guarantor. 

Cross-Reference 
Notice  to  creditor  to  sue,  see  section  2142  of  this  title. 

2116.  Guarantor  indemnified  by  the  debtor,  not  exonerated. — A 

guarantor  who  has  been  indemnified  by  the  principal  is  liable  to  the 
creditor  to  the  extent  of  the  indemnity,  notwithstanding  that  the 
creditor,  without  the  assent  of  the  guarantor,  may  have  modified  the 
contract  or  released  the  principal. 

Cross-Reference 
See  sections  2111  and  1265  (1)  of  this  title. 

2117.  Discharge  of  principal  by  act  of  law  does  not  discharge 
guarantor. — A  guarantor  is  not  exonerated  by  the  discharge  of  his 
principal  by  operation  of  law,  without  the  intervention  or  omission 
of  the  creditor. 

251 


T.  3,  §  2121]  THE  CIVIL  CODE 

CHAPTER  61.— SURETYSHIP 


Art.  Sec. 

J.   Wiio  are  sureties 2121 

-.  Liability  of  sureties 2131 

a.   Itiglits  of  sureties 2141 


Art.  Sec. 

4.  Rights  of  creditors 2151 

5.  Letter  of  credit 2161 


ARTICLE  1.— WHO  ARE   SURETIES 


Sec. 

2121.  Surety,  what. 


Sec. 

2122.  Apparent  principal  may  show  that  he 
is  surety. 

Section  2121.  Surety,  v/hat. — A  surety  is  one  who  at  the  request 
of  another,  and  for  the  purpose  of  securing  to  him  a  benefit,  becomes 
responsible  for  the  performance  by  the  hitter  of  some  act  in  favor 
of  a  third  person,  or  hypothecates  property  as  security  therefor. 

Ckoss-References 

Guaranty,  see  sections  2061  et  seq.,  of  tliis  title. 
Indemnity,  see  sections  2041  et  seq.,  of  this  title. 

2122.  Apparent  principal  may  show  that  he  is  surety. — One 

who  appears  to  be  a  princi])al,  whether  by  the  terms  of  a  written 
instrument  or  otherwise,  may  show  that  he  is  in  fact  a  surety,  except 
as  against  persons  who  have  acted  on  the  faith  of  his  apparent 
character  of  principaL 

ARTICLE   2.— LIABILITY   OF   SURETIES 


Sec. 

2i:^l.  Limit  of  surety's  obligation. 
21.32.  Rules  of  interpretation. 
2133.  Judgment    against    surety    does    not 
alter  the  relation. 


Sec. 

2134.  Surety  exonerated  by  performance  or 

offer  of  performance. 

2135.  Surety  discharged  by  certain  acts  of 

the  creditor. 


2131.  Limit  of  surety's  obligation. — A  surety  cannot  be  held  be- 
j'-ond  the  express  terms  of  his  contract,  and  if  such  contract  prescribes 
a  penalty  for  its  breach,  he  cannot  in  any  case  be  liable  for  more 
than  the  penalty. 

Ckoss-References 

Liability  of  guarantor.s,  see  sections  2092  and  2093  of  this  title. 
Principal  lionnd  when  surety  bound,  see  title  4,  section  1938. 

2132.  Rules  of  interpretation. — In  interpreting  the  terms  of  a 

contract  of  suretysihip,  the  same  rules  are  to  be  observed  as  in  the 
case  of  other  contracts. 

2133.  Judgment  against  surety  does  not  alter  the  relation. — 

Notwithstandimr  the  recovery  of  jii(l<2,nient  by  a  creditor  against  a 
surety,  the  latter  still  occupies  the  relation  of  surety. 

Ckoss-Referencf. 
Conclusiveness  of  judgments  a^-'^inst  sureties,  see  title  4,  se<'tion  9G1. 

2134.  Surety  exonerated  by  performance  or  offer  of  perform- 
ance.— Performance  of  the  principal  obligation,  or  an  offer  of  such 
performance,  duly  made  as  provided  in  this  title,  exonerates  a  surety. 

Crofs-Refekence 

Offer  of  performance,  see  sections  731  to  751  of  this  title. 

252 


THE  CIVIL  COD! J 


[T.  3,  §  2143 


2135.  Surety  discharged  by  certain  acts  of  the  creditor.— A 

surety  is  exonerated — 

1.  In  like  manner  with  a  guarantor; 

2.  To  the  extent  to  which  he  is  prejudiced  by  any  act  of  the  creditor 
which  would  naturally  prove  injurious  to  tiie  remedies  of  the  surety 
or  inconsistent  with  his  rights,  or  which  lessens  his  security ;  or 

3.  To  the  extent  to  which  he  is  prejudiced  by  an  omission  of  the 
creditor  to  do  anything,  when  required  by  the  surety,  which  it  is  his 
duty  to  do. 

CROSS-REarEEENCES 

Exoneration  of  guarantor,  see  section  2111  of  tliis  title. 

Omiysic;n  of  creditor  to  proceed  against  principal,  see  section  2142  of  this  title. 

AllTICLB  3.— RIGHTS  OF  SURETIES 


Sec. 

2145.  The  surety  acquires  tbe  right  of  the 

creditor. 

2146.  Surety   eutitled    to    benefit   of   securi- 

ties held  by   creditor. 

2147.  Tbe  property  of  principal  to  be  taken 

first. 


Sec. 

2141.  Surety   has   rights  of  guarantor. 

2142.  Surety    may    require    the    creditor    to 

proceed   against  the  principal. 

2143.  Surety  may  compel  principal  to  per- 

forin obligations,  when  due. 

2144.  A   principal   bound    to    reimburse   his 

surety. 

2141.  Surety  has  rights  of  guarantor. — A  surety  has  all  the 

rights  of  a  guarantor,  whether  lie  become  personally  responsible  or 
not. 

2142.  Surety  may  require  the  creditor  to  proceed  against  the 
principal. — A  surety  may  require  his  creditor  to  proceed  against  the 
principal,  or  to  pursue  any  other  remedy  in  his  power  which  the 
surety  cannot  himself  pursue,  and  which  would  lighten  his  burden; 
and  if  in  such  case  the  creditor  neglects  to  do  so,  the  surety  is  exon- 
erated to  the  extent  to  which  he  is  therebj^  prejudiced. 

Cues  s-Reeeeen  ce 

Mere  delay  by  creditor  to  pursue  principal  does  not  discliarge  surety,  see 
sections  2115  and  2135  (1)  of  this  title. 

2143.  Surety  may  compel  principal  to  perform  obligations,  when 
doe. — A  surety  may  compel  his  principal  to  perform  the  obligation 

when  due. 

Ceoss-Reeferences 

Substitute  for  equitable  action,  see  section  2142  of  this  title. 
Action  under  this  section  provided  for,  see  title  4,  section  056. 

2144.  A  principal  bound  to  reimburse  his  surety. — If  a  surety 
satisfies  the  principal  obligation,  or  any  part  thereof,  whether  with 
or  without  legal  proceedings,  the  principal  is  bound  to  reimburse 
Avhat  he  has  disbursed,  inclucling  necessary  costs  and  expenses;  but 
the  sureij'^  has  no  claim  for  reimbursement  against  other  persons, 
though  they  may  have  been  benefited  by  his  act,  except  as  prescribed 
by  the  section  next  following. 

2145.  The  surety  acquires  the  right  of  the  creditor. — A  surety, 
upon  satisfjdng  the  obligation  of  the  principal,  is  entitled  to  enforce 
every  remedy  which  the  creditor  then  has  against  the  principal  to 
the  extent  of  reimbursing  what  he  has  expended,  and  also  to  require 


253 


T.  3,  §  2146] 


THE  CIVIL  CODE 


all  his  cosureties  to  contribute  thereto,  without  regard  to  the  order 
of  time  in  which  they  became  such. 

Ceoss-Reference 

Subrogation  of  surety  paying,  see  title  4,  sections  610  and  96t>. 

2146.  Surety  entitled  to  benefit  of  securities  held  by  creditor. — 

A  surety  is  entitled  to  the  benefit  of  every  security  for  the  perform- 
ance of  the  principal  obligation  held  by  the  creditor,  or  by  a  cosurety 
at  the  time  of  entering  into  the  contract  of  suretyship,  or  acquired  by 
him  afterwards,  whether  the  surety  was  aware  of  the  security  or  not. 

2147.  The  property  of  principal  to  be  taken  first. — ^Whenever 
property  of  a  surety  is  hypothecated  with  property  of  the  principal, 
the  surety  is  entitled  to  have  the  property  of  the  principal  first 
applied  to  the  discharge  of  the  obligation. 

ARTICLE  4.— RIGHTS  OF  CREDITORS 

2151.  Creditor  entitled  to  benefit  of  securities  held  by  surety. — 

A  creditor  is  entitled  to  the  benefit  of  everything  which  a  surety 
has  received  from  the  debtor  by  way  of  security  for  the  performance 
of  the  obligation,  and  may,  upon  maturity  of  the  obligation,  compel 
the  application  of  such  security  to  its  satisfaction. 

ARTICLE  5.— LETTER  OF  CREDIT 


Sec. 

2161.  Letter  of  credit,  what. 

2162.  How  addressed. 

2163.  Liability  of  the  writer. 

2164.  Letters    of    credit    either    general    or 

special. 

2165.  Nature  of  general  letter  of  credit. 


Sec. 

2166.  Extent  of  general   letter  of  credit. 

2167.  A  letter  of  credit  may  be  a  continu- 

ing guaranty. 

2168.  When  notice  to  the  writer  nece.ssary. 

2169.  The  credit  given  must  agree  with  the 

terms  of  the  letter. 


2161.  Letter  of  credit,  what. — A  letter  of  credit  is  a  written  in- 
strument, addressed  by  one  person  to  another,  requesting  the  latter 
to  give  credit  to  the  person  in  whose  favor  it  is  drawn. 

2162.  How  addressed. — A  letter  of  credit  may  be  addressed  to 
several  persons  in  succession. 

2163.  Liability  of  the  writer. — The  writer  of  a  letter  of  credit  is, 
upon  the  default  of  the  debtor,  liable  to  those  who  gave  credit  in 
compliance  with  its  terms. 

Ceoss-Reference 

When  notice  to  the  writer  necessary,  see  section  2168  of  this  title. 

2164.  Letters  of  credit  either  general  or  special. — A  letter  of 
credit  is  either  general  or  special.  When  the  request  for  credit  in  a 
letter  is  addressed  to  specified  persons  by  name  or  description,  the 
letter  is  special.     All  other  letters  of  credit  are  general. 

Cross-Reference 

Credit  to  correspond  with  terms  of  letter,  see  section  21G9  of  this  title. 

2165.  Nature  of  general  letter  of  credit. — A  general  letter  of 
credit  gives  any  person  to  whom  it  may  be  shown  authority  to  comply 


254 


THE  CIVIL  CODE 


[T.  3,  §  2174 


with  its  request,  and  by  his  so  doing  it  becomes,  as  to  him,  of  the 
same  effect  as  if  addressed  to  him  by  name. 

2166.  Extent  of  general  letter  of  credit. — Several  persons  may 
successively  give  credit  upon  a  general  letter. 

2167.  A  letter  of  credit  may  be  a  continuing  guaranty. — If  the 

parties  to  a  letter  of  credit  appear,  by  its  terms,  to  contemplate  a 
course  of  future  dealing  between  the  parties,  it  is  not  exhausted  by 
giving  a  credit,  even  to  the  amount  limited  by  the  letter,  which  is 
subsequently  reduced  or  satisfied  by  payments  made  by  the  debtor, 
but  is  to  be  deemed  a  continuing  guaranty. 

2168.  When  notice  to  the  writer  necessary. — The  writer  of  a  let- 
ter of  credit  is  liable  for  credit  given  upon  it  without  notice  to  him, 
unless  its  terms  express  or  imply  the  necessity  of  giving  notice. 

2169.  The  credit  given  must  agree  with  the  terms  of  the  let- 
ter.— If  a  letter  of  credit  prescribes  the  persons  by  whom,  or  the 
mode  in  which,  the  credit  is  to  be  given,  or  the  term  of  credit,  or 
limits  the  amount  thereof,  the  writer  is  not  bound  except  for  trans- 
actions which,  in  these  respects,  conform  strictly  to  the  terms  of  the 
letter. 

CHAPTER  62.— LIENS  IN  GENERAL 


Art.  Sec. 

1.  Definition  of  liens 2171 

2.  Creation  of  liens 2181 

3.  Effect  of  liens 2191 


Art.  Sec. 

4.  Priority   of  liens 2201 

5.  Redenoiption  from  liens 2211 

6.  Extinction  of  liens 2221 


ARTICLE  1.— DEFINITION  OF  LIENS 


Sec. 

2171.  Lien,  what. 

2172.  Liens,  general  or  special. 

2173.  General  lien,  what. 

2174.  Special  lien,  what. 


Sec. 

2175.  Prior  liens. 

2176.  Contracts    subject    to    provisions    of 

this  chapter. 


Section  2171.  Lien,  what. — A  lien  is  a  charge  imposed  in  some 
mode  other  than  by  a  transfer  in  trust  upon  specific  property  by 
which  it  is  made  security  for  tlip  performance  of  an  act. 

2172.  Liens,  general  or  special. — Liens  are  either  general  or 
special. 

2173.  General  lien,  what. — A  general  lien  is  one  which  the  holder 
thereof  is  entitled  to  enforce  as  a  security  for  the  performance  of  all 
the  obligations,  or  all  of  a  particular  class  of  obligations,  which 
exist  in  his  favor  against  the  owner  of  the  property. 

Cross-Rbfeeences 

Banker,  see  section  2315  of  this  title. 
Factors,  lien,  see  section  2314  of  this  title. 
Lien  for  services,  see  section  2311  of  this  title. 

2174.  Special  lien,  what. — A  special  lien  is  one  which  the  holder 
thereof  can  enforce  only  as  security  for  the  performance  of  a  par- 


255 


T.  3,  §  2175]  THE  CIVIL  CODE 

ticular  act  or  obligation,  and  of  such  obligations  as  may  be  incidental 
thereto. 

Ceoss-Refebences 

Mortgage  is  a  special  lien  unless  otherwise  agreed,  see  section  2233  of  this 
title. 

Rights  where  prior  lieu  discharged,  see  section  2175  of  this  title. 

Special  lien  of  otiicer  levying  attachment  on  execution,  see  section  2316  of 
this  title. 

Special  lien  on  personalty  for  services,  see  section  2311  of  this  title. 

Special  lien  of  seller  of  person:ilty,  see  section  1033  of  this  title. 

2175.  Prior  liens. — Where  the  holder  of  a  special  lien  is  compelled 
to  satisfy  a  jirior  lien  for  his  own  protection,  he  may  enforce  pay- 
ment of  the  amount  so  paid  b}^  him,  as  a  part  of  the  claim  for  which 
his  own  lien  exists. 

2178.  Contracts  subject  to  provisions  of  this  chapter. — Con- 
tracts of  mortgage  and  pledge  are  subject  to  all  the  provisions  of 
this  chapter. 

ARTICLE  2.— CREATION  OF  LIENS 

Sec.  I    Sec. 

2181.  Lien,  how  created.  2183.  Lien   on  future   interest. 

2182.  No  lien  for  claim  not  due.  |   2184.  Lien   may  be   created    by   contract. 

2181.  Lien,  how  created. — A  lien  is  created: 

1.  By  contract  of  the  parties;  or 

2.  By  operation  of  law. 

2182.  No  lien  for  claim  not  due. — No  lien  arises  by  mere  opera- 
tion of  law  until  the  time  at  which  the  act  to  be  secured  thereby 
ought  to  be  performed. 

2183.  Lien  on  future  interest. — An  agreement  may  be  made  to 
create  a  lien  upon  property  not  yet  acquired  by  the  party  agreeing 
to  give  the  lien,  or  not  yet  in  existence.  In  such  case  the  lien  agi'eed 
for  attaches  from  the  time  when  the  party  agreeing  to  give  it  acquires 
an  interest  in  the  thing,  to  the  extent  of  such  interest. 

2184.  Lien  may  be  created  by  contract. — A  lien  may  be  created 
by  contract,  to  take  immediate  effect,  as  security  for  the  performance 
of  obligations  not  then  in  existence. 

ARTICLE  3.— EFFECT  OF  LIENS 


Sec. 

2191.  Lien,   or   contract   for  lien,   transf(-rs 

no  title. 

2192.  Certain   contracts  void. 

2193.  Creation  of  lien   does   not  imply  per- 

sonal obligation. 


Sec. 

2194.  Extent  of  lien. 

2195.  Holder   of   lien    not   entitled    to   com- 

pensation. 


2191.  Lien,  or  contract  for  lien,  transfers  no  title. — Notwith- 
.standing  an  agreement  to  the  contrary,  a  lien,  or  a  contract  for  a  lien, 
transfers  no  title  to  the  property  subject  to  the  lien. 

Cross-Refekence 
Mortgage  gives  no  right  to  possession,  see  section  2237  of  tliis  title. 

256 


THE  CIVIL  CODE  [T.  3,  §  2202 

2192.  Certain  contracts  void. — All  contracts  for  the  forfeiture  of 
property  subject  to  a  lien,  in  satisfaction  of  (he  oblif^'ation  secured 
therebj'^  and  all  contracts  in  restraint  of  the  right  of  redemption  from 
a  lien,  are  void. 

2193.  Creation  of  lien  does  not  imply  personal  obligation. — The 

creation  of  a  lien  does  not  of  itself  iini)ly  that  any  person  is  bound  to 
perform  the  act  for  which  the  lien  is  a  security. 

Cross-Reference 
See.  also,  sections  2221,  2238,  and  2295  of  this  title. 

2194.  Extent  of  lien. — The  existence  of  a  lien  upon  property  does 
not  of  itself  entitle  the  person  in  whose  favor  it  exists  to  a  lien  upon 
the  same  property  for  the  performance  of  any  other  obligation  than 
that  which  the  lien  originally  secured. 

2195.  Holder  of  lien  not  entitled  to  compensation. — One  who 

holds  property  by  virtue  of  a  lien  thereon  is  not  entitled  to  compen- 
sation from  the  owner  thereof  for  any  trouble  or  expense  which  he 
incurs  respecting  it,  except  to  the  same  extent  as  a  borrower,  under 
sections  1239  and  1240  of  this  title. 

ARTICLE  4.— PRIORITY  OF  LIENS 

Sec.  I    Sec. 

2201.  Pi-iority  of  liens.  I    2202.  Order  of  resort  to  different  funds. 

2201.  Priority  of  liens. — Other  things  being  equal,  different  liens 
upon  the  same  property  have  priority  according  to  the  time  of  their 
creation,  except  in  cases  of  bottomry  and  respondentia. 

2202.  Order  of  resort  to  different  funds. — Where  one  has  a  lien 
upon  several  things,  and  other  persons  have  subordinate  liens  upon, 
or  interests  in,  some  but  not  all  of  the  same  things,  the  person  hav- 
ing the  prior  lien,  if  he  can  do  so  without  risk  of  loss  to  himself 
01'  of  injustice  to  other  persons,  must  resort  to  the  property  in  the 
folloAving  order,  on  the  demand  of  any  party  interested : 

1.  To  the  things  upon  which  he  has  an  exclusive  lien; 

2.  To  the  things  which  are  subject  to  the  fewest  subordinate  liens ; 

3.  In  like  manner  inversely  to  the  number  of  subordinate  liens 
upon  the  same  things ;  and 

4.  When  several  things  are  within  one  of  the  foregoing  classes,  and 
subject  to  the  same  number  of  liens,  resort  must  be  had — 

(1)  To  the  things  which  have  not  been  transferred  since  the  prior 
lien  was  created ; 

(2)  To  the  things  which  have  been  so  transferred  without  a 
valuable  consideration ;  and 

(3)  To  the  tilings  which  have  been  so  transferred  for  a  valuable 
consideration  in  the  inverse  order  of  the  transfer. 

Ckoss-Reference 
Marshaling  of  assets,  see  section  2755  of  this  title. 


257 


T.  3,  §  2211] 


THE  OIVIL  CODE 


ARTICLE  5.— REDEMPTION  FROM  LIENS 


Sec. 

2211.  Right  to  redeem ;  subrogation. 

2212.  Rights  of  inferior  lienor. 


Sec. 

2213.  Redemption  from  lien,  how  made. 


2211.  Right  to  redeem;  subrogation. — Every  person,  having  an 
interest  in  property  subject  to  a  lien,  has  the  right  to  redeem  it  from 
the  lien  at  any  time  after  the  claim  is  due  and  before  his  right  of 
redemption  is  foreclosed,  and,  by  such  redemption,  becomes  sub- 
rogated to  all  the  benefits  of  the  lien,  as  against  all  owners  of  other 
interests  in  the  property,  except  insofar  as  he  was  bound  to  make 
such  redemption  for  their  benefit. 

Ceoss-Rei'erences 

Pledgor's  right  of  redemption  may  be  foreclosed,  see  section  2306  of  this 
title. 

Redemption  from  execution  sale,  see  title  4,  section  602. 

2212.  Rights  of  inferior  lienor. — One  who  has  a  lien  inferior  to 
another,  upon  the  same  property,  has  a  right : 

1.  To  redeem  the  property  in  the  same  manner  as  its  owner  might, 
from  the  superior  lien ;  and 

2.  To  be  subrogated  to  all  the  benefits  of  the  superior  lien,  when 
necessary  for  the  protection  of  his  interests,  upon  satisfying  the 
claim  secured  thereby. 

2213.  Redemption  from  lien,  how  made. — Redemption  from  a 
lien  is  made  by  performing,  or  offering  to  perform,  the  act  for  the 
performance  of  which  it  is  a  security,  and  paying,  or  offering  to  pay, 
the  damages,  if  any,  to  which  the  holder  of  the  lien  is  entitled  for 
delay. 

Cross-Referencb 

Offer  to  perform,  see  section  731  of  this  title. 

ARTICLE  6.— EXTINCTION  OF  LIENS 


Sec. 

2221.  Lion    deemed    accessory    to    the 

whose  performance  it  secures. 

2222.  Extinction  by   sale  or  conversion. 


act 


Sec. 

2223.  Lien    extinguished    hy    lapse    of   time 

under    statute    of  "limitations. 

2224.  Apportionment  of  lien. 

2225.  When  restoration  extinguishes  lien. 


2221.  Lien  deemed  accessory  to  the  act  whose  performance  it 
secures. — A  lien  is  to  be  deemed  accessory  to  the  act  for  the  per- 
formance of  which  it  is  a  security,  whether  any  person  is  bound  for 
such  performance  or  not,  and  is  extinguishable  in  like  manner  with 
any  other  accessory  obligation. 

Ckoss-Refeeence 

Assignment  of  debt,  see  section  2246  of  this  title. 

2222.  Extinction  by  sale  or  conversion. — The  sale  of  any  property 
on  which  there  is  a  lien,  in  satisfaction  of  the  claim  secured  thereby 
or  in  case  of  personal  property,  its  wrongful  conversion  by  the  person 
holding  the  lien,  extinguishes  the  lien  thereon. 

Ckoss-Reference 
Sale  of  property  by  lien  holder,  see  section  2313  of  this  title. 

258 


THE  CIVIL  CODE 


[T.  3,  §  2233 


2223.  Lien  extinguished  by  lapse  of  time  under  statute  of  limi- 
tations.— A  lien  is  extinguished  by  the  lapse  of  the  time  within 
which,  under  the  provisions  of  Title  4,  The  Code  of  Civil  Procedure, 
an  action  can  be  brought  upon  the  principal  obligation. 

Cboss-Refekench 
Limitation  of  actions,  see  title  4,  sections  81  et  seq. 

2224.  Apportionment  of  lien. — The  partial  performance  of  an  act 
secured  by  a  lien  does  not  extinguish  the  lien  upon  any  part  of  the 
property  subject  thereto,  even  if  it  is  divisible. 

2225.  When  restoration  extinguishes  lien. — The  voluntary  resto- 
ration of  property  to  its  owner  by  the  holder  of  a  lien  thereon  de- 
pendent upon  possession  extinguishes  the  lien  as  to  such  property, 
unless  otherwise  agreed  by  the  parties,  and  extinguishes  it,  notwith- 
standing any  such  agreement,  as  to  creditors  of  the  owner  and  persons 
subsequently  acquiring  a  title  to  the  property,  or  a  lien  thereon,  in 
good  faith,  and  for  value. 

Ckoss-Refebence 
Lien  dependent  on  possession,  see  section  2311  of  this  title. 


CHAPTER  63.— MORTGAGE 


Art.  Sec. 

1.  Mortgages  in   general 2231 


Art. 

2.   Mortgages  of  personal  property. 


Sec. 

2261 


ARTICLE  1.— MORTGAGES  IN  GENERAL 


Sec. 

2231.  Mortgage,  what. 

2232.  To  be  in  writing. 

2233.  Lien  of  a  mortgage,  when  special. 

2234.  Transfer,      when      mortgage,      when 
pledge. 

Transfer  made  subject  to  defeasance 

may  be  proved. 
Mortgage,  on  what  a  lien. 
Mortgage  does  not  entitle  mortgagee 

to  possession. 

2238.  Mortgage    not   a    personal   obligation. 

2239.  Waste. 

2240.  Subsequently  acquired  title  inures  to 

mortgagee. 

2241.  Power  of  sale. 


2235 


2236 
2237 


Sec. 

2242.  Power    of    attorney    to    execute. 

2243.  Mortgage,     when    void    as    to     third 

persons. 

2244.  Recording  assignment  of  mortgage. 

2245.  Recording     assignment     of    mortgage 

not  notice  to  mortgagor. 

2246.  Mortgage    passes    by    assignment    of 

debt. 

2247.  Mortgage,   how   discharged. 

2248.  Same. 

2249.  Duty    of    mortgagee    on    satisfaction 

of  mortgage. 

2250.  Provisions    of    this    chapter    do    not 

affect  bottomry  or   respondentia. 


Section  2231.  Mortgage,  what. — Mortgage  is  a  contract  by  which 
specific  property  is  hypothecated  for  the  performance  of  an  act,  with- 
out the  necessity  of  a  change  of  possession. 

Cross-Refeeencbs 

Actual  transfer  of  possession  of  personalty  would  change  it  into  a  pledge,  see 
section  2234  of  this  title. 

Mortgage  not  a  conveyance,  see  title  4,  section  667. 

2232.  To  be  in  writing. — A  mortgage  can  be  created,  renewed,  or 
extended,  only  by  writiftg,  subscribed  by  the  party  to  be  charged  or 
by  his  agent  thereunto  authorized  in  writing. 

2233.  Lien  of  a  mortgage,  when  special. — The  lien  of  a  mortgage 
is  special,  unless  otherwise  expressly  agreed,  and  is  independent  of 
possession. 

Ceos  s-Reference 

Special  lien,  definition,  see  section  2174  of  this  title. 


259 


T.  3,  §  2234]  THE  CIVIL  CODE 

2234.  Transfer,  when  mortgage,  when  pledge. — Every  transfer 
of  an  interest  in  property,  other  than  in  trust,  made  only  as  a  security 
for  the  performance  of  another  act,  is  to  be  deemed  a  mortgage,  ex- 
cept when  it  is  accompanied  by  actual  change  of  possession,  in  which 
case  it  is  to  be  deemed  a  pledge. 

Ckoss-Ref1'::sences 

Deed  absolute  on  its  face,  when  a  mortgage,  see  section  2235  of  this  title. 
Mortgage  not  a  conveyance,  see  title  4,  section  667. 

2235.  Transfer  made  subject  to  defeasance  may  be  proved. — 

The  fact  that  a  transfer  v;as  made  subject  to  defeasance  on  a  condi- 
tion, may,  for  the  purpose  of  showing  such  transfer  to  be  a  mort- 
gage, be  proved  (except  as  against  a  subsequent  purchaser  or  en- 
cumbrancer for  value  and  without  notice),  though  the  fact  does 
not  appear  by  the  terms  of  the  instrument. 

Cross-Reference 
Transfer,  when  mortgage,  wlien  pledge,  see  section  2_34  of  this  title. 

2236.  Mortgage,  on  what  a  lien. — A  mortgage  is  a  lien  upon 
everything  that  would  pass  by  a  grant  of  the  property. 

Cross-References 

Fixtures,  generally,  see  section  257  of  this  title. 
Growing  crops,  see  section  2272  of  this  title. 

2237.  Mortgage  does  not  entitle  mortgagee  to  possession. — A 

mortgage  does  not  entitle  the  mortgagee  to  the  possession  of  the 
property,  imless  authorized  by  the  express  terms  of  the  mortgage; 
but  after  the  execution  of  the  mortgage  the  mortgagor  may  agree 
to  such  change  of  possession  without  a  new  consideration. 

Cross-References 

Mortgagee's  possession,  see  sections  2231  and  2233  of  this  title. 
Foreclosure  necessary  to  erititle  mortgagee  to  possession,  see  title  4,  section 
667. 

2238.  Mortgage  not  a  personal  obligation. — A  mortgage  does  not 

bind  the  mortgagor  personally  tO'  perform  the  act  for  the  perform- 
ance of  which  it  is  a  security,  unless  there  is  an  express  convenant 
therein  to  that  effect. 

2239.  Waste. — No  person  whose  interest  is  subject  to  the  lien  of 
a  mortgage  may  do  any  act  which  will  substantially  impair  the 
mortgagee's  security. 

Cross-Refekence 

Damages  recoverable  by  purchaser  at  sale,  for  injuries  by  tenant,  see  title 
4,  section  669. 

2240.  Subsequently  acquired  title  inures  to  mortgagee. — Title 

acquired  by  the  mortgagor  subsequent  to  the  execution  of  the  mort- 
gage, inures  to  the  mortgagee  as  security  for  (lie  debt  in  like  manner 
as  if  acquired  before  the  execution. 

260 


THr]  CIVIL  com:  [t.  s,  §2248 

2*^41  Power  of  sale.— A  power  of  sale  may  be  conferred  by  a 
mortgage  upon  the  mortgagee  or  any  other  person,  to  be  exercised 
after  a  breach  of  the  obligation  for  which  the  mortgage  is  a  security. 

2242.  Power  of  attorney  to  execute.— A  power  of  attorney  to 
execute  a  mortgage  must  be  in  writing,  subscribed,  acknowledged 
or  proved,  and  certified  in  the  manner  prescribed  111  chapter  zZ  ol 
this  title,  and  recorded  in  the  office  of  the  registrar  ot  property. 

Ceoss-Refeicence 

Authorization,  generallj',  see  section  1G26  ol"  this  title. 

2243.  Mortgage,  when  void  as  to  third  persons.— A  mortgage  of 
property  is  void  as  against  creditors  of  the  mortgagor  and  sub>sequent 
purchasers  and  encumbrancers  of  the  property  in  good  faith  for 
value,  unless  it  is  acknowledged  or  proved  and  certuied  m  the  nianner 
prescribed  in  chapter  22  of  this  title,  and  recorded  m  the  office  ol 
the  registrar  of  property  of  the  Canal  Zone. 

Cross-Reference 
Clerk    of    district    court    as    ex-officio    registrar    of    property,    see    title    4, 
section  967. 

2244.  Recording  assignment  of  mortgage.— An  assignment  of  a 
mortgage  may  be  recorded  in  Jike  manner  as  a  mortgage,  and  such 
record  Operates  as  notice  to  all  persons  subsequently  deriving  title 
to  the  mortgage  from  the  assignor. 

2245.  Recording  assignment  of  mortgage  not  notice  to  mort- 
gagor.—When  the  mortgage  is  executed  as  security  for  money  due, 
or  to  become  due,  on  a  promissory  note,  bond,  or  other  instrument 
clesicrnated  in  the  mortgage,  the  record  of  the  assignment  ot  the 
morto-age  is  not,  of  itself,  notice  to  a  mortgagor,  his  heirs,  or  personal 
repre^lentatives,  so  as  to  invalidate  any  payment  made  by  them  or 
either  of  them,  to  the  person  holding  such  note,  bond,  or  other 
instrument. 

2246.  Mortgage  passes  by  assignment  of  debt,— The  assignment 
of  a  debt  secured  by  mortgage  carries  with  it  the  security. 

22^7.  Mortgage,  how  discharged.— A  recorded  mortgage  may  be 
discharged  by  an  entry  in  the  margin  of  the  record  thereof,  signeri 
bv  the"  mortgagee,  or  his  personal  representative  or  assignee^ 
acknowledging  the  satisfaction  of  the  mortgage  m  the  presence  ot 
the  registrar  of  property,  who  must  certify  the  acknowledgment  m 
form  substantially  as  follows:  "Signed  and  acknowieclged  before 

me,  this day  of ,  in  the  year .     A.  B.,  Registrar 

of  Property." 

2248.  Same,— A  recorded  mortgage,  if  not  discharged  as  provided 
in  the  next  preceding  section,  must  be  discharged  upon  tne  record  by 
the  officer  having  custody  thereof,  on  the  presentation  to  him  ot  a 
certificate  signed  by  the  mortgagee,  his  personal  representatives  or 
assions,  acknowledged  or  proved  and  certified  as  prescribed  l^J  pnap- 
ter  22  of  this  title,  stating  that  the  mortgage  has  been  paid,  satisfaed, 
or  discharged. 


261 


T.  3,  §  2249] 


THE  CIVIL  CODE 


2249.  Duty  of  mortgagee  on  satisfaction  of  mortgage. — When 

any  mortgage  has  been  satisfied,  the  mortgagee  or  his  assignee 
must  immediately,  on  the  demand  of  the  mortgagor,  execute,  acknowl- 
edge, and  deliver  to  him  a  certificate  of  the  discharge  thereof,  so 
as  to  entitle  it  to  be  recorded,  or  he  must  enter  satisfaction,  or  cause, 
satisfaction  of  such  mortgage  to  be  entered  of  record;  and  any 
mortgagee,  or  assignee  of  such  mortgagee,  who  refuses  to  execute, 
acknowledge,  and  deliver  to  the  mortgagor  the  certificate  of  dis- 
charge, or  to  enter  satisfaction,  or  cause  satisfaction  of  the  mortgage 
to  be  entered,  as  provided  in  this  chapter,  is  liable  to  the  mortgagor, 
or  his  grantee  or  heirs,  for  all  damages  which  he  or  they  may  sustain 
by  reason  of  such  refusal,  and  shall  also  forfeit  to  him  or  them 
the  sum  of  one  hundred  dollars. 

2250.  Provisions  of  this  chapter  do  not  aflfect  bottomry  or  re- 
spondentia.— Contracts  of  bottomry  or  respondentia,  although  in  the 
nature  of  mortgages,  are  not  affected  by  any  of  the  provisions  of 
this  chapter. 

ARTICLE  L'.— MORTGAGES  OF  PERSONAL  PROPERTY 


Sec. 

2261.  What     personal     property     may     be 

mortsagtHi. 

2262.  Mortgage   of   stock   in   trade   of   mer- 

chant. 

2263.  Form  of  personal   mortgage. 

2264.  When  void  as  to  third  persons. 
22G5.  Books     to      be     kept      for     personal 

mortgages. 

2266.  Removing    mortgaged    property    from 

Canal  Zone. 

2267.  How  foreclosed. 


Sec. 

2268 


Mortgaged    property    may    be    levied 
upon. 

2269.  Attachment  and  executions  on  mort- 

gaged   personal   property. 

2270.  Application  of  proceeds  of  sale. 

2271.  Certain    sections    not    applicable    to 

mortgage  of  certain   ships. 

2272.  Continuance   of   lien   of   mortgage   on 

crops. 

2273.  Validity  of  certain  mortgages. 


2261.  What  personal  property  may  be  mortgaged. — Mortgages 
may  be  made  upon  all  growing  crops,  including  fruit,  and  upon 
any  and  all  kinds  of  personal  property,  except  articles  of  wearing 
apparel  and  personal  adornment. 

Ckos  s-Referen  ce 

As  to  the  validity  of  mortgages  on  excepted  property,  see  section  2273  of  this 
title. 

2262.  Mortgage  of  stock  in  trade  of  merchant. — Where  a  mort- 
gage is  made  upon  the  stock  in  trade  of  a  merchant,  it  shall  be 
deemed,  in  the  absence  of  a  contrary  intention,  to  cover  goods  sub- 
sequently acquired;  and  purchasers  from  the  mortgagor  in  good 
faith  and  in  the  usual  course  of  business  shall  not  be  liable  to  the 
mortgagee. 

2263.  Form   of   personal   mortgage. — A   mortgage   of   personal 

property  may  be  made  in  substantially  the  following  form : 

This  mortgage,  made  the  day  of  ,  in  the  year  ,  by 

A  B,  of ,  by  occupation  a ,  mortgagor,  to  C  D,  of ,  by 

occupation  a ,  mortgagee,  witnesseth  : 

That  the  mortgagor  mortgages  to  the  mortgagee   (here  describe 

the  property),  as  security  for  the  payment  to  him  of dollars,  on 

(or  before)   the  day  of  ,  in  the  year  ,  with  interest 

thereon   (or,  as  security  for  the  payment  of  a  note  or  obligation, 

describing  it,  and  so  forth)  A  B. 


262 


\  THE  CIVIL  CODE  [T.  3,  §  2269 

2284.  When  void  as  to  third  persons. — A  mortgage  of  personal 
proj^erty  is  void  as  against  creditors  of  the  mortgagor  and  subse- 
quent purchasers  and  encumbrancers  of  the  property  in  good  faith 
and  for  value,  unless: 

1.  It  is  accompanied  by  the  affidavit  of  all  the  parties  thereto 
that  it  is  made  in  good  faith  and  without  any  design  to  hinder, 
delay,  or  defraud  creditors; 

2.  It  is  acknowledged  or  proved  and  certified  in  the  manner  pre- 
scribed in  chapter  22  of  this  title,  and  recorded  in  the  office  of  the 
registrar  of  property  of  the  Canal  Zone. 

2265.  Books  to  be  kept  for  personal  mortgages. — Mortgages  of 
personal  property  must  be  recorded  in  books  kept  for  personal 
mortgages  exclusively. 

Ckoss-Reference 

Planner  of  acknowl^ging,  proving,  certifying,  and  recording,  see  section  2264 
of  this  title. 

2266.  Removing  mortgaged  property  from   Canal   Zone. — No 

mortgagor  shall  remove  or  permit  the  removal  of  mortgaged  prop- 
erty from  the  Canal  Zone  without  the  written  consent  of  the  mort- 
gagee. 

2267.  How  foreclosed. — A  mortgagee  of  personal  property,  when 

the  debt  to  secure  which  the  mortgage  was  executed  becomes  due, 
may  foreclose  the  mortgagor's  right  of  redemption  by  a  sale  of  the 
property,  made  in  the  manner  and  upon  the  notice  prescribed  by 
chapter  64  of  this  title  on  "  pledge  ",  or  by  proceedings  under  Title 
4,  The  Code  of  Civil  Procedure. 

Ckoss-References 

Actual  notice  required,  see  section  2297  of  tliis  title. 
Sale  of  pledge,  see  sections  2295  et  seq.,  of  this  title. 
Foreclosure,  see  title  4,  sections  641  to  644. 

2268.  Mortgaged  property  may  be  levied  upon. — Personal  prop- 
erty mortgaged  may  be  taken  under  attachment  or  execution  issued 
at  the  suit  of  a  creditor  of  the  mortgagor. 

2269.  Attachment  and  executions  on  mortgaged  personal  prop- 
erty.— Before  the  property  is  so  taken  the  officer  must  pay  or  tender 
to  the  mortgagee  the  amount  of  the  mortgage  debt  and  interest 
or  must  deposit  the  amount  thereof  with  the  registrar  of  property, 
payable  to  the  order  of  the  mortgagee:  Provided^  however^  That 
when  an  attachment  or  execution  creditor  presents  to  the  officer  a 
verified  statement  that  the  mortgage  is  void  or  invalid  for  reasons 
therein  specified  and  delivers  to  the  officer  a  good  and  sufficient 
indemnity  bond  in  double  the  amount  of  the  mortgage  debt  or  double 
the  value  of  the  mortgaged  property,  as  the  officer  may  determine 
and  require,  the  officer  shall  take  the  property,  and,  in  the  case  of  an 
execution,  sell  it  in  the  manner  provided  by  law. 

The  bond  shall  be  made  to  both  the  officer  and  the  mortgagee  and 
shall  indemnify  them  and  each  of  them  for  the  taking  of  the  prop- 
erty against  loss,  liability,  damages,  costs,  and  counsel  fees. 

Choss-Reference 
Measure  of  special  owner's  damage  for  conversion,  see  section  2664  of  this 
title. 

263 


T.  3,  §  2270] 


THE  CIVIL  CODE 


2270.  Application  of  proceeds  of  sale. — When  the  property  is 
taken  after  payment  or  tender  of  deposit  as  provided  for  in  section 
2269  of  this  title,  and  is  sold  under  process  the  officer  must  apply 
the  proceeds  of  the  sale  as  follows : 

1.  To  the  repayment  of  the  sum  paid  to  the  mortgagee,  with 
interest  from  the  date  of  such  payment;  and 

2.  The  balance,  if  any,  in  like  manner  as  the  proceeds  of  sales 
under  execution  are  applied  in  other  cases. 

When  the  property  is  taken  after  presentation  to  the  officer  of 
the  verified  statement  and  bond  mentioned  in  the  proviso  in  section 
2269  and  is  sold  under  process  the  officer  must  apply  the  proceeds 
of  the  sale  as  follows : 

1.  To  the  satisfaction  of  the  amount  specified  in  the  process 
including  interest  and  costs ;  and 

2.  The  balance,  if  any,  in  like  manner  as  the  proceeds  of  sales 
under  execution  are  applied  in  other  cases.  • 

2271.  Certain  sections  not  applicable  to  mortgage  of  certain 

ships. — Sections  2264  to  2266  of  this  title  do  not  apply  to  any  mort- 
gage of  a  ship  or  part  of  a  ship  under  the  flag  of  the  United  States. 

2272.  Continuance  of  lien  of  mortgage  on  crops. — The  lien  of  a 
mortgage  on  a  growing  crop  continues  on  the  crop  after  severance, 
whether  remaining  in  its  original  state  or  converted  into  another 
product,  so  long  as  the  same  remains  on  the  land  of  mortgagor. 

2273.  Validity  of  certain  mortgages. — Mortgages  of  personal 
property,  other  than  that  mentioned  in  section  2261  of  this  title, 
and  mortgages  not  made  in  conformity  with  the  provisions  of  this 
article,  are  nevertheless  valid  between  the  parties,  their  heirs, 
legatees,  and  personal  representatives,  and  persons  who,  before  part- 
ing with  value,  have  actual  notice  thereof. 

CHAPTER  64.— PLEDGE 


Sec. 

2281. 

22S2. 

2283. 

2284. 
2285. 

2286. 


2287. 
22S;8. 
2289. 

2290. 
2291. 

2292. 


riedge,  what. 

WhPD    contract    is    to    bo    deemed    a 

pledge. 
Delivery     essential     to     validity     of 

pledge. 
Increase  of  thing. 
Lienor  may  pledge  property  to  extent 

of  his  lien. 
Real   owner   cannot    defeat   pledge   of 

property    transferred    to    apparent 

owner   for    the    purpose   of   pledge. 
Pledge  lender,  what. 
Pledge  holder,  what. 
When    pledge    lender    may    wilhdraw 

property   pledged. 
Ohligations  of  pledge  holder. 
Pledge    holder    must    enforce    rights 

I  if  pledgee. 
Obligation     of     pledgee     and     pledge 

holder,  for  reward. 


Sec. 

2293.  Gratuitous  pledge  holder. 

2294.  Debtor's    misrepresentation    of    value 

of  pledge. 

2295.  When  pledgee  may  sell. 

2296.  Sale   of  pledged  property. 

2297.  Notice  of  sale  of  pledgor. 

2298.  Waiver  of  notice  of  sale. 

2299.  Waiver  of  demand. 

2300.  Sale  uf  pledged  prop«'rty,  manner  of. 

2301.  Pledgee's  sale  of  securities. 

2302.  Sale  on  the  dem;ind  of  the  pledgor. 

2303.  Surplus  to  be  paid  to  pledgor. 

2304.  Plcilgee    may     retain    all     that     can 

become  due. 

2305.  Pli-dgee    or    pledge    holder    may    pur- 

chase. 

2306.  Pledgee    may    foreclose    right    of    re- 

demption. 


Section  2281.  Pledge,  what. — Pledge  is  a  deposit  of  personal  prop- 
erty by  way  of  security  for  the  performance  of  another  act. 

Ckoss-Rkfebence 
Increase  of  property  pledged,  see  section  2284  of  this  title 


264 


THE  CIVIL  CODE  [T.  3,  §  2292 

2282.  When  contract  is  to  be  deemed  a  pledge. — Every  contract 

by  -which  the  possession  of  personal  property  is  transferred,  as 
security  only,  is  to  be  deemed  a  pledge. 

2283.  Delivery  essential  to  validity  of  pledge. — The  lien  of  a 

pledge  is  dependent  on  possession,  and  no  pledge  is  valid  until  the 
property  pledged  is  delivered  to  the  pledgee,  or  to  a  pledge  holder, 
as  hereinafter  prescribed. 

2284.  Increase  of  things. — The  increase  of  property  pledged  is 
pledged  with  the  property. 

2285.  Lienor  may  pledge  property  to  extent  of  his  lien. — One 

who  has  a  lien  upon  property  may  pledge  it  to  the  extent  of  his  lien. 

Cross-References 

Compare  section  2286  of  tliis  title. 

Lienor's  action  for  damages,  see  section  2664  of  tliis  title. 

2286.  Real  owner  cannot  defeat  pledge  of  property  transferred 
to  apparent  owner  for  the  purpose  of  pledge. — One  who  has  allowed 

another  to  assume  the  apparent  ownership  of  property  for  the  pur- 
pose of  making  awj  transfer  of  it,  cannot  set  up  his  own  title,  to  de- 
feat a  pledge  of  the  property,  made  by  the  other,  to  a  pledgee  who 
received  the  property  in  good  faith,  in  the  ordinary  course  of  busi- 
ness, and  for  value. 

2287.  Pledge  lender,  what. — Property  may  be  pledged  as  security 
for  the  obligation  of  another  person  than  the  owner,  and  in  so 
doing  the  owner  has  all  the  rights  of  a  pledgor  for  himself,  except 
as  hereinafter  stated. 

2288.  Pledge  holder,  what.— A  pledgor  and  pledgee  may  agree 
upon  a  third  person  with  whom  to  deposit  the  property  pledged, 
who,  if  he  accej)ts  the  deposit,  is  called  a  pledge  holder. 

2289.  When  pledge  lender  may  withdraw  property  pledged. — 

One  who  pledges  property  as  security  for  the  obligation  of  another 
cannot  withdraw  the  property  pledged  otherwise  than  as  a  pledgor 
for  himself  might,  and  if  he  receives  from  the  debtor  a  consideration 
for  the  pledge  he  cannot  withdraw  it  without  his  consent. 

2290.  Obligations  of  pledge  holder.— A  pledge  holder  for  reward 
cannot  exonerate  himself  from  his  undertaking;  and  a  gratuitous 
pledge  holder  can  do  so  only  by  giving  reasonable  notice  to  the 
pledgor  and  pledgee  to  appoint  a  new  pledge  holder,  and  in  case  of 
their  failure  to  agree,  by  depositing  the  property  pledged  with  some 
impartial  person,  v/ho  wi'l  then  be  entitled  to  a  reasonable  compensa- 
tion for  his  care  of  the  same. 

2291.  Pledge  holder  must  enforce  rights  of  pledgee. — A  pledge 

holder  must  enforce  all  the  rights  of  the  pledgee,  unless  authorized 
by  him  to  waive  them. 

2292.  Obligation  of  pledgee  and  pledge  holder,  for  reward. — A 

pledgee,  or  a  pledge  holder  for  reward,  assumes  the  duties  and 
liabilities  of  a  depositary  for  reward. 

Cross-Reterencb 
Depositary  for  reward,  see  section  1132  of  tliis  title. 
93083 — 34 IS  265 


T.  3,  §2293]  THE  CIVIL  CODE 

2293.  Gratuitous  pledge  holder. — A  gratuitous  pledge  holder 
assumes  the  duties  and  liabilities  of  a  gratuitous  depositary. 

Cross-Reference 
Gratuitous  pledge  holder,  see  sections  1123  and  1124  of  this  title. 

2294.  Debtor's  misrepresentation  of  value  of  pledge. — Wliere  a 
debtor  has  obtained  credit,  or  an  extension  of  time,  by  a  fraudulent 
misrepresentation  of  the  value  of  property  pledged  by  or  for  him, 
the  creditor  may  demand  a  further  pledge  to  correspond  with  the 
value  represented;  and  in  default  thereof  may  recover  his  debt 
immediately,  though  it  be  not  actually  due. 

2295.  When  pledgee  may  sell. — When  performance  of  the  act  for 

which  a  pledge  is  given  is  due,  in  whole  or  in  part,  the  pledgee  may 
collect  what  is  due  to  him  by  a  sale  of  property  pledged,  subject  to 
the  rules  and  exceptions  hereinafter  prescribed. 

Cross-Reference 
Foreclosure  of  right  of  redemption,  see  section  2306  of  this  title. 

2296.  Sale  of  pledged  property. — Before  property  pledged  can  be 
sold,  and  after  performance  of  the  act  for  which  it  is  security  is 
due,  the  pledgee  must  demand  performance  thereof  from  the  debtor, 
if  the  debtor  can  be  found. 

Cross-Reference 

Waiver  of  demand  of  performance  before  sale,  see  section  2299  of  this  title. 

2297.  Notice  of  sale  to  pledgor. — A  pledgee  must  give  actual 
notice  to  the  pledgor  of  the  time  and  place  at  which  the  property 
pledged  will  be  sold,  at  such  a  reasonable  time  before  the  sale  as 
will  enable  the  pledgor  to  attend. 

2298.  Waiver  of  notice  of  sale. — Notice  of  sale  may  be  waived  by 
a  pledgor  at  any  time;  but  is  not  waived  by  a  mere  waiver  of  demand 
of  performance. 

2299.  Waiver  of  demand. — A  debtor  or  pledgor  waives  a  demand 
of  performance  as  a  condition  precedent  to  a  sale  of  the  property 
pledged,  by  a  positive  refusal  to  perform,  after  performance  is  due ; 
but  cannot  waive  it  in  any  other  manner  except  by  contract, 

2300.  Sale  of  pledged  property,  manner  of. — The  sale  by  pledgee, 
of  proj^erty  pledged,  must  be  made  by  public  auction,  in  the  manner 
and  upon  the  notice  of  sale  of  personal  property  under  execution. 

2301.  Pledgee's  sale  of  securities. — A  pledgee  cannot  sell  any 
evidence  of  debt  pledged  to  him,  except  the  obligations  of  govern- 
ments, States,  or  corporations ;  but  he  may  collect  the  same  when  due. 

Cross-Reference 
Right  of  redemption,  see  section  2211  of  this  title. 

2302.  Sale  on  the  demand  of  the  pledgor. — ^Vllenever  property 
pledged  can  be  sold  for  a  price  sufficient  to  satisfy  the  claim  of  the 

286 


THE  CIVIL  CODE  [T.  3,  §  2311 

pledgee,  the  pledgor  may  require  it  to  be  sold,  and  its  proceeds  to  be 
applied  to  such  satisfaction,  when  due. 

Cross-Reitekence 

Retaining  proceeds,  see  section  2304  of  this  title. 

2303.  Surplus  to  be  paid  to  pledgor. — After  a  pledgee  has  law- 
fully sold  property  pledged,  or  otherwise  collected  its  proceeds,  he 
may  deduct  therefrom  the  amount  due  under  the  principal  obligation, 
and  the  necessary  expenses  of  sale  and  collection,  and  must  pay  the 
surplus  to  the  pledgor,  on  demand. 

2304.  Pledgee  may  retain  all  that  can  become  due. — When  prop- 
erty pledged  is  sold  by  order  of  the  pledgor  before  the  claim  of  the 
pledgee  is  due,  the  latter  may  retain  out  of  the  proceeds  all  that  can 
possibly  become  due  under  his  claim  until  it  becomes  due. 

2305.  Pledgee  or  pledge  holder  may  purchase. — Whenever  prop- 
erty pledged  is  sold  at  public  auction,  in  the  manner  provided  by 
section  2300  of  this  title,  the  pledgee  or  pledge  holder  may  purchase 
said  property  at  such  sale. 

2306.  Pledgee  may  foreclose  right  of  redemption. — Instead  of 
selling  property  pledged,  as  hereinbefore  provided,  a  pledgee  may 
foreclose  the  right  of  redemption  by  a  judicial  sale,  under  the  direc- 
tion of  a  competent  court;  and  in  that  case  may  be  authorized  by 
the  court  to  purchase  at  the  sale. 

CHAPTER  65.— OTHER  LIENS 


Sec. 

2311.  Lien  on  personal  property  for  services 

thereon. 

2312.  Limitation     on     amount     recoverable 

where  written  notice  not  given. 

2313.  Lien  holdpr  may  sell  property ;  notice 

of  sale ;  proceeds. 


Sec. 

2314.  Lien  of  factor. 

2315.  Banker's  lien. 

2316.  Officer's  lien. 


Ceoss-Ee^'Erence 
Lien  of  seller  of  goods,  see  sections  1083  et  seq.,  of  this  title. 

Section  2311.  Lien  on  personal  property  for  services  thereon. — 

Every  person  who,  while  lawfully  in  possession  of  an  article  of 
personal  property,  renders  any  service  to  the  owner  thereof,  by 
labor  or  skill,  employed  for  the  protection,  improvement,  safe- 
keeping, or  carriage  thereof,  has  a  special  lien  thereon,  dependent 
on  possession,  for  the  compensation,  if  any,  which  is  due  to  him 
from  the  owner  for  such  service;  a  person  who  makes,  alters,  or 
repairs  any  article  of  personal  property,  at  the  request  of  the  owner, 
or  legal  possessor  of  the  property,  has  a  lien  on  the  same  for  his 
reasonable  charges  for  the  balance  due  for  such  work  done  and 
materials  furnished,  and  may  retain  possession  of  the  same  until 
the  charges  are  paid ;  and  livery  or  boarding  or  feed-stable  proprie- 
tors, and  persons  pasturing  horses  or  stock,  have  a  lien,  dependent 
on  possession,  for  their  compensation  in  caring  for,  boarding,  feed- 
ing, or  pasturing  such  horses  or  stock;  and  laundry  proprietors  and 
persons  conducting  a  laundry  business,  have  a  general  lien,  depend- 
ent on  possession,  upon  all  personal  property  in  their  hands  belong- 

267 


T.  3,  §  2312]  THE  CIVIL  CODE 

ing  to  a  customer,  for  the  balance  due  them  from  such  customer  for 
laundry  work;  and  veterinary  proprietors  and  veterinary  surgeons 
shall  have  a  lien,  dependent  on  possession,  for  their  compensation 
in  caring  for,  boarding,  feeding,  and  medical  treatment  of  animals; 
and  keepers  of  garages  for  automobiles  shall  have  a  lien,  dependent 
on  possession,  for  their  compensation  in  caring  for  and  safe-keeping 
such  automobiles. 

Choss-References 

Carrier's  lien,  see  section  1459  of  this  title. 

Restoration  of  property  extinguishes  lien,  see  section  222r)  of  this  title. 

2312.  Limitation  on  amount  recoverable  where  written  notice 
not  given. — That  portion  of  any  lien,  as  provided  for  in  the  next 
preceding  section,  in  excess  of  $100,  for  any  work,  services,  care,  or 
safe-keeping  rendered  or  performed  at  the  request  of  any  person 
other  than  the  holder  of  the  legal  title,  shall  be  invalid,  unless  prior 
to  commencing  any  such  work,  service,  care,  or  safe-keeping,  the  per- 
son claiming  such  lien  shall  give  actual  notice  in  writing  either  by 
personal  service  or  by  registered  letter  addressed  to  the  holder  of 
the  legal  title  to  such  property,  if  known.  In  the  case  of  automobiles, 
the  person  named  as  legal  owner  in  the  registration  certificate,  shall 
be  deemed  for  the  purpose  of  this  section,  as  the  holder  of  the  legal 
title. 

2313.  Lien  holder  may  sell  property;  notice  of  sale;  proceeds. — 

If  the  person  entitled  to  the  lien  provided  for  in  section  2311  of  this 
title  be  not  paid  the  amount  due  and  for  which  said  lien  is  given, 
within  twenty  clays  after  the  same  shalL  have  become  due,  then  such 
lien  holder  may  proceed  to  sell  said  property,  or  so  much  thereof  as 
may  be  necessary  to  satisfy  said  lien  and  costs  of  sale,  at  public  auc- 
tion, and  by  giving  at  least  ten  days'  previous  notice  of  such  sale  by 
advertising  in  some  newspaper  of  general  circulation  in  the  Canal 
Zone.  The  proceeds  of  the  sale  must  be  applied  to  the  discharge  of 
the  lien  and  the  cost  of  keeping  and  selling  the  property;  the  re- 
mainder, if  any,  must  be  paid  over  to  the  owner  thereof. 

Cross-Refeojencb 
Extinguishment  of  lien  by  sale  or  conversion,  see  section  2222  of  this  title. 

2314.  Lien  of  factor. — A  factor  has  a  general  lien,  dependent  on 
possession,  for  all  that  is  due  to  him  as  such,  upon  all  articles  of 
commercial  value  that  are  intrusted  to  him  by  the  same  principal. 

Cross-Refebences 

Factor's  enforcement  of  lien,  see  section  1372  of  this  title. 
Power  of  pledging,  see  section  228G  of  this  title. 

2315.  Banker's  lien. — A  banker  has  a  general  lien,  dependent  on 
possession,  upon  all  property  in  his  hands  belonging  to  a  customer, 
for  the  balance  due  to  him  from  such  customer  in  the  course  of  the 
business. 

2316.  Officers'  lien. — An  officer  who  levies  an  attachment  or  exe- 
cution upon  personal  property  acquires  a  special  lien,  dependent  on 

268 


THE  CIVIL  CODE 


[T.  3,  §  2323 


possession,  upon  such  property,  which  authorizes  him  to  hold  it  until 
the  process  is  discharged  or  satisfied,  or  a  judicial  sale  of  the  property 
is  had. 

Cross-Refekence 

Attachment  and  execution,  see  title  4,  sections  356,  583,  588,  and  590. 
CHAPTER  66.— NEGOTIABLE  INSTRUBIENTS  IN  GENERAL 


Art.  Sec. 

1.   Form   and  intrrpretation 2.3i?l 

i.'.   Consicleration 2351 

S.  Negotiation 2361 

4.  Rights  of  the  Iiolder 2391 

5.  Liabilities  of  parties 2401 


Art.  Sec. 

6.  Presentment  for  pnyment 2421 

7.  Notice  of   dishonor 2441 

S.  Discharge    of    negotiable    instru- 
ments    2481 


Note. — Tliis  cliapter  and  cliapters  C7  to  69  of  tins  title  comprise  tl'.e  Uniform 
Negotiable  Instruments  Act. 


ARTICLE  1.— FORM  AND  INTERrHETATION 


Sec. 
2321. 

0009 

2323.' 
2324. 
2325. 
2326. 
2327. 
2328. 
2329. 
2330. 
2331. 
2332. 


Requirements    for    negotiable    instru- 
ment. 
Sum  payable  certain. 
Unqualified   promise   unconditional. 
Time  for  payment. 
Noniiegotiable  instrument. 
Negotiability  not  affected. 
Payable  on  demand. 
Payable  to  order. 
Payable  to  bearer. 
Language  of  instrument. 
True  date. 
Ante  or  post  dating. 


Sec. 

2333.  Insertion   of  date. 

2334.  Filling  up  blanks. 

2335.  Incomplete  instrument  not  delivered. 

2336.  Delivery  necessary. 

2337.  Rules  of  construction. 

2338.  Liability   on   instrument. 

2339.  Sisinature  by  agent. 

2340.  Liability  of  •■•.gent. 

2341.  SiLinature  by  "  Procuration." 

2342.  Endorsement       l)y       corporation       or 

infant. 

2343.  Forged  signature. 


Section  2321.  Requirements  for  negotiable  instrument. — An  in- 
strument to  be  negotiable  must  conform  to  the  following  require- 
ments : 

( 1 )  It  must  be  in  writing  and  signed  by  the  maker  or  drawer ; 

(2)  Must  contain  an  unconditional  promise  or  order  to  pay  a  sum 
certain  in  money; 

(3)  Must  be  payable  on  demand,  or  at  a  fixed  or  determinable 
future  time; 

(4)  Must  be  payable  to  order  or  to  bearer;  and 

(5)  Where  the  instrument  is  addressed  to  a  drawee,  he  must  be 
named  or  otherwise  indicated  therein  with  reasonable  certainty. 

2322.  Sum  payable  certain. — The  sum  payable  is  a  sum  certain 
within  the  meaning  of  chapters  66  to  69  of  this  title,  although  it  is 
to  be  paid — 

(1)  With  interest;  or 

(2)  By  stated  installments;  or 

(3)  By  stated  installments,  with  a  provision  that  upon  default 
in  payment  of  any  installment  or  of  interest,  the  whole  shall  become 
due ;  or 

(4)  AVith  exchange,  whether  at  a  fixed  rate  or  at  the  current 
rate;  or 

(5)  With  costs  of  collection  or  an  attorney's  fee,  in  case  payment 
shall  not  be  made  at  maturity, 

2323,  Unqualified  promise  unconditional, — An  unqualified  order 
or  promise  to  pay  is  unconditional  within  the  meaning  of  chapters 
06  to  69  of  this  title,  though  coupled  with — 


269 


T.  3,  §  2324]  THE  CIVIL  CODE 

(1)  An  indication  of  a  particular  fund  out  of  which  reimburse- 
ment is  to  be  made,  or  a  particular  account  to  be  debited  with  the 
amount;  or 

(2)  A  statement  of  the  transaction  which  gives  rise  to  the 
instrument. 

But  an  order  or  promise  to  pay  out  of  a  particular  fund  is  not 
unconditional. 

2324.  Time  for  payment. — An  instrument  is  payable  at  a  deter- 
minable, future  time,  within  the  meaning  of  chapters  66  to  69  of  this 
title,  which  is  expressed  to  be  payable — 

(1)  At  a  fixed  period  after  date  or  sight;  or 

(2)  On  or  before  a  fixed  or  determinable  future  time  specified 
therein;  or 

(3)  On  or  at  a  fixed  period  after  the  occurrence  of  a  specified 
event,  which  is  certain  to  happen,  though  the  time  of  happening  be 
uncertain. 

An  instrument  payable  upon  a  contingency  is  not  negotiable,  and 
the  happening  of  the  event  does  not  cure  the  defect. 

2325.  Nonnegotiable  instrument. — An  instrument  which  contains 
an  order  or  promise  to  do  any  act  in  addition  to  the  payment  of 
money  is  not  negotiable.  But  the  negotiable  character  of  an  instru- 
ment otherwise  negotiable  is  not  affected  by  a  provision  which — 

(1)  Authorizes  the  sale  of  collateral  securities  in  case  the  instru- 
ment be  not  paid  at  maturity ;  or 

(2)  Authorizes  a  confession  of  judgment,  if  the  instrument  be  not 
paid  at  maturity ;  or 

(3)  Waives  the  benefit  of  any  law  intended  for  the  advantage  or 
protection  of  the  obligor;  or 

(4)  Gives  the  holder  an  election  to  require  something  to  be  done 
in  lieu  of  payment  of  money. 

But  nothing  in  this  section  shall  validate  any  provision  or  stipu- 
lation otherwise  illegal, 

2326.  Negotiability  not  affected. — The  validity  and  negotiable 
character  of  an  instrument  are  not  affected  by  the  fact  that — 

(1)  It  is  not  dated ;  or 

(2)  Does  not  specify  the  value  given,  or  that  any  value  has  been 
given  therefor ;  or 

(3)  Does  not  specify  the  place  where  it  is  drawn  or  the  place 
where  it  is  payable ;  or 

(4)  Bears  a  seal;  or 

(5)  Designates  a  particular  kind  of  current  money  in  which  pay- 
ment is  to  be  made. 

But  nothing  in  this  section  shall  alter  or  repeal  any  statute  requir- 
ing in  certain  cases  the  nature  of  the  consideration  to  be  stated  in 
the  instrument. 

2327.  Payable  on  demand. — An  instrument  is  payable  on 
demand — 

(1)  Where  it  is  expressed  to  be  payable  on  demand,  or  at  sight, 
or  on  presentation;  or 

(2)  In  which  no  time  for  payment  is  expressed. 

270 


THE  CIVIL  CODE  [T.  3,  §  2334 

Where  an  instrument  is  issued,  accepted,  or  indorsed  when  over- 
due, it  is,  as  regards  the  person  so  issuing,  accepting,  or  indorsing 
it,  payable  on  demand. 

2328.  Payable  to  order. — The  instrument  is  payable  to  order 
where  it  is  drawn  payable  to  the  order  of  a  specified  person  or  to 
him  or  his  order.     It  may  be  drawn  payable  to  the  order  of — 

(1)  A  payee  who  is  not  maker,  drawer,  or  drawee;  or 

(2)  The  drawer  or  maker;  or 

(3)  The  drawee;  or 

(4)  Two  or  more  payees  jointly;  or 

(5)  One  or  some  of  several  payees;  or 

(6)  The  holder  of  an  office  for  the  time  being. 

Where  the  instrument  is  payable  to  order  the  payee  must  be  named 
or  otherwise  indicated  therein  with  reasonable  certainty. 

2329.  Payable  to  bearer. — The  instrument  is  payable  to  bearer — 

(1)  When  it  is  expressed  to  be  so  payable;  or 

(2)  When  it  is  payable  to  a  person  named  therein  or  bearer;  or 

(3)  When  it  is  payable  to  the  order  of  a  fictitious  or  nonexisting 
person,  and  such  fact  was  known  to  the  person  making  it  so  payable; 
or 

(4)  When  the  name  of  the  payee  does  not  purport  to  De  tne  name 
of  any  person ;  or 

(5)  Wlien  the  only  or  last  indorsement  is  an  indorsement  in  blank. 

2330.  Language  of  instrument. — The  instrument  need  not  follow 
the  language  of  chapters  66  to  69  of  this  title,  but  any  terms  are  suffi- 
cient which  clearly  indicate  an  intention  to  conform  to  the  require- 
ments thereof. 

2331.  True  date. — Where  the  instrument  or  an  acceptance  or  any 
indorsement  thereon  is  dated,  such  date  is  deemed  prima  facie  to  be 
the  true  date  of  the  making,  drawing,  acceptance,  or  indorsement  as 
the  case  may  be. 

2332.  Ante  or  post  dating. — The  instrument  is  not  invalid  for  the 
reason  only  that  it  is  antedated  or  postdated,  provided  this  is  not 
done  for  an  illegal  or  fraudulent  purpose.  The  person  to  whom  an 
instrument  so  dated  is  delivered  acquires  the  title  thereto  as  of  the 
date  of  delivery. 

2333.  Insertion  of  date. — Wliere  an  instrument  expressed  to  be 
payable  at  a  fixed  period  after  date  is  issued  undated,  or  where  the 
aceptance  of  an  instrument  payable  at  a  fixed  period  after  sight  is 
undated,  any  holder  may  insert  therein  the  true  date  of  issue  or  ac- 
ceptance, and  the  instrument  shall  be  payable  accordingly.  The  in- 
sertion of  a  wrong  date  does  not  avoid  the  instrument  in  the  hands 
of  a  subsequent  holder  in  due  course;  but  as  to  him,  the  date  so 
inserted  is  to  be  regarded  as  the  true  date. 

2334.  Filling  up  blanks. — Where  the  instrument  is  wanting  in  any 
material  particular,  the  person  in  possession  thereof  has  a  prima 
facie  authority  to  complete  it  by  filhng  up  the  blanks  therein.  And 
a  signature  on  a  blank  paper  delivered  by  the  person  making  the 
signature  in  order  that  the  paper  may  be  converted  into  a  negotiable 
instrument  operates  as  a  prima  facie  authority  to  fill  it  up  as  such 

271 


T.  3,  §  2335]  THE  CIVIL  CODE 

for  any  amount.  In  order,  however,  that  any  such  instrument  when 
completed  may  be  enforcecl  against  any  person  who  became  a  party 
thereto  prior  to  its  completion,  it  must  be  filled  up  strictly  in  accord- 
ance with  the  authority  given  and  within  a  reasonable  time.  But 
if  any  such  instrument,  after  completion,  is  negotiated  to  a  holder 
in  due  course,  it  is  valid  and  effectual  for  all  purposes  in  his  hands, 
and  he  may  enforce  it  as  if  it  had  been  filled  up  strictly  in  accordance 
with  the  authority  given  and  within  a  reasonable  time. 

2335.  Incomplete  instrument  not  delivered. — Where  an  incom- 
plete instrument  has  not  been  delivered  it  w^ill  not,  if  completed  and 
negotiated,  without  authority,  be  a  valid  contract  in  the  hands  of  any 
holder,  as  against  any  person  Vvdiose  signature  was  placed  thereon 
before  delivery. 

2336.  Delivery  necessary. — Every  contract  on  a  negotiable  in- 
strument is  incomplete  and  revocable  until  delivery  of  the  instru- 
ment for  the  purpose  of  giving  effect  thereto.  As  between  immediate 
parties,  and  as  regards  a  remote  party  other  than  a  holder  in  due 
course,  the  delivery,  in  order  to  be  effectual,  must  be  made  either 
by  or  under  the  authority  of  the  part}'  making,  drawing,  accepting, 
or  indorsing,  as  the  case  may  be ;  and  in  such  case  the  delivery  may 
be  shown  to  have  been  conditional,  or  for  a  special  purpose  only, 
and  not  for  the  purpose  of  transferring  the  property  in  the  instru- 
ment. But  where  the  instrument  is  in  the  hands  of  a  holder  in  due 
course,  a  valid  delivery  thereof  by  all  parties  prior  to  him  so  as 
to  make  them  liable  to  him  is  conclusively  presumed.  And  where 
the  instrument  is  no  longer  in  the  possession  of  a  party  whose 
signature  appears  thereon,  a  valid  and  intentional  delivery  by  him 
is  presumed  until  the  contrary  is  proved. 

2337.  Rules  of  construction. — Where  the  language  of  the  instru- 
ment is  ambiguous  or  there  are  omissions  therein,  the  following  rules 
of  construction  apply : 

(1)  Where  the  sum  payable  is  expressed  in  words  and  also  in  fig- 
ures and  there  is  a  discrepancy^  between  the  two,  the  sum  denoted  by 
the  words  is  the  sum  payable;  but  if  the  words  are  ambiguous  or 
uncertain,  reference  may  be  had  to  the  figures  to  fix  the  amount ; 

(2)  Where  the  instrument  provides  for  the  payment  of  interest, 
without  specifying  the  date  from  which  interest  is  to  run,  the  interest 
runs  from  the  date  of  the  instrument,  and  if  the  instrument  is  un- 
dated, from  the  issue  thereof ; 

(3)  Where  the  instrument  is  not  dated,  it  will  be  considered  to  be 
dated  as  of  the  time  it  was  issued ; 

(4)  Where,  there  is  a  conflict  between  the  written  and  printed 
provisions  of  the  instrument,  the  written  provisions  prevail ; 

(5)  Where  the  instrument  is  so  ambiguous  that  there  is  doubt 
whether  it  is  a  bill  or  note,  the  holder  may  treat  it  as  either  at  his 
election ; 

(6)  Where  a  signature  is  so  placed  ujjon  the  instrument  that  it  is 
not  clear  in  what  capacity  the  person  making  the  same  intended  to 
sign,  he  is  to  be  deemed  an  indorscr ; 

(7)  Where  an  instrument  containing  the  words  "  I  promise  to 
pay  "  is  signed  by  two  or  more  persons,  they  are  deemed  to  be  jointly 
and  severally  liable  thereon. 

272 


THE  CIVIL  CODE  [T.  3,  §  2353 

2338.  Liability  on  instrument. — No  person  is  liable  on  the  instru- 
ment whoye  signature  does  not  appear  thereon,  except  as  herein  other- 
wise expressly  provided.  But  one  who  signs  in  a  trade  or  assumed 
name  Avill  be  liable  to  the  same  extent  as  if  he  had  signed  in  his  own 
name. 

2339.  Signature  by  agent. — The  signature  of  any  party  may  be 
made  by  a  duly  authorized  agent.  No  particular  form  of  appoint- 
ment is  necessary  for  this  purpose;  and  the  authority  of  the  agent 
may  be  established  as  in  other  cases  of  agency. 

2340.  Liability  of  agent. — Where  the  instrument  contains  or  a 
person  adds  to  his  signature  words  indicating  that  he  signs  for  or 
on  behalf  of  a  principal,  or  in  a  representative  capacity,  he  is  not 
liable  on  the  instrument  if  he  vras  duly  authorized;  but  the  mere 
addition  of  Avorcls  describing  him  as  an  agent,  or  as  filling  a  repre- 
sentative character,  without  disclosing  his  principal,  does  not  exempt 
him  from  personal  liability. 

2341.  Signature  by  "  procuration." — A  signature  by  "  procura- 
tion "  operates  as  notice  that  the  agent  has  but  a  limited  authority 
to  sign,  and  the  principal  is  bound  only  in  case  the  agent  in  so  signing 
acted  within  the  actual  limits  of  his  authority. 

2342.  Indorsement  by  corporation  or  infant. — The  indorsement 
or  assignment  of  the  instrument  by  a  corporation  or  by  an  infant 
passes  th.Q  property  therein,  notwithstanding  that  from  want  of  ca- 
pacity the  corporation  or  infant  may  incur  no  liability  thereon. 

2343.  Forged  signature. — When  a  signature  is  forged  or  made 
without  the  authority  of  the  person  whose  signature  it  purports  to  be, 
it  is  wholly  inoperative,  and  no  right  to  retain  the  instrument,  or 
to  give  a  clischarge  therefor,  or  to  enforce  payment  thereof  against 
any  party  thereto,  can  be  acquired  through  or  under  such  signature, 
unless  tlie  party,  against  whom  it  is  sought  to  enforce  such  right,  is 
precluded  from  setting  up  the  forgery  or  want  of  authority. 

ARTICLE  2.— CONSIDERATION 


Sec. 

2351.  Presumption  of  consideration. 

2352.  Consiclerafion.  what  constitutes, 

2353.  Holder  for  value. 


Sec. 

2.S54.  Lien  on  an  instrument. 

2355.  Effect  of  want  of  consideration. 

2356.  Liability   of   accommodation    party. 


2351.  Presumption  of  consideration. — Every  negotiable  instru- 
ment is  deemed  prima  facie  to  have  been  issued  for  a  valuable  con- 
sideration; and  every  person  whose  signature  appears  thereon  to 
have  become  a  party  thereto  for  value. 

2352.  Consideration,  what  constitutes. — Value  is  any  considera- 
tion sufficient  to  support  a  simple  contract.  An  antecedent  or  pi-e- 
existing  debt  constitutes  value,  and  is  deemed  such  whether  the  in- 
strument is  payable  on  demand  or  at  a  future  time. 

2353.  Holder  for  value. — Where  value  has  at  any  time  been  given 
for  the  instrument,  the  holder  is  deemed  a  holder  for  value  in 
respect  to  all  parties  who  become  such  prior  to  that  time. 

273 


T.  3,  §  2354] 


THE  CIVIL  CODE 


2354.  Lien  on  an  instrument. — Where  the  holder  has  a  lien  on  the 

instrument,  arising  either  from  contract  or  by  implication  of  law, 
he  is  deemed  a  holder  for  value  to  the  extent  of  his  lien. 

2355.  Effect  of  want  of  consideration. — Absence  or  failure  of  con- 
sideration is  matter  of  defense  as  against  any  person  not  a  holder  in 
due  course ;  and  partial  failure  of  consideration  is  a  defense  pro  tanto, 
whether  the  failure  is  an  ascertained  and  liquidated  amount  or 
otherwise- 

2356.  Liability  of  accommodation  party. — An  accommodation 
party  is  one  who  has  signed  the  instrument  as  maker,  drawer,  ac- 
ceptor, or  indorser,  without  receiving  value  therefor,  and  for  the  pur- 
pose of  lending  his  name  to  some  other  person.  Such  a  person  is 
liable  on  the  instrument  to  a  holder  for  value,  notwithstanding  such 
holder  at  the  time  of  taking  the  instrument  knew  him  to  be  only  an 
accommodation  party. 


ARTICLE  3.— NEGOTIATION 


Sec. 

2361. 
2362. 
2363. 
2364. 
2365. 
2366. 

2367. 
2368. 
2369. 
2370. 


Negotiation. 

Indorsement. 

Indorsement  of  entire  instrument. 

Kinds   of   indorsement. 

Special  indorsement. 

Blank   indorsement,    liow   changed   to 

special  indorsement. 
Indorsement  restrictive. 
Rigiits  conferred. 
Qualified  indorsement. 
Conditional  indorsement. 


Sec. 

2371.  Payable  to  bearer. 

2372.  Payable  to  two  or  more  persons. 

2373.  Indorsed   to   person   as       Cashier.' 

2374.  Name   misspelled. 

2375.  In    representative    capacity. 

2376.  Time  of  indorsement. 

2377.  Place  of  indorsement. 

2378.  Continuation. 

2379.  Striking  out    indorsement. 

2380.  Transfer  without  indorsement. 

2381.  Prior   party   may   negotiate. 


2361.  Negotiation. — An  instrument  is  negotiated  when  it  is  trans- 
ferred from  one  person  to  another  in  such  manner  as  to  constitute 
the  transferee  the  holder  thereof.  If  payable  to  bearer  it  is  negoti- 
ated by  delivery;  if  payable  to  order  it  is  negotiated  by  the 
indorsement  of  the  holder  completed  by  delivery. 

2362.  Indorsement. — The  indorsement  must  be  written  on  the  in- 
strument itself  or  upon  a  paper  attached  thereto.  The  signature  of 
the  indorser,  without  additional  words,  is  a  sufficient  indorsement. 

2363.  Indorsement  of  entire  instrument. — The  indorsement  must 
be  an  indorsement  of  the  entire  instrument.  An  indorsement  which 
purports  to  transfer  to  the  indorsee  a  part  only  of  the  amount  pay- 
able, or  which  purports  to  transfer  the  instrument  to  two  or  more 
indorsees  severally,  does  not  operate  as  a  negotiation  of  the  instru- 
ment. But  where  the  instrument  has  been  paid  in  part,  it  may  be 
indorsed  as  to  the  residue. 

2364.  Kinds  of  indorsement. — An  indorsement  may  be  either  spe- 
cial or  in  blank ;  and  it  may  also  be  either  restrictive  or  qualified,  or 
conditional. 

2365.  Special  indorsement. — A  special  indorsement  specifies  the 
person  to  whom,  or  to  whose  order,  the  instrument  is  to  be  payable ; 
and  the  indorsement  of  such  indorsee  is  necessary  to  the  further 
negotiation  of  the  instrument.  An  indorsement  in  blank  specifies 
no  indorsee,  and  an  instrument  so  indorsed  is  payable  to  bearer  and 
may  be  negotiated  by  delivery. 


274 


THE  CIVIL  CODE  [T.  3,  §  2374 

2366.  Blank  indorsement,  how  changed  to  special  indorse- 
ment.— The  holder  may  convert  a  blank  indorsement  into  a  special 
indorsement  by  writing  over  the  signature  of  the  indorser  in  blank 
any  contract  consistent  with  the  character  of  the  indorsement. 

2367.  Indorsement  restrictive. — An  indorsement  is  restrictive, 
which  either — 

(1)  Prohibits  the  further  negotiation  of  the  instrument;  or 

(2)  Constitutes  the  indorsee  the  agent  of  the  indorser;  or 

(3)  Vests  the  title  in  the  indorsee  in  trust  for  or  to  the  use  of  some 
other  person. 

But  the  mere  absence  of  words  implying  power  to  negotiate  does 
not  make  an  indorsement  restrictive. 

2368.  Rights  conferred. — A  restrictive  indorsement  confers  upon 
the  indorsee  the  right — 

(1)  To  receive  payment  of  the  instrument; 

(2)  To  bring  any  action  thereon  that  the  indorser  could  bring; 

(3)  To  transfer  his  rights  as  such  indorsee,  where  the  form  of 
the  indorsement  authorizes  him  to  do  so. 

But  all  subsequent  indorsees  acquire  only  the  title  of  the  first 
indorsee  under  the  restrictive  indorsement. 

2369.  Qualified  indorsement. — A  qualified  indorsement  consti- 
tutes the  indorser  a  mere  assignor  of  the  title  to  the  instrument. 
It  may  be  made  by  adding  to  the  indorser's  signature  the  words 
"  without  recourse "  or  any  words  of  similar  import.  Such  an 
indorsement  does  not  impair  the  negotiable  character  of  the 
instrument. 

2370.  Conditional  indorsement. — Where  an  indorsement  is  condi- 
tional, a  party  required  to  pay  the  instrument  may  disregard  the 
condition,  and  make  payment  to  the  indorsee  or  his  transferee, 
whether  the  condition  has  been  fulfilled  or  not.  But  any  person  to 
whom  an  instrument  so  indorsed  is  negotiated  will  hold  the  same, 
or  the  proceeds  thereof,  subject  to  the  rights  of  the  person  indorsing 
conditionally. 

2371.  Payable  to  bearer. — Where  an  instrument,  payable  to 
bearer,  is  indorsed  specially  it  may  nevertheless  be  further  nego- 
tiated by  delivery;  but  the  person  indorsing  specially  is  liable  as 
indorser  to  only  such  holders  as  make  title  through  his  indorsement. 

2372.  Payable  to  two  or  more  persons. — Where  an  instrument  is 
payable  to  the  order  of  two  or  more  payees  or  indorsees  who  are  not 
partners,  all  must  indorse,  unless  the  one  indorsing  has  authority  to 
indorse  for  the  others. 

2373.  Indorsed  to  person  as  "  cashier." — Wliere  an  instrument  is 
drawn  or  indorsed  to  a  person  as  "  cashier  "  or  other  fiscal  officer  of 
a  bank  or  corporation,  it  is  deemed  prima  facie  to  be  payable  to  the 
bank  or  corporation  of  which  he  is  such  officer,  and  may  be  negotiated 
by  either  the  indorsement  of  the  bank  or  corporation  or  the  indorse- 
ment of  the  officer. 

2374.  Name  misspelled. — Where  the  name  of  a  payee  or  indorsee 
is  wrongly  designated  or  misspelled,  he  may  indorse  the  instrument 
as  therein  described,  adding,  if  he  thinks  fit,  his  proper  signature. 

275 


T.  3,  §  2375] 


THE  CIVIL  CODE 


2375.  In  representative  capacity. — Wliere  any  person  is  imdei 
obligation  to  indorse  in  a  representative  capacity,  he  may  indorse  in 
such  terms  as  to  negative  personal  liability. 

2376.  Time  of  indorsement. — Except  where  an  indorsement  bears 
date  after  the  maturity  of  the  instrument,  ever}'  negotiation  is 
deemed  prima  facie  to  have  been  effected  before  the  instrument  was 
overdue. 

2377.  Place  of  indorsement. — Except  where  the  contrary  appears, 
every  indorsement  is  presumed  prima  facie  to  have  been  made  at  the 
place  where  the  instrument  is  dated. 

2378.  Continuation. — An  instrument  negotiable  in  its  origin  con- 
tinues to  be  negotiable  until  it  has  been  restrictivel}^  indorsed  or  dis- 
charged by  pajanent  or  otherwise. 

2379.  Striking  out  indorseiiiei:it. — Tlie  holder  may  at  any  time 
strike  out  any  indorsement  which  is  not  necessary  tO'  his  title.  The 
indorser  whose  indorsement  is  struck  out,  and  all  indorsers  subse- 
quent to  him,  are  thereby  relieved  from  liability-  on  the  instrument. 

2380.  Transfer  v/ithoiit  indorsement, — Where  the  holder  of  an 
instrument  payable  to  his  order  transfers  it  for  value  without  in- 
dorsing it,  the  transfer  vests  in  the  transferee  such  title  as  the  trans- 
ferrer had  therein,  and  the  transferee  acquires,  in  addition,  the  right 
to  have  the  indorsement  of  the  transferrer.  But  for  the  purpose  of 
determining  whether  the  transferee  is  a  holder  in  due  course,  the 
negotiation  takes  effect  as  of  the  time  when  the  indorsement  is 
actually  made. 

2381.  Prior  party  may  negotiate. — Where  an  instrument  is  nego- 
tiated back  to  a  prior  party  such  party  ma^^,  subject  to  the  prt) vi- 
sions of  cha[)ters  60  to  69  of  this  title,  reissne  and  further  negotiate 
tlie  same.  But  he  is  not  entitled  to  enforce  payment  thereof  against 
any  intervening  part}^  to  whom  he  was  personally  liable. 

ARTICLE  4.— KIGHTS   OF  THE  IIOLDEIi 


Sec.  , 

2391.  Rislit  tn  sue. 

2302.  Holder  in  due  course. 

2393.  Not  boUier  in  duo  course. 

2394.  Notice  befori^  full  amount  paid. 

2395.  When  title  defective. 


Sec. 

2396.  Notice  of  defect. 

2397.  Rislits   of  holder   in   due  course. 

2398.  When  subject  to  original  defeases. 

2399.  Who  deemed  holder  in  due  course. 


2391.  Right  to  sue. — The  holder  of  a  negotiable  instrument  may 

sue  thereon  in  his  own  name  and  payment  to  him   in  due  course 
discharges  the  instrument. 

2392.  Holder  in  due  course. — A  holder  in  due  course  is  a  holder 
who  has  taken  the  instrument  under  the  following  conditions: 

(1)  That  it  is  complete  and  regular  upon  its  face; 

(2)  That  he  became  the  holder  of  it  before  it  was  overdue,  and 
without  notice  that  it  had  been  previously  dishonored,  if  such  was 
the  fact ; 

(3)  That  he  took  it  in  good  faith  and  for  value; 


276 


THE  CIVIL  COD  11  [T.  3,  §  2398 

(4)  That  at  the  time  it  was  negotiated  to  him  he  had  no  notice 
of  any  infirmity  in  the  instrument  or  defect  in  the  title  of  the  person 
negotiating  it. 

Ckos  s-Referen  ces 

Notice  before  full  amount  paid,  see  section  2394  of  this  title. 

"When  person  not  deemed  a  holder  in  due  course,  see  section  2393  of  this  title. 

Who  deemed  a  holder  in  due  course,  see  section  2399  of  this  title. 

2393.  Not  holder  in  due  course. — Where  an  instrument  payable 
on  demand  is  negotiated  an  unreasonable  length  of  time  after  its 
issue,  the  holder  is  not  deemed  a  holder  in  due  course. 

Cboss-Refekences 

Notice  before  full  amount  paid,  see  section  2.S94  of  this  title. 

Who  deemed  a  holder  in  due  course,  see  sections  2392  and  2399  of  tliis  title. 

2394.  Notice  before  full  amount  paid. — Where  the  transferee  re- 
ceives notice  of  any  infirmity  in  the  instrument  or  defect  in  the  title 
of  the  person  negotiating  the  :•^ame  before  he  has  paid  the  full  amount 
agreed  to  be  paid  therefor,  he  will  be  deemed  a  holder  in  due  course 
only  to  the  extent  of  the  amount  theretofore  paid  by  him. 

Cross-Refeeences 

Rights  of  holder  in  due  cour.se,  see  section  2397  of  this  title. 

Who  deemed  a  holder  in  due  course,  see  sections  2392  and  2399  of  this  title. 

V/ho  not  deemed  a  holder  in  due  course,  see  section  2393  of  this  title. 

2395.  When  title  defective. — The  title  of  a  person  who  negotiates 
an  instrument  is  defective  within  the  meaning  of  chapters  66  to  69 
of  this  title,  when  he  obtained  the  instrument,  or  any  signature 
thereto,  by  fraud,  duress,  or  force  and  fear,  or  other  unlawful  means, 
or  for  an  illegal  consideration,  or  when  he  negotiates  it  in  breach  of 
faith,  or  under  such  circumstances  as  amount  to  a  fraud. 

2396.  Notice  of  defect. — To  constitute  notice  of  an  infirmity  in 
the  instrument  or  defect  in  the  title  of  the  person  negotiating  the 
same,  the  person  to  whom  it  is  negotiated  must  have  had  actual 
knowledge  of  the  infirmity  or  defect,  or  knowledge  of  such  facts  that 
his  action  in  taking  the  instrument  amounted  to  bad  faith. 

2397.  Rights  of  holder  in  due  course. — A  holder  in  due  course 

holds  the  instrument  free  from  any  defect  of  title  of  prior  parties, 
and  free  from  defenses  available  to  prior  parties  among  themselves, 
and  ma}^  enforce  payment  of  the  instrument  for  the  full  amount 
thereof  against  all  parties  liable  thereon. 

Cross-references 

Notice  before  full  amount  paid,  see  section  2394  of  this  title. 

Who  deemed  holder  in  due  course,  see  sections  2392  and  2399  of  this  title. 

Who  not  deemed  a  holder  in  due  course,  see  section  2393  of  this  title. 

2398.  When  subject  to  original  defenses. — In  the  hands  of  any 
holder  other  than  a  holder  in  due  course,  a  negotiable  instrument  is 
subject  to  the  same  defenses  as  if  it  were  nonnegotiable.  But  a  holder 
who  derives  his  title  through  a  holder  in  due  course,  and  who  is  not 

277 


T.  3,  §  2399]  THE  CIVIL  CODE 

himself  a  party  to  any  fraud  or  illegality  affecting  the  instrument, 
has  all  the  rights  of  such  former  holder  in  respect  of  all  parties  prior 
to  the  latter. 

2399.  Who  deemed  holder  in  due  course. — Every  holder  is  deemed 
prima  facie  to  be  a  holder  in  due  course ;  but  when  it  is  shown  that 
the  title  of  any  person  who  has  negotiated  the  instrument  was  defec- 
tive, the  burden  is  on  the  holder  to  prove  that  he  or  some  person  under 
whom  he  claims  acquired  the  title  as  holder  in  due  course.  But  the 
last-mentioned  rule  does  not  apply  in  favor  of  a  party  who  became 
bound  on  the  instrument  prior  to  the  acquisition  of  such  defective 
title. 

Cross-Refeeences 

Notice  before  full  amount  paid,  see  section  2394  of  this  title. 

Rights  of  holder  in  due  course,  see  section  2397  of  this  title. 

What  constitutes  a  holder  in  due  course,  see  section  2392  of  this  title. 

When  person  not  deemed  a  holder  in  due  course,  see  section  2393  of  this  title. 

ARTICLE  5.— LIABILITIES  OF  PARTIES 


Sec. 

2401.  Liability  of  maker. 

2402.  Liability  of  drawer. 

2403.  Liability  of  accentor. 

2404.  Person  deemed  indorser. 

2405.  Liability  of  irregular  indorser. 

2406.  Warranty    when    negotiation    by    de- 

livery, etc. 


Sec. 

2407.  Liability  of  general  indorser. 

2408.  When  negotiable  by  delivery. 

2409.  Liability  of  indorscrs. 

2410.  Liability    of   broker   or   agent. 


2401.  Liability  of  maker. — The  maker  of  a  negotiable  instrument 
by  making  it  engages  that  he  will  pay  it  according  to  its  tenor,  and 
admits  the  existence  of  the  payee  and  his  then  capacity  to  indorse. 

2402.  Liability  of  drawer. — The  drawer  by  drawing  the  instru- 
ment admits  the  existence  of  the  payee  and  his  then  capacity  to  in- 
dorse; and  engages  that  on  due  presentment  the  instrument  will  be 
accepted  or  paid,  or  both,  according  to  its  tenor,  and  that  if  it  be 
dishonored,  and  the  necessary  proceedings  on  dishonor  be  duly  taken, 
he  will  pay  the  amount  thereof  to  the  holder,  or  to  any  subsequent 
indorser  who  may  be  compelled  to  pay  it.  But  the  drawer  may 
insert  in  the  instrument  an  express  stipulation  negativing  or  limiting 
his  own  liability  to  the  holder. 

2403.  Liability  of  acceptor. — The  acceptor  by  accepting  the  in- 
strument engages  that  he  will  pay  it  according  to  the  tenor  of  his 
acceptance;  and  admits — 

(1)  The  existence,  of  the  drawer,  the  genuineness  of  his  signature, 
and  his  capacity  and  authority  to  draw  the  instrument;  and 

(2)  The  existence  of  the  payee  and  his  then  capacity  to  indorse. 

2404.  Person  deemed  indorser. — A  person  placing  his  signature 
upon  an  instrument  otherwise  than  as  maker,  drawer,  or  acceptor,  is 
deemed  to  be  an  indorser,  unless  he  clearly  indicates  by  appropriate 
words  his  intention  to  be  bound  in  .some  other  capacity. 

2405.  Liability  of  irregular  indorser. — Wliere  a  person,  not  other- 
wise a  party  to  an  instrument,  places  thereon  his  signature  in  blank 
before  delivery,  he  is  liable  as  indorser,  in  accordance  with  the  fol- 
lowing rules : 

278 


THE  CIVIL  CODE  [T.  3,  §  2410 

(1)  If  the  instrument  is  payable  to  the  order  of  a  third  person, 
he  is  liable  to  the  payee  and  to  all  subsequent  parties. 

(2)  If  the  instrument  is  payable  to  the  order  of  the  maker  or 
drawer,  or  is  payable  to  bearer,  he  is  liable  to  all  parties  subsequent 
to  the  maker  or  drawer. 

(3)  If  he  signs  for  the  accommodation  of  the  paj^ee,  he  is  liable 
to  all  parties  subsequent  to  the  payee. 

2406.  Warranty  when  negotiation  by  delivery,  etc. — Every  per- 
son negotiating  an  instrument  by  delivery  or  by  a  qualified  indorse- 
ment, warrants — 

(1)  That  the  instrument  is  genuine  and  in  all  respects  what  it 
purports  to  be ; 

(2)  That  he  has  a  good  title  to  it; 

(3)  That  all  prior  parties  had  capacity  to  contract; 

(4)  That  he  has  no  knowledge  of  any  fact  which  would  impair 
the  validity  of  the  instrument  or  render  it  valueless. 

But  when  the  negotiation  is  by  delivery  only,  the  warranty  extends 
in  favor  of  no  holder  other  than  the  immediate  transferee. 

The  provisions  of  subdivision  three  of  this  section  do  not  apply 
to  persons  negotiating  public  or  corporation  securities,  other  than 
bills  and  notes. 

2407.  Liability  of  general  indorser. — Every  indorser  who  indorses 
without  qualification,  warrants  to  all  subsequent  holders  in  due 
course — - 

(1)  The  matters  and  things  mentioned  in  subdivisions  1,  2,  and  3 
of  the  next  preceding  section ;  and 

(2)  That  the  instrument  is  at  the  time  of  his  indorsement  valid 
and  subsisting. 

And,  in  addition,  he  engages  that  on  due  presentment  it  shall  be 
accepted  or  paid,  or  both,  as  the  case  may  be,  according  to  its  tenor, 
and  that  if  it  be  dishonored,  and  the  necessary  proceedings  on  dis- 
honor be  duly  taken,  he  will  pay  the  amount  thereof  to  the  holder, 
or  to  any  subsequent  indorser  who  may  be  compelled  to  pay  it. 

2408.  When  negotiable  by  delivery. — Where  a  person  places  his 
indorsement  on  an  instrument  negotiable  by  delivery  he  incurs  all 
the  liabilities  of  an  indorser. 

2409.  Liability  of  indorsers. — As  respects  one  another  indorsers 
are  liable  prima  facie  in  the  order  in  which  they  indorse ;  but  evi- 
dence is  admissible  to  show  that  as  between  or  among  themselves  they 
have  agreed  otherwise.  Joint  payees  or  joint  indorsees  who  indorse 
are  deemed  to  indorse  jointly  and  severally. 

2410.  Liability  of  broker  or  agent. — "WTiere  a  broker  or  other 
agent  negotiates  an  instrument  without  indorsement  he  incurs  all  the 
liabilities  prescribed  by  section  2406  of  this  title,  unless  he  discloses 
the  name  of  his  principal  and  the  fact  that  he  is  acting  only  as  agent. 


279 


T.  3,  §2421] 


THE  CIVIL  CODE 


ARTICLE  6.— PRESENTMENT   FOR   PAYMENT 


Sec. 
2421. 
2422. 
2423. 


Soc. 
2431 


payment   not    I'e- 


rreseutineut    for 

quiied  when. 
Delay  excused. 
When   dispensed   with. 
When    dishonored    hy    nonpayment 
Liability  of  person  secondarily  lialile. 
Time  of  payment. 
Determination   of  time. 

2438.  Where  payable  at  bank. 

2439.  Payment  in  due  course. 


2432. 
2433. 

2434. 
2435. 
2-!3(J. 
2437. 


Presentment  for  payment. 
Presentment  for  payment. 
What    constitutes    sufficient    present- 
ment. 

2424.  Place  of  presentment. 

2425.  Must  be  exhibited. 

2426.  Where  payalile  at   bank. 

2427.  When  person  liable  is  dead. 

2428.  Persons   liable   as  partner.s. 

2429.  Joint  debts. 

2430.  Presentment     for     payment    not     re- 

quired   \vil<  II. 

2421.  Presentment  for  payment. — Presentment  for  payment  is 

not  necessary  in  order  to  charge  the  person  primarily  liable  on  the 
instrument;  but  if  the  instrument  is,  by  its  terms,  payable  at  a 
special  place,  and  he  is  able  and  willing  to  pay  it  there  at  maturity, 
such  ability  and  willingness  are  equivalent  to  a  tender  of  payment 
upon  his  part.  But  except  as  herein  otherwise  provided,  present- 
ment for  payment  is  necessary  in  order  to  charge  the  drawer  and 
indorsers. 

2422.  Presentment  for  payment. — Where  the  instrument  is  not 
payable  on  demand,  presentment  must  be  made  on  the  day  it  falls 
due.  Where  it  is  payable  on  demand,  presentment  must  b3  made 
within  a  reasonable  time  after  its  issue,  except  that  in  the  case  of  a 
bill  of  exchange,  presentment  for  payment  will  be  sufficient  if  made 
within  a  reasonable  time  after  the  last  negotiation  thereof. 

2423.  What    constitutes    sufficient    presentment. — Presentment 

for  payment,  to  be  sufficient,  must  be  made — 

(1)  By  the  holder,  or  by  some  person  authorized  to  receive  pa}'- 
ment,  on  his  behalf; 

(2)  At  a  reasonable  hour  on  a  business  day; 

(3)  At  a  proper  place  as  herein  defined; 

(4)  To  the  person  primarilj'^  liable  on  the  instrument,  or  if  he  is 
absent  or  inaccessible,  to  any  person  found  at  the  place  where  the 
presentment  is  made. 

2424.  Place  of  presentment. — Presentment  for  payment  is  made 
at  the  proper  place — 

(1)  Where  a  place  of  payment  is  specified  in  the  instrument  and 
it  is  there  presented ; 

(2)  Where  no  place  of  payment  is  specified,  but  the  address  of 
the  person  to  make  payment  is  given  in  the  instrument  and  it  is 
there  presented; 

(3)  Where  no  place  of  payment  is  specified  and  no  address  is 
given  and  the  instrument  is  presented  at  the  usual  place  of  business 
or  residence  of  the  person  to  make  payment; 

(4)  In  any  other  case  if  presented  to  the  person  to  make  payment 
wherever  he  can  be  found,  or  if  presented  at  his  last  known  place  of 
business  or  residence. 

2425.  Must  be  exhibited. — The  instrument  must  be  exhibited  to 
the  person  from  whom  payment  is  demanded,  and  when  it  is  paid 
must  be  delivered  up  to  the  party  paying  it. 

2426.  Where  payable  at  bank. — Where  the  instrument  is  payable 
at  a  bank,  presentment  for  payment  must  be  made  during  banking 

280 


THE  CIVIL  CODE  [T.  3,  §  2436 

hours,  unless  the  person  to  make  payment  has  no  funds  there  to  meet 
it  at  any  time  during  the  day,  in  which  case  presentment  at  any  hour 
before  the  bank  is  closed  on  tliat  day  is  sulTicient. 

2427.  When  person  liable  is  dead. — Where  the  person  primarily 
liable  on  the  instrument  is  dead,  and  no  place  of  payment  is  specified, 
presentment  for  payment  must  be  made  to  his  personal  representa- 
tive, if  such  there  be,  and  if,  with  the  exercise  of  reasonable  diligence, 
he  can  be  found. 

2428.  Persons  liable  as  partners. — Where  the  persons  primarily 
liable  on  the  instrument  are  liable  as  partners,  and  no  place  of  pay- 
ment is  specified,  presentment  for  payment  may  be  made  to  any  one 
of  them,  even  though  there  has  been  a  dissolution  of  the  firm. 

2429.  Joint  debts. — Where  there  are  several  persons,  not  partners, 

primarily  liable  on  the  instrument,  and  no  place  of  paj^ment  is 
specified,  presentment  must  be  made  to  them  all. 

2430.  Presentment  for  payment  not  required  when. — Present- 
ment for  payment  is  not  required  in  order  to  charge  the  drawer 
where  he  has  no  right  to  expect  or  require  that  the  drawee  or  acceptor 
will  pay  the  instrument. 

2431.  Presentment  for  payment  not  required  when. — Present- 
ment for  payment  is  not  required  in  order  to  charge  an  indorser 
where  the  instrument  was  made  or  accepted  for  his  accommodation 
and  he  has  no  reason  to  expect  that  the  instrument  will  be  paid  if 
presented. 

2432.  Delay  excused. — Delay  in  making  presentment  for  payment 
is  excused  when  the  delay  is  caused  by  circumstances  beyond  the 
control  of  the  holder,  and  not  imputable  to  his  default,  misconduct, 
or  negligence.  When  the  cause  of  delay  ceases  to  operate,  present- 
ment must  be  made  with  reasonable  diligence. 

2433.  When  dispensed  with. — Presentment  for  payment  is  dis- 
pensed with — 

(1)  Where  after  the  exercise  of  reasonable  diligence  presentment 
as  required  by  chapters  66  to  69  of  this  title  cannot  be  made; 

(2)  Where  the  drawee  is  a  fictitious  person; 

(3)  By  waiver  of  presentment,  express  or  implied. 

2434.  When  dishonored  by  nonpayment. — The  instrument  is  dis- 
honored by  nonpayment  when — 

(1)  It  is  duly  presented  for  payment  and  payment  is  refused  or 
cannot  be  obtained ;  or 

(2)  Presentment  is  excused  and  the  instrument  is  overdue  and 
unpaid. 

2435.  Liability  of  person  secondarily  liable. — Subject  to  the  pro- 
visions of  chapters  66  to  69  of  this  title,  when  the  instrument  is 
dishonored  by  nonpayment,  an  immediate  right  of  recourse  to  all 
parties  secondarily  liable  thereon  accrues  to  the  holder. 

2436.  Time  of  payment. — Every  negotiable  instrument  is  payable 
at  the  time  fixed  therein  without  grace.  When  the  day  of  maturity 
falls  upon  Sunday,  or  a  holiday,  the  instrument  is  uayable  on  the 

93083—34 19  281 


T.  3,  §  2437] 


THE  CIVIL  CODE 


next  succeeding  business  day.  Instruments  falling  due  on  Saturday 
are  to  be  presented  for  payment  on  the  next  succeeding  business  day, 
except  that  instruments  payable  on  demand  may,  at  the  option  of 
the  holder,  be  presented  for  payment  before  twelve  o'clock  noon  on 
Saturday  when  that  entire  day  is  not  a  holiday. 

2437.  Determination  of  time. — Where  the  instrument  is  payable 
at  a  fixed  period  after  date,  after  sight,  or  after  the  happening  of 
a  specified  event,  the  time  of  payment  is  determined  by  excluding 
the  day  from  which  the  time  is  to  begin  to  run,  and  by  including 
the  date  of  payment. 

Cross-Refekence 

Excluding  first  day  and  including  last  day,  see  section  D  of  this  title. 

2438.  Where  payable  at  bank. — Where  the  instrument  is  made 
payable  at  a  bank  it  is  equivalent  to  an  order  to  the  bank  to  paj) 
the  same  for  the  account  of  the  principal  debtor  thereon. 

2439.  Payment  in  due  course. — Payment  is  made  in  due  course 

when  it  is  made  at  or  after  the  maturity  of  the  instrument  to  the 
holder  thereof  in  good  faith  and  without  notice  that  his  title  is 
defective. 

ARTICLE  7.— NOTICE  OF  DISHONOR 


Sec. 

2457.  Notice  deemed  given. 

2458.  Deposit  in  post  ofBce. 

2459.  Notice  to  suljsequcnt  party. 
241)0.  Wliere  notice  may  be  sent. 
24GI.   Waiver  of  notice. 

2402.  Who  is  affected  by  waiver. 

2463.  Waiver  of  prote.st. 

2464.  Notice  dispensed  with. 
24G5.  Delay  excused. 

2466.  When    notice   of   dishonor   is   not    re- 

quired. 

2467.  When    not    required    to    be   given    in- 

dorser. 

2468.  Notice    of   nonpayment   where   accep- 

tance refused. 

2469.  Effect  of  omission. 

2470.  Protest. 


Sec. 

2441.  Notice  of  dishonor. 

2442.  By  whom  given. 

2443.  Notice  of  dishonor. 

2444.  Effect  of  notice. 

2445.  Effect  where  notice  is  given  by  party 

entitled   thereto. 

2446.  When  agent  may  give  notice. 

2447.  When  notice  sufficient. 
244S.   Form  of  notice. 

2449.  To  whom  notice  given. 

2450.  Notice  whore  party  is  dead. 

2451.  Notice  to  partners. 
24  52.  Notice   to   persons  jointly  liable. 

2453.  Notice  to  bankrupt. 

2454.  Time    within    which    notice    must    be 

given. 

2455.  Notice  where  parties  reside  in   same 

place. 

2456.  Notice    where    parties    reside    in    dif- 

ferent places. 

2441.  Notice  of  dishonor. — Except  as  herein  otherwise  provided, 
when  a  negotiable  instrument  has  been  dishonored  by  nonacceptance 
or  nonpayment,  notice  of  dishonor  must  be  given  to  the  drawer  and 
to  each  indorser,  and  any  drawer  or  indorser  to  whom  such  notice 
is  not  given  is  discharged. 

CEOSS-RErERENCES 

Notice  to  bankrupt,  see  section  2453  of  this  title. 

Notice  to  partners,  see  section  2451  of  this  title. 

Notice  to  persons  jointly  interested,  see  section  2452  of  this  title. 

Notice  to  subsequent  party,  see  section  2459  of  this  title. 

Notice  where  person  is  dead,  see  section  2450  of  this  title. 

When  notice  need  not  be  given  to  drawer,  see  section  24GG  of  this  title. 

When  notice  need  not  be  given  to  indorser,  see  section  2467  of  this  title. 

2442.  By  whom  given. — The  notice  may  be  given  by  or  on  behalf 
of  the  holder,  or  by  or  on  behalf  of  any  party  to  the  instrument  who 


282 


THE  CIVIL  CODE  [T.  3,  §2450 

might  be  compelled  to  pay  it  to  the  holder,  and  who  upon  taking 
it  up  would  have  a  right  to  reimbursement  from  the  party  to  whom 
the  notice  is  given. 

2443.  Notice  of  dishonor. — Notice  of  dishonor  may  be  given  by 
an  agent  either  in  his  own  name  or  in  the  name  of  any  party  entitled 
to  give  notice,  whether  that  party  be  his  jDrincipal  or  not. 

Ckoss-Reference 
When  agent  may  give  notice,  see  section  2i46  of  this  title. 

2444.  Effect  of  notice. — Where  notice  is  given  by  or  on  behalf  of 
the  holder,  it  inures  for  the  benefit  of  all  subsequent  holders  and  all 
prior  parties  who  have  a  right  of  recourse  against  the  party  to  whom 
it  is  given. 

2445.  Effect  where  notice  is  given  by  party  entitled  thereto. — 

Wliere  notice  is  given  by  or  on  behalf  of  a  party  entitled  to  give 
notice,  it  inures  for  the  benefit  of  the  holder  and  all  parties  subsequent 
to  the  party  to  whom  notice  is  given. 

2446.  When  agent  may  give  notice. — Where  the  instrument  has 
been  dishonored  in  the  hands  of  an  agent,  he  may  either  himself  give 
notice  to  the  parties  liable  thereon  or  he  may  give  notice  to  his  prin- 
cipal. If  he  gives  notice  to  his  principal,  he  must  do  so  within  the 
same  time  as  if  he  were  the  holder,  and  the  principal  upon  the  receipt 
of  such  notice  has  himself  the  same  time  for  giving  notice  as  if  the 
agent  had  been  an  independent  holder. 

Cboss-Rkferencb 
Notice  given  by  agent,  see  section  2443  of  this  title. 

2447.  When  notice  sufficient. — A  written  notice  need  not  be 
signed,  and  an  insufficient  written  notice  may  be  supplemented  and 
validated  by  verbal  communication.  A  misdescription  of  the  instru- 
ment does  not  vitiate  the  notice  unless  the  party  to  whom  the  notice 
is  given  is  in  fact  misled  thereby. 

Ceoss-Refebence 
Form  of  notice,  see  section  2448  of  this  title. 

2448.  Form  of  notice. — The  notice  may  be  in  writing  or  merely 
oral  and  may  be  given  in  any  terms  which  sufficiently  identify  the 
instrument,  and  indicate  that  it  has  been  dishonored  by  nonacceptance 
or  nonpayment.  It  may  in  all  cases  be  given  by  delivering  it  person- 
ally or  through  the  mails. 

2449.  To  whom  notice  given. — Notice  of  dishonor  may  be  given 
either  to  the  party  himself  or  to  his  agent  in  that  behalf. 

2450.  Notice  where  party  is  dead. — When  any  party  is  dead,  and 

his  death  is  known  to  the  party  giving  notice,  the  notice  must  be 
given  to  a  personal  representative,  if  there  be  one,  and  if  with  reason- 
able diligence  he  can  be  found.  If  there  be  no  personal  representative, 
notice  may  be  sent  to  the  last  residence  or  last  place  of  business  of 
the  deceased. 

283 


T.  3.  §  2451]  THE  CIVIL  CODE 

2451.  Notice  to  partners. — Where  the  parties  to  be  notified  are 
partners,  notice  to  any  one  partner  is  notice  to  the  firm,  even  though 
there  has  been  a  dissohition. 

2452.  Notice  to  persons  jointly  liable. — Notice  to  joint  parties 
who  are  not  partners  must  be  given  to  each  of  them,  unless  one  of 
them  has  authority  to  receive  such  notice  for  the  others. 

2453.  Notice  to  bankrupt. — Where  a  party  has  been  adjudged  a 
bankrupt  or  an  insolvent,  or  has  made  an  assignment  for  the  benefit 
of  creditors,  notice  may  be  given  either  to  the  party  himself  or  to 
his  trustee  or  assignee. 

2454.  Time  within  Vv'hich  notice  must  be  given. — Notice  may  be 

given  as  soon  as  the  instrument  is  dishoriored;  and  unless  delay  is 
excused  as  hereinafter  provided,  must  be  given  witliin  the  times 
fixed  by  chapters  (jQ  to  69  of  this  title. 

2455.  Notice  where  parties  reside  in  same  place. — Where  the 
person  giving  and  the  person  to  receive  notice  reside  in  the  same 
place,  notice  must  be  given  within  the  following  times : 

(1)  If  given  at  the  place  of  business  of  the  person  to  receive  notice, 
it  must  be  given  before  the  close  of  business  hours  on  the  day  fol- 
lowing ; 

(2)  If  given  at  his  residence,  it  must  be  given  before  the  usual 
hours  of  rest  on  the  day  following ; 

(3)  If  sent  by  mail,  it  must  be  deposited  in  the  post  office  in  time 
to  reach  him  in  usual  course  on  the  day  following. 

2456.  Notice  where  parties  reside  in  different  places. — Wliere 
the  person  giving  and  the  person  to  receive  notice  reside  in  different 
places,  the  notice  must  be  given  within  the  following  times : 

(1)  If  sent  by  mail,  it  must  be  deposited  in  the  post  office  in  time 
to  go  b}^  mail  the  dav  follov/ing  the  day  of  dishonor,  or  if  there  be 
no  mail  at  a  convenfent  hour  on  that  day,  by  the  next  mail  there- 
after ; 

(2)  If  given  otherwise  than  through  tlie  post  office,  then  within 
the  time  that  notice  would  have  been  received  in  due  course  of  mail, 
if  it  had  been  deposited  in  the  post  office  within  the  time  specified  in 
the  last  subdivision. 

2457.  Notice  deemed  given. — Where  notice  of  dishonor  is  duly 
addressed  and  deposited  in  the  post  office,  the  sender  is  deemed  to 
have  given  due  notice,  notwithstanding  any  miscarriage  in  the  mails. 

2458.  Deposit  in  post  office. — Notice  is  deemed  to  have  been  de- 
joosited  in  post  office  when  deposited  in.  any  branch  post  office  or  in 
any  letter  box  under  the  control  of  the  Postal  Service. 

2459.  Notice  to  subsequent  party. — Where  a  party  receives  no- 
tice of  dishonor,  he  has,  after  the  receipt  of  such  notice,  the  same  time 
for  giving  notice  to  antecedent  parties  that  the  holder  has  after  the 
dishonor. 

2460.  Where  notice  may  be  sent. — Where  a  party  has  added  an 
address  to  his  signature,  notice  of  dishonor  must  be  sent  to  that  ad- 
dress; but  if  he  has  not  given  such  address,  then  the  notice  must  be 
sent  as  follows : 

284 


THE  CIVIL  CODE  [T.  3,  §  2407 

(1)  Either  to  the  post  office  neiirest  to  his  place  of  residence,  or 
to  the  post  office  where  he  is  accustomed  to  receive  his  letters;  or 

(2)  If  he  live  in  one  place,  and  have  his  place  of  business  in  an- 
other, notice  may  be  sent  to  either  place;  or 

(3)  If  he  is  sojourning  in  another  place,  notice  may  be  sent  to 
the  i^lace  where  he  is  sojourning. 

But  where  the  notice  is  actually  received  by  the  party  within 
the  time  specified  in  chapters  6G  to  69  of  this  title,  it  will  be  sufficient, 
though  not  sent  in  accordance  with  the  requirements  of  this  section 

Cboss-Eeference 

Effect  of  niiscarriiige  of  mails,  see  section  2457  of  this  title. 

2461.  Waiver  of  notice. — Notice  of  dishonor  may  be  waived,  eithej 
before  the  time  of  giving  notice  has  arrived,  or  after  the  omission 
to  give  due  notice,  and  the  waiver  may  be  express  or  implied. 

2462.  Who  is  affected  by  v^aiver. — Where  the  waiver  is  embodied 
in  tlie  instrument  itseif,  it  is  binding  upon  all  parties;  but  where  it 
is  written  above  the  signature  of  an  indorser,  it  binds  him  only. 

2463.  Waiver  of  protest. — A  waiver  of  protest,  whether  in  the 
case  of  a  foreign  bill  of  exchange  or  other  negotiable  instrument,  is 
deemed  to  be  a  waiver  not  only  of  formal  protest,  but  also  of 
presentment  and  notice  of  dishonor. 

2464.  Notice  dispensed  with. — Notice  of  dishonor  is  dispensed 

with  when,  after  the  exercise  of  reasonable  diligence,  it  cannot  be 
given  to  or  does  not  reach  the  parties  sougiit  to  be  charged. 

2465.  Delay   excused. — Delay   in   giving   notice   of   dishonor   is 

excused  when  the  delay  is  caused  by  circumstances  beyond  the  con- 
trol of  the  holder,  and  not  imputable  to  his  default,  misconduct,  or 
negligence.  When  the  cause  of  delay  ceases  to  operate,  notice  must 
be  given  with  reasonable  diligence. 

2466.  When  notice  of  dishonor  is  not  required. — Notice  of  dis- 
honor is  not  required  to  be  given  to  the  drawer  in  either  of  the 
following  cases : 

(1)  Where  the  drawer  and  drawee  are  the  same  person; 

(2)  When  the  drawee  is  a  fictitious  person  or  a  person  not  having 
capacity  to  contract; 

(3)  When  the  drawer  is  the  person  to  whom  the  instrument  is 
presented  for  j^ayment; 

(4)  Where  the  drawer  has  no  right  to  expect  or  require  that  the 
drawee  or  acceptor  wiJl  honor  tlie  instrument; 

(5)  Where  the  drawer  has  countermanded  payment. 

2467.  When  not  required  to  be  given  indorser. — Notice  of  dis- 
honor is  not  required  to  be  given  to  an  indorser  in  either  of  the 
following  cases : 

(1)  Where  the  drawee  is  a  fictitious  person  or  a  person  not  having 
capacity  to  contract,  and  the  indorser  was  aware  of  the  fact  at  the 
time  he  indorsed  the  instrument; 

(2)  Where  the  indorser  is  the  person  to  -whom  the  instrument  is 
presented  for  payment; 

285 


T.  3,  §  2468]  THE  CIVIL  CODE 

(3)  Where  the  instrument  was  made  or  accepted  for  his 
accommodation. 

2468.  Notice  of  nonpayment  where  acceptance  refused. — Where 
due  notice  of  dishonor  by  nonacceptance  has  been  given,  notice  of  a 
subsequent  dishonor  by  nonpajanent  is  not  necessary,  unless  in  the 
meantime  the  instrument  has  been  accepted. 

2469.  Effect  of  omission. — An  omission  to  give  notice  of  dishonor 
by  nonacceptance  does  not  prejudice  the  rights  of  a  holder  in  due 
course  subsequent  to  the  omission. 

2470.  Protest. — Where  any  negotiable  instrument  has  been  dis- 
honored it  may  be  protested  for  nonacceptance  or  nonpaj^ment,  as  the 
case  may  be ;  but  protest  is  not  required  except  in  the  case  of  foreign 
bills  of  exchange. 

ARTICLE  8.— DISCHARGE  OF  NEGOTIABLE  INSTRUMENTS 


Sec. 

2481.  How  discharged. 

2482.  Persons  secondarily  liable  discharged. 

2483.  lUght   of  party   who   discharged. 

2484.  Renunciation  by  holder. 


Sec. 

2485.  Cancelation. 

24S(j.  Alteration. 

2487.  Material  alteration. 


2481.  How  discharged. — A  negotiable  instrument  is  discharged — 

(1)  By  payment  in  due  course  by  or  on  behalf  of  the  principal 
debtor ; 

(2)  By  payment  in  due  course  by  the  party  accommodated,  where 
the  instrument  is  made  or  accepted  for  accommodation ; 

(3)  By  the  intentional  cancelation  thereof  b}^  the  holder; 

(4)  By  any  other  act  which  will  discharge  a  simple  contract  for 
the  payment  of  money; 

(5)  When  the  principal  debtor  becomes  the  holder  of  tho  instru- 
ment at  or  after  maturity  in  his  own  right. 

2482.  Persons  secondarily  liable  discharged. — A  person  second- 
arily liable  on  the  instrument  is  discharged — 

(1)  By  any  act  which  discharges  the  instrument; 

(2)  By  the  intentional  cancelation  of  his  signature  b,y  the  holder; 

(3)  By  the  discharge  of  a  prior  party; 

(4)  By  a  valid  tender  of  payment  made  by  a  prior  party; 

(5)  By  a  release  of  the  principal  debtor,  unless  the  holder's  right 
of  recourse  against  the  party  secondarily  liable  is  expressl}^  reserved ; 

(6)  By  any  agreement  binding  upon  the  holder  to  extend  the  time 
of  payment,  or  to  postpone  the  holder's  right  to  enforce  the  instru- 
ment, unless  made  with  the  assent  of  the  party  secondarily  liable, 
or  unless  the  right  of  recourse  against  such  party  is  expressly 
reserved. 

2483.  Right  of  party  who  discharged. — Where  the  instrument  is 
paid  by  a  party  secondarily  liable  thereon,  it  is  not  discharged ;  but 
the  party  so  paying  it  is  remitted  to  his  former  rights  as  regards  all 
prior  parties,  and  he  may  strike  out  his  own  and  all  subsequent 
indorsements,  and  again  negotiate  the  instrument,  except — 

(1)  Where  it  is  payable  to  the  order  of  a  third  person,  and  has 
been  paid  by  the  drawer;  and 

286 


THE  CIVIL  CODE 


[T.  3,  §  24'Jl 


(2)  "Wliere  it  was  made  or  accepted  for  accommodation,  and  has 
been  paid  by  the  party  accommodated. 

2484.  Renunciation  by  holder. — The  holder  may  pxj)ressly  re- 
nounce his  rights  against  any  party  to  the  instrument,  before,  at,  or 
after  its  maturity.  An  absolute  and  unconditional  renunciation  of 
his  rights  against  the  principal  debtor  made  at  or  after  the  maturity 
of  the  instrument  discharges  the  instrument.  But  a  renunciation  does 
not  affect  the  rights  of  a  holder  in  due  course  without  notice.  A 
renunciation  must  be  in  writing,  unless  the  instrument  is  delivered  up 
to  the  person  primarily  liable  thereon. 

2485.  Cancelation. — A  cancelation  made  unintentionally,  or 
under  a  mistake  or  without  the  authority  of  the  holder,  is  inopera- 
tive ;  but  where  an  instrument  or  any  signature  thereon  appears  to 
have  been  canceled  the  burden  of  proof  lies  on  the  party  who  alleges 
that  the  cancelation  was  made  unintentionally,  or  under  a  mistake 
or  without  authority. 

2486.  Alteration. — Where  a  negotiable  instrument  is  materially 

altered  without  the  assent  of  all  parties  liable  thereon,  it  is  avoided, 
except  as  against  a  party  who  has  himself  made,  authorized  or 
assented  to  the  alteration,  and  subsequent  indorsers. 

But  when  an  instrument  has  been  materially  altered  and  is  in  the 
hands  of  a  holder  in  due  course,  not  a  party  to  the  alteration,  he  may 
enforce  payment  thereof  according  to  its  original  tenor. 

2487.  Material  alteration. — Any  alteration  which  changes — 

(1)  The  date; 

(2)  The  sum  payable,  either  for  principal  or  interest; 

(3)  The  time  or  place  of  payment; 

(4)  The  number  or  the  relations  of  the  parties; 

(5)  The  medium  or  currency  in  which  payment  is  to  be  made; 

Or  which  adds  a  place  of  payment  where  no  place  of  payment  is 
specified,  or  any  other  change  or  addition  which  alters  the  effect  of 
the  instrument  in  any  respect,  is  a  material  alteration, 

CHAPTER  67.— BILLS  OF  EXCHANGE 


Art.  Sec. 

1.  Form  and  interpretation 2491 

2.  Acceptance 2501 

3.  Presentment  for  acceptance 2521 

4.  Protest 2531 


Art.  Sec. 

5.  Acceptance  for  honor 2541 

6.  Payment  for  honor 2561 

7.  Bills  in  a  set 2571 


Note. — Chapters   66   to   69  of   this   title   comprise  the   Uniform   Negotiable 
Instruments  Act. 

ARTICLE  1.— FORIM  AND  INTERPRETATION 


Sec. 

2491.  Bill  of  exchange  defined. 

2492.  Not  an  assignment  of  funds. 

2493.  Addressed  to  more  than  one  drawee. 


Sec. 

2494.  Inland  and  foreign  bills. 

2495.  Bill  treated  as  promissory   note. 

2496.  Referee  in  case  of  need. 


Section  2491.  Bill  of  exchange  defined.— A  bill  of  exchange  is  an 
unconditional  order  in  writing  addressed  by  one  person  to  another, 
signed  by  the  person  giving  it,  requiring  the  person  to  whom  it  is 
address'id  to  pay  on  demand  or  at  a  fixed  or  determinable  future  time 
a  sum  certain  in  money  to  order  or  to  bearer. 


•>^ 


T.  3,  §2492] 


THE  CIVIL  CODE 


2492.  Not  an  assignment  of  funds. — A  bill  of  itself  does  not 
operate  as  an  assignment  of  the  funds  in  the  hands  of  the  drawee 
available  for  the  payment  thereof,  and  the  drawee  is  not  liable  on 
the  bill  unless  and  until  he  accepts  the  same. 

2493.  Addressed  to  more  than  one  drawee. — A  bill  may  be  ad- 
dressed to  two  or  more  drawees  jointly,  whether  they  are  partners 
or  not;  but  not  to  two  or  more  drawees  in  the  alternative  or  in 
succession. 

2494.  Inland  and  foreign  bills. — An  inland  bill  of  exchange  is  a 
bill  which  is,  or  on  its  face  purports  to  be,  both  drawn  and  payable 
within  the  Canal  Zone.  Any  other  bill  is  a  foreign  bill.  Unless  the 
contrary  appears  on  the  face  of  the  bill,  the  holder  may  treat  it  as 
an  inland  bill. 

2495.  Bill  treated  as  promissory  note. — Where  in  a  bill  drawer 
and  drawee  are  the  same  person,  or  where  the  drawee  is  a  fictitious 
person,  or  a  person  not  having  capacity  to  contract,  the  holder  may 
treat  the  instrument,  at  his  option,  either  as  a  bill  of  exchange  or  a 
promissory  note. 

2496.  Referee  in  case  of  need. — The  drawer  of  a  bill  and  any  in- 
dorser  may  insert  thereon  the  name  of  a  person  to  whom  the  holder 
may  resort  in  case  of  need;  that  is  to  say  in  case  the  bill  is  dis- 
honored by  nonacceptance  or  nonpayment.  Such  person  is  called  the 
referee  in  case  of  need.  It  is  in  the  option  of  the  holder  to  resort 
to  the  referee  in  case  of  need  or  not  as  he  may  see  fit. 


ARTICLE   2.— ACCEPTANCE 


Sec. 

2501. 

2502. 

2503. 
2504. 
2505. 
2506. 


Acceptance. 

Holder  entitled  to  acceptance  on  face 
of  bill. 

Acceptance  bj'  separate  instrument. 

Promise  to  accept. 

Time  aUowed   drawee  to  accept. 

Liability  of  drawee  retaining  or  de- 
stroying bill. 


Sec. 

2507.  Acceptance  of  incomplete  bill. 

2508.  Kinds  of  acceptance. 

2509.  Kinds  of  acceptance. 

2510.  Qualified   acceptance. 

2511.  Rights    of    parties     as    to     qualified 

acceptances. 


2501.  Acceptance. — The  acceptance  of  a  bill  is  the  signification 
by  the  drawee  of  his  assent  to  the  order  of  the  drawer.  The  accept- 
ance must  be  in  writing  and  signed  by  the  drawee.  It  must  not 
express  that  the  drawee  will  perform  his  promise  by  any  other 
means  than  the  pa3^ment  of  money. 

2502.  Holder  entitled  to  acceptance  on  face  of  bill. — Tlie  holder 
of  a  bill  presenting  the  same  for  acceptance  may  require  tliat  the 
acceptance  be  written  on  the  bill  and,  if  such  request  is  refused, 
may  treat  the  bill  as  dishonored. 

2503.  Acceptance  by  separate  instrument. — Wliere  an  acceptance 

is  written  on  a  paper  other  than  the  bill  itself,  it  does  not  bind  the 
acceptor  except  in  favor  of  a  person  to  whom  it  is  shown  and  who, 
on  the  faith  thereof,  receives  the  bill  for  value. 

2504.  Promise  to  accept. — An  unconditional  promise  in  writing 

to  accept  a  bill  before  it  is  drawn  is  deemed  an  actual  acccjjtance  in 
favor  of  every  person  who,  upon  the  faith  thereof,  receives  the  bill 
for  value. 


288 


TEE  CIVIL  CODE  [T.  3,  §  2511 

2505.  Time  allowed  drawee  to  accept. — The  drawee  is  allowed 
twenty-four  hours  after  presentment  in  which  to  decide  whether  or 
not  he  will  accept  the  bill;  but  the  acceptance,  if  given,  dates  as  of 
the  day  of  presentation. 

2508.  Liability  of  drawee  retaining  or  destroying  bill. — Where 
a  drawee  to  whom  a  bill  is  delivered  for  acceptance  destroys  the 
same,  or  refuses  within  twenty-four  hours  after  such  delivery,  or 
within  such  other  period  as  the  holder  may  allow,  to  return  the  bill 
accepted  or  nonaccepted  to  the  holder,  he  will  be  deemed  to  have 
accepted  the  same. 

2507.  Acceptance  of  incomplete  bill. — A  bill  may  be  accepted 

before  it  has  been  signed  by  the  drawer,  or  while  otherwise  incom- 
plete, or  when  it  is  overdue,  or  after  it  has  been  dishonored  by  a 
previous  refusal  to  accept,  or  by  nonpayment.  But  when  a  bill  pay- 
able after  sight  is  dishonored  by  nonacceptance  and  the  drawee 
subsequently  accepts  it,  the  holder  in  the  absence  of  any  different 
agreement,  is  entitled  to  have  the  bill  accepted  as  of  the  date  of  the 
first  presentment. 

2508.  Kinds  of  acceptance. — An  acceptance  is  either  general  or 
qualified.  A  general  acceptance  assents  without  qualification  to  the 
order  of  the  drawer.  A  qualified  acceptance  in  express  terms  varies 
the  effect  of  the  bill  as  drawn. 

2509.  Kinds  of  acceptance. — An  acceptance  to  pay  at  a  particular 
place  is  a  general  acceptance,  unless  it  expressly  states  that  the  bill  is 
to  be  iDaid  there  only  and  not  elsewhere. 

2510.  Qualified  acceptance. — An  acceptance  is  qualified  which  is — 

(1)  Conditional;  that  is  to  say,  which  makes  payment  by  the 
acceptor  dependent  on  the  fulfillment  of  a  condition  therein  stated; 

(2)  Partial;  that  is  to  say,  an  acceptance  to  pay  part  only  of  the 
amount  for  vs^hich  the  bill  is  drawn ; 

(3)  Local;  that  is  to  say,  an  acceptance  to  pay  only  at  a  particular 
place; 

(4)  Qualified  as  to  time; 

(5)  The  acceptance  of  some  one  or  more  of  the  drawees,  but  not 
of  all. 

2511.  Rights  of  parties  as  to  qualified  acceptances. — The  holder 
may  rej^use  to  take  a  qualified  acceptance,  and  if  he  does  not  obtain 
an  unqualified  acceptance  he  may  treat  the  bill  as  dishonored  by 
nonacceptance.  Where  a  qualified  acceptance  is  taken  the  drawer 
and  indorsers  are  discharged  from  liability  on  the  bill,  unless  they 
have  expressly  or  impliedly  authorized  the  holder  to  take  a  qualified 
acceptance,  or  subsequently  assent  thereto.  When  the  drawer  or  an 
indorser  receives  notice  of  a  qualified  acceptance,  he  must,  within 
a  reasonable  time,  express  his  dissent  to  the  holder,  or  he  will  be 
deemed  to  have  assented  thereto. 


289 


T.  3,  §  2521]  THE  CIVIL  CODE 

ARTICLE  3.— PRESENTMENT  FOR  ACCEPTANCE 


Sec. 

2521.  When     presentment     for     acceptance 

must  bo  made. 

2522.  Time   for  presentment. 

2523.  To  whom  presentment  for  acceptance 

must  be  made. 

2524.  Presentment   of  bill  of  exchange. 


Sec. 

2525.  Presentment    where    time     is    insuf- 
ficient. 

2526.  When  presentment  is  excused. 

2527.  Bill  dishonored  by  nonaccoptance. 

2528.  Duty  of  holder  where  not  accepted. 

2529.  Rights     of     holder     where     bill     not 
accepted. 

2521.  When  presentment  for  acceptance  must  be  made. — Pre- 
sentment for  acceptance  must  be  made — 

(1)  Where  the  bill  is  payable  after  sight,  or  in  any  other  case, 
where  presentment  for  acceptance  is  necessary  in  order  to  fix  the 
maturity  of  the  instrument ;  or 

(2)  Wliere  the  bill  expressly  stipulates  that  it  shall  be  presented 
for  acceptance ;  or 

(3)  Where  the  bill  is  drawn  paj^able  elsewhere  than  at  the  resi- 
dence or  place  of  business  of  the  drawee. 

In  no  other  case  is  presentment  for  acceptance  necessary  in  order 
to  render  any  party  to  the  bill  liable. 

Ckoss-Reiference 
Presentment,  when  excused,  see  section  2526  of  tbis  title. 

2522.  Time  for  presentment. — Except  as  herein  otherwise  pro- 
vided, the  holder  of  a  bill  which  is  required  by  the  next  preceding 
section  to  be  presented  for  acceptance  must  either  present  it  for  ac- 
ceptance or  negotiate  it  within  a  reasonable  time.  If  he  fails  to  do 
so,  the  drawer  and  all  indorsers  are  discharged, 

2523.  To  whom  presentment  for  acceptance  must  be  made. — 

Presentment  for  acceptance  must  be  made  by  or  on  behalf  of  the 
holder  at  a  reasonable  hour,  on  a  business  day  and  before  the  bill 
is  overdue,  to  the  drawee  or  some  person,  authorized  to  accept  or 
refuse  acceptance  on  his  behalf;  and — 

(1)  Where  a  bill  is  addressed  to  two  or  more  drawees  who  are 
not  partners,  presentment  must  be  made  to  them  all,  unless  one  has 
authority  to  accept  or  refuse  acceptance  for  all,  in  which  case  pre- 
sentment may  be  made  to  him  only ; 

(2)  Where  the  drawee  is  dead,  presentment  may  be  made  to  his 
personal  representative ; 

(3)  Where  the  drawee  has  been  adjudged  a  bankrupt  or  an  in- 
solvent or  has  made  an  assignment  for  the  benefit  of  creditors, 
presentment  may  be  made  to  him  or  to  his  trustee  or  assignee. 

2524.  Presentment  of  bill  of  exchange. — A  bill  may  be  presented 
for  acceptance  on  any  day  on  which  negotiable  instruments  may  be 
presented  for  paymem  under  the  provisions  of  sections  2423  to  2436 
of  this  title.  When  Saturday  is  not  otherwise  a  holiday,  pre- 
sentment for  acceptance  may  be  made  before  twelve  o'clock  noon,  on 
that  day. 

2525.  Presentment  where  time  is  insufficient. — Where  the  holder 
of  a  bill  drawn  payable  elsewhere  than  at  the  place  of  business  or  the 
residence  of  the  drawee  has  not  time  with  the  exercise  of  reasonable 
diligence  to  present  the  bill  for  acceptance  before  presenting  it  for 

290 


THE  CIVIL  CODE 


[T.  3,  §  25312 


payment  on  the  day  that  it  falls  due,  the  delay  caused  by  presenting 
the  bill  for  acceptance  before  presenting  it  for  payment  is  excused 
and  does  not  discharge  the  draAvers  and  indorsers. 

2526.  When  presentment  is  excused. — Presentment  for  accept- 
ance is  excused  and  a  bill  may  be  treated  as  dishonored  by  nonaccept- 
ance,  in  either  of  tlie  following  cases : 

(1)  Where  the  drawee  is  dead,  or  has  absconded,  or  is  a  fictitious 
person,  or  a  person  not  having  capacity  to  contract  by  bill ; 

(2)  Where,  after  the  exercise  of  reasonable  diligence,  presentment 
cannot  be  made ; 

(3)  Where,  although  presentment  has  been  irregular,  acceptance 
has  been  refused  on  some  other  ground. 

2527.  Bill  dishonored  by  nonacceptance. — A  bill  is  dishonored  by 
nonacceptance — 

(1)  When  it  is  duly  presented  for  acceptance  and  such  an  accept- 
ance as  is  prescribed  by  chajiters  66  to  69  of  this  title  is  refused  or 
cannot  be  obtained ;  or 

(2)  When  presentment  for  acceptance  is  excused  and  the  bill  is 
not  accepted. 

2528.  Duty  of  holder  where  not  accepted. — Wliere  a  bill  is  duly 
presented  for  acceptance  and  is  not  accepted  within  the  prescribed 
time  the  person  presenting  it  must  treat  the  bill  as  dishonored  by 
nonacceptance  or  he  loses  the  right  of  recourse  against  the  drawer 
and  indorsers. 

2529.  Rights  of  holder  where  bill  not  accepted. — Wlien  a  bill  is 
dishonored  by  nonacceptance,  an  immediate  right  of  recourse  against 
the  drawers  and  indorsers  accrues  to  the  holder  and  no  presentment 
for  payment  is  necessary. 

ARTICLE  4.— PROTEST 


Sec. 

2536.  Protest  both   for   nonacceptance   and 

nonpayment. 

2537.  Protest  before  maturity. 

2538.  When  dispensed  with. 

2539.  When  bill  is  lost,  etc. 


Sec. 

2531.  In  what  cases  protest  necessary. 

2532.  How  made. 

2533.  By  whom  made. 

2534.  When   made. 

2535.  Where  made. 

2531.  In  what  cases  protest  necessary. — Wliere  a  foreign  bill 
appearing  on  its  face  to  be  such  is  dishonored  by  nonacceptance,  it 
must  be  duly  protested  for  nonacceptance,  and  where  such  a  bill 
which  has  not  previously  been  dishonored  by  nonacceptance  is  dis- 
honored by  nonpayment,  it  must  be  duly  protested  for  nonpayment. 
If  it  is  not  so  protested,  the  drawer  and  indorsers  are  discharged. 
Where  a  bill  does  not  appear  on  its  face  to  be  a  foreign  bill,  protest 
thereof  in  case  of  dishonor  is  unnecessary. 

2532.  How  made. — The  protest  must  be  annexed  to  the  bill,  or 
must  contain  a  copy  thereof,  and  must  be  under  the  hand  and  seal 
of  the  notary  making  it,  and  must  specify — 

(1)  The  time  and  place  of  presentment; 

(2)  The  fact  that  presentment  was  made  and  the  manner  thereof; 

(3)  The  cause  or  reason  for  protesting  the  bill; 

(4)  The  demand  made  and  the  answer  given,  if  any,  or  the  fact 
that  the  drawee  or  acceptor  could  not  be  found. 

291 


T.  3,  §  2533] 


THE  CIVIL  CODE 


2533.  By  whom  made. — Protest  may  be  made  by — 

(1)  A  notary  public;  or 

(2)  By  any  respectable  resident  of  the  place  where  the  bill  is 
dishonored,  in  the  presence  of  two  or  more  credible  witnesses. 

2534.  When  made. — When  a  bill  is  protested,  such  protest  must 
be  made  on  the  day  of  its  dishonor,  unless  delay  is  excused  as  herein 
provided.  When  a  bill  has  been  duly  noted,  the  protest  may  be 
subsequently  extended  as  of  the  date  of  the  noting. 

2535.  ¥/here  made. — A  bill  must  be  protested  at  the  place  where 
it  is  dishonored,  except  that  when  a  bill  drawn  payable  at  the  place 
of  business,  or  residence  of  some  person  other  than  the  drawee,  has 
been  dishonored  by  nonacceptance,  it  must  be  protested  for  non- 
payment at  the  place  where  it  is  expressed  to  be  payable,  and  no 
further  presentment  for  payment  to,  or  demand  on,  the  drawee 
is  necessary. 

2536.  Protest  both  for  nonacceptance  and  nonpayment. — A  bill 
which  has  been  protested  for  nonacceptance  may  be  subsequently 
protested  for  nonpayment. 

2537.  Protest  before  maturity. — Where  the  acceptor  has  been 
adjudged  a  bankrupt  or  an  insolvent,  or  has  made  an  assignment 
for  the  benefit  of  creditors,  before  the  bill  matures,  the  holder  may 
cause  the  bill  to  be  protested  for  better  security  against  the  drawer 
and  indorsers. 

2538.  When  dispensed  with. — Protest  is  dispensed  with  by  any 
circumstances  which  would  dispense  with  notice  of  dishonor.  Delaj^ 
in  noting  or  protesting  is  excused  when  delay  is  caused  by  circum- 
stances beyond  the  control  of  the  holder  and  not  imputable  to  his 
default,  misconduct  or  negligence.  When  the  cause  of  delay  ceases 
to  operate,  the  bill  must  be  noted  or  protested  with  reasonable 
diligence. 

2539.  When  bill  is  lost,  etc. — When  a  bill  is  lost  or  destroyed  or 
is  wrongly  detained  from  the  person  entitled  to  hold  it,  protest  may 
be  made  on  a  copy  or  written  particulars  thereof. 

ARTICLE   5.— ACCEPTANCE   FOR    HONOR 


Sec. 

2541.  Acceptance  for  honor. 

2542.  How  made. 

2543.  Wliat  deemed  to  be  an  acceptance  for 

honor  of  the  drawer. 

2544.  Liability  of  acceptor. 

2545.  Agreement  of  acceptor  for  honor. 


Sec. 
2546. 

2547. 
2548. 
2r)4!). 
2550. 


Bill  payable  after  si!;ht. 
rri'test. 

Presentment  to  noceptor. 
Delay  in  pri>scntmont. 
Dishonor     of     l)ill     by     acceptor 
honor. 


for 


2541.  Acceptance  for  honor. — Where  a  bill  of  exchange  has  been 
protested  for  dishonor  by  nonacceptance  or  protested  for  better  secur- 
ity, and  is  not  overdue,  any  person  not  being  a  party  already  liable 
thei-eon  may,  with  the  consent  of  tlie  holder,  intervene  and  accept 
the  bill  supra  protest  for  the  honor  of  any  party  liable  thereon,  or 
for  the  honor  of  the  person  for  whose  account  th.e  bill  is  drawn. 
The  acceptance  for  honor  may  be  for  the  part  only  of  tlie  sum  for 
which  the  bill  is  drawn;  and  where  there  has  been  an  acceptance  for 
honor  for  one  ])arty,  there  may  be  a  further  acceptance  by  a  different 
person  for  the  honor  of  another  party. 

292 


i 


THE  CIVIL  CODE  [T.  3,  §  2561 

2542.  How  made. — An  acceptance -for  honor  supra  protest  must 
be  in  Avritino-,  and  indicate  tliat  it  is  an  acceptance  for  honor,  and 
must  be  signed  by  the  acceptor  for  honor. 

2543.  What  deemed  to  be  an  acceptance  for  honor  of  the 
drawer. — Where  an  acceptance  for  honor  does  not  expressly  state 
for  whose  honor  it  is  made,  it  is  deemed  to  be  an  acceptance  for 
the  honor  of  the  drawer. 

2544.  Liability  of  acceptor. — The  acceptor  for  honor  is  liable  to 
the  holder  and  to  all  parties  to  the  bill  subsequent  to  the  party  for 
vrhose  honor  he  has  accepted. 

2545.  Agreement  of  acceptor  for  honor. — The  acceptor  for  honor 
by  such  acceptance  engages  that  he  will  on  due  presentment  pay  the 
bill  according  to  the  terms  of  his  acceptance;  provided,  it  shall  not 
have  been  paid  by  the  drawee ;  and  provided,  also,  that  it  shall  have 
been  duly  presented  for  payment  and  protested  for  nonpayment  and 
notice  of  dishonor  given  him. 

2546.  Bill  payable  after  sight. — Wliere  a  bill  payable  after  sight 
is  accepted  for  honor,  its  maturity  is  calculated  from  the  date  of  the 
noting  for  nonacceptance  and  not  from  the  date  of  the  acceptance 
for  honor. 

2547.  Protest. — Where  a  dishonored  bill  has  been  accepted  for 
honor  supra  protest  or  contains  a  reference  in  case  of  need,  it  must 
be  protested  for  nonpayment  before  it  is  presented  for  payment  to 
the  acceptor  for  honor  or  referee  in  case  of  need. 

2548.  Presentment  to  acceptor. — Presentment  for  payment  to  the 
acceptoi-  for  honor  must  be  made  as  follows : 

(1)  If  it  is  to  be  presented  in  the  place  where  the  protest  for 
nonpayment  was  made,  it  must  be  presented  not  later  than  the  day 
following  its  maturity. 

(2)  If  it  is  to  be  presented  in  some  other  place  than  the  place 
Avhere  it  was  protested,  then  it  must  be  forwarded  within  the  time 
specified  in  section  2456  of  this  title. 

2549.  Delay  in  presentment. — The  provisions  of  section  2432  of 
this  title  appl}^  where  there  is  delay  in  making  presentment  to  the 
acceptor  for  honor  or  referee  in  case  of  need. 

2550.  Dishonor  of  bill  by  acceptor  for  honor. — When  the  bill  is 
dishonored  by  the  acceptor  for  honor  it  must  be  protested  for  non- 
payment hy  him. 

ARTICLE  6.— PAYMENT  FOR  HONOR 

Sec. 


Sec. 

2561.  Payment  for  honor. 

2562.  Payment  for  honor,  how  made. 

2563.  Declaration. 

2504.  Preference  of  parties. 


2565.  Subsequent  parties  discharged. 

2566.  Right  of  recourse  lost. 

2567.  Right  of  payer  for  honor. 


2561.  Payment  for  honor. — Where  a  bill  has  been  protested  for 
nonpa3-ment,  any  person  may  intervene  and  paj^  it  supra  protest  for 
the  honor  of  any  person  liable  thereon  or  for  the  honor  of  the  person 
for  whose  account  it  was  drawn. 


293 


T.  3,  §  2562] 


THE  CIVIL  CODE 


2562.  Payment  for  honor,  how  made. — The  payment  for  honor 
supra  protest  in  order  to  operate  as  such  and  not  as  a  mere  voluntary 
payment  must  be  attested  by  a  notarial  act  of  honor  which  may  be 
appended  to  the  protest  or  form  an  extension  to  it. 

2563.  Declaration. — The  notarial  act  of  honor  must  be  founded 
on  a  declaration  made  by  the  payer  for  honor  or  by  his  agent  in  that 
behalf  declaring  his  intention  to  pay  the  bill  for  honor  and  for  whose 
honor  he  pays. 

2564.  Preference  of  parties. — Where  two  or  more  persons  offer 
to  pay  a  bill  for  the  honor  of  different  parties,  the  person  whose 
paj'ment  will  discharge  most  parties  to  the  bill  is  to  be  given  the 
preference. 

2565.  Subsequent  parties  discharged. — Where  a  bill  has  been 
paid  for  honor,  all  parties  subsequent  to  the  party  for  whose  honor 
it  is  paid  are  discharged,  but  the  payer  for  honor  is  subrogated  for, 
and  succeeds  to,  both  the  rights  and  duties  of  the  holder  as  regards  the 
party  for  whose  honor  he  pays  and  all  parties  liable  to  the  latter. 

2566.  Right  of  recourse  lost. — Wliere  the  holder  of  a  bill  refuses 
to  receive  payment  supra  protest,  he  loses  his  right  of  recourse  against 
any  party  who  would  have  been  discharged  by  such  payment. 

2567.  Right  of  payer  for  honor. — The  payer  for  honor,  on  paying 
to  the  holder  the  amount  of  the  bill  and  the  notarial  expenses  inci- 
dental to  its  dishonor,  is  entitled  to  receive  both  the  bill  itself  and 
the  protest. 

ARTICLE  7.— BILLS  IN  A  SET 


Sec. 

2571.  Bills  in  sets  one  bill. 

2572.  Where  different  parts  are  negotiated. 

2573.  Liability  of  holder. 


Sec. 

2574.  Acceptance. 

2575,  Payment  by  acceptor. 
257G.  Whole  bill  discharged. 


2571.  Bills  in  sets  one  bill. — Where  a  bill  is  drawn  in  a  set,  each 
part  of  the  set  being  numbered  and  containing  a  reference  to  the 
other  parts,  the  whole  of  the  parts  constitutes  one  bill. 

2572.  Where  different  parts  are  negotiated. — Where  two  or  more 
parts  of  a  set  are  negotiated  to  different  holders  in  due  course,  the 
holder  whose  title  first  accrues  is,  as  between  such  holders,  the  true 
owner  of  the  bill.  But  nothing  in  this  section  affects  the  rights  of 
a  person  who  in  due  course  accepts  or  pays  the  part  fir,st  presented 
to  him. 

2573.  Liability  of  holder. — Where  the  holder  of  a  set  indorses  two 
or  more  parts  to  different  persons  he  is  liable  on  every  such  part, 
and  every  indorser  subsequent  to  him  is  liable  on  the  part  he  has 
himself  indorsed,  as  if  such  part,s  were  separate  bills. 

2574.  Acceptance. — The  acceptance  may  be  written  on  any  part 
and  it  must  be  written  on  one  part  onl}^  If  the  drawee  accepts  more 
than  one  ])art,  and  such  accepted  pai'ts  are  negotiated  to  different 
holders  in  due  course,  he  is  liable  on  every  such  part  as  if  it  were 
a  separate  bill. 


294 


THE  CIVIL  CODE 


[T.  3,  §  258G 


2575.  Payment  by  acceptor. — When  the  acceptor  of  a  bill  drawn 

in  a  set  pa^'s  it  without  requiring  the  part  being  his  acceptance  to 
be  delivered  up  to  him,  and  that  part  at  maturity  is  outstanding  in 
the  hands  of  a  hokler  in  due  course,  he  is  liable  to  the  holder  thereon. 

2576.  Whole  bill  discharged. — Except  as  herein  otherwise  pro- 
vided, where  any  one  part  of  a  bill  drawn  in  a  set  is  discharged 
by  payment  or  otherwise  the  whole  bill  is  discharged. 


CHAPTER  68.— PROMISSORY  NOTES  AND  CHECKS 


Sec. 
2581. 
2582. 
2583. 


Promissory  note  defined. 

Check  defined. 

Time  for  presenting  ctieck. 


Sec. 

2584.  Certified  check. 

2585.  Effect   of   acceptance   or  certification. 

2586.  When   check  operates  as  assignment. 


Note. — Chapters  66  to  69  of  this  title  comprise  the  Uniform  Negotiable  Instru- 
ments Act. 

Section  2581.  Promissory  note  defined. — A  negotiable  promissory 
note  within  the  meaning  of  chapters  GO  to  69  of  this  title  is  an 
unconditional  promise  in  writing  made  by  one  person  to  another, 
signed  by  the  maker,  engaging  to  pay  on  demand,  or  at  a  fixed  or 
determinable  future  time,  a  sum  certain  in  money  to  order  or  to 
bearer,  but  the  negotiability  of  a  promissory  note  otherwise  nego- 
tiable in  form,  secured  by  a  mortgage  or  deed  of  trust  upon  real  or 
personal  property,  shall  not  be  affected  or  abridged  by  reason  of  a 
statement  therein  that  it  is  so  secured,  nor  by  reason  of  the  fact  that 
said  instrument  is  so  secured,  nor  by  any  conditions  contained  in  the 
mortgage  or  deed  of  trust  securing  the  same.  Wliere  a  note  is  drawn 
to  the  maker's  own  order  it  is  not  complete  until  indorsed  by  him. 

2582.  Check  defined. — A  check  is  a  bill  of  exchange  drawn  on  a 
bank  j)ayable  on  demand.  Except  as  herein  otherwise  provided,  the 
provisions  of  chapters  66  to  69  of  this  title  applicable  to  a  bill  of 
exchange  payable  on  demand  apply  to  a  check. 

2583.  Time  for  presenting  check. — A  check  must  be  presented 

for  payment  within  a  reasonable  time  after  its  issue  or  the  drawer 
will  be  discharged  from  liability  thereon  to  the  extent  of  the  loss 
caused  by  the  delay. 

2584.  Certified  check. — Where  a  check  is  certified  by  the  bank  on 
which  it  is  drawn,  the  certification  is  equivalent  to  an  acceptance. 

2585.  Effect  of  acceptance  or  certification. — Where  the  holder  of 
a  check  procures  it  to  be  accej^ted  or  certified,  the  drawer  and  all 
indorsers  are  discharged  from  liability  thereon, 

2586.  When  check  operates  as  assignment. — A  check  of  itself 
does  not  operate  as  an  assignment  of  any  part  of  the  funds  to  the 
credit  of  the  drawer  with  the  bank,  and  the  bank  is  not  liable  to  the 
holder,  unless  and  until  it  accepts  or  certifies  the  check. 


205 


T.  3,  §  2591]  THE  CIVIL  CODE 

CHAPTER    69.— GENERAL    PROVISIONS    RESPECTING    NEGOTIABLE 

INSTRUMENTS 


Sec. 

t.'5'Jl.  Definitions. 

2592.  Forsou     primarily    liable    ou    Instru- 

ment. 

2593.  Reasonable   time,   what  constitutes. 


Sec. 

2591.  Time,    how   computed   when   last   day 

falls  on  holiday. 
2595.  Application  of  chapters  G6  to  69. 


Note. — Chapters  66  to  69  of  this  title  comprise  the  Uuiform  Negotiable  lustru- 
ments  Act. 

Section  2591.  Definitions.— In  chapters  66  to  69  of  this  title, 
unless  the  context  otherwise  requires — 

"Acceptance"  means  an  acceptance  completed  by  delivery  or 
notification. 

"Action  "  includes  counterclaim  and  set-off. 

"  Bank  "  includes  any  person  or  association  of  persons  carrying 
on  the  business  of  banking,  whether  incorporated  or  not. 

"  Bearer  "  means  the  person  in  possession  of  a  bill  or  note  which 
is  payable  to  bearer. 

"  Bill "  means  bill  of  exchange,  and  "  note  "  means  negotiable 
promissory  note. 

"  Delivery  "  means  transfer  of  possession,  actual  or  constructive, 
from  one  person  to  another. 

"  Holder  "  means  the  f)ayee  or  indorsee  of  a  bill  or  note,  who  is 
in  possession  of  it,  or  the  bearer  thereof. 

"  Indorsement "  means  an  indorsement  completed  by  delivery. 

"  Instrument  "  means  negotiable  instrument. 

"  Issue  "  means  the  first  delivery  of  the  instrument  complete  in 
form,  to  a  person  who  takes  it  as  a  holder. 

"  Person  "  includes  a  body  of  persons,  whether  incorporated  or  not. 

"  Value  "  means  valuable  consideration. 

"  Written  "  includes  printed;  and  "  writing  "  includes  print. 

2592.  Person  primarily  liable  on  instrument. — The  person  "  pri- 
marily "  liable  on  an  instrument  is  tlie  person  who  hy  the  terms  of 
the  instrument  is  absolutely  required  to  pay  the  same.  All  other 
parties  are  "  secondarily  "  liable. 

2593.  Reasonable  time,  what  constitutes. — In  determining  what 
is  a  "reasonable  time"  or  an  "unreasonable  time,"  regard  is  to  be 
had  to  the  nature  of  the  instrument,  the  usage  of  trade  or  business 
(if  any)  with  respect  to  such  instruments,  and  the  facts  of  the  par- 
ticular ca.se. 

2594.  Time,  how  computed  when  last  day  falls  on  holiday. — 

Where  the  day,  or  the  last  day,  for  doing  any  act  herein  required  or 
permitted  to  be  done  falls  on  Sunday  or  on  a  holidaj'',  the  act  may 
be  done  on  the  next  succeeding  secular  or  business  day. 

2595.  Application  of  chapters  66  to  69. — The  provisions  of  chap- 
ters 66  to  69  of  this  title  do  not  apply  to  negotiable  instruments  made 
and  delivered  prior  to  the  taking' effect  hereof.  In  any  case  not 
provided  for  in  said  chaptei-s  the  rules  of  the  law  merchant  shall 
covern. 


296 


^1 


THE  CIVIL  CODE 


[T.  3,  §  2621 


CHAPTER    70.— GENERAL    PROVISIONS    AFFECTING    CHAPTERS 

34  TO  69 

Section  2601.  Parties  may  waive  provisions  of  title. — Except 
\Yliere  it  is  otherwise  declared,  the  provisions  of  chapters  84  to  6*J  of 
this  title,  in  respect  to  the  rights  and  obligations  of  parties  to  con- 
tracts, are  subordinate  to  the  intention  of  the  parties,  when  ascer- 
tained in  the  manner  prescribed  by  the  chapter  on  the  interpretation 
of  contracts;  and  the  benefit  thereof  may  be  waived  by  any  party 
entitled  thereto,  unless  such  waiver  would  be  against  public  policy. 

Cboss-Refeeence 
luterpretutiou  of  contracts,  see  sections  901  et  seq.,  of  this  title. 

CHAPTER  71.— RELIEF  IN  GENERAL 


Sec. 

2G12.   Relief  in  case  of  forfeiture. 


Sec. 

2(5]  1.   Species  of  relief. 

Section  2611.  Species  of  relief. — As  a  general  rule  compensation 
is  a  relief  or  remedy  provided  by  the  law  of  the  Canal  Zone  for  the 
violation  of  private  rights,  and  the  means  of  securing  their  observ- 
ance; and  specific  and  preventive  relief  may  be  given  in  no  other 
cases  than  those  specified  in  this  chapter  and  chapters  72  and  73 
of  this  title. 

Cuoss-Rkfebences 

Injunction,  see  sections  2741  et  seq.,  of  this  title. 

Person  suffering  detriment  may  recover  damages,  see  section  2621  of  this 
title. 

Specific  performance,  see  sections  2701  et  seq.,  of  this  title. 

2612.  Relief  in  case  of  forfeiture. — Wlienever,  by  the  terms  of 

an  obligation,  a  party  thereto  incurs  a  forfeiture,  or  a  loss  in  the 
nature  of  a  forfeiture,  by  reason  of  his  fa  dure  to  comply  with  its 
provisions,  he  may  be  relieved  therefrom,  upon  making  full  com- 
pensation to  the  other  party,  except  in  case  of  a  grossly  negligent, 
Avillful,  or  fraudulent  breach  of  duty. 

CHAPTER  72.— COMPENSATORY  RELIEF 

Art.                                                                 Sec.    1  Art.  Sec. 

1.   Damages  in  general 2621    1   2.  Measure    of    damages 2051 

ARTICLE   1.— DAMAGES  IN  GENERAL 


A.  General    Pkinciples 

Sec. 

2021.  Person    suffering    detriment    may    re- 
cover damages. 

2622.  Detriment,  what. 

2623.  Injuries    resulting    or    probable    after 
•    suit  brought. 

B.  Interest  as  Damages 

2031.  Person    entitled    to    recover    damages 
may   recover  interest   thereon. 


Sec. 

2G32.  In  actions  other  than  contract. 
2033.  Limit  of  rate  by  contract. 
2634.  Acceptance  of  principal  waives  claim 
to  interest. 

C.  ElxEMPLARY  Damages 

2641.  Exemplary    damages,    in    what    cases 
allowed. 


A.    GENERAL  PRINCIPLES 

Section   2621.  Person  suffering  detriment  may   recover  dam- 
ages.— Every  person  who  suffers  detriment  from  the  unlawful  act 

93083 — 34 20  297 


T.  3,  §2622]  THE  CIVIL  CODE 

or  omission  of  another,  may  recover  from  the  person  in  fault  a  com- 
pensation therefor  in  money,  which  is  called  damages. 

CROSS-REaFEBENCES 

Damages  are  exclusive  of  exemplary  damages  and  interest,  except  where  those 
are  expressly  mentioned,  see  section  _673  of  this  title. 

Damages  for  breach  of  contract,  see  sections  2G51  et  seq.,  of  this  title. 
Damages  for  torts,  see  sections  2G61  et  seq.,  of  this  title. 
Damages  must  be  reasonable,  see  section  2675  of  this  title. 
Exemplary  damages,  see  section  2641  of  this  title. 
Excessive  damages,  new  trial  for,  see  title  4,  section  532. 
Interest  on  damages,  see  sections  2631  and  2632  of  this  title. 
Limitation  on  amount  of  damages,  see  section  2674  of  this  title. 
Nominal  damages,  see  section  2676  of  this  title. 

2622.  Detriment,  what. — Detriment  is  a  loss  or  harm  suffered  in 
person  or  property. 

2623.  Injuries  resulting  or  probable  after  suit  brought. — Dam- 
ages may  be  awarded,  in  a  judicial  proceeding,  for  detriment  result- 
ing after  the  commencement  thereof  or  certain  to  result  in  the  future. 

B.    INTEREST  AS  DAMAGES 

2631.  Person  entitled  to  recover  damages  may  recover  interest 
thereon. — Every  person  who  is  entitled  to  recover  damages  certain, 
or  capable  of  being  made  certain  by  calculation,  and  the  right  to 
recover  which  is  vested  in  him  upon  a  particular  day,  is  entitled  also 
to  recover  interest  thereon  from  that  day,  except  during  such  time  as 
the  debtor  is  prevented  by  law,  or  by  the  act  of  the  creditor,  from 
paying  the  debt. 

Cross-References 

Damages  prescribed  in  title  are  exclusive  of  interest,  see  section  2673  of  this 
title. 

Interest  as  damages,  see  section  1050  of  this  title. 

Interest  as  damages  on  breach  of  contract,  see  section  2653  of  this  title. 

Interest  in  actions  for  conversion,  see  section  2662  of  this  title. 

2632.  In  actions  other  than  contract. — In  an  action  for  the  breach 
of  an  obligation  not  arising  from  contract,  and  in  every  case  of 
oppression,  fraud,  or  malice,  interest  may  be  given,  in  the  discretion 
of  the  court  or  jury. 

Cross-Rep'eremce 

Interest  in  trover  and  conversion,  see  section  2662  of  this  title. 

2633.  Limit  of  rate  by  contract. — Any  legal  rate  of  interest  stip- 
ulated by  a  contract  remains  chargeable  after  a  breach  thereof,  as 
before,  until  the  contract  is  superseded  by  a  judgment  or  other  new 
obligation. 

2634.  Acceptance  of  principal  waives  claim  to  interest. — Accept- 
ing payment  of  the  whole  principal,  as  such,  waives  all  claims  to 
interest. 

C.  EXEMPLARY  DAMAGES 

2641.  Exemplary  damages,  in  what  cases  allowed. — In  an  action 
for  the  breach  of  an  obligation  not  arising  from  contract,  where  the 

208 


THE  CIVIL  CODE 


[T.  3,  §  2653 


defendant  has  been  guilty  of  oppression,  fraud,  or  malice,  express 
or  implied,  the  plaintiff,  in  addition  to  the  actual  damages,  may  re- 
cover damages  for  the  sake  of  example  and  by  way  of  punishing 
the  defendant. 

Ceoss-Reterences 

Damages  for  wrongs,  generally,  see  sections  2661  et  seq.,  of  this  title. 

Damages  prescribed  in  title  exclusive  of  exemplary  damages,  see  section  2673 
of  this  title. 

Infants  and  insane  persons,  liability  for  exemplary  damages,  see  section  33 
of  this  title. 

Injuries  to  animals,  exemplary  damages  for,  see  section  26G6  of  this  title. 

Person  embezzling  from  estate,  liable  in  double  damages,  see  title  4,  section 
1451. 

ARTICLE  2.— MEASURE  OF  DAMAGES 


A.  Damagks  for  Breach  of  Contract 

Rec. 

2G51.  Measure    of   damages    for   breach    of 

contract. 
i'652.  Damages  must  be  certain. 

2653.  Breach  of  contract  to  pay  liquidated 

sum. 

2654.  Breach  of  carrier's  obligation  to  re- 

ceive goods,  etc. 

2655.  Breach     of     carrier's     obligation     to 

deliver. 

2656.  Carrier's  delay. 

2657.  Breach  of  warranty  of  authority. 

2658.  Breach    of    promise   of    marriage. 

2659.  Liability  for  nonpayment  of  check. 


Sec. 
2661. 


B.  Damages  foe  Wrongs 


Breach  of  obligation  other  than  con- 
tract. 

2662.  Conversion  of  personal  property. 

2663.  Same. 

2664.  Damages  of  lienor. 

2665.  Seduction. 

2666.  Injuries  to  animals. 

C.  General  Provisions 

2671.  Property  of  peculiar  value. 

2672.  Value  of  thing  in  action. 

2673.  Damages  allowed  in  this  article,  ex- 
clusive of  others. 

2674.  Limitation  of  damages. 

2675.  Damages  to  be  reasonable. 

2676.  Nominal  damages. 

a.  damages  for  breach  of  contract 

Ceoss-Refeeences 

Breach  of  warranty,  see  section  1049  of  this  title. 

Measure  of  damages  for  breach  of  contracts  to  sell  and  sales  of  personal 
property,  see  sections  981  et  seq.,  of  this  title. 

2651.  Measure  of  damages  for  breach  of  contract.— For  the 

breach  of  an  obligation  arising  from  contract,  the  measure  of  dam- 
ages, except  where  otherwise  expressly  provided  by  this  title,  is  the 
amount  which  will  compensate  the  party  aggrieved  for  all  the  det- 
riment proximately  caused  thereby,  or  which,  in  the  ordinary  course 
of  things,  would  be  likely  to  result  therefrom. 

Ceoss-Refeeences 

Contract  fixing  damages  for  breach  in  advance,  effect  of,  see  section  934  of 
this  title. 

Damages  limited  to  amount  one  would  gain  by  performance,  see  section  2674 
of  this  title. 

Damages  to  be  reasonable,  see  section  2675  of  this  title. 
Nominal  damages,  see  section  2676  of  this  title. 

2652.  Damages  must  be  certain.— No  damages  can  be  recovered 
for  a  breach  of  contract  which  are  not  clearly  ascertainable  in  both 
their  nature  and  origin. 

2653.  Breach  of  contract  to  pay  liquidated  sum.— The  detriment 
caused  by  the  breach  of  an  obligation  to  pay  money  only,  is  deemed 


299 


T.  3,  §2654  THE  CIVIL  CODE 

to  be  the  amount  due  by  the  terms  of  the  obligation,  with  interest 
thereon. 

2654.  Breach  of  carrier's  obligation  to  receive  goods,  etc. — The 

detriment  caused  by  the  breach  of  a  carrier's  obligation  to  accept 
freight,  messages,  or  passengers,  is  deemed  to  be  the  difference  be- 
tween the  amount  which  he  had  a  right  to  charge  for  the  carriage 
and  the  amount  which  it  wonld  be  necessary  to  pay  for  the  same 
service  when  it  ought  to  be  performed. 

CKOSS-REFEaSENCE 

Obligation  to  receive  freight,  see  section  1472  of  this  title. 

2655.  Breach  of  carrier's  obligation  to  deliver. — The  detriment 
caused  by  the  breach  of  a  carrier's  obligation  to  deliver  freight, 
where  he  has  not  converted  it  to  his  own  use,  is  deemed  to  be  the 
value  thereof  at  the  place  and  on  the  day  at  which  it  should  have 
been  delivered,  deducting  the  freightage  to  which  he  would  have 
been  entitled  if  he  had  completed  the  delivery. 

Ckoss-Eeferences 

Delivery  of  property  by  carrier,  see  section  1434  of  this  title. 
Stoppage  in  transitu,  see  sections  1037  et  seq.,  of  this  title. 

2656.  Carrier's  delay. — The  detriment  caused  by  a  carrier's  delay 
in  the  delivery  of  freight,  is  deemed  to  be  the  depreciation  in  the 
intrinsic  value  of  the  freight  during  the  delay,  and  also  the  deprecia- 
tion, if  any,  in  the  market  value  thereof,  otherwise  than  by  reason 
of  a  depreciation  in  its  intrinsic  value,  at  the  place  where  it  ought 
to  have  been  delivered,  and  between  the  day  at  which  it  ought  to 
have  been  delivered,  and  the  day  of  its  actual  delivery. 

Cross-references 

Carrier's  liability  for  delay,  see  section  1493  of  this  title. 

Delay  in  carriage,  liability  for,  see  sections  1415  and  1493  of  this  title. 

2657.  Breach  of  v/arranty  of  authority. — The  detriment  caused 
by  the  breach  of  a  v/arranty  of  an  agent's  authority,  is  deemed  to 
be  the  amount  which  could  have  been  recovei-ed  and  collected  from 
his  principal  if  the  warranty  had  been  complied  with,  and  the  rea- 
sonable expenses  of  legal  proceedings  taken,  in  good  faith,  to  enforce 
the  act  of  the  agent  against  his  principal. 

Cboss-Reference 

Warranty  of  authority  by  one  assuming  to  act  as  agent,  see  section  1671  of 
this  title. 

2658.  Breach  of  promise  of  marriage. — The  damages  for  the 
breach  of  a  promise  of  marriage  rest  in  tlie  sound  discretion  of  the 
court  or  jury. 

2659.  Liability  for  nonpayment  of  check. — No  bank  shall  be  lia- 
ble to  a  depositor  because  of  the  nonpayment  through  mistake  or 

300 


THE  CIVIL  CODE  [T.  3,  §  2666 

error,  and  without  malice,  of  a  check  which  should  have  been  paid 
unless  the  depositor  shall  allege  and  prove  actual  damage  by  reason 
of  such  nonpayment  and  in  such  event  the  liability  shall  not  exceed 
the  amount  of  damage  so  proved. 

B.   DAMAGES  FOR   WRONGS 

2661.  Breach  of  obligation  other  than  contract. — For  the  breach 

of  an  obligation  not  arising  from  contract  the  measure  of  damages, 
except  where  otherwise  expressly  provided  by  this  title,  is  the 
amount  which  Avill  compensate  for  all  the  detriment  proximately 
caused  thereby,  whether  it  could  have  been  anticipated  or  not. 

Cro3s-Eeference 

Diniiimtinn  of  damages  in  proportion  to  want  of  care  of  person  injured, 
see  aottiun  977  of  this  title. 

2662.  Conversion  of  persona!  property. — The  detriment  caused  by 

the  wrongful  conversion  of  personal  property  is  presumed  to  be — 

First.  The  value  of  the  property  at  the  time  of  the  conversion, 
with  the  interest  from  that  time,  or  where  the  action  has  been 
prosecuted  with  reasonable  diligence,  the  highest  market  value  of 
the  property  at  any  time  between  the  conversion  and  the  judgment, 
without  interest,  at  the  option  of  the  injured  party;  and 

Second.  A  fair  compensation  for  the  time  and  money  properly 
expended  in  pursuit  of  the  property. 

2663.  Same. — The  presumption  declared  by  the  next  preceding 
section  cannot  be  repelled  in  favor  of  one  whose  possession  was 
wrongful  from  the  beginning,  by  his  subsequent  application  of  the 
property  to  the  benefit  of  the  owner,  without  his  consent. 

2664.  Damages  of  lienor. — One  having  a  mere  lien  on  personal 
property,  cannot  recover  greater  damages  for  its  conversion,  from 
one  having  a  right  thereto  superior  to  his,  after  his  lien  is  discharged, 
than  the  amount  secured  by  the  lien,  and  the  compensation  allov/ed 
by  section  2662  of  this  title  for  loss  of  time  and  expenses. 

Cross-Reifekences 

Damages  for  conversion  of  personalty,  generally,  see  section  26G2  of  this  title. 
Levy  on  mortgaged  chattel,  see  section  2269  of  this  title. 

2665.  Seduction. — The  damages  for  seduction  rest  in  the  sound 
discretion  of  the  court  or  jury. 

CBOSS-REFE3tENCES  * 

Action  by  parent  or  guardian,  see  title  4,  section  130. 
Action  by  unmarried  female,  see  title  4,  section  129. 

2666.  Injuries   to  animals. — For   wrongful   injuries   to  animals 

being  subjects  of  property,  committed  willfully  or  by  gross  negli- 
gence, in  disregard  of  humanity,  exemplary  damages  may  be  given. 

Cross-Refeeence 

Exemplary  damages,  generally,  see  section  2641  of  this  title. 

301 


T.  3,  §2671]  THE  CIVIL  CODE 

C.    GENERAL  PROVISIONS 

2671.  Property  of  peculiar  value. — Where  certain  property  has  a 
peculiar  value  to  a  person  recovering  damages  for  deprivation  there- 
of, or  injury  thereto,  that  may  be  deemed  to  be  its  value  against  one 
who  had  notice  thereof  before  incurring  a  liability  to  damages  in 
respect  thereof,  or  against  a  willful  wrongdoer. 

2672.  Value  of  thing  in  action. — For  the  purpose  of  estimating 
damages,  the  value  of  an  instrument  in  writing  is  presumed  to  be 
equal  to  that  of  the  property  to  which  it  entitles  its  owner. 

2673.  Damages  allowed  in  this  article,  exclusive  of  others. — The 

damages  prescribed  by  sections  2651  to  2676  of  this  title  are  exclusive 
of  exemplary  damages  and  interest,  except  where  those  are  expressly 
mentioned. 

Ceoss-Refebences 

Exemplary  damages,  see  section  2641  of  this  title. 
Interest,  see  sections  1050  and  2631  to  2634  of  this  title. 

2674.  Limitation  of  damages. — Notwithstanding  the  provisions  of 

sections  2651  to  2676  of  this  title,  no  person  can  recover  a  greater 
amount  in  damages  for  the  breach  of  an  obligation  than  he  could 
have  gained  by  the  full  performance  thereof  on  both  sides,  except 
in  the  cases  specified  in  section  2641  of  this  title  on  exemplary  dam- 
ages and  in  sections  2658,  2665,  and  2666  of  this  title. 

Ceoss-Retekence 
Exemplary  damages,  see  section  2641  of  this  title. 

2675.  Damages  to  be  reasonable. — Damages  must,  in  all  cases,  be 
reasonable,  and  where  an  obligation  of  any  kind  appears  to  create 
a  right  to  unconscionable  and  grossly  oppressive  damages,  contrary 
to  substantial  justice,  no  more  than  reasonable  damages  can  be 
recovered. 

Ceoss-Refekence 

Liquidated  damages  and  i)enalty,  see  sections  933  and  934  of  this  title. 

2676.  Nominal  damages. — ^When  a  breach  of  duty  has  caused  no 
appreciable  detriment  to  the  party  affected,  he  may  yet  recover 
nominal  damages. 

CHAPTER  73.— SPECIFIC  AND  PREVENTIVE  RELIEF 


Art.  Sec. 

1.  General  principles 2681 

2.  Specific  relief 2691 


Art.  Sec. 

3.   Preventive  relief 2741 


ARTICLE  1.— GENERAL  PRINCIPLES 


Sec. 

2681.  Specific  relief,  etc.,  when  allowed. 

2682.  Specific  relief,  how  given. 


Sec. 

2(583.  Preventive  relief,  how  given. 

2(iS4.  Not  to  enforce  penalty,  etc. 


Section  2681.  Specific  relief,  etc.,  when  allowed. — Specific  or  pre- 
ventive relief  may  be  given  as  provided  by  the  laws  of  the  Canal 
Zone. 


THE  CIVIL  CODE 


[T.  3,  §  2691 


Cross-Refekences 

Cancellation  of  instruments,  see  sections  2731  et  seq.,  of  this  title. 

Claim  ana  delivery,  see  title  4.  sections  321  et  seq.,  and  751. 

Injunctions,  see  sections  2741  et  seq.,  of  this  title. 

Possession  of  personal  property,  see  sections  2691  et  seq.,  of  this  title. 

Rescission  of  contracts,  see  sections  911  et  seq.,  and  2721  et  seq.,  of  this  title. 

Revision  of  contracts,  see  sections  2711  et  seq.,  of  this  title. 

Specific  performance  of  obligation,  see  sections  2701  et  seq.,  of  this  title. 

2682.  Specific  relief,  how  given. — Specific  relief  is  given— ■ 

1.  By  taking  possession  of  a  thing  and  delivering  it  to  a  claimant; 

2.  By  compelling  a  party  himself  to  do  that  which  ought  to  be 
done;  or 

3.  By  declaring  and  determining  the  rights  of  parties,  otherwise 
than  by  an  award  of  damages. 

Ck  OSS-Reference 
Writ  of  mandate,  see  title  4,  sections  1051  to  1061. 

2683.  Preventive  relief,  how  given. — Preventive  relief  is  given  by 
prohibiting  a  party  from  doing  that  which  ought  not  to  be  done. 

Ceoss-Reterences 

Preventive  relief,  generally,  see  sections  2741  et  seq.,  of  this  title. 
Injunction,  see  title  4,  sections  341  to  346. 
Prohibition,  see  title  4,  sections  1071  to  1074. 
Certiorari,  see  title  4,  sections  1031  et  seq. 
Contempt,  see  title  4,  sections  1161  et  seq. 

2684.  Not  to  enforce  penalty,  etc. — Neither  specific  nor  pre- 
ventive relief  can  be  granted  to  enforce  a  penal  law,  except  in  a  case 
of  nuisance,  nor  to  enforce  a  penalty  or  forfeiture  in  any  case. 

ARTICLE  2.— SPECIFIC  RELIEF 


A.  Possession  of  Personal  Property 

Sec. 

2691.  Judgment  for  delivery. 

2692.  Specific  delivery. 

B.  Specific  Performance  of  Obligations 

2701.  Sneciflc  performance. 

2702.  No    remedy    unless    mutual. 

2703.  Contract    signed    by    one    party    only, 

may  be  enforced  by  other. 

2704.  Liquidation  of  damages  not  a  bar  to 

specific  performance. 

2705.  What      cannot     be      specifically      en- 

forced. 

2706.  What  parties  cannot  be  compelled  to 

perform. 

2707.  What    parties    cannot    have    specific 

performance  in   their  favor. 


C.  Revision  of  Contracts 
Sec. 

2711.  When  contract  may  be  revised. 

2712.  Presumption  as  to  intent  of  parties. 

2713.  Principles  of  revision. 

2714.  Enforcement  of  revised  contract. 

D.  Kescission    of    Contracts 

2721.  When  rescission  may  be  adjudged. 

2722.  Rescission  for  mistake. 

2723.  Court    may    require    party   rescinding 

to  do  equity. 

E.  Cancelation  of  Instruments 

2731.  When  cancelation   may  be  ordered. 

2732.  Instruments  obviously  void. 

2733.  Cancelation  in  part. 

2734.  Reissuance,  etc.,  of  lost  private  doc- 

uments or  instruments. 


A.   POSSESSION   OF   PERSONAL   PROPERTY 

2691.  Judgment  for  delivery. — A  person  entitled  to  the  imme- 
diate possession  of  specific  personal  property  may  recover  the  same  in 
the  manner  provided  by  Title  4,  The  Code  of  Civil  Procedure. 

Cross-Reference 

Claim  and  delivery,  see  title  4,  sections  321  to  332. 

303 


T.  3,  §  2692]  THE  CIVIL  CODE 

2692.  Specific  delivery. — Any  person  having  the  possession  or  con- 
trol of  a  particular  article  of  personal  property,  of  ^Yhich  he  is  not 
the  owner,  may  be  compelled  specifically  to  deliver  it  to  the  person 
entitled  to  its  immediate  possession. 

B.    SPECIFIC   PERFORMANCE   OF   OBLIGATIONS 

2701.  Specific  performance. — Except  as  otherwise  provided  in 
sections  2702  to  2707  of  this  title,  the  specific  performance  of  an  obli- 
gation may  be  compelled. 

Ceoss-Refekeinces 

Specifically  enforcing  revised  contract,  see  section  2714  of  this  title. 
Specific  performance,  see  sections  2705  and  2707  of  this  title. 
Specific  performance  of  contract  to  deliver  specific  or  ascertained  goods,  see 
section  1048  of  this  title. 

Enforcement  of  contract  of  decedent,  see  title  4,  sections  1541  et  seq. 

2702.  No  remedy  unless  mutual. — Neither  party  to  an  obligation 
can  be  compelled  specifically  to  perform  it,  unless  the  other  party 
thereto  has  performed,  or  is  compellable  specifically  to  perform, 
everything  to  which  the  former  is  entitled  under  the  same  obligation, 
cither  completely  or  nearly  so,  together  v/ith  full  compensation  for 
any  want  of  entire  performance. 

Cross-Refekencb 

Performance  by  parties  seeking  execution,  compare  with  section  2707  of  this 
title. 

2703.  Contract  signed  by  one  party  only,  may  be  enforced  by 
other. — A  party  who  has  signed  a  written  contract  may  be  compelled 
.'^pecificall}^  to  perform  it,  though  the  other  party  has  not  signed  it, 
if  the  latter  has  performed,  or  offers  to  perform  it  on  his  part,  and 
the  case  is  otherwise  proper  for  enforcing  specific  performance. 

2704.  Liquidation  of  damages  not  a  bar  to  specific  perform- 
ance.— A  contract  otherwise  proper  to  be  specifically  enforced,  may 
be  thus  enforced,  though  a  penalty  is  imposed,  or  the  damages  are 
liquidated  for  its  breach,  and  the  party  in  default  is  willing  to  pay 
the  same. 

2705.  What  cannot  be  specifically  enforced. — The  following  obli- 
gations cannot  be  specifically  enforced : 

1.  An  obligation  to  render  personal  service;    ' 

2.  An  obligation  to  employ  another  in  personal  service; 

3.  An  agreement  to  submit  a  controversy  to  arbitration; 

4.  An  agreement  to  perform  an  act  which  the  party  has  not  power 
lawfully  to  perform  when  required  to  do  so; 

5.  An  agreement  to  procure  the  act  or  consent  of  the  wife  of  the 
contracting  party,  or  of  any  other  third  person;  or 

6.  An  agreement,  tlie  terms  of  which  are  not  sufficiently  certain  to 
make  the  precise  act  which  is  to  be  done  clearly  ascertainable. 

Cboss-Re!febencb 
What  parties  cannot  have  specific  performance,  see  section  2707  of  this  title. 

304 


THE  CIVIL  CODfJ  [T.  3,  §  2714 

2706.  What  parties  cannot  be  compelled  to  perform. — Specific 
performance  cannot  be  enforced  against  a  party  to  a  contract  in  any 
of  the  following  cases: 

1.  If  he  has  not  received  an  adequate  consideration  for  the  con- 
tract ; 

2.  If  it  is  not,  as  to  him,  just  and  reasonable; 

3.  If  his  assent  was  obtained  by  the  misrepresentation,  conceal- 
ment, circumvention,  or  unfair  practices  of  any  party  to  whom  per- 
formance would  become  due  under  the  contract,  or  by  any  promise 
of  such  party  which  has  not  been  substantially  fulfilled ;  or 

4.  If  his  assent  was  given  under  the  influence  of  mistake,  misappre- 
hension, or  surprise,  except  that  where  the  contract  provides  for 
compensation  in  case  of  mistake,  a  mistake  within  the  scope  of  such 
provision  may  be  compensated  for,  and  the  contract  specifically 
enforced  in  other  respects,  if  proper  to  be  so  enforced. 

2707.  What  parties  cannot  have  specific  performance  in  their 
favor. — Specific  performance  cannot  be  enforced  in  favor  of  a  party 
who  has  not  fully  and  fairly  performed  all  the  conditions  precedent 
on  his  part  to  the  obligation  of  the  other  party,  except  where  his 
failure  to  perform  is  only  partial,  and  either  entirely  immaterial, 
or  capable  of  being  fully  compensated,  in  which  case  specific  per- 
formance may  be  compelled,  upon  full  compensation  being  made  for 
the  default. 

Cross-Reference 

What  obligations  cannot  be  specifically  enforced,  see  section  2705  of  this  title. 
C.    REVISION   OF  CONTRACTS 

2711.  When  contract  may  be  revised. — Wlien,  through  fraud  or  a 
mutual  mistake  of  the  parties,  or  a  mistake  of  one  party,  which 
the  other  at  the  time  knew  or  suspected,  a  written  contract  does  not 
truly  express  the  intention  of  the  parties,  it  may  be  revised  on  the 
application  of  a  party  aggrieved,  so  as  to  express  that  intention,  so 
far  as  it  can  be  done  without  prejudice  to  rights  acquired  by  third 
persons,  in  good  faith  and  for  value. 

Ceoss-Refekences 

Contract  disregarded  where  not  expressing  intent  through  fraud  or  mistake, 
see  section  906  of  this  title. 
Revised  to  express  intention,  see  section  2713  of  this  title. 

2712.  Presumption  as  to  intent  of  parties. — For  the  purpose  of 

revising  a  contract,  it  must  be  presumed  that  all  the  parties  thereto 
intended  to  make  an  equitable  and  conscientious  agreement. 

2713.  Principles  of  revision. — In  revising  sk  written  instrument, 
the  court  may  inquire  Vvhat  the  instrument  was  intended  to  mean, 
and  what  were  intended  to  be  its  legal  consequences,  and  is  not  con- 
fined to  the  inquiry  what  the  language  of  the  instrument  was  intended 
to  be. 

2714.  Enforcement  of  revised  contract. — A  contract  may  be  first 
revised  and  then  specificall37^  enforced. 

305 


T.  3,  §  2721]  THE  CIVIL  CODE 

D.  RESCISSION  OF  CONTRACTS 

2721.  When  rescission  may  be  adjudged. — The  rescission  of  a 
written  contract  may  be  adjudged,  on  tl:ie  application  of  a  party 
aggrieved : 

1.  In  any  of  the  cases  mentioned  in  section  952  of  this  title; 

2.  Where  the  contract  is  unlawful,  for  causes  not  apparent  upon 
its  face,  and  the  parties  were  not  equally  in  fault ;  or 

3.  When  the  public  interest  will  be  prejudiced  by  permitting  it 
to  stand. 

Ckoss-Refekences 

Cancelation  of  instrnments,  see  sections  2731  et  seq.,  of  this  title. 
Rescission  of  contracts  by  party  thereto,  see  section  952  of  this  title. 
Rescission,  how  effected,  see  section  954  of  this  title. 

2722.  Rescission  for  mistake. — Rescission  cannot  be  adjudged  for 
mere  mistake,  unless  the  party  against  whom  it  is  adjudged  can 
be  restored  to  substantially  the  same  position  as  if  the  contract  had 
not  been  made. 

Cross-References 

Mistake,  see  sections  832  et  seq.,  of  this  title. 

Placing  party  in  statu  quo,  see  section  954  of  this  title. 

2723.  Court  may  require  party  rescinding  to  do  equity. — On  ad- 
judging the  rescission  of  a  contract,  the  court  may  require  the  party 
to  whom  such  relief  is  granted  to  make  any  compensation  to  the 
other  which  justice  may  require. 

E.    CANCELATION  OF  INSTRUMENTS 

2731.  When  cancelation  may  be  ordered. — A  written  instrument, 
in  respect  to  which  there  is  a  reasonable  apprehension  that  if  left 
outstanding  it  may  cause  serious  injury  to  a  person  against  whom 
it  is  void  or  voidable,  may,  upon  his  application,  be  so  adjudged,  and 
ordered  to  be  delivered  up  or  canceled. 

Cross-References 

Cancelation  and  alteration  of  instruments  by  parties  thereto,  see  section  961 
et  seq.,  of  this  title. 

Rescission  of  contracts,  see  sections  951  et  seq.,  and  2721  et  seq.,  of  this  title. 
Removing  cloud  on  title,  see  title  4,  section  661. 

2732.  Instrument  obviously  void. — An  instrument,  the  invalidity 
of  which  is  apparent  upon  its  face  or  upon  the  face  of  another 
instrument  which  is  necessary  to  the  use  of  the  former  in  evidence, 
is  not  to  be  deemed  capable  of  causing  injury,  within  the  provisions 
of  the  next  preceding  section. 

2733.  Cancelation  in  part. — Wliere  an  instrument  is  evidence  of 
different  rights  or  obligations,  it  may  be  canceled  in  part,  and 
allowed  to  stand  for  the  residue. 

2734.  Reissuance,  etc.,  of  lost  private  documents  or  instru- 
ments.— An  action  may  be  maintained  by  any  person  interested  in 
any  private  document  or  instrument  in  writing,  which  has  been  lost, 

806 


THE  CIVIL  CODE  [T.  3,  §  2754 

destroyed,  or  dania<jed  by  conflagration  or  other  public  calamity,  to 
prove,  establish,  compel  the  reissuance,  reexecution,  and  reacknowl- 
edgment  of  such  document  or  instrument.  If  such  document  or 
instrument  be  a  negotiable  instrument,  the  court  must  compel  the 
person  in  whose  favor  it  is  drawn  to  give  a  bond  executed  by  himself 
and  two  sufficient  sureties  to  indemnify  the  person  reissuing,  reexe- 
cuting,  or  reacknowledging  the  same  against  any  laAvful  claim 
thereon. 

ARTICLE  3.— PREVENTIVE  RELIEF 

Sec.  I    Sec. 

2741.  Preventive  relief,  how  granted.  I    2742.   Injunctions  regulated  by  title  4. 

2741.  Preventive    relief,    how    granted.— Preventive    relief    is 
granted  by  injunction,  preliminary  or  final. 

Cross-References 

Enjoining  nuisance,  see  title  4,  section  651. 

Mortgage,  restraining  waste  during  foreclosure,  see  title  4,  section  668. 

2742.  Injunctions  regulated  by  title  4.— Injunctions  are  regu- 
lated by  Title  4,  The  Code  of  Civil  Procedure. 

Ceoss-Refesence 
Provisional  injunctions,  see  title  4,  sections  341  et  seq. 

CHAPTER   74.— SPECIAL   RELATIONS   OF   DEBTOR   AND   CREDITOR 


Art.  Sec. 

1.  General  principles 2751 

2.  Fraudulent  instruments  and  trans- 

fers    2761 


Art.  Sec. 
.3.  Assignments  for  benefit  of  credi- 
tors       2771 


ARTICLE  1.— GENERAL  PRINCIPLES 


Sec. 

2751.  Who  is  a  debtor. 

2752.  Who  is  a  creditor. 

2753.  Contracts  of  debtor  are  valid. 


Sec. 

2754.  Payments  in  preference. 

2755.  Relative  rights  of  different  creditors. 


Section  2751.  Who  is  a  debtor.— A  debtor,  within  the  meaning  of 
this  chapter,  is  one  who,  by  reason  of  an  existing  obligation,  is  or 
may  become  liable  to  pay  money  to  another,  whether  such  liability  is 
certain  or  contingent. 

2752.  Who  is  a  creditor. — A  creditor,  within  the  meaning  of  this 
chapter,  is  one  in  whose  favor  an  obligation  exists,  by  reason  of  which 
he  is,  or  may  become,  entitled  to  the  payment  of  money. 

2753.  Contracts  of  debtor  are  valid. — In  the  absence  of  fraud, 
every  contract  of  a  debtor  is  valid  against  all  his  creditors,  existing 
or  subsequent,  who  have  not  acquired  a  lien  on  the  property  affected 
by  such  contract. 

2754.  Payments  in  preference. — A  debtor  may  pay  one  creditor 

in  preference  to  another,  or  may  give  to  one  creditor  security  for  the 
payment  of  his  demand  in  preference  to  another. 

Ceoss-Referbnce 
Preferring  creditor,  see  section  2779  (1)  of  this  title. 

307 


;7G3.  Creditor's    right    must    be    Judicially 
ascertained. 


T.  3,  §  2735]  THE  CIVIL  CODE 

2755.  Relative  rights  of  different  creditors. — Where  a  creditor  is 

entitled  to  resort  to  each  of  several  funds  for  the  satisfaction  of  his 
claim,  and  another  person  has  an  interest  in,  or  is  entitled  as  a 
creditor  to  resort  to  some,  but  not  all  of  them,  the  latter  may  require 
the  former  to  seek  satisfaction  from  those  funds  to  which  the  latter 
has  no  such  claim,  so  far  as  it  can  be  done  without  impairing  the  right 
of  the  former  to  complete  satisfaction,  and  without  doing  injustice 
to  third  persons. 

Cross  Refebence 
Order  of  resort  to  different  funds,  see  section  2202  of  this  title. 

ARTICLE  2.— FRAUDULENT  INSTRUMENTS  AND  TRANSFERS 
Sec.  Sec. 

i;7G].  Transfers,    etc.,    witli    intent    to    de- 
fraud creditors. 
2762.  Transfers  presumed  fraudulent. 

2761.  Transfers,  etc.,  with  intent  to  defraud  creditors. — Every 

transfer  of  property  or  charge  thereon  made,  eveiy  obligation  in- 
curred, and  every  judicial  proceeding  taken,  with  intent  to  delay  or 
defraud  any  creditor  or  other  person  of  his  demands,  is  void  against 
all  creditors  of  the  debtor,  and  their  successors  in  interest,  and  against 
any  person  upon  whom  the  estate  of  the  debtor  devolves  in  trust  for 
the  benefit  of  others  than  the  debtor. 

Cross-Refeeences 

Arrest,  see  title  4,  section  292. 

Undertaking  in  action  to  set  aside  frautlu'ent  conveyance,  see  title  4,  sections 
561  et  seq. 

2762.  Transfers  presumed  fraudulent. — Every  transfer  of  per- 
sonal propert}'',  other  than  a  thing  in  action,  or  a  ship  or  cargo  at  sea 
or  in  a  foreign  port,  and  every  lien  thereon,  other  than  a  mortgage, 
when  allov^'ed  by  law,  and  a  contract  of  bottomry  or  respondentia,  is 
conclusively  presumed  if  made  by  a  person  having  at  the  time  the 
posse.ssion  or  control  of  the  property,  and  not  accompanied  by  an 
immediate  delivery,  and  followed  by  an  actual  and  continued  change 
of  possession  of  tlie  things  transferred,  to  be  fraudulent,  and  there- 
fore void,  against  those  who  are  his  creditors  while  he  remains  in 
possession,  and  the  successors  in  interest  of  such  creditors,  and 
against  any  persons  on  whom  his  estate  devolves  in  trust  for  the 
benefit  of  others  than  himself,  and  against  purchasers  or  encum- 
brancers in  good  faith  subsequent  to  the  transfer :  Provided^  however, 
That  the  provisions  of  this  section  shall  not  apply  or  extend  to  any 
sale,  transfer,  assignment,  or  mortgage  made  under  the  direction  or 
order  of  a  court  of  competent  jurisdiction  or  by  any  executor,  admin- 
istrator, guardian,  receiver,  or  other  officer  or  person  acting  in  the 
regular  and  proper  discharge  of  official  duty  or  in  the  discbarge  of 
any  trust  imposed  upon  him  by  law,  nor  to  any  transfer  or  assign- 
ment, statutory  or  otherwise,  made  for  the  benefit  of  creditors, 
generally,  nor  to  any  sale,  transfer,  assignment,  or  mortgage  of  any  > 
property  exemj^t  from  execution. 

Cross-References 

Ciiatfi'l  mortgage,  when  void  as  to  creditors  and  purchasers,  see  section  2264 
of  this  title. 

Recov(>i-j'  hy  exccutoi-  of  property  fraudulently  conveyed  by  decedent,  see  title 
4,  sections  1529  to  1531. 

808 


il 


riih]  uivih  con/J 


fT.  3,  §  2773 


2763.  Creditor's  right  must  be  judicially  ascertained. — A  credi- 
tor can  avoid  the  act  or  obligation  of  his  debtor  for  fraud  only  where 
the  fraud  obstructs  the  enforcement,  by  legal  ])rocess,  of  his  right  to 
take  the  property  affected  by  the  transfer  or  obligation. 

ARTICLE  3.— ASSIGNMENTS  FOR  BENEFIT  OF  CREDITORS 


Sec. 

2771.  When    debtor    may    execute    assign- 

ment. 

2772.  Form  of  assl.t;nment. 

2773.  Custody  of  property  ;  creditors'  meet- 

i!i:^    and    notice    thereof;    election 
of  assignee. 

2774.  MarsliaPs  fees. 

2775.  I'owers  and  duties  of  elected  assignee. 

2776.  Insolvency,   what. 

2777.  Certain  transfers  not  affected. 

2778.  What  debts  m:iy  be  secured. 

2779.  Assignment  when   void. 

2780.  Assignment  to  be  in  writing. 

2781.  Compliance    with    provisions    of    last 

section    necessary    to    validity    of 
assignment. 

2782.  Assignee    takes,    subject    to   rights   of 

third  parties. 


Sec. 

2783.  Inventory  requiied. 

2784.  Atlidavit  of  assignor  to  be  tiled  with 

inventory. 

2785.  Recording    assignment    and    filing   in- 

ventory. 
278(1.  Assignment,  when  void. 

2787.  Bond  of  assignees. 

2788.  Conditions    of    disposal    and    conver- 

sion ;  publication  of  n^itice  by 
assignee ;  dividends ;  rights  of 
mortgagee. 

2789.  Accounting  of  assignee. 

2790.  Property  exempt. 

2791.  Commissions  of  assignees. 

2792.  Assignees  protect-.d  for  acts  done  in 

good   faith. 

2793.  Assent  of  creditor  necessary  to  modi- 

fication of  assignment. 


2771.  When  debtor  may  execute  assignment. — An  insolvent 
debtor  may  in  good  faith  execute  an  assignment  of  property  in  trust 
for  the  .satisfaction  of  his  creditors,  in  conformity  to  the  provisions 
of  this  article;  subject,  however,  to  the  provisions  of  this  title  rela- 
tive to  trusts  and  fraudulent  transfers,  and  to  the  restrictions  im- 
posed by  law  upon  assignments  by  special  partnerships,  or  by  other 
specific  classes  or  persons. 

Crops-Kkteeenc?: 
Partner  cannot  assign,  see  section  1763   (1)    of  this  title. 

2772.  Form  of  assignment. — Every  such  assignment  shall  contain 

a  list  of  the  names  of  the  creditors  of  the  assignor,  and  their  places 
of  residence  and  amounts  of  their  respective  demands,  and  the 
amounts  and  nature  of  any  security  therefor;  and  shall,  subject  to 
the  other  provisions  of  this  article,  be  made  to  the  marshal  of  the 
Canal  Zone. 

Cboss-Refeeence 

Form  of  assignment,  see  section  2780  of  this  title. 

2773.  Custody  of  property;  creditors'  meeting  and  notice 
thereof;  election  of  assignee. — The  marshal  shall  forthwith  take 
possession  of  all  the  property  so  as.signed  to  him,  and  keep  the  same 
till  delivered  by  him,  as  hereinafter  provided.  When  the  assign- 
ment has  been  made,  as  hereinbefore  provided,  the  marshal  shall 
immediately,  by  mail,  notify  the  creditors  named  in  the  assignment, 
at  their  places  of  residence  as  given  therein,  to  meet  at  his  office 
on  a  day  and  hour  to  be  appointed  by  him,  not  less  than  eight  or 
more  than  ten  days  from  the  date  of  the  delivery  of  the  assign- 
ment to  him,  for  the  purpose  of  electing  one  or  more  assignees, 
as  they  may  determine,  in  the  place  and  stead  of  the  said  marshal 
in  the  premises. 

lie  shall  also  publish  a  notice  of  such  meeting,  and  the  purpose 
thereof,  at  least  once  before  .such  meeting,  in  some  newspaper  of 
general  circulation  in  the  Canal  Zone.    The  notice  so  to  be  mailed 


309 


T.  3,  §  2774]  THE  CIVIL  CODE 

shall  also  contain  a  statement  of  the  amount  of  the  demand  of  the 
creditor,  and  the  amount  and  nature  of  any  security  therefor,  as 
set  forth  in  the  assignment;  and  if  any  creditor  shall  not  find  the 
amount  of  his  claim  to  be  correctly  so  stated,  he  may  file  with  said 
marshal,  at  or  before  such  meeting,  a  statement,  under  oath,  of  his 
demand,  and  such  statement  shall,  for  the  purpose  of  voting  as  here- 
inafter provided,  be  accepted  by  said  marshal  as  correct;  and  when 
no  such  statement  is  filed,  the  statement  of  amount  as  set  forth  in 
the  assignment  shall  be  accepted  by  the  marshal  as  correct. 

No  creditor  having  a  mortgage  or  pledge  of  property  of  the  debtor, 
or  lien  thereon,  for  securing  the  payment  of  a  debt  owing  to  him 
from  the  debtor,  shall  be  allowed  to  vote  any  part  of  his  claim  at 
such  meeting  of  creditors,  unless  he  shall  have  first  conveyed,  re- 
leased, or  delivered  up  his  said  security  to  said  marshal  for  the 
benefit  of  all  creditors  of  said  assignor. 

At  such  meeting  the  marshal  shall  preside,  and  a  majority  in 
amount  of  demands  present  or  represented  by  proxy  shall  control 
all  questions  and  decisions.  The  creditors  may  adjourn  such  meet- 
ing from  time  to  time,  and  may  vote  on  all  questions  either  in  person 
or  by  proxy  signed  and  acknowledged  before  any  officer  authorized 
to  take  acknowledgments,  and  filed  with  the  marshal. 

At  such  a  meeting,  or  any  adjournment  thereof,  the  creditors  may 
elect  one  or  more  assignees  from  their  own  number,  in  the  place  and 
stead  of  the  marshal,  and  the  person  or  persons  so  elected  shall 
afterwards  be  the  assignee  or  assignees  under  the  provisions  of  this 
article;  and  the  marshal,  by  transfer  in  writing,  acknowledged  as 
required  by  section  2780  of  this  title,  shall  at  once  assign  to  such 
elected  assignee  or  assignees,  upon  the  trusts  in  this  article  provided, 
all  the  property  so  assigned  to  him,  and  deliver  possession  thereof. 

All  recitals  in  such  assignment  by  said  marshal  of  notices  of  such 
meeting,  and  the  holding  thereof,  and  of  the  due  election  of  such 
assignee  or  assignees,  shall  be  prima  facie  proof  of  the  facts  recited. 

2774.  Marshal's  fees. — The  marshal  shall,  before  the  delivery  of 

such  assignment,  be  paid  the  expenses  incurred  by  him,  and  fees  in 
such  amount  as  would  by  law  be  collectible  if  the  property  assigned 
had  been  levied  upon  and  safely  kept  under  attachment. 

2775.  Powers  and  duties  of  elected  assignee. — Thereupon,  and 

after  the  record  of  such  last-named  assignment,  as  in  this  article 
provided,  such  elected  assignee  or  assignees  shall  take,  and  hold,  and 
dispose  of  all  such  property  and  its  proceeds,  upon  the  trusts  and 
conditions  and  for  the  purposes  in  this  article  provided. 

Cboss-Refeeences 

Assignee  cannot  act  until  bond  and  inventory  filed,  see  section  2788  of  tliis 
title. 

Commissions  and  expenses  of  assignee,  see  section  2791  of  this  title. 

2776.  Insolvency,  what. — A  debtor  is  insolvent,  within  the  mean- 
ing of  this  article,  when  he  is  unable  to  pay  his  debts  from  his  own 
means  as  they  become  due. 

Cboss-Refeeencb 
Insolvency  defined,  see  section  1055  of  this  title. 


310 


i 


THE  CIVIL  CODE  [T.  3,  §  2780 

2777.  Certain  transfers  not  affected. — The  provisions  of  this 
article  do  not  prevent  a  person  residing  in  any  State  or  country  from 
making  there,  in  good  faith,  and  without  intent  to  evade  the  laws  of 
the  Canal  Zone,  a  transfer  of  property  situated  within  it;  but  such 
person  cannot  make  a  general  assignment  of  property  situated  in 
the  Canal  Zone  for  the  satisfaction  of  all  his  creditors,  except  as  in 
this  article  provided ;  nor  do  the  provisions  of  this  article  affect  the 
power  of  a  person,  although  insolvent,  and  whether  residing  within 
or  without  the  Canal  Zone,  to  transfer  property  in  the  Canal  Zone, 
in  good  faith  to  a  particular  creditor,  or  creditors,  or  to  some  other 
person  or  persons  in  trust  for  such  particular  creditor  or  creditors 
for  the  purpose  of  paying  or  securing  the  whole  or  part  of  a  debt 
owing  to  such  creditor  or  creditors,  whether  in  his  or  their  own  right 
or  otherwise, 

2778.  What  debts  may  be  secured. — An  assignment  for  the  benefit 
of  creditors  may  provide  for  any  subsisting  liability  of  the  assignor 
which  he  might  lawfully  pay,  whether  absolute  or  contingent. 

2779.  Assignment  when  void. — An  assignment  for  the  benefit  of 

creditors  is  void  against  any  creditor  of  the  assignor  not  assenting 
thereto,  in  the  following  cases : 

First.  If  it  give  a  preference  to  one  debt  or  class  of  debts  over 
another. 

Second.  If  it  tend  to  coerce  any  creditor  to  release  or  compromise 
his  demand. 

Third.  If  it  provide  for  the  payment  of  any  claim  known  to  the 
assignor  to  be  false  or  fraudulent ;  or  for  the  payment  of  more  upon 
any  claim  than  is  known  to  be  justly  due  from  the  assignor. 

Fourth.  If  it  reserve  any  interest  in  the  assigned  property,  or 
in  any  part  thereof,  to  the  assignor,  or  for  his  benefit,  before  all  his 
existing  debts  are  paid. 

Fifth.  If  it  confer  upon  the  assignee  any  power  which,  if  exercised, 
might  prevent  or  delay  the  immediate  conversion  of  the  assigned 
property  to  the  purposes  of  the  trust. 

Sixth.  If  it  exempt  him  from  liability  for  neglect  of  duty  or 
misconduct. 

Cbos  s-Refeieen  ces 

Preferences  by  special  partnership,  see  section  1828  of  this  title. 
Preferences  to  creditors,  see  section  2754  of  this  title. 

2780.  Assignment  to  be  in  writing. — An  assignment  for  the  bene- 
fit of  creditors  must  be  in  writing,  subscribed  by  the  assignor,  or  by 
his  agent  thereto  authorized  in  writing,  and  the  transfer  by  the 
marshal  must  also  be  in  writing,  subscribed  by  the  marshal  in  his 
official  capacity.  Both  such  assignment  and  such  transfer  must  be 
aclmowledged,  or  proved  and  certified,  in  the  mode  prescribed  by 
chapter  22  of  this  title,  and  be  recorded  as  required  by  section  2785 
of  this  title. 

Cross-Rbsfekences 

Form  of  assiioiment,  see  section  2772  of  this  title. 

Recording  of  assignment,  see  sections  2781  and  2785  of  this  title. 


311 


T,  3,  §  2781]  THE  CIVIL  CODE 

2781.  Compliance  with  provisions  of  preceding  section  necessary 

to  validity  of  assignment. — Unless  the  provisions  of  the  next  pre- 
ceding section  are  complied  with,  an  assignment  for  the  benefit  of 
creditors  is  void  against  every  creditor  of  the  assignor  not  assenting 
thereto. 

CROSS-REFERiiNCE 

Recording  of  assignments,  see  sections  27S0  and  2785  of  this  title. 

2782.  Assignee  takes,  subject  to  rights  of  third  parties. — An 

assignee  for  the  benefit  of  creditors  is  not  to  be  regarded  as  a  pur- 
chaser for  value,  and  has  no  greater  rights  than  his  assignor  had, 
in  respect  to  things  in  action  transferred  by  the  assignment. 

2783.  Inventory  required. — Within  twenty  days  after  an  assign- 
ment is  made  for  the  benefit  of  creditors,  the  assignor  must  make 
and  file,  in  the  manner  prescribed  by  section  2785  of  this  title,  a  full 
and  true  inventory,  showing : 

1.  All  the  creditors  of  the  assignor; 

2.  The  place  of  residence  of  each  creditor,  if  known  to  the  assignor, 
or  if  not  known,  that  fact  must  be  stated ; 

3.  The  sum  owing  to  each  creditor  and  the  nature  of  each  debt  or 
liability,  whether  arising  on  written  security,  account,  or  otherwise; 

4.  The  true  consideration  of  the  liability  in  each  case,  and  the 
place  where  it  arose; 

5.  Every  existing  judgment,  mortgage,  or  other  security  for  the 
payment  of  any  debt  or  liability  of  the  assignor ; 

6.  All  property  of  the  assignor  at  the  date  of  the  assignment, 
which  is  exempt  by  law  from  execution ;  and 

7.  All  of  the  assignor's  property  at  the  date  of  the  assignment,  of 
every  kind,  not  so  exempt,  and  the  encumbrances  existing  thereon, 
and  all  vouchers  and  securities  relating  thereto,  and  the  value  of  such 
property  according  to  the  best  knowledge  of  the  assignor. 

2784.  Affidavit  of  assignor  to  be  filed  with  inventory. — An  affi- 
davit must  be  made  by  every  assignor  executing  an  assignment 
for  the  benefit  of  creditors,  to  be  annexed  to  and  filed  with  the  inven- 
tory mentioned  in  section  2783  of  this  title,  to  the  effect  that  the 
same  is  in  all  respects  just  and  true  according  to  the  best  of  such 
assignor's  knowledge  and  belief. 

If  the  assignor  neglects  or  refuses  to  make  and  file  such  inventory 
and  afiiclavit  within  said  twenty  days,  the  assignment  shall  not,  for 
that  reason,  be  affected  in  any  way,  but  in  that  event  the  assignee  or 
assignees  elected  by  the  creditors  shall  within  tv/enty  days  tliereafter 
make  and  file  in  the  office  of  the  registrar  of  property,  a  verified 
inventory  of  all  assets  received  by  them;  and  such  assignee  or 
assignees  may  at  any  time,  or  from  time  to  time,  after  the  transfer 
to  them  by  the  marshal,  by  petition  to  the  district  court,  caiise  the 
assignor,  by  order  or  citaticm  to  appear  before  said  court,  or  a  com- 
missioner or  referee  to  be  a})pointed  by  it,  at  a  time  and  place  to  be 
designated  in  the  order  or  citation,  to  be  examined  touching  the 
matters  mentioned  in  section  2783,  and  any  other  matters  reiative  to 
the  assignment,  and  to  have  with  him  all  books  of  account,  vouchers, 
and  papers  relating  to  the  assigned  property;  and  such  court  may 

812 


THE  CIVIL  CODE  [T.  3,  §  2788 

by  its  order  require  the  surrender  to  such  assignee  or  assignees  of 
such  books,  vouchers,  and  papers  to  be  by  them  retained  until  their 
trust  is  fully  completed  and  performed. 

2785.  Recording  assignment  and  filing  inventory. — An  assign- 
ment for  the  benefit  of  creditors  must  be  recorded,  and  the  inventory 
required  by  section  2783  of  this  title  filed  with  the  registrar  of 
property. 

Cboss-Referbnce 

Recording  of  assignment,  see  sections  2780  and  2781  of  this  title. 

2786.  Assignment,  when  void. — An  assignment  for  the  benefit  of 
creditors  is  void  against  creditors  of  the  assignor  and  against  pur- 
chasers and  encumbrancers  in  good  faith  and  for  value  unless  it  is 
recorded  as  provided  in  this  article,  and  unless  either  the  inventory 
required  by  section  2783  of  this  title,  or  the  inventory  required  of  the 
assignee  or  assignees  by  section  2784  of  this  title  is  filed  in  the  manner 
provided  in  this  article  and  within  the  time  designated. 

2787.  Bond  of  assignees. — No  bond  shall  be  given  by  the  marshal, 
but  he  shall  be  liable  on  his  official  bond  for  the  care  and  custody  of 
the  property  while  in  his  possession.  Within  forty  days  after  date 
of  the  transfer  by  the  marshal,  the  assignee  must  enter  into  a  bond 
in  such  amount  as  may  be  fixed  by  the  district  judge,  with  sufficient 
sureties  to  be  approved  by  such  judge,  and  conditioned  for  the  faith- 
ful discharge  of  the  trust  and  the  due  accounting  for  all  moneys 
received  by  the  assignee,  which  bond  must  be  filed  in  the  same  office 
with  the  mventory;  and  any  assignee  failing  to  comply  with  the 
provisions  of  this  section  may  be  removed  by  the  above-named  court 
on  petition  of  the  assignor  or  any  creditor,  and  his  successor  ap- 
pointed by  such  court. 

2788.  Conditions  of  disposal  and  conversion;  publication  of 
notice  by  assignee;  dividends;  rights  of  mortgagee. — Until  a  veri- 
fied inventory  has  been  made  and  filed,  either  by  the  assignor  or 
assignee,  as  required  by  the  provisions  of  this  article,  and  the  as- 
signee has  given  the  bond  required  by  the  next  preceding  section, 
such  assignee  has  no  authority  to  dispose  of  the  property  of  the 
estate,  or  any  part  of  it  (except  in  the  case  of  perishable  property, 
which  in  his  discretion  he  may  dispose  of  at  any  time  and  receive  the 
proceeds  of  sale  thereof) ;  nor  has  he  power  to  convert  the  property, 
or  the  proceeds  of  any  sale  of  perishable  property,  to  the  purposes  of 
the  trust. 

Within  ten  days  after  the  filing  of  his  bond,  the  assignee  must 
commence  the  publication  (and  such  publication  shall  continue  at 
least  once  a  week  for  four  weeks),  in  some  newspaper  of  general  cir- 
culation in  the  Canal  Zone,  of  a  notice  to  creditors  of  the  assignor, 
stating  the  fact  and  date  of  the  assignment,  and  requiring  all  persons 
having  claims  against  the  assignor  to  exhibit  them,  with  the  neces- 
sary vouchers,  and  verified  by  the  oath  of  the  creditor,  to  the  assignee. 
at  his  place  of  residence  or  business,  to  be  specified  in  the  notice ;  and 
he  shall  also,  within  ten  days  after  the  first  publication  of  said  notice, 
mail  a  copy  of  such  notice  to  each  creditor  whose  name  is  given  m 

93083—34 21  313 


T.  3,  §  2789]  THE  CIVIL  CODE 

the  instrument  of  assignment,  at  the  address  therein  given.  After 
such  notice  is  given,  a  copy  thereof,  with  affidavit  of  due  publication 
and  mailing,  must  be  filed  with  the  registrar  of  property  with  whom 
the  inventory  has  been  filed,  which  affidavit  shall  be  prima  facie 
evidence  of  the  facts  stated  therein. 

At  any  time,  or  from  time  to  time,  after  the  expiration  of  thirty 
days  from  the  first  publication  of  said  notice  (provided  the  same  shall 
also  have  been  mailed  as  in  this  section  provided),  the  assignee  may. 
in  his  discretion,  declare  and  pay  dividends  to  the  creditors  whose 
claims  have  been  presented  and  allowed.  No  dividend  alread}^  de- 
clared shall  be  disturbed  by  reason  of  claims  being  subsequently  pre- 
sented and  allowed;  but  the  creditor  presenting  such  claim  shall  be 
entitled  to  a  dividend  equal  to  the  percent  already  declared  and  paid, 
before  any  further  dividend  is  made:  Provided^  hoivever^  That  there 
be  assets  sufficient  for  that  purpose :  And  yrovided^  That  the  failure 
to  present  such  claim  shall  not  have  resulted  from  his  own  neglect, 
ancl  he  shall  attach  to  such  claim  a  statement,  under  oath,  showing 
fully  Avhy  the  same  w^as  not  before  presented. 

When  a  creditor  has  a  mortgage  or  pledge  of  property  of  the 
debtor,  or  a  lien  thereon,  for  securing  the  pa3'ment  of  a  debt  owing 
to  him  from  the  debtor,  and  shall  not  have  conveyed,  released-,  or 
delivered  up  such  security  to  the  marshal,  as  provided  for  by  section 
2773  of  this  title,  he  shall  be  admitted  as  a  creditor  only  for  the  bal- 
ance of  the  debt  after  deducting  the  value  of  such  mortgage,  pledge, 
or  lien,  to  be  ascertained  by  agreement  betAveen  him  and  the  assignee, 
or  by  a  sale  thereof,  to  be  made  in  such  manner  as  the  district  court 
shall  direct ;  or  the  creditor  may  release  or  convey  his  claim  to  the  as- 
signee upon  such  property,  and  be  admitted  to  prove  his  whole  debt. 

If  the  value  of  the  property  exceeds  the  sum  for  which  it  is  so  held 
as  security,  the  assignee  may  release  to  the  creditor  the  debtor's  right 
of  redemption  thereon  on  receiving  such  excess;  or  he  may  sell  the 
property,  subject  to  the  claim  of  the  creditor  thereon;  and  in  either 
case  the  assignee  and  creditor,  respectively,  shall  execute  all  Avritings 
necessary  or  proper  to  consummate  the  transaction.  If  the  property 
is  not  sold  or  released,  and  delivered  u]),  the  creditor  shall  not  be 
allowed  to  prove  any  part  of  his  debt. 

2789.  Accounting  of  assignee. — After  six  months  from  the  date 
of  an  assignment  for  the  benefit  of  creditors,  the  assignee  may  be 
required,  on  the  petition  of  any  creditor,  to  account  before  the  district 
court. 

2790.  Property  exempt. — Property  exempt  from  execution  and 

insurance  upon  the  life  of  the  assignor,  do  not  ])ass  to  the  assignee 
by  a  general  assignment  for  the  benefit  of  creditors  unless  the  instru- 
ment specially  mentions  them  and  declares  an  intention  that  they 
should  pass  thereby. 

Cboss  Reference 

Proporfy  exempt  from  execution,  see  title  4,  section  590. 

2791.  Commissions  of  assignees. — The  elected  assignee  or  as- 
signees for  the  benefit  of  creditors  shall  be  entitled  to  a  reasonable 
commission  on  assignments,  to  be  fixed  by  the  court.     Such  assignee 

314 


il 


THE  CIVIL  CODE  [X.  3,  §  2803 

or  assignees  shall  also  be  entitled  to  all  necessary  expenses  in  the 
management  of  their  trust.  ^ 

Cross  -Reference 
Commissions  and  expenses  of  marshal,  see  section  2774  of  this  title. 

2792.  Assignees  protected  for  acts  done  in  good   faith.— An 

assignee  for  the  benefit  of  creditors  is  not  to  be  held  liable  for  his 
acts,  done  in  good  faith  in  the  execution  of  the  trust,  merely  for 
the  reason  that  the  assignment  is  afterward  adjudged  void. 

rJ^lf^'  .^^^^"*  «^  creditor  necessary  to  modification  of  assign- 
ment.--An  assignment  for  the  benefit  of  creditors  which  has  been 
executed  and  recorded  so  as^to  transfer  the  property  to  the  marshal, 
01  a  transfer  by  the  marshal  to  the  elected  assignee  or  assignees 
which  has  been  executed  and  recorded,  cannot  afterwards  be  modified 
or  canceled  by  the  parties  without  the  consent  of  the  assi-nor  and 
of  every  creditor  affected  thereby.  <^^^^^nov  ana 

CHAPTER  75— NUISANCE 

Ai-t-  Sec 


Art. 

1.  General  principles 2801 

2.  Public  nuisances 2     2811 


Sec. 

3.  Private  nuisances 2821 


ARTICLE  1.— GENERAL  PRINCIPLES 


Sec. 


Sec. 


2.S01.  Nuisance,  wliat.  2804    What  sc  ^^^  a 

2802.  Public  nuisance  ocnl'  I\    .*  ^^  ?°^  deemed  a  nuisance. 

2803.  Private  nuisance.  |  "^^^^  Abatement  does  not  preclude  action. 

Section  2801  Nuisance  what—Anything  which  is  injurious  to 
health,  or  is  indecent  or  offensive  to  the  senses,  or  an  obstruction  to 
the  tree  use  of  property,  so  as  to  interfere  with  the  comfortable 
enjoyment  of  lite  or  property,  or  unlawfully  obstructs  the  free  pas- 
sage or  use,  m  the  customary  manner,  of  any  navigable  lake,  or  river 
bay  stream,  canal,  or  basin,  or  any  public  park,  square,  street,  or 
highway  is  a  nuisance.  ^        '  ' 

Cross-references 
See  also,  title  5,  sections  551  and  552 
Nuisances,  what  are,  and  remedies  for,  see  title  4,  section  651. 

2802.  Public  nuisance.-A  public  nuisance  is  one  which  affects  at 
the  same  time  an  entire  community  or  neighborhood,  or  any  consid- 
erable nuinber  of  persons,  although  the  extent  of  the  annoyance  or 
damage  inflicted  upon  individuals  may  be  unequal. 

Cross-References 

See  also  title  5,  sections  551  and  552. 

Abating-  public  nuisance,  see  section  2815  of  this  title 

Public  nuisance,  see  sections  2811  et  seq.,  of  this  title. ' 

2803.  Private  nuisance.— Every  nuisance  not  included  in  the 
aennition  m  the  next  preceding  section  is  private. 

Cross-Reference 
Private  nuisance,  see  section  2821  of  this  title. 


315 


T.  3,  §  28W] 


THE  CIVIL  CODE 


2804.  What  is  not  deemed  a  nuisance. — Nothing  which  is  done 
or  maintained  under  the  express  authority  of  law  can  be  deemed  a 
nuisance. 

2805.  Abatement  does  not  preclude  action. — The  abatement  of  a 
nuisance  does  not  prejudice  the  right  of  any  person  to  recover  dam- 
ages for  its  past  existence. 

ARTICLE  2.— PUBLIC  NUISANCES 


Sec. 

2S14.  Remedies  for   public  nuisance. 

2815.  How  abated. 


Sec. 

2811.  Lapse  of  time  does  not  legalize. 

2812.  Remedies   against    public   nuisance. 

2813.  Remedy  regulated,  how. 

2811.  Lapse  of  time  does  not  legalize. — No  lapse  of  time  can 
legalize  a  public  nuisance,  amounting  to  an  actual  obstruction  of 
public  right. 

Cross-Reference 

Public  nuisance,  defined,  see  section  2S02  of  this  title. 

2812.  Remedies  against  public  nuisance. — The  remedies  against 
a  public  nuisance  are — 

1.  Information ; 

2.  A  civil  action; 

3.  Abatement. 

2813.  Remedy  regulated,  how. — The  remedy  by  information  is 

regulated  by  Title  5,  The  Criminal  Code. 

Ckoss-Refeeence 
See  title  5,  sections  551  and  552. 

2814.  ReMiedies  for  public  nuisance. — A  private  person  may 
maintain  an  action  for  a  public  nuisance,  if  it  is  specially  injurious 
to  himself,  but  not  otherwise. 

2815.  How  abated. — A  public  nuisance  may  be  abated  by  any 
public  body  or  officer  authorized  thereto  by  law. 

ARTICLE  3.— PRIVATE  NUISANCES 

2821.  Remedies  for  private  nuisance. — The  remedy  against  a 
private  nuisance  is  a  civil  action. 

CHAPTER  76.— IWAXIMS  OF  JURISPRUDENCE 

Section  2831.  The  maxims  of  jurisprudence  hereinafter  set  forth 
are  intended  not  to  qualify  any  of  the  foregoing  provisions  of  this 
title,  but  to  aid  in  their  just  application. 

2832.  When  the  reason  of  a  rule  ceases,  so  should  the  rule  itself. 

2833.  Where  the  reason  is  the  same,  the  rule  should  be  the  same.        - 

2834.  One  must  not  change  his  purpose  to  the  injury  of  another.    | 

2835.  Anyone  may  waive  the  advantage  of  a  law  intended  solely    ' 
for  his  benefit.     But  a  law  established  for  a  public  reason  cannot  be 
contravened  by  a  private  agreement. 

316 


THE  CIVIL  CODE  [T.  3,  §  2865 

2836.  One  must  so  use  his  own  rights  as  not  to  infringe  upon  the 
rights  of  another. 

2837.  He  who  consents  to  an  act  is  not  wronged  by  it. 

2838.  Acquiescence  in  error  takes  away  the  right  of  objecting  to  it. 

2839.  No  one  can  take  advantage  of  his  own  wronor. 

2840.  He  who  has  fraudulently  dispossessed  himself  of  a  thing 
may  be  treated  as  if  he  still  had  possession. 

2841.  He  who  can  and  does  not  forbid  that  which  is  done  on  his 
behalf  is  deemed  to  have  bidden  it. 

2842.  No  one  should  suffer  by  the  act  of  another. 

2843.  He  who  takes  the  benefit  must  bear  the  burden. 

2844.  One  who  grants  a  thing  is  presumed  to  grant  also  whatever 
is  essential  to  its  use. 

2845.  For  every  wrong  there  is  a  remedy. 

2846.  Between  those  who  are  equally  in  the  right  or  equally  in 
the  wrong,  the  laAv  does  not  interpose. 

2847.  Between  rights  otherwise  equal,  the  earliest  is  preferred. 

2848.  No  man  is  responsible  for  that  which  no  man  can  control. 

2849.  The  law  helps  the  vigilant  before  those  who  sleep  on  their 

rights. 

2850.  The  law  respects  form  less  than  substance. 

2851.  That  which  ought  to  have  been  done  is  to  be  regarded  as 

done,  in  favor  of  him  to  whom,  and  against  him  from  whom,  per- 
formance is  due. 

2852.  That  which  does  not  appear  to  exist  is  to  be  regarded  as  if 
it  did  not  exist. 

2853.  The  law  never  requires  impossibilities. 

2854.  The  law  neither  does  nor  requires  idle  acts. 

2855.  The  law  disregards  trifles. 

2856.  Particular  expressions  qualify  those  which  are  general. 

2857.  Contemporaneous  exposition  is  in  general  the  best. 

2858.  The  greater  contains  the  less. 

2859.  Superfluity  does  not  vitiate. 

2860.  That  is  certain  which  can  be  made  certain. 

2861.  Time  does  not  confirm  a  void  act. 

2862.  The  incident  follows  the  jDrincipal,  and  not  the  principal 
the  incident. 

2863.  An  interpretation  which  gives  effect  is  preferred  to  one 
which  makes  void. 

2864.  Interpretation  must  be  reasonable. 

2865.  Where  one  of  two  innocent  persons  must  suffer  by  the  act  of 
a  third,  he  by  whose  negligence  it  happened,  must  be  the  sufferer. 

317 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  4 


TITLE  4.— THE  CODE  OF  CIVIL  PROCEDURE 


Ch 


Sec. 

Preliminary  provisions - 1 

General  provisions  respecting  courts  of 

justice.. 21 

Attorneys  and  counselors  at  law 41 

Form  of  civil  actions 71 

Time  of  commencing  civil  actions 81 

Parties  to  civil  actions... 121 

Place  of  trial  of  civil  actions 151 

Manner  of  commencing  civil  actions 161 

Pleadings  in  civil  actions 191 

Provisional  remedies  in  civil  actions 291 

Trial  and  judgment  in  civil  actions 411 

Execution  of  judgment  in  civil  actions 581 

Actions  in  particular  cases 641 

Proceedings  in  magistrates'  courts. 681 

Appeals  in  civil  actions 861 

Miscellaneous  provisions 901 

Fees;  costs  and  security  for  costs  in  the 

district  and  magistrates'  courts 981 

Writs  of  review,  mandate  and  prohibition  1031 

Summary  proceedings 1101 

Contempts 1161 

Escheat  of  property 1181 

Change  of  names 1191 

Jurisdiction  of  district  court  over  estates 

of  decedents 1201 


Ch.  Sec. 

24.  Probate  of  wills 1211 

25.  Executors  and  administrators,  their  let- 

ters, bonds,  removals,  and  suspensions.     1281 

26.  Inventory  and  collection  of  effects  of  de- 

cedents  .- 1431 

27.  Provision  for  the  support  of  the  family 1461 

28.  Claims  against  estate 1471 

29.  Sales  and  conveyances  of  property  of  de- 

cedents  1501 

30.  Powers  and  duties  of  executors  and  ad- 

ministrators, and  management  of  es- 
tates  1521 

31.  Conveyance  of  real  estate  and  transfer  of 

personal  property  by  executors  and  ad- 
ministrators in  certain  cases 1541 

32.  Accounts  rendered  by  executors  and  ad- 

ministrators, and  payment  of  debts 1581 

33.  Partition,  distribution  and   final  settle- 

ment of  estates 1611 

34.  Orders,  decrees,  process,  minutes,  records 

and  trials  in  probate  proceedings 1681 

35.  Public  administrator 1701 

36.  Guardian  and  ward 1721 

37.  Estates  of  missing  persons 1831 

38.  Evidence 1841 


CHAPTER  1.— PRELIMINARY  PROVISIONS 


Sec. 

1. 

2 

s; 

4. 
5. 
6. 
7. 

8. 

9. 

10. 


Name  of  this  title. 

When  this  title  takes  efifect. 

Not  retroactive. 

Kule  of  construction  of  this  title. 

Holidays. 

Computation  of  time. 

Words  and  phrases. 

Certain  terms  used  in  this  title  defined. 

Division  of  judicial  remedies. 

Action  defined. 


Sec. 

11.  Special  proceedings  defined. 

12.  Civil  actions  arise  out  of  obligations  or 

injuries. 
1.3.  Obligation  defined. 

14.  Division  of  injuries. 

15.  Injuries  to  property. 

16.  Injuries  to  the  person. 

17.  Civil  action,  by  whom  prosecuted. 

18.  Civil  and  criminal  remedies  not  merged. 


Section  1.  Name  of  this  title. — This  title  shall  be  known  as  the 

Code  of  Civil  Procedure  of  the  Canal  Zone.  (Feb.  27,  1933,  ch.  127, 
47  Stat.  908.) 

Note. — The  Code  of  Civil  Procedure  of  the  Canal  Zone,  which  comprises  title 
4  of  the  Canal  Zone  Code,  was  derived  from  the  Act  of  February  27,  1933,  above 
cited.  That  act  was  entitled  "An  act  to  provide  a  new  Code  of  Civil  Procedure 
for  the  Canal  Zone  and  to  repeal  the  existing  Code  of  Civil  Procedure." 

2.  When  this  title  takes  effect. — The  code  embodied  in  this  title 
shall  be  effective  as  of  October  1,  1933. 

3.  Not  retroactive. — No  part  of  it  is  retroactive  unless  expressly 
so  declared. 

4.  Rule  of  construction  of  this  title. — The  rule  of  the  common 

law,  that  statutes  in  derogation  thereof  are  to  be  strictly  construed, 
has  no  application  to  this  title.  The  title  establishes  the  law  of 
the  Canal  Zone  respecting  the  subjects  to  which  it  relates,  and  its  pro- 
visions and  all  proceedings  under  it  are  to  be  liberally  construed 
with  a  view  to  effect  its  objects  and  to  promote  justice. 

Cross-reference 

Rules  for  construction  of  statutes,  see  sections  1876,  1877,  and  1884  of  this 
title. 


319 


T.  4,  §5]  THE  CODE  OF  CIVIL  PROCEDURE  , 

5.  Holidays. — Holidays  within  the  meaning  of  this  title  are  every 
Sunday  and  such  other  days  as  are  enumerated  as  holidays  in  section 
7  of  title  3. 

6.  Computation  of  time. — The  time  in  which  any  act  provided  by 
law  is  to  be  done  is  computed  by  excluding  the  first  day  and  including 
the  last,  unless  the  last  day  is  a  holiday,  and  then  it  is  also 
excluded. 

7.  Words  and  phrases. — Words  and  phrases  are  construed  accord- 
ing to  the  context  and  the  approved  usage  of  the  language;  but 
technical  words  and  phrases,  and  such  others  as  have  acquired  a 
peculiar  and  appropriate  meaning  in  law,  or  are  defined  in  the 
section  next  following,  are  to  be  construed  according  to  such  peculiar 
and  appropriate  meaning  or  definition. 

CROS  S -REFEKEN  OES 

Construction  of  technical  words,  see  section  1879  of  this  title ;  and  title  3, 
section  911. 

Words  to  be  understood  in  their  usual  sense,  see  title  3,  section  910. 

Written  words  control  printed,  see  section  1S80  of  this  title. 

Words  of  a  writing  construed  in  their  general  acceptation,  see  section  1879 
of  this  title. 

8.  Certain  terms  used  in  this  title  defined. — Words  used  in  this 
title  in  the  present  tense  include  the  future  as  well  as  the  present; 
words  used  in  the  masculine  gender  include  the  feminine  and  neuter ; 
the  singular  number  includes  the  plural,  and  the  plural  the  sing- 
ular; the  word  "  person  "  includes  a  corporation  as  well  as  a  natural 
person;  writing  includes  printing  and  tj'^pewriting ;  oath  includes 
affirmation  or  declaration ;  and  every  mode  of  oral  statement,  under 
oath  or  affirmation,  is  embraced  by  the  term  "  testify  ",  and  every 
written  one  in  the  term  "  depose  " ;  signature  or  subscription  in- 
cludes mark,  when  the  person  cannot  write,  his  name  being  written 
near  it  by  a  person  who  writes  his  own  name  as  a  witness:  Provided, 
That  when  a  signature  is  by  mark  it  must,  in  order  that  the  same 
may  be  acknowledged  or  may  serve  as  the  signature  to  any  svvorn 
statement,  be  witnessed  by  two  persons  who  must  subscribe  their 
own  names  as  witnesses  thereto. 

The  following  words  have  in  this  title  the  signification  attached 
to  them  in  this  section,  unless  otherwise  apparent  from  the  context: 

1.  The  word  "  property  "  includes  both  real  and  personal  ])roperty ; 

2.  The  words  "  real  property  "  are  coextensive  with  lands,  tene- 
ments, and  hereditaments ; 

3.  The  words  "  personal  property  "  include  money,  goods,  chat- 
tels, things  in  action,  and  evidences  of  debt; 

4.  The  word  "  month  "  means  a  calendar  month,  unless  otherwise 
expressed ; 

5.  The  word  "will"  includes  codicil; 

6.  The  word  "  writ  "  signifies  an  order  or  precept  in  writing,  issued 
in  the  name  of  the  people,  or  of  a  court  or  judicial  officer;  and  the 
word  "  process  "  a  writ  or  summons  issued  in  the  course  of  judicial 
proceedings ; 

7.  The  word  "  State  ",  when  applied  to  the  different  parts  of  the 
United  States,  includes  the  District  of  Columbia  and  the  Territories ; 

320 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  17 

and   the   words   "  United    States "   may    include   the    District   and 
Territories ; 

8.  The  word  "  affinity  ",  when  applied  to  the  marriage  relation, 
signifies  the  connection  existing  in  consequence  of  marriage  between 
(nich  of  the  married  persons  and  the  blood  relatives  of  the  other. 

Cross-reference 
Words  and  phrases  defined,  see  also  title  3,  section  12. 

9.  Division  of  judicial  remedies. — Judicial  remedies  are  divided 
into  two  classes — 

1.  Actions;  and 

2.  Special  proceedings. 

10.  Action  defined. — An  action  is  an  ordinary  proceeding  in  a 
court  of  justice  by  which  one  party  prosecutes  another  for  the  en- 
forcement or  protection  of  a  right,  the  redress  or  prevention  of  a 
wrong,  or  the  punishment  of  a  public  offense. 

11.  Special  proceeding  defined. — Every  other  remedy  is  a  special 

proceeding. 

Ckoss-Refeeence 

Special  proceedings  of  a  civil  nature,  see  sections  1031  et  seq.,  of  this  title. 

12.  Civil  actions  arise  out  of  obligations  or  injuries. — A  civil 

action  arises  out  of — 

1.  An  obligation; 

2.  An  injury. 

13.  Obligation  defined. — An  obligation  is  a  legal  duty,  by  which 
one  person  is  bound  to  do  or  not  to  do  a  certain  thing,  and  ariser 
from — 

1.  Contract;  or 

2.  Operation  of  law. 

Cross-Reference 

Obligation,  what,  see  title  3,  sections  661  and  662. 

14.  Division  of  injuries. — An  injury  is  of  two  kinds — 

1.  To  the  person;  and 

2.  To  property. 

15.  Injuries  to  property. — An  injury  to  property  consists  in  de- 
priving its  owner  of  the  benefit  of  it,  which  is  done  by  taking,  with- 
holding, deteriorating,  or  destrojdng  it. 

16.  Injuries  to  the  person. — Every  other  injury  is  an  injury  to 
the  person. 

17.  Civil  action,  by  whom  prosecuted. — A  civil  action  is  prose- 
cuted by  one  party  against  another  for  the  enforcement  or  protection 
of  a  right,  or  the  redress  or  prevention  of  a  wrong. 

Ceoss-Reteeence 
Forms  of  action,  see  section  71  of  this  title. 


321 


T.  4,  §18]  THE  CODE  OF  CIVIL  PROCEDURE 

18.  Civil  and  criminal  remedies  not  merged. — "When  the  viola- 
tion of  a  right  admits  of  both  a  civil  and  criminal  remedy,  the  right 
to  prosecute  the  one  is  not  merged  in  the  other. 

CHAPTER  2.— GENERAL  PROVISIONS  RESPECTING  COURTS  OF 

JUSTICE 

Sec.  Sec. 

21.   Sittings,  public.  30.  Powers  of  district  jud^e. 

'2'1.   Sittings,  wtien  private.  31.   Powers    of   judicial    oflicers    as    to    con- 

23.  Powers   respecting   conduct  of  proceed-  duct   of  proceedings. 

ings.  32.  To  punish  for  contempt. 

24.  District  court  to  have  seal.  ■".3    To  take  acknowledgments  and  affidavits. 

25.  Same ;    to    what    documents  affixed.  34.  Proceedings  to  be  in  English  language. 

26.  District  court  dockets.  35.  Mean.s  to  carry  jurisdiction  into  effect. 

27.  Powers  of  district  judge.  36.  Reports  prima  facie  correct  statements. 

28.  Disqualification  of  judges. 

29.  No   judge  or   magistrate   to  have   part- 

ner practicing  law. 

Section  21.  Sittings,  public. — The  sittings  of  every  court  of  jus- 
tice shall  be  public,  except  as  provided  in  the  section  next  following. 

22.  Sittings,  when  private. — In  an  action  for  divorce,  criminal 
conversation,  seduction,  or  breach  of  promise  of  marriage,  the  court 
may  direct  the  trial  of  any  issue  of  fact  joined  therein  to  be  private, 
and  may  exclude  all  persons  except  the  officers  of  the  court,  the  par- 
ties, their  witnesses,  and  counsel:  Provided^  That  in  any  cause  the 
court  may,  in  the  exercise  of  a  sound  discretion,  during  the  examina- 
tion of  a  witness,  exclude  any  or  all  other  witnesses  in  the  cause. 

Cross  Reference 
Exclusion  of  witnesses,  see  section  2112  of  this  title. 

23.  Powers  respecting  conduct  of  proceedings. — Every  court 
shall  have  power — 

1.  To  preserve  and  enforce  order  in  its  immediate  presence ; 

2.  To  enforce  order  in  the  proceedings  before  it,  or  before  a  person 
or  persons  empowered  to  conduct  a  judicial  investigation  under  its 
authority ; 

3.  To  provide  for  the  orderly  conduct  of  proceedings  before  it,  or 
its  officers; 

4.  To  compel  obedience  to  its  judgments,  orders,  and  process,  and 
to  the  orders  of  a  judge  out  oi  court,  in  an  action  or  proceeding 
pending  therein; 

5.  To  control  in  furtherance  of  justice,  the  conduct  of  its  minis- 
terial officers,  and  of  all  other  persons  in  any  manner  connected 
with  a  judicial  proceeding  before  it,  in  every  matter  appertaining 
thereto ; 

6.  To  compel  the  attendance  of  persons  to  testif}'^  in  an  action  or 
proceeding  pending  therein,  in  the  cases  and  manner  provided  in 
this  title; 

7.  To  administer  oaths  in  an  action  or  proceeding  pending  therein, 
and  in  all  other  cases  where  it  may  be  necessary  in  the  exercise  of 
its  powers  and  duties; 


322 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2S 

8.  To  amend  and  control  its  process  and  orders  so  as  to  make 
them  conformable  to  law  and  justice. 

Ceoss-References 

AflSrmation  iu  place  of  oath,  see  section  2175  of  this  title. 
Administration  of  oaths,  see  sections  2171  et  seq.,  of  this  title. 
Attendance  of  witnesses,  see  sections  2041  et  seq.,  of  this  title. 
Contempt,  see  sections  1161  et  seq.,  of  this  title. 
Enlarging  time  to  plead,  see  section  275  of  this  title. 
Ivelieving  from  judgment,  see  section  275  of  this  title. 

24.  District  court  to  have  seal. — The  district  court  shall  have  a 
seal,  which  shall  be  kept  by  the  clerk  of  the  court. 

25.  Same;  to  what  documents  aflSxed. — The  seal  of  the  district 
court  need  not  be  affixed  to  any  proceeding  therein  or  document, 
except : 

1.  To  a  writ; 

2.  To  the  certificate  of  probate  of  a  will  or  of  the  appointment 
of  an  executor,  administrator,  or  guardian ; 

3.  To  the  authentication  of  a  copy  of  a  record  or  other  proceeding 
of  the  court,  or  of  an  officer  thereof,  or  of  a  copy  of  a  document  on 
file  in  the  office  of  the  clerk. 

26.  District  court  dockets. — In  addition  to  such  dockets  as  may 
be  specially  provided  for  herein,  the  clerk  of  the  district  court,  under 
the  direction  of  the  judge,  must  cause  to  be  prepared,  and  shall  keep, 
such  other  dockets  as  may  be  required  for  the  purposes  of  said  court. 

27.  Powers  of  district  judge. — The  district  judge  may,  at  cham- 
bers, grant  all  orders  and  writs  which  are  usually  granted  in  the  first 
instance  upon  an  ex  parte  application,  and  may,  at  chambers,  hear 
and  dispose  of  such  orders  and  writs;  and  may  also,  at  chambers, 
appoint  appraisers,  receive  inventories  and  accounts  to  be  filed,  sus- 
pend the  powers  of  executors,  administrators,  or  guardians  in  the 
cases  allowed  by  law,  grant  special  letters  of  administration  or  guard- 
ianship, approve  claims  and  bonds,  and  direct  the  issuance  from  the 
court  of  all  writs  and  process  necessary  in  the  exercise  of  their 
powers  in  matters  of  probate. 

Cross-Refeeences 

Power  of  judge  out  of  court,  see  section  30  of  this  title ;  and  title  7,  sections 
31,  32. 

Powers  in  probate  matters,  see  section  1218  of  this  title. 

28.  Disqualification  of  judges. — No  judge  or  magistrate  shall  sit 
or  act  as  such  in  any  action  or  proceeding : 

1.  To  which  he  is  a  party  or  in  which  he  is  interested ; 

2.  When  he  is  related  to  either  party,  or  to  an  officer  of  a  cor- 
poration, which  is  a  party,  or  to  an  attorney,  counsel,  or  agent  of 
either  party,  by  consanguinity  or  affinit}'^  within  the  third  degree 
computed  according  to  the  rules  of  law; 

3.  When,  in  the  action  or  proceeding,  or  in  any  previous  action 
or  proceeding  involving  any  of  the  same  issues,  he  "has  been  attorney 
or  counsel  for  any  party;  or  when  he  has  given  advice  to  any  party 
upon  any  matter  involved  in  the  action  or  proceeding;  or  when  ho 

323 


T.4,  §29]  THE  CODE  OF  CIVIL  PROCEDURE 

has  been  retained  or  employed  as  attorney  or  counsel  for  any  j)arty 
"vvithin  two  years  prior  to  the  commencement  of  the  action  of 
proceeding; 

4.  When  it  appears  from  the  affidavit  or  affidavits  on  file  that 
either  party  cannot  have  a  fair  and  impartial  trial  before  the  dis- 
trict jndo;e,  about  to  try  the  case,  by  reason  of  the  prejudice  or  bias 
of  such  judge.  The  affidavit  or  affidavits  alleging  the  disqualifica- 
tion of  the  judge  must  be  filed  and  served  upon  the  adverse  party 
or  the  attorney  for  such  party  at  least  one  day  before  the  day  set 
for  trial  of  such  action  or  proceeding;  provided,  counteraffidavits 
may  be  filed  at  least  one  day  thereafter,  or  such  further  time  as  the 
court  may  extend  the  time  for  filing  such  counteraffidavits,  not 
exceeding  five  days,  and  for  this  purpose  the  court  may  continue  the 
trial. 

Cros  s  -Refeken  ces 

Disqualification  in  probate  or  guardianship  proceeding,  see  section  1401  of 
tliis  title. 
Consanguinity  and  affinity,  see  title  3,  sections  G37  et  soq. 

29.  No  judge  or  magistrate  to  have  partner  practicing  law. — No 

judge  or  magistrate  shall  have  a  partner  acting  as  attorney  or  counsel 
in  any  court  of  the  Canal  Zone. 

30.  Powers  of  district  judge. — The  district  judge  may  exercise 

out  of  court  all  the  powers  expressly  conferred  upon  the  judge,  as 
contradistinguished  from  the  court. 

Cross-Refekences 

Powers  in  matters  of  probate,  see  section  1218  of  this  title. 

Powers  of  judge  at  chambers,  see  section  27  of  this  title. 

Power  to  administer  oaths,  see  sections  23,  31,  33,  and  2171  of  this  title. 

31.  Powers  of  judicial  officers  as  to  conduct  of  proceedings. — 

Every  judicial  officer  shall  have  power: 

1.  To  preserve  and  enforce  order  in  his  immediate  presence,  and  in 
proceedings  before  him,  when  he  is  engaged  in  the  performance  of 
official  duty; 

2.  To  compel  obedience  to  his  lawful  orders  as  provided  in  this 
title ; 

3.  To  compel  the  attendance  of  persons  to  testify  in  a  proceeding 
before  him,  in  the  cases  and  manner  provided  in  this  title ; 

4.  To  administer  oaths  to  persons  in  a  proceeding  pending  before 
him,  and  in  all  other  cases  where  it  may  be  necessary  in  the  exercise 
of  his  powers  and  duties. 

Cross-References 

See  also  section  23  of  this  title. 

Power  to  administer  oaths,  see  sections  23,  33,  and  2171  of  this  title. 

32.  To  punish  for  contempt. — For  the  effectual  exercise  of  the 
powers  conferred  by  the  next  preceding  section,  a  judicial  officer  may         ■ 
punish  for  contempt  in  the  cases  provided  in  this  title.  f  I 

Cross-Reference 

Contempt,  generally,  see  sections  1161  et  seq.,  of  this  title. 

324 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  41 


33.  To  take  acknowledgments  and  affidavits. — The  district  judge 
and  the  magistrates  shall  have  power  to  take  and  certify : 

1.  The  jDroof  and  acknowledgment  of  a  conveyance  of  real  prop- 
erty or  of  any  other  written  instrument; 

2.  The  acknowledgment  of  satisfaction  of  a  judgment  of  any 
court ; 

3.  An  affidavit  or  deposition  to  be  used  in  the  Canal  Zone. 

Cboss-Rejferences 

Proof  and  acknowledgment  of  instruments,  see  title  3,  sections  491  et  seq. 
Who  may  take  affidavits,  see  section  2074  of  this  title. 

34.  Proceedings  to  be  in  English  language. — Every  written  pro- 
ceeding in  a  court  of  justice  in  the  Canal  Zone  shall  be  in  the  Eng- 
lish language,  and  judicial  proceedings  shall  be  conducted  and 
preserved  in  no  other, 

35.  Means  to  carry  jurisdiction  into  elfect. — When  jurisdiction 
is,  by  this  title,  or  by  any  other  statute,  conferred  on  a  court  or 
judicial  officer,  all  the  means  necessary  to  carry  it  into  effect  are  also 
given;  and  in  the  exercise  of  this  jurisdiction,  if  the  course  of  pro- 
ceeding be  not  specifically  pointed  out  by  this  title  or  the  statute, 
any  suitable  process  or  mode  of  proceeding  may  be  adopted  which 
may  appear  most  conformable  to  the  spirit  of  this  title. 

36.  Reports  prima  facie  correct  statements. — The  report  of  the 
official  reporter,  or  official  reporter  pro  tempore,  of  the  district  court, 
duly  appointed  and  sworn,  when  transcribed  and  certified  as  being 
a  correct  transcript  of  the  testimony  and  proceedings  in  the  case, 
is  prima  facie  evidence  of  such  testimony  and  proceedings. 

CHAPTER  3.— ATTORNEYS  AND  COUNSELORS  AT  LAW 


Sec. 

54.  Accusation. 

55.  Verification  of  accusation. 

56.  Citation    of    accused    by    publication. 

57.  Appearance. 

58.  Objections  to  accusation. 

59.  Demurrer. 

60.  Answer. 

61.  Trial. 

62.  Reference  to  take  depositions. 

63.  Judgment. 

64.  Disqualified  attorney  as  plaintiff. 

65.  Compensation    to    be    reasonable;    co: 

tract  for  services. 


Sec. 

41.  Admission  to  practice. 

42.  Certificate  of  admission. 

43.  Oath. 

44.  Roll  of  attorneys. 

45.  Attorneys  on   bonds. 

46.  Who  may  conduct  litigation. 

47.  Duties. 

48.  Authority. 

49.  Change  of  attorney. 

50.  Notice  of  change. 

51.  Death  or  removal  of  attorney. 

52.  Causes    for    which    court    may    remove 

attorney. 

53.  Proceedings  for  removal  or  suspension. 

Section  41.  Admission  to  practice. — 1.  Any  person  of  good  moral 
character  who  has  been  admitted  to  practice  in  the  Supreme  Court 
of  the  United  States,  or  in  the  highest  court  of  the  District  of  Co- 
lumbia, or  in  the  highest  court  of  any  State  or  Territory,  may  be 
admitted,  on  motion  in  open  court,  to  practice  as  an  attorney  of  the 
district  court. 

2,  Any  person  of  good  moral  character  who  has  been  admitted  to 
practice  in  the  highest  court  of  any  foreign  country  may  be  admitted 
to  practice  as  an  attorney  of  the  district  court:  Provided,  however, 
That  the  requirements  for  practice  in  such  foreign  countries  be  a 
preliminary  education,  in  addition  to  grade  and  high  school  educa- 


325 


T.  4,  §42]  THE  CODE  OF  CIVIL  PROCEDURE 

tion,  of  at  least  a  two-year  law  course  in  an  approved  law  school: 
Provided  further^  That  such  person  shall  have  practiced  law  in  the 
courts  of  his  own  or  of  a  foreign  country  for  a  period  of  three  years. 

3.  Every  applicant  for  admission  shall  file  his  application  with 
the  clerk,  produce  his  license  and  satisfactory  evidence  that  it  has 
not  been  revoked,  file  with  the  clerk  statements  of  at  least  three 
reputable  persons,  one  of  whom  must  be  a  member  in  good  standing 
of  the  bar  of  the  district  court,  attesting  to  the  good  moral  character 
of  the  applicant;  and,  if  admission  is  sought  under  subdivision  2  of 
this  section,  every  applicant  shall,  in  addition,  furnish  satisfactory 
evidence  as  to  the  requirements  for  practice  in  such  foreign  country 
and  the  applicant's  practice  for  the  requisite  period.  The  motion  for 
admission  must  be  made  in  open  court  by  a  member  in  good  standing 
of  the  bar  of  the  district  court.  Such  person  shall  upon  the  filing 
of  his  application  pay  to  the  clerk  a  fee  of  $15,  which  fee  shall  be 
accounted  for  by  the  clerk  as  miscellaneous  receipts. 

4.  Any  person  of  good  moral  character  who  has  attained  the  age 
of  twenty-one  years  may  be  admitted  to  the  practice  of  law  in  the 
courts  of  the  Canal  Zone  by  the  judge  of  the  district  court  thereof 
upon  giving  satisfactory  evidence  that  he  has  a  ger^eral  education 
equivalent  to  graduation  from  a  high  school  of  the  Canal  Zone,  has 
studied  law  under  proper  instruction  for  at  least  three  years,  and 
has  passed  an  examination  in  the  law  to  be  prescribed  and  conducted 
by  the  judge  of  the  district  court  or  by  a  committee  of  the  bar 
appointed  by  him  for  that  purpose.  The  judge  of  the  district  court 
is  empowered  to  make  rules  to  establish  the  qualifications  of  the 
candidates. 

42.  Certificate  of  admission. — Upon  admission  of  an  applicant  to 
the  bar,  the  district  court  shall  direct  an  order  to  be  entered  to  that 
effect  upon  its  records,  and  that  a  certificate  of  such  admission  be 
given  to  him  by  the  clerk  of  the  court,  Avhich  certificate  shall  be  his 
license. 

43.  Oath. — Before  receiving  a  certificate  the  appliant  shall  take 
and  subscribe  in  court  the  following  oath : 

"  I,   recognize    and    accept   the    supreme    authority   of   the 

United  States  of  America,  in  the  Canal  Zone,  and  I  do  swear  that  I 
will  obey  the  existing  laws  which  rule  in  the  Canal  Zone,  as  well  as 
the  legal  orders  and  decrees  of  the  duly  constituted  authorities 
therein;  that  I  impose  upon  myself  this  voluntary  obligation  without 
any  mental  reservation  or  purpose  of  evasion. 

"  I  do  solemnly  swear  that  I  will  do  no  falsehood,  nor  consent 
to  the  doing  of  any  in  court;  I  will  not  wittingly  or  willingly  pro- 
mote or  sue  any  false,  groundless,  or  unlawful  suit,  nor  give  aid  nor 
consent  to  the  same;  I  Avill  delay  no  man  for  money  or  malice,  but 
will  conduct  myself  in  the  office  of  a  laAvyer  within  the  courts  accord- 
ing to  the  best  of  my  knowledge  and  discretion,  with  all  good  fidelity 
as  well  to  the  courts  as  to  my  clients.    So  help  me  God." 

44.  Roll  of  attorneys. — The  clerk  of  the  district  court  shall  keep 
a  roll  of  attorneys  admitted  to  practice,  which  roll  must  be  signed  by 
the  person  admitted  before  he  receives  his  license. 

326 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  49 

45.  Attorneys  on  bonds. — Attorneys  will  not  be  accepted  as  sure- 
ties ui^on  bonds  or  recognizances  required  to  be  filed  in  court. 

46.  Who  may  conduct  litigation. — A  person  may  conduct  his  liti- 
gation personally  or  by  the  aid  of  a  lawyer,  in  either  the  district  or 
magistrates'  courts. 

47.  Duties. — It  is  the  duty  of  an  attorney  and  counselor : 

1.  To  support  the  laws  of  the  Canal  Zone  and  the  applicable  laws 
of  the  United  States ; 

2.  To  maintain  the  respect  due  to  the  courts  of  justice  and  judicial 
olHcers; 

3.  To  counsel  or  maintain  .such  actions,  proceedings,  or  defenses 
only  as  appear  to  him  legal  or  just,  except  the  defense  of  a  person 
charged  with  a  public  offense; 

4.  To  employ,  for  the  purpose  of  maintaining  the  causes  confided 
to  him,  such  means  only  as  are  consistent  with  truth,  and  never  seek 
to  mislead  the  judge  or  any  judicial  officer  by  an  artifice  or  false 
statement  of  fact  or  law ; 

5.  To  maintain  inviolate  the  confidence,  and  at  every  peril  to  him- 
self, to  preserve  the  secrets  of  his  client ; 

6.  To  abstain  from  all  offensive  personality,  and  to  advance  no 
fact  prejudicial  to  the  honor  or  reputation  of  a  party  or  witness, 
unless  required  by  the  justice  of  the  cause  with  which  he  is  charged; 

7.  Not  to  encourage  either  the  commencement  or  the  continuance 
of  an  action  or  proceeding  from  any  corrupt  motive  of  passion  or 
interest ; 

8.  Never  to  reject,  for  any  consideration  personal  to  himself,  the 
cause  of  the  defenseless  or  the  oppressed. 

Cross-References 

Privileged  communications,  see  section  1904  of  this  title. 
Misconduct  in  practice  of  law,  see  title  5,  sections  221  to  223. 

48.  Authority. — An  attorney  shall  have  authority: 

1.  To  bind  his  client  in  any  of  the  steps  of  an  action  or  proceeding 
by  his  agreement  filed  with  the  clerk,  or  entered  upon  the  minutes 
of  the  court,  and  not  otherwise ; 

2.  To  receive  money  claimed  by  his  client  in  an  action  or  pro- 
ceeding during  the  pendency  thereof,  or  after  judgment,  unless  a 
revocation  of  his  authority  is  filed,  and  upon  the  payment  thereof, 
and  not  otherwise,  to  discharge  the  claim  or  acknowledge  satisfaction 
of  the  judgment. 

Cross-References 

Instructing  marshal  what  to  attach,  see  section  358  of  this  title. 
Requiring  marshal  to  take  property  in  replevin,  see  section  323  of  this  title. 
Right  of  attorney  to  subscribe  and  verify  pleading,  see  section  241  of  this  title. 
Satisfaction  of  judgment  by  attorney,  see  section  550  of  this  title. 

49.  Change  of  attorney. — The  attorney  in  an  action  or  special 
proceeding  may  be  changed  at  any  time  before  or  after  judgment  or 
final  determination,  as  follows : 

1.  Upon  consent  of  both  client  and  attorney,  filed  with  the  clerk, 
or  entered  upon  the  minutes ; 

327 


T.  4,  §50]  THE  CODE  OF  CIVIL  PROCEDURE 

2.  Upon  the  order  of  the  court,  upon  the  application  of  either 
client  or  attorney,  after  notice  from  one  to  the  other. 

50.  Notice  of  change. — When  an  attorney  is  changed,  as  provided 
in  the  next  preceding  section,  written  notice  of  the  change  and  of  the 
substitution  of  a  new  attorney,  or  of  the  appearance  of  the  party  in 
person,  must  be  given  to  the  adverse  party.  Until  then  he  must 
recognize  the  former  attorney. 

51.  Death  or  removal  of  attorney. — When  an  attorney  dies,  or  is 
removed  or  suspended,  or  ceases  to  act  as  such,  a  party  to  an  action. 
for  whom  he  was  acting  as  attorney,  must,  before  any  further  pro- 
ceedings are  had  against  him,  be  required  by  the  adverse  party,  by 
written  notice,  to  appoint  another  attorney,  or  to  appear  in  j^erson. 

52.  Causes  for  which  court  may  remove  attorney. — An  attorney 
may  be  removed  or  suspended  by  the  district  court,  for  any  of  thi' 
following  causes,  arising  after  his  admission  to  practice : 

1.  His  conviction  of  a  felony  or  misdemeanor  involving  moral 
turpitude,  in  which  case  the  record  of  conviction  shall  be  conclusive 
evidence ; 

2.  Willful  disobedience  or  violation  of  an  order  of  the  district 
court  requiring  him  to  do  or  forbear  an  act  connected  with,  or  in  the 
course  of  his  profession,  which  he  ought  in  good  faith  to  do  or 
forbear,  and  any  violation  of  the  oath  taken  by  him,  or  of  his  duties 
as  such  attorney  and  counselor; 

3.  Corruptly  or  willfully  and  without  authority  appearing  as 
attorney  for  a  party  to  an  action  or  proceeding ; 

4.  Lending  his  name  to  be  used  as  attorney  and  counselor  by 
another  person  who  is  not  an  attorney  and  counselor ; 

5.  For  the  commission  of  any  act  involving  moral  turpitude, 
dishonesty,  or  corruption,  whether  the  same  be  committed  in  the 
course  of  his  relations  as  an  attorney  or  counselor  at  law,  or  other- 
wise, and  whether  the  same  shall  constitute  a  felony  or  misdemeanor 
or  not;  and  in  the  event  that  such  act  shall  constitute  a  felony  or 
misdemeanor,  conviction  thereof  in  a  criminal  proceeding  shall  not 
be  a  condition  precedent  to  disbarment  or  suspension  from  practice 
therefor. 

Ckoss-Reifeeencb 

Right  of  attorney  to  make  defense,  see  sections  56  et  seq.,  of  this  title. 

53.  Proceedings  for  removal  or  suspension. — The  proceedings  to 
remove  or  suspend  an  attorney  and  counselor,  under  subdivision 
1  of  the  next  preceding  section,  must  be  taken  by  the  district  court 
on  the  receipt  of  a  certified  copy  of  the  record  of  conviction.  The 
proceedings  under  any  of  the  other  subdivisions  of  that  section  may 
be  taken  by  the  court  for  the  matters  within  its  knowledge,  or 
may  be  taken  upon  the  information  of  another. 

54.  Accusation. — If  the  proceedings  are  upon  the  information  of 
another,  the  accusation  must  be  in  writing. 

55.  Verification  of  accusation. — The  accusation  must  state  the 
matters  charged,  and  be  verified  by  the  oath  of  some  person,  to  the 
effect  that  the  charges  therein  contained  are  true,  which  verification 

328 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  63 

may  be  made  upon  information  and  belief  when  the  accusation  is 
presented  by  an  org-anized  bar  association. 

56.  Citation  of  accused  by  publication. — Upon  receiving  the  ac- 
cusation, the  district  court  shall  make  an  order  requiring  the  accused 
to  appear  and  answer  it  at  a  specilled  time,  and  shall  cause  a  copy 
of  the  order  and  of  the  accusation  to  be  served  upon  the  accused  at 
least  five  days  before  the  day  appointed  in  the  order.  If  it  shall 
appear  by  affidavit  to  the  satisfaction  of  the  court  or  judge  that  the 
accused  resides  out  of  the  Canal  Zone;  or  has  departed  from  the 
Canal  Zone;  or  cannot,  after  due  diligence,  be  found  within  the 
Canal  Zone ;  or  conceals  himself  to  avoid  the  service  of  the  order  to 
show  cause,  the  court  or  judge  may  direct  the  service  of  a  citation 
to  the  accused,  requiring  him  to  appear  and  ansAver  the  accusation, 
to  be  made  hy  publication  in  a  newspaper  of  general  circulation  in 
the  Canal  Zone  for  thirty  days.  Such  citation  must  be  directed  to 
the  accused,  recite  the  date  of  the  filing  of  the  accusation,  the  name 
of  the  accuser,  and  the  general  nature  or  the  charges  against  him,  and 
require  him  to  appear  and  answer  the  accusation  at  a  specified  time. 
On  proof  of  the  publication  of  the  citation  as  herein  required  the 
court  shall  have  jurisdiction  to  proceed  to  hear  the  accusation  and 
render  judgment  with  like  effect  as  if  an  order  to  show  cause  and  a 
copy  of  the  accusation  had  been  personally  served  on  the  accused. 

57.  Appearance. — The  accused  must  appear  at  the  time  appointed 
in  the  order,  and  answer  the  accusation,  unless,  for  sufficient  cause, 
the  court  assign  another  day  for  that  purpose.  If  he  do  not  appear, 
the  court  may  proceed  and  determine  the  accusation  in  his  absence. 

58.  Objections  to  accusation. — The  accused  may  answer  to  the 
accusation  either  by  objecting  to  its  sufficiency  or  denying  it. 

59.  Demurrer. — If  he  objects  to  the  sufficiency  of  the  accusation, 
the  objection  must  be  in  writing,  but  need  not  be  in  any  specific  form, 
it  being  sufficient  if  it  presents  intelligibly  the  grounds  of  the  objec- 
tion. If  he  deny  the  accusation,  the  denial  may  be  oral  and  without 
oath,  and  must  be  entered  upon  the  minutes. 

60.  Answer. — If  an  objection  to  the  sufficiency  of  the  accusation 
be  not  sustained,  the  accused  must  answer  within  such  time  as  may 
be  designated  by  the  court. 

61.  Trial. — If  the  accmsed  plead  guilty,  or  refuse  to  answer  the 
accusation,  the  court  shall  proceed  to  judgment  of  removal  or  sus- 
pension. If  he  deny  the  matters  charged,  the  court  shall,  at  such 
time  as  it  may  appoint,  proceed  to  try  the  accusation. 

62.  Reference  to  take  depositions. — The  court  may,  in  its  discre- 
tion, order  a  reference  to  a  committee  to  take  depositions  in  the 
matter. 

63.  Judgment. — Upon  the  receipt  of  a  certified  copy  of  the  record 
of  conviction  of  an  attorney  of  a  crime  involving  moral  turpitude, 
the  district  court  must  suspend  the  attorney  until  judgment  in  the 
case  has  become  final.  When  a  judgment  of  conviction  in  such  case 
has  become  final  the  court  shall  order  the  attorney  permanently 
disbarred.    When  the  attorney  has  been  found  guilty  of  the  charges 

93083—34 22  329 


T.  4,  §  64]  THE  CODE  OF  CIVIL  PROCEDURE 

made  in  proceedings  not  based  upon  a  record  of  conviction,  judg- 
ment shall  be  rendered  disbarring  the  attorney  either  permanently 
or  for  a  limited  time,  according  to  the  gravity  of  the  offense  charged. 
During  such  suspension  or  disbarment  the  attorney  shall  be  precluded 
from  practicing  as  an  attorney  at  law  or  as  an  attorney  or  agent 
of  another  in  and  before  all  courts,  commissions,  and  tribunals  in 
the  Canal  Zone,  and  from  practicing  as  attorney  or  counselor  at  law 
in  any  manner  and  from  holding  himself  out  to  the  public  as  an 
attorney  or  counselor  at  law.  When  permanently  disbarred  his  name 
shall  be  stricken  from  the  roll  of  attorneys  and  counselors. 

64.  Disqualified  attorney  as  plaintiff. — No  person  who  has  been 
an  attorney  and  counselor  shall,  while  a  judgment  of  disbarment 
or  suspension  is  in  force,  appear  on  his  own  behalf  as  plaintiff  in 
the  prosecution  of  aii}^  action  where  the  subject  of  said  action  has 
been  assigned  to  him  subsequent  to  the  entry  of  the  judgment  of 
disbarment  or  suspension. 

65.  Compensation  to  be  reasonable;  contract  for  services. — An 

attorney  shall  be  entitled  to  have  and  recover  from  his  client  no 
more  than  a  reasonable  compensation  for  the  services  rendered,  hav- 
ing in  view  the  importance  of  the  subject  matter  of  the  controversy, 
the  extent  of  the  services  rendered,  and  the  professional  standing  of 
the  attorney.  But  in  such  cases  the  court  shall  not  be  bound  by  the 
opinion  of  attorneys  as  expert  witnesses  as  to  the  proper  compensa- 
tion, but  may  disregard  such  testimony  and  base  its  conclusion  on  its 
own  professional  knowledge.  A  written  contract  for  services  shall 
control  the  amount  of  recovery  if  found  by  the  court  not  to  be 
unconscionable  or  unreasonable. 

CHAPTER  4.— FORM  OF  CIVIL  ACTIONS 

Sec.  I   Sec. 

71.  One  form  of  civil  action  only.  73.   Special   issues   not   made   by    pleadings, 

72.  Parties  to  actions,  how  designated.         '  how  tried. 

Section  71.  One  form  of  civil  action  only. — There  is  in  the  Canal 

Zone  but  one  form  of  civil  action  for  the  enforcement  or  protection 
of  private  rights  and  the  redress  or  prevention  of  private  wrongs. 

Cross-references 

Action  is  commenced  by  filing  complaint,  see  section  161  of  this  title. 
Law  and  equity  jurisdiction  need  not  be  separately  exercised,  see  title  7, 
section  24. 

72.  Parties  to  actions,  how  designated. — In  such  action  the  party 
complaining  is  known  as  the  plaintiff,  and  the  adverse  party  as  the 
defendant. 

73.  Special  issues  not  made  by  pleadings,  how  tried. — A  question 

of  fact  not  j)ut  in  issue  by  the  pleadings  may  be  tried  by  the  district 
court  or  a  jury  therein,  upon  an  order  for  the  trial,  stating  distinctly 
and  jDlainly  the  question  of  fact  to  be  tried;  and  such  order  is  the 
only  authority  necessary  for  a  trial. 

Ceoss-Rejfeeence 

Issues,  by  whom  triable,  see  sections  434  and  435  of  this  title. 

330 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  sr, 


CHAPTER  5.— TIME  OF  COMMENCING  CIVIL  ACTIONS 


1.  Time    of    commencing    actions    in 
general 


ARTICLE    1. 


Sec.  ,    Art,  Sec. 

2.  General   provisions   as  to   time   of 

81  I  commencing  actions 101 

TIME    OF    COMMENCING    ACTIONS    IN    GENERAL 


Sec. 

88.  Actions  for  relief  not  hereinbefore  pro- 

vided for. 

89.  Where     cause     of     action    accrues     on 

mutual  account. 

90.  No    limitation    to    certain    actions ;    not 

applicable  to  insolvent  banks,   etc. 


Sec. 

81.  Commencement  of  civil  actions. 

82.  Periods  of  limitation  prescribed. 

83.  Within  five  years. 

84.  Within  four  years. 

85.  Withiu  three  years. 
8G.  Within  two  years. 
87.  Within  one  year. 

Section  81.  Commencement  of  civil  actions. — Civil  actions,  with- 
out exception,  can  only  be  commenced  within  the  periods  prescribed 
in  this  chapter,  after  the  cause  of  action  shall  have  accrued,  unless 
where,  in  special  cases,  a  different  limitation  is  prescribed  by  statute. 

CBOS  S-REaT.RBN  CB 

Actions  for  wrongful  death  must  be  brought  within  one  year,  see  section  131 
of  this  title. 

82.  Periods  of  limitation  prescribed. — The  periods  prescribed  for 

the  commencement  of  actions  are  as  follows : 

83.  Within  five  years. — Within  five  years: 

1.  xln  action  upon  a  judgment  or  decree  of  any  court  of  the  United 
States  or  of  any  State  within  the  United  States. 

2.  An  action  for  mesne  profits  of  real  property. 

Cboss-References 

Claim  to  escheated  estate,  see  section  1184  of  this  title. 
Foreign  statutes  of  limitation,  see  section  111  of  this  title. 

84.  Within  four  years. — Within  four  years: 

1.  An  action  upon  any  contract,  obligation  or  liability  founded 
upon  an  instrument  in  writing. 

2.  An  action  to  recover  (1)  upon  a  book  account  whether  consist- 
ing of  one  or  more  entries;  (2)  upon  an  account  stated;  (3)  a  balance 
due  upon  a  mutual,  open  and  current  account:  Provided,  however^ 
That  where  an  account  stated  is  based  upon  an  account  of  one  item, 
the  time  shall  begin  to  run  from  the  date  of  said  item,  and  where  an 
account  stated  is  based  upon  an  account  of  more  than  one  item,  the 
time  shall  begin  to  run  from  the  date  of  the  last  item. 

Cboss-Refekences 

Action  upon  mutual,  open  and  current  account,  see  section  89  of  this  title. 
Four-year  limitation  in  absence  of  other  provision,  see  section  88  of  this  title. 

85.  Within  three  years. — Within  three  years: 

1.  An  action  upon  a  liability  created  by  statute,  other  than  a 
penalty  or  forfeiture. 

2.  An  action  for  trespass  upon  or  injury  to  real  property. 

3.  An  action  for  taking,  detaining,  or  injuring  any  goods  or  chat- 
tels, including  actions  for  the  specific  recovery  of  personal  property. 


3.31 


T.4,  §86]  THE  CODE  OF  CIVIL  PROCEDURE 

4.  An  action  for  relief  on  the  ground  of  fraud  or  mistake.  The 
cause  of  action  in  such  case  not  to  be  deemed  to  have  accrued  until 
the  discovery,  by  the  aggrieved  party,  of  the  facts  constituting  the 
fraud  or  mistake. 

Ceoss-Refebences 

statutory  penalty,  see  section  87  of  this  title. 

Action  upon  guardian's  bond,  see  sections  1816  and  1817  of  this  title. 

86.  Within  two  years. — Within  two  years: 

1.  An  action  upon  a  contract,  obligation,  or  liability  not  founded 
upon  an  instrument  of  writing,  other  than  that  mentioned  in  subdivi- 
sion 2  of  section  84  of  this  title;  or  an  action  founded  upon  a  con- 
tract, obligation,  or  liability,  evidenced  by  a  certificate,  or  abstract 
or  guaranty  of  title  of  real  property,  or  by  a  policy  of  title  insur- 
ance :  Provided^  That  the  cause  of  action  upon  a  contract,  obligation, 
or  liability,  evidenced  by  a  certificate,  or  abstract  or  guaranty  of  title 
of  real  property  or  policy  of  title  insurance  shall  not  be  deemed  to 
ha,ve  accrued  until  the  discovery  of  the  loss  or  damage  suffered  by  the 
aggrieved  party  thereunder. 

2.  An  action  against  a  marshal,  coroner,  or  constable  upon  a  lia- 
bility incurred  by  the  doing  of  an  act  in  his  official  capacity  and  in 
virtue  of  his  office,  or  by  the  omission  of  an  official  dut}^  including  the 
nonpayment  of  money  collected  upon  an  execution.  But  this  sub- 
division does  not  apply  to  an  action  for  an  escape. 

Cross-Refebence 
Mutual  account,  see  sections  89  of  this  title. 

87.  Within  one  year. — Within  one  year: 

1.  An  action  upon  a  statute  for  a  penalty  or  forfeiture,  when  the 
action  is  given  to  an  individual,  or  to  an  individual  and  the  Gov- 
ernment, except  when  the  statute  imposing  it  prescribes  a  different 
limitation. 

2.  An  action  upon  a  statute,  or  upon  an  undertaking  in  a  criminal 
action,  for  a  forfeiture  or  penalty  to  the  Government  of  the  Canal 
Zone. 

3.  An  action  for  libel,  slander,  assault,  battery,  false  imprison- 
ment, seduction,  or  for  injury  to  or  for  the  death  of  one  caused  by 
the  wrongful  act  or  neglect  of  another,  or  by  a  depositor  against  a 
bank  for  the  payment  of  a  forged  or  raised  check. 

4.  An  action  against  the  marshal  or  other  officer  for  the  escape  of  a 
prisoner  arrested  or  imprisoned  on  civil  process. 

Ceoss-Reference 

Provision  where  person  entitled  dies  before  limitation  expires,  see  sections 
104  and  106  of  this  title. 

88.  Actions  for  relief  not  hereinbefore  provided  for. — An  action 

for  relief  not  liereinbefore  [jrovided  for  niust  be  commenced  within 
four  years  after  the  cause  of  action  shall  have  accrued. 

Ceoss-References 

Actions  include  special  proceedings,  see  section  113  of  this  title. 
Appeal,  after  reversal  on,  see  section  106  of  this  title. 

332 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  102 


Bank  deposits,  no  limitation,  see  section  90  of  this  title. 

Decedent's   representatives,   actions   by   or   against,   see   section   104   of   this 
title. 
Estates  of  decedents,  action  on  rejected  claim,  see  section  1479  of  this  title. 
Lien,  extinguishment  of  by  limitation,  see  title  3,  section  2223. 
Nuisance,  time  does  not  legalize,  see  title  3,  section  2S11. 
Nuncupative  will,  proof  of,  see  title  3,  section  537. 

89.  Where  cause  of  action  accrues  on  mutual  account. — In  an 

action  brought  to  recover  a  balance  clue  upon  a  mutual,  open,  and 
current  account,  where  there  have  been  reciprocal  demands  between 
the  parties,  the  cause  of  action  is  deemed  to  have  accrued  from  the 
time  of  the  last  item  proved  in  the  account  on  either  side. 

Cross-Refeeencb 
Action  upon  mutual,  open  and  current  account,  see  section  84  of  this  title. 

90.  No  limitation  to  certain  actions;  not  applicable  to  insolvent 
banks,  etc. — To  actions  brought  to  recover  money  or  other  property 
deposited  with  any  bank,  banker,  trust  company,  building  and  loan 
association,  or  savings  and  loan  society  there  is  no  limitation. 

This  section  shall  not  apply  to  banks,  bankers,  trust  companies, 
building  and  loan  associations,  and  savings  and  loan  societies  which 
have  become  insolvent  and  are  in  process  of  liquidation  and  in  such 
cases  the  statute  of  limitations  shall  be  deemed  to  have  commenced 
to  run  from  the  beginning  of  the  process  of  liquidation:  Provided^ 
horcever^  That  nothing  herein  contained  shall  be  construed  so  as  to 
relieve  any  stockholder  of  any  banking  corporation  or  trust  company 
from  stockholder's  liability  as  shall,  at  any  time,  be  provided  by  law. 


ARTICLE    2.- 


-GENERAL  PROVISIONS   AS    TO   TIME    OP    COMMENCING 
ACTIONS 


Sec. 

101.  When  an  action  is  commenced. 

102.  Exception,  where  defendant  is  out  of 

Canal  Zone. 

103.  Exceptions,   as   to   persons   under  dis- 

abilities. 

104.  Provision    where    person    entitled    dies 

before  limitation  expires. 

105.  In  suits  by  aliens,  time  of  war  to  be 

deducted. 

106.  Provision    where    judgment    has    been 

reversed. 

107.  Provision    where   action   is   stayed   by 

injunction. 


Sec. 

108.  Disability    must    exist    when   right   of 

action  accrued. 

109.  When   two   or  more  disabilities  exist, 

etc. 

110.  Acknowledgment  or  new  promise  must 

be  in  writing. 

111.  Limitation    laws  of  States  or   foreign 

countries,   effect   of. 

112.  Existing  causes  of  action  not  affected. 

113.  "Action "    includes   a   special   proceed- 

ing. 


101.  When  an  action  is  commenced. — An  action  is  commenced, 
within  the  meaning  of  this  chapter,  when  the  complaint  is  filed. 

Cross-Referencb 
Action  is  commenced  by  filing  complaint,  see  section  161  of  this  title. 

102.  Exception,  where  defendant  is  out  of  Canal  Zone. — If,  when 
the  cause  of  action  accrues  against  a  person,  he  is  out  of  the  Canal 
Zone,  the  action  may  be  commenced  within  the  term  herein  limited, 
after  his  return  to  the  Zone,  and  if,  after  the  cause  of  action  accrues, 
he  departs  from  the  Zone,  the  time  of  his  absence  is  not  part  of  the 
time  limited  for  the  commencement  of  the  action. 


333 


T.4,  §103]  TEE  CODE  OF  CIVIL  PROCEDURE 

103.  Exception,  as  to  persons  under  disabilities. — If  a  person 

"Tititled  to  bring  an  action,  mentioned  infections  81  to  90  of  this 
Itle,  be,  at  the  time  the  cause  of  action  accrued,  either: 

1.  Under  the  age  of  majority;  or 

2.  Insane;  or 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  under  the 
sentence  of  a  criminal  court  for  a  term  less  than  for  life ;  or 

4.  A  married  woman,  and  her  husband  be  a  necessary  party  with 
her  in  commencing  such  action ; 

The  time  of  such  disability  is  not  a  part  of  the  time  limited  for 
the  commencement  of  the  action. 

Cross-reference 

Disability  affecting  right  to  sue  on  guardian's  bond,  see  sections  1816  and 
817  of  this  title. 

104.  Provision  where  person  entitled  dies  before  limitation  ex- 
pires.— If  a  person  entitled  to  bring  an  action  die  before  the  expira- 
tion of  the  time  limited  for  the  commencement  thereof,  and  the  cause 
of  action  survive,  an  action  may  be  commenced  by  his  representa- 
tives, after  the  expiration  of  that  time,  and  within  six  months  from 
his  death.  If  a  person  against  whom  an  action  may  be  brought  die 
before  the  expiration  of  the  time  limited  for  the  commencement 
thereof,  and  the  cause  of  action  survive,  an  action  may  be  commenced 
against  his  representatives,  after  the  expiration  of  that  time,  and 
within  one  year  after  the  issuing  of  letters  testamentary  or  of 
administration. 

Cross-Reifere:nces 

Death  pending  action,  see  section  106  of  this  title. 

Substitution  of  parties,  see  section  141  of  tliis  title. 

Survival  of  actions,  see  sections  141,  1522  and  1524  of  this  title. 

Action  includes  special  proceeding,  see  section  113  of  this  title. 

105.  In  suits  by  aliens,  time  of  war  to  be  deducted. — When  a  per- 
son is  an  alien  subject,  or  citizen  of  a  country  at  war  with  tlie  United 
States,  the  time  of  the  continuance  of  the  war  is  not  part  of  the 
period  limited  for  the  commencement  of  the  action. 

106.  Provision  where  judgment  has  been  reversed. — If  an  action 

is  commenced  within  the  time  prescribed  therefor,  and  a  judgment 
therein  for  the  plaintiff  be  reversed  on  appeal,  the  plaintiil,  or  if  he 
die  and  the  cause  of  action  survive,  his  representatives,  may  com- 
mence a  new  action  within  one  year  after  the  reversal. 

107.  Provision  where  action  is  stayed  by  injunction. — When  the 

commencement  of  an  action  is  stayed  b}^  injunction  or  statutory  pro- 
hibition, the  time  of  the  continuance  of  the  injunction  or  prohibition 
is  not  part  of  the  time  limited  for  the  commencement  of  the  action. 

108.  Disability  must  exist  when  right  of  action  accrued. — No 

person  can  avail  himself  of  a  disability,  unless  it  existed  when  his 
right  of  action  accrued, 

109.  When  two  or  more  disabilities  exist,  etc. — When  two  or 
more  disabilities  coexist  at  the  time  the  right  of  action  accrues,  the 
limitation  does  not  attach  until  they  are  removed. 


TEE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  121 


110.  Acknowledgment  or  new  promise  must  be  in  writing. — No 

acknowledgment  or  promise  is  sulKcient  evidence  of  a  new  or  con- 
tinuing contract,  by  which  to  take  the  case  out  of  the  operation  of 
this  chapter,  unless  the  same  is  contained  in  some  writing,  signed 
by  the  party  to  be  charged  thereby. 

Ckoss-Reference 
Partner  in  liquidation  cannot  revive  debt,  see  title  3,  section  1805. 

111.  Limitation  laws  of  States  or  foreign  countries,  effect  of. — 

When  a  cause  of  action  has  arisen  in  a  State  of  the  United  States,  or 
in  a  foreign  country,  and  by  the  laws  thereof  an  action  thereon  can- 
not there  be  maintained  against  a  person  by  reason  of  the  lapse  of 
time,  an  action  thereon  shall  not  be  maintained  against  him  in  the 
Canal  Zone,  except  in  favor  of  one  who  has  been  a  resident  of  the 
Zone,  and  who  has  held  the  cause  of  action  from  the  time  it  accrued. 

112.  Existing  causes  of  action  not  affected. — This  chapter  does 

not  extend  to  actions  already  commenced,  nor  to  cases  wdiere  the  time 
prescribed  in  any  existing  statute  for  acquiring  a  right  or  barring 
a  remedy  has  fully  run,  but  the  laws  now  in  force  are  applicable  to 
such  actions  and  cases,  and  are  repealed  subject  to  the  provisions  of 
this  section. 

113.  "Action "  includes  a  special  proceeding. — The  word  "  ac- 
tion "  as  used  in  this  chapter  is  to  be  construed,  whenever  it  is 
necessary  so  to  do,  as  including  a  special  proceeding  of  a  civil  nature. 

CHAPTER  6.— PARTIES  TO  CIVIL  ACTIONS 


Sec. 

121.  Civil  actions  or  special  proceedings  be- 

tween  nonresidents. 

122.  Action    to    be    in    name    of    party    in 

interest. 

123.  Assignment  of  tiling  in  action  not  to 

prejudice   defense. 

124.  Executor,   trustee,  etc.,  may  sue  with- 

out  joining  the  persons   beneficially 
interested. 

125.  iMarried  women   as  parties  to  actions. 

126.  Wife  may  defend,  when. 

127.  Appearance   of  infant,   etc.,   by   guard- 

ian ;  may  compromise. 

128.  Guardian,  how  appointed. 

129.  Unmarried    female    may    sue    for    her 

own  seduction. 

130.  Fathers,    etc.,    may    sue   for    seduction 

of  daughter,  etc. 

131.  Actions  for  wrongful  death. 

132.  Who   may  be  joined  as  plaintiffs. 

133.  Who   may   be  joined   as   defendants. 

134.  Same. 

135.  Order    preventing   embarrassment. 

136.  Doubt  as  to  defendant  liable. 


Sec. 

137.  Parties  defendant  in  an  action  to  de- 

termine   conflicting    claims    to    real 
property. 

138.  Parties     in      interest,     when     to      be 

joined ;  when  one  or  more  may  sue 
or  defend  for  the  whole. 

139.  Plaintiff    may    sue    in    one    action    the 

different      parties      to      commercial 
paper   or   insurance   policies. 

140.  Tenants   in    common,    etc.,    may    sever 

in  bringing  or  defending  actions. 

141.  Action,   when   not   to   abate  by   death, 

marriage,    or   other   disability ;    pro- 
ceedings in  such  case. 

142.  Another  persun  may  be  substituted  for 

the    defendant ;    conflicting    claims, 
how  made. 

143.  Intervention,  when  it  takes  place,  and 

how  made. 

144.  Associates   may   be   sued   by   name   of 

association. 

145.  Court,   when   to   decide   controversy   or 

to  order  other  parties  to  be  brought 


Section  121.  Civil  actions  or  special  proceedings  between  non- 
residents.— No  civil  action  or  special  proceedings  shall  be  brought  or 
proceeded  with  in  the  courts  of  the  Canal  Zone,  in  an}'  case  in  which 
both  of  the  parties,  plaintiff  and  defendant,  are  alien  nonresidents 
of  the  Canal  Zone,  and  the  cause  of  action  is  one  which  arose  without 
the  territorial  limits  of  the  Canal  Zone,  and  the  party  proceeded 
against  has  no  property  within  said  territorial  limits,  subject  to  the 
jurisdiction  of  the  Canal  Zone  courts. 


335 


T.4,  §122]  TEE  CODE  OF  CIVIL  PROCEDURE 

Neither  shall  any  civil  action  or  special  proceeding  be  brought  or 
proceeded  with  in  the  courts  of  the  Canal  Zone  when  both  parties, 
plaintiff  and  defendant,  though  citizens  of  the  United  States,  are 
found  transiently  within  the  limits  of  the  Canal  Zone,  unless  the 
cause  of  action  is  one  arising  within  the  said  territorial  limits,  or 
the  party  proceeded  against  has  property  within  the  said  limits,  sub- 
ject to  the  jurisdiction  of  the  Canal  Zone  courts. 

This  section  shall  not  be  construed  to  exclude  from  the  jurisdic- 
tion of  the  Canal  Zone  courts  cases  between  parties  who  have  an 
official  or  business  residence  within  the  territorial  limits  of  the  Canal 
Zone  Government,  or  who  reside  therein  for  the  purpose  of  any 
occupation  or  employment,  notwithstanding  that  they  may  not  have 
acquired  a  permanent  residence  within  said  territorial  limits. 

122.  Action  to  be  in  name  of  party  in  interest. — Every  action 
must  be  prosecuted  in  the  name  of  the  real  party  in  interest. 

Cboss-Rkfeeexces 

Association,  how  may  be  sued,  see  section  144  of  tliis  title. 
Executor  or  trustee  may  sue  without  joining  beneficiary,  see  section  124  of 
this  title. 

Right  to  sue  on  contract  made  for  one's  benefit,  see  title  3,  section  814. 
Joinder  of  persons  interested,  see  sections  132  and  138  of  this  title. 

123.  Assignment  of  thing  in  action  not  to  prejudice  defense. — 

In  the  case  of  an  assignment  of  a  thing  in  action,  the  action  by  the 
assignee  is  without  prejudice  to  any  set-off,  or  other  defense  existing 
at  the  time  of,  or  before,  notice  of  the  assignment;  but  this  section 
does  not  apply  to  a  negotiable  promissory  note  or  bill  of  exchange, 
transferred  in  good  faith,  and  upon  good  consideration,  before 
maturity. 

Ceoss-Refebences 

Assignment  of  chose  in  action,  see  title  3,  section  372. 

Assignment  and  survival  of  causes  of  action,  see  sections  1522  et  seq.,  of  this 
title. 
Proceedings  on  transfer  of  interest  pending  action,  see  section  141  of  this  title. 
Thing  in  action  defined,  see  title  3,  section  371. 

124.  Executor,  trustee,  etc.,  may  sue  without  joining  the  per- 
sons beneficially  interested. — An  executor  or  administrator,  or 
trustee  of  an  express  trust,  or  a  person  expressly  authorized  by  stat- 
ute, may  sue  without  joining  with  him  the  persons  for  whose  benefit 
the  action  is  prosecuted.  A  person  with  whom,  or  in  whose  name,  a 
contract  is  made  for  the  benefit  of  another,  is  a  trustee  of  an  express 
trust,  within  the  meaning  of  this  section. 

CeOS  S-ReFE»E  NCES 


Actions  by  executors  and  administrators,  see  also  sections  1440,  1521  to  1523, 
1526  and  1529  of  this  title. 
Contract  for  benefit  of  third  person  may  be  enforced,  see  title  3,  section  814.* 


12.5.  Married  women  as  parties  to  actions. — A  married  woman 
may  be  sued  without  her  husband  being  joined  as  a  party,  and  may 
sue  without  her  husband  being  joined  as  a  party  in  all  actions,  includ- 


il 


836 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  129 

ing  those  for  injury  to  her  person,  libel,  slander,  false  imprisonment, 
or  malicious  prosecution,  or  for  the  recovery  of  her  earnings. 

Cross-reference 
Contracts  of  married  women  generally,  see  title  3,  section  134. 

126.  Wife  may  defend,  when. — If  a  husband  and  wife  be  sued 
together,  the  wife  may  defend  for  her  own  right,  and  if  the  husband 
neglect  to  defend,  she  may  defend  for  his  right  also. 

127.  Appearance  of  infant,  etc.,  by  guardian;  may  compro- 
mise.— When  an  infant,  or  an  insane  or  incompetent  person  is  a 
party,  he  must  appear  either  by  his  general  guardian  or  by  a  guard- 
ian ad  litem  appointed  by  the  court  in  which  the  action  is  pending, 
in  each  case.  A  guardian  ad  litem  may  be  appointed  in  any  case, 
when  it  is  deemed  by  the  court  in  Avhich  the  action  or  proceeding  is 
prosecuted,  or  by  a  judge  thereof,  expedient  to  represent  the  infant, 
insane,  or  incompetent  person  in  the  action  or  proceeding,  notwith- 
standing he  may  have  a  general  guardian  and  may  have  appeared  by 
him.  The  general  guardian  or  guardian  ad  litem  so  appearing  for 
any  infant,  or  insane  or  incompetent  person  in  any  suit  shall  have 
power  to  compromise  the  same  and  to  agree  to  the  judgment  to  be 
entered  therein  for  or  against  his  ward,  subject  to  the  approval  of 
the  court  in  which  such  suit  is  pending. 

Cross-Refesences 

Rights  and  liabilities  of  minors  and  persons  of  unsound  mind,  see  title  3, 
sections  25  et  seq. 

Guardian  and  ward,  see  sections  1721  et  seq.,  of  this  title ;  and  title  3, 
sections  201  et  seq. 

Appearance  bj'  guardian  in  magistrate's  court,  see  section  GG5  of  this  title. 

128.  Guardian,  how  appointed. — When  a  guardian  ad  litem  is 
appointed  by  the  court,  he  must  be  appointed  as  follows : 

1.  When  the  infant  is  plaintiff,  upon  the  application  of  the  infant, 
if  he  be  of  the  age  of  fourteen  years,  or  if  under  that  age,  upon 
the  application  of  a  relative  or  friend  of  the  infant. 

2.  When  the  infant  is  defendant,  upon  the  application  of  the 
infant,  if  he  be  of  the  age  of  fourteen  years  and  apply  within  ten 
days  after  the  service  of  the  summons,  or  if  under  that  age,  or  if  he 
neglect  so  to  apply,  then  upon  the  application  of  a  relative  or  friend 
of  the  infant,  or  of  any  other  party  to  the  action. 

3.  When  an  insane  or  incompetent  person  is  a  party  to  an  action 
or  proceeding,  upon  the  application  of  a  relative  or  friend  of  such 
insane  or  incompetent  person,  or  of  any  other  party  to  the  action 
or  proceeding. 

Cboss-Refeeetnces 

Guardian  at  litem,  see  also  section  695  of  this  title. 
Guardian  to  coiidiict  action  by  ward,  see  title  3,  section  34. 
Guardians,  appointment  of,  see  sections  1721  et  seq.,  of  this  title. 

129.  Unmarried  female  may  sue  for  her  own  seduction. — An  un- 
married female  may  prosecute,  as  plaintiff^  an  action  for  her  OAvn 


337 


T.4,  §130]  THE  CODE  OF  CIVIL  PROCEDURE 

seduction,  and  may  recover  therein  such  damages,  pecuniary  or 
exemplary,  as  are  assessed  in  her  favor. 

Ckoss-Refekences 

Exemplary  damages,  see  title  3,  section  2641. 

Damages  for  seduction,  see  title  3,  section  2665. 

Trial  for  seduction  may  be  private,  see  section  22  of  this  title 

130.  Father,  etc.,  may  sue  for  seduction  of  daughter,  etc. — A 

father,  or,  .in  case  of  his  death  or  desertion  of  his  family,  the  mother, 
may  prosecute  as  plaintiff  for  the  seduction  of  the  daughter,  and  the 
guardian  for  the  seduction  of  the  ward,  though  the  daughter  or 
ward  be  not  living  with  or  in  the  service  of  the  plaintiff  at  the  time 
of  the  seduction  or  afterwards,  and  there  be  no  loss  of  service. 

Ckoss-Refekences 

Guardian  ad  litem,  see  sections  127  and  128  of  tliis  title. 
Action  may  be  private,  see  section  22  of  this  title. 

131.  Actions  for  wrongful  death. — 1.  Whenever  by  any  injury 
done  or  happening  within  the  Canal  Zone  the  death  of  a  person 
shall  be  caused  by  wrongful  act,  neglect,  or  default,  and  the  act, 
neglect,  or  default  is  such  as  would,  if  death  had  not  ensued,  have 
entitled  the  party  injured  (or,  in  the  case  of  a  married  woman,  have 
entitled  her  or  her  husband,  either  individually  or  jointly)  to  main- 
tain an  action  and  recover  damages  in  respect  thereof,  the  individual 
who  or  corporation,  company,  or  association  which  would  have  been 
liable  if  death  had  not  ensued  shall  be  liable  to  an  action  for  dam- 
ages notwithstanding  the  death  of  the  person  injured,  and  even 
though  the  death  shall  have  been  caused  under  such  circumstances 
as  amount  in  law  to  a  felony. 

2.  Every  action  under  this  section  shall  be  brought  by  and  in  the 
name  of  the  personal  representatives  and  within  one  jear  after  the 
death  of  such  deceased  person. 

3.  No  action  shall  be  maintained  under  this  section  if  the  person 
suffering  injury  and  death,  or  any  person  for  him,  has  recovered 
damages  on  account  of  such  injury. 

4.  In  an  action  under  this  section  the  court  or  jury  shall  award 
such  damages  as  it  shall  deem  to  be  a  fair  and  just  compensation 
assessed  with  reference  to  the  pecuniary  injury,  resulting  from  such 
death,  to  the  surviving  spouse  and  the  children  of  the  deceased,  and 
if  there  is  neither  a  surviving  spouse  nor  child,  then  to  the  parents  of 
the  deceased,  and  if  there  is  no  parent,  then  to  the  brothers  and  sisters 
and  other  blood  relatives  dependent  upon  the  deceased  for  support. 

5.  Damages  recovered  in  an  action  under  this  section  shall  be  for 
the  exclusive  benefit  of  the  surviving  spouse  and  other  persons  enu- 
merated in  subdivision  4,  and  shall  be  distributed  to  them,  in  the 
order  named  in  such  subdivision,  according  to  the  laws  in  force  in 
the  Canal  Zone  applicable  to  the  distribution  of  estates. 

6.  In  no  case  shall  recovery  under  this  section  exceed  the  sum  of 
$10,000. 

7.  This  section  shall  not  be  construed  as  authorizing  a  suit  against 
the  United  States  nor  as  modifying  or  repealing  any  other  law. 

338 


I 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  137 

(Dec.  29,  1926,  ch.  19,  sec.  7,  44  Stat.  927;  Feb.  27,  1933,  ch.  127, 
sec.  96,  47  Stat.  920.) 

Cross-Reference 

Death  on  high  seas  by  wrongful  act,  see  U.S.  Code,  title  46,  sections  761  to 
768  (appendix,  p.  95>6). 

132.  Who  may  be  joined  as  plaintiffs. — All  persons  having  an 

interest  in  the  subject  of  the  action,  and  in  obtaining  the  relief 
demanded,  may  be  joined  as  plaintiffs,  except  when  otherwise  pro- 
vided in  this  chapter. 

Cross-Refeeences 

Special  partners,  see  title  3,  section  1824. 
Other  parties,  bringing  in,  see  section  145  of  this  title. 
Misjoinder  and  nonjoinder  of  plaintiffs,  see  section  211  of  this  title. 
Necessary  parties,  see  section  138  of  this  title. 

133.  Who  may  be  joined  as  defendants. — Any  person  may  be 
made  a  defendant  who  has  or  claims  an  interest  in  the  controversy 
adverse  to  the  plaintiff,  or  who  is  a  necessary  party  to  a  complete 
determination  or  settlement  of  the  question  involved  therein.  And 
in  an  action  to  determine  the  title  or  right  of  possession  to  real  prop- 
erty which,  at  the  time  of  the  commencement  of  the  action,  is  in  the 
possession  of  a  tenant,  the  landlord  may  be  joined  as  a  party 
defendant. 

Ckoss-References 

Parties  to  foreclosure,  see  section  641  of  this  title. 

Associates  suing  by  common  name,  see  section  144  of  this  title. 

Executors,  unqualified,  need  not  be  joined,  see  section  1527  of  this  title. 

Fresh  parties,  bringing  in,  see  section  145  of  this  title. 

Service  on  one  defendant  out  of  several,  effect  of,  see  section  167  of  this  title. 

134.  Same. — All  persons  may  be  joined  as  defendants  against 
whom  the  right  to  any  relief  is  alleged  to  exist,  whether  jointly, 
severally,  or  in  the  alternative;  and  judgments  may  be  given  against 
such  one  or  more  of  the  defendants  as  may  be  found  to  be  liable, 
according  to  their  respective  liabilities. 

135.  Order  preventing  embarrassment. — It  shall  not  be  neces- 
sary that  each  defendant  shall  be  interested  as  to  all  relief  prayed 
for,  or  as  to  every  cause  of  action  included  in  any  proceeding  against 
him;  but  the  court  may  make  such  order  as  may  appear  just  to 
prevent  any  defendant  from  being  embarrassed  or  put  to  expense  by 
being  required  to  attend  any  proceedings  in  which  he  may  have  no 
interest. 

136.  Doubt  as  to  defendant  liable. — Where  the  plaintiff  is  in 
doubt  as  to  the  person  from  whom  he  is  entitled  to  redress,  he  may 
join  two  or  more  defendants,  with  the  intent  that  the  question  as  to 
which,  if  any,  of  the  defendants  is  liable,  and  to  what  extent,  may 

1  be  determined  between  the  parties. 

^  137.  Parties  defendant  in  an  action  to  determine  conflicting 
claims  to  real  property. — In  an  action  brought  by  a  person  out  of 
possession  of  real  property,  to  determine  an  adverse  claim  of  an 
interest  or  estate  therein,  the  person  making  such  adverse  claim  and 

339 


T.4,  §138]  THE  CODE  OF  CIVIL  PROCEDURE 

persons  in  possession  may  be  joined  as  defendants,  and  if  the  judg- 
ment be  for  the  j)Iaintiff,  lie  may  have  a  writ  for  the  possession  of  the 
premises,  as  against  the  defendants  in  the  action,  against  whom  the 
judgment  has  passed. 

Ckoss-Refetuences 

Actions  to  quiet  title,  see  section  661  of  this  title. 
Writ  of  possession,  see  section  583  of  this  title. 
Fresh  parties,  bringing  in,  see  section  145  of  this  title. 
Nonjoinder  or  misjoinder  of  parties,  see  section  211  of  this  title. 

138.  Parties  in  interest,  when  to  be  joined;  when  one  or  more 
may  sue  or  defend  for  the  whole. — Of  the  parties  to  the  action, 
those  who  are  united  in  interest  must  be  joined  as  phiintiffs  or  defend- 
ants; but  if  the  consent  of  any  one  who  should  have  been  joined  as 
plaintiif  cannot  be  obtained,  he  may  be  made  a  defendant,  the  reason 
thereof  being  stated  in  the  complaint;  and  when  the  question  is  one 
of  a  common  or  general  interest,  of  man}"-  persons,  or  when  the  parties 
are  numerous,  and  it  is  impracticable  to  bring  them  all  before  the 
court,  one  or  more  may  sue  or  defend  for  the  benefit  of  all. 

Ceoss-Refeeences 

Joinder,  misjoinder,  nonjoinder,  see  section  211  of  this  title. 

Executors,  etc.,  not  qualified,  need  not  be  joined,  see  section  1527  of  this  title. 

139.  Plaintiff  may  sue  in  one  action  the  different  parties  to  com- 
mercial paper  or  insurance  policies. — Persons  severally  liable  upon 
the  same  obligation  or  instrument,  including  the  parties  to  bills  of 
exchange  and  promissory  notes,  and  sureties  on  the  same  or  separate 
instruments,  may  all  or  any  of  them  be  included  in  the  same  action, 
at  the  option  of  the  plaintiff;  and  all  or  any  of  them  join  as  plaintiffs 
in  the  same  action,  concerning  or  affecting  the  obligation  or  instru- 
ment upon  which  they  are  severally  liable.  Where  the  same  person 
is  insured  by  two  or  more  insurers  separately  in  respect  to  the  same 
subject  and  interest,  such  person,  or  the  payee  under  the  policies,  or 
the  assignee  of  the  cause  of  action,  or  other  successor  in  interest  of 
such  assured  or  payee,  may  join  all  or  any  of  such  insurers  in  a  single 
action  for  the  recovery  of  a  loss  under  the  several  policies,  and  in 
case  of  judgment  a  several  judgment  must  be  rendered  against  each 
of  such  insurers  according  as  his  liability  shall  appear. 

Cross-Refejjencei 

Judgment  for  or  against  one  or  more  of  several  parties,  see  sections  167,  412, 
and  413  of  this  title. 

140.  Tenants  in  common,  etc.,  may  sever  in  bringing  or  defend- 
ing actions. — All  persons  holding  as  tenants  in  common,  joint  ten- 
ants, or  coparceners,  or  any  number  loss  than  all,  may  jointly  oi" 
severally  commence  or  defend  any  civil  action  or  proceeding  for  the 
enforcement  or  protection  of  the  rights  of  such  party. 

141.  Action,  when  not  to  abate  by  death,  marriage,  or  other  dis- 
ability; proceedings  in  such  case. — An  action  or  proceeding  does 
not  abate  by  the  death,  or  any  disability  of  a  party,  or  by  the  transfer 
of  any  interest  therein,  if  the  cause  of  action  survive  or  continue.     In 

840 


III 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  143 

case  of  the  death  or  any  disability  of  a  party,  the  court,  on  motion, 
may  allow  the  action  or  proceeding  to  be  continued  by  or  against  his 
representative  or  successor  in  interest.  In  case  of  any  other  transfer 
of  interest,  the  action  or  proceeding  may  be  continued  in  the  name 
of  the  original  party,  or  the  court  may  allow  the  person  to  whom  the 
transfer  is  made  to  be  substituted  in  the  action  or  proceeding. 

Cross-References 

Form  of  judgment  against  representative  if  party  dies,  see  section  1485  of 
this  title. 

Necessity  of  claiming  against  estate  of  deceased,  see  sections  1475  and  1483 
of  this  title. 

Death  after  verdict  or  decision,  and  befoi'e  judgment,  see  section  54G  of  this 
title. 

Survival  of  actions,  see  sections  1522  et  seq.,  of  this  title. 

Survival  of  action  by  or  against  officer  of  Canal  Zone,  see  U.S.  Code,  title  28, 
section  780'  (appendix,  p.  984). 

142.  Another  person  may  be  substituted  for  the  defendant; 
conflicting  claims,  how  made. — A  defendant,  against  whom  an  action 
is  pending  upon  a  contract,  or  for  specific  personal  property,  may, 
at  any  time  before  answer,  upon  affidavit  that  a  person  not  a  party  to 
the  action  makes  against  him,  and  without  any  collusion  with  him, 
a  demand  upon  such  contract,  or  for  such  property,  upon  notice  to 
such  person  and  the  adverse  party,  apply  to  the  court  for  an  order 
to  substitute  such  person  in  his  place,  and  discharge  him  from 
liability  to  either  party,  on  his  depositing  in  court  the  amount 
claimed  on  the  contract,  or  delivering  the  property  or  its  value  to 
such  person  as  the  court  may  direct;  and  the  court  may,  in  its  dis- 
cretion, make  the  order.  And  whenever  conflicting  claims  are  or 
may  be  made  upon  a  person  for  or  relating  to  personal  property,  or 
the  performance  of  an  obligation,  or  any  portion  thereof,  such  person 
may  bring  an  action  against  the  conflicting  claimants  to  compel 
them  to  interplead  and  litigate  their  several  claims  among  themselves. 
The  order  of  substitution  may  be  made  and  the  action  of  interpleader 
may  be  maintained,  and  the  applicant  or  plaintiff  be  discharged  from 
liability  to  all  or  any  of  the  conflicting  claimants,  although  their 
titles  or  claims  have  not  a  common  origin,  or  are  not  identical, 
but  are  adverse  to  and  independent  of  one  another. 

143.  Intervention,  when  it  takes  place,  and  how  made. — At  any 

time  before  trial,  any  person,  who  has  an  interest  in  the  matter  in 
litigation,  or  in  the  success  of  either  of  the  parties,  or  an  interest 
against  both,  may  intervene  in  the  action  or  proceeding.  An  inter- 
vention takes  place  when  a  third  person  is  permitted  to  become  a 
party  to  an  action  or  proceeding  between  other  persons,  either  by 
joining  the  plaintiff  in  claiming  what  is  sought  by  the  complaint,  or 
by  uniting  with  the  defendant  in  resisting  the  claims  of  the  plaintiff, 
or  by  demanding  anything  adversely  to  both  the  plaintiff  and  the 
defendant,  and  is  made  by  complaint,  setting  forth  the  grounds  upon 
which  the  intervention  rests,  filed  by  leave  of  the  court  and  served 
upon  the  parties  to  the  action  or  proceeding  who  have  not  appeared, 
and  upon  the  attorneys  of  the  parties  who  have  appeared,  who  may 
answer  or  demur  to  it  within  ten  days  from  the  service  thereof,  if 

341 


T.4,  §144]  THE  CODE  OF  CIVIL  PROCEDURE 

served  within  the  Canal  Zone,  or  within  forty  days  if  served 
elsewhere. 

144.  Associates  may  be  sued  by  name  of  association. — Wlien 

two  or  more  persons,  associated  in  any  business,  transact  such  busi- 
ness under  a  common  name,  whether  it  comprises  the  names  of  such 
persons  or  not,  the  associates  may  be  sued  by  such  common  name, 
the  summons  in  such  cases  being  served  on  one  or  more  of  the 
associates;  and  the  judgment  in  the  action  shall  bind  the  joint  prop- 
erty of  all  the  associates,  and  the  individual  property  of  the  party 
or  parties  served  with  process,  in  the  same  manner  as  if  all  had  been 
named  defendants  and  had  been  sued  upon  their  joint  liability. 

Ckoss-Refeeences 

Service  on  association,  see  section  166  of  this  title. 

Judgment  for  or  against  one  or  more  of  several  defendants,  see  sections  412 
and  413  of  this  title. 

145.  Court,  when  to  decide  controversy  or  to  order  other  par- 
ties to  be  brought  in. — The  court  may  determine  any  controversy 
between  parties  before  it,  when  it  can  be  done  without  prejudice  to 
the  rights  of  others,  or  by  saving  their  rights ;  but  when  a  complete 
determination  of  the  controversy  cannot  be  had  without  the  presence 
of  other  parties,  the  court  must  then  order  them  to  be  brought  in, 
and  to  that  end  may  order  amended  and  supplemental  pleadings,  or 
a  cross-complaint  to  be  filed,  and  summons  thereon  to  be  issued  and 
served.  And  when,  in  an  action  for  the  recovery  of  real  or  personal 
propertj^,  or  to  determine  conflicting  claims  thereto,  a  person,  not  a 
party  to  the  action,  but  having  an  interest  in  the  subject  thereof, 
makes  application  to  the  court  to  be  made  a  party,  it  may  order  him 
to  be  brought  in,  by  the  proper  amendment. 

Ceoss-Refeeence 

Adding  or  striking  out  name  of  party,  see  section  275  of  this  title. 

CHAPTER  7.— PLACE  OF  TRIAL  OF  CIVIL  ACTIONS 


Sec. 

151.  Place  of  trial  of  civil  actions  in  gen- 
eral. 


Sec. 

152.  Actions  for  divorce. 

153.  Change  of  venue. 


Section  151.  Place  of  trial  of  civil  actions  in  general. — All  actions 

not  hereinafter  otherwise  provided  for  may  he  brought  in  the  division 
or  subdivision  where  the  defendant  or  necessary  party  defendant 
may  reside  or  be  found,  or  in  the  division  or  subdivision  where  the 
plaintiff  or  one  of  the  plaintiffs  resides,  at  the  election  of  the  plaintiff, 
except  in  cases  where  other  special  provision  is  made  in  this  title. 
In  case  neither  the  plaintiff  nor  the  defendant  resides  witliin  the 
Canal  Zone,  and  the  action  is  brouglit  to  seize  or  obtain  title  to  prop- 
erty of  the  defendant  within  the  Canal  Zone,  the  action  shall  be 
brouglit  in  tlie  division  or  subdivision  where  the  property  which  the 
plaintilf  seeks  to  seize  or  obtain  title  to  is  situated  or  is  found. 

Actions  against  executors,  administrators,  and  guardians  touching 
the  performance  of  their  official  duties,  and  actions  for  account  and 
settlement  by  them,  and  actions  for  the  distribution  of  the  estates  of 

342 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  153 

deceased  persons  among  the  heirs  and  distributees,  and  actions  for 
the  payment  of  legacies,  shall  be  brought  in  the  division  in  which 
the  will  was  admitted  to  probate,  or  letters  of  administration  were 
granted,  or  the  guardian  was  appointed. 

Actions  to  obtain  possession  of  real  property,  or  to  recover  dam- 
ages for  injuries  to  real  property,  or  to  establish  any  interest  or  right 
in  or  to  real  property,  shall  be  brought  in  the  division  where  such 
property,  or  some  part  thereof,  is  situated. 

And  in  all  cases  process  may  issue  from  the  division  of  the  district 
court  in  wdiich  an  action  or  special  proceeding  is  pending,  to  be  in 
force  in  either  division,  to  bring  in  defendants  and  to  enforce  all 
orders  and  decrees  of  the  court. 

The  failure  of  the  defendant  to  object  to  the  venue  of  the  action 
at  the  time  of  entering  his  appearance  in  the  action  shall  be  deemed 
a  waiver  on  his  part  of  all  objections  thereto,  except  in  the  case  of 
actions  against  executors,  administrators,  and  guardians,  and  for  the 
distribution  of  estates  and  payment  of  legacies. 

152.  Actions  for  divorce. — Complaints  for  divorce  shall  be  filed 
in  the  division  of  the  district  court  in  which  the  piaintifE  resides. 
(Sept.  21,  1922,  ch.  370,  sec.  13,  42  Stat.  1008;  Feb.  27,  1933,  ch.  127. 
sec.  112,  47  Stat.  924.) 

Cboss-Refekenc& 

Residence  defined,  see  title  3,  section  108. 

153.  Change  of  venue. — The  district  judge  may  order  a  change 

of  venue  in  any  civil  case  or  special  proceeding  from  one  division 
of  said  court  to  the  other,  whenever  in  his  opinion,  in  the  interest  of 
justice,  such  action  becomes  necessary.  Such  change  of  venue  may 
be  ordered  upon  the  motion  of  the  judge,  on  the  application  of  either 
party  or  by  consent  of  parties. 

Whenever  a  change  of  venue  has  been  ordered  by  the  court,  the 
clerk  shall  immediately  make  out  a  true  transcript  of  all  the  orders 
made  in  said  cause,  and  certify  thereto  under  his  official  seal,  and 
transmit  the  same  with  the  original  papers  in  the  case  to  the  other 
division  of  the  district,  and  the  case  shall  be  tried  therein  as  if  it 
had  been  instituted  there  originally. 

CHAPTER  8.— MANNER  OF  COMMENCING  CIVIL  ACTIONS 

Art.                                                                 Sec.  i    Art.  Sec. 

1.  In  general 161  |   2.  Process  in  divorce  actions 181 

Ceoss-Refeeence 

Process  maj'^  issue  from  one  division  of  tlie  district  court  to  be  in  force  in  the 
other,  see  section  151  of  this  title. 


343 


T.  4,  §  161] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  1.— IN  GENERAL 


Sec. 

161.  Actions,  how  commenced. 

162.  Complaint,   how   indorsed ;   when   sum- 

mons    may     be     issued,     and     how 
waived. 

163.  Summons,    how    issued,    directed,    and 

what  to  contain,  in  general. 

164.  Alias  summons. 

165.  Summons,    how    served   and    returned, 

in  general. 


Sec. 

166.  Service   of   summons,   in   general. 

167.  Proceedings    where    there    are    several 

defendants,  and  part  only  are  served. 

168.  Cases    in    which    service    of    summons 

may  be  by  publication,  in  general. 

169.  Manner  of  publication  in  general. 

170.  Proof  of  service,  how  made,  in  general. 

171.  When     jurisdiction     of     action    is 

acquired. 


Section  161.  Actions,  how  commenced. — Civil  actions  in  the  dis- 
trict court  are  commenced  by  filing  a  complaint. 

Cross-Referencb 
Action  is  coD:imence(i  when  complaint  filed,  see  section   101  of  this  title. 

162.  Complaint,  how  indorsed;  when  summons  may  be  issued, 
and  how  waived. — The  clerk  must  indorse  on  the  complaint  the  day, 
month,  and  year  that  it  is  filed,  and  at  any  time  within  one  year 
thereafter,  the  plaintiff  may  have  a  summons  issued,  and  if  the  action 
be  brought  against  two  or  more  defendants,  who  reside  in  different 
divisions,  may  have  a  summons  issued  for  oach  of  such  divisions 
at  the  same  time.  But  at  any  time  within  the  year  after  the  com- 
plaint is  filed,  the  defendant  may,  in  writing,  or  by  appearing  and 
answering  or  demurring,  waive  the  issuing  of  summons;  or,  if  the 
action  be  brought  upon  a  joint  contract  of  two  or  more  defendants, 
and  one  of  them  has  appeared  within  the  year,  the  other  or  others 
may  be  served  or  appear  after  the  year  at  any  time  before  trial. 

Ceoss-Refekences 

Admission  of  sei"vice  by  defendant,  see  section  170  of  this  title. 

Alias  summons,  see  section  164  of  this  title. 

Appearance,  see  sections  171  and  945  of  this  title. 

Time  for  issuance  of  summons,  see  section  416  of  this  title. 

163.  Summons,  how  issued,  directed,  and  what  to  contain,  in 
general. — The  summons  must  be  directed  to  the  defendant,  signed 
by  the  clerk,  and  issued  under  the  seal  of  the  court,  and  must  contain  : 

1.  The  names  of  the  parties  to  the  action,  the  court  in  which  it  is 
brought,  and  the  division  in  which  the  complaint  is  filed; 

2.  A  direction  that  the  defendant  appear  and  answer  the  com- 
plaint within  ten  days,  if  the  summons  is  served  within  the  Canal 
Zone;  within  forty  clays,  if  served  outside  of  the  Canal  Zone; 

3.  A  notice  that,  unless  the  defendant  so  appears  and  answers,  the 
plaintiff  will  take  judgment  for  any  money  or  damages  demanded  in 
the  complaint  as  arising  upon  contract,  or  will  apply  to  the  court  for 
any  other  relief  demanded  in  the  complaint. 

Ceos  s  -R  eferen  ces 

Joint  debtor,  summoning  after  judgment,  see  sections  901  and  902  of  this  title. 
Summons  in  forcible  entry  and  detainer  proceedings,  see  section  1148  of  this 
title. 
Time  for  issuance  of,  see  section  41 G  of  this  title. 

164.  Alias  summons. — If  the  summons  is  returned  without  being 
served  on  any  or  all  of  the  defendants,  or  if  it  has  been  lost,  the  clerk, 
upon  the  demand  of  the  plaintiff,  may  issue  an  alias  summons  in  the 


344 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  166 

same  form  as  the  original,  and  within  such  time  as  the  original  might 
have  been  served  if  it  had  not  been  lost  or  returned. 

Ceoss-Refekbnces 

Alias  summons  in  magistrate's  court,  see  sections  698  and  G99  of  this  title. 
New  summons  in  action  for  forcible  entry  and  detainer,  see  section  1148  of 
this  title. 

165.  Summons,  how  served  and  returned,  in  general. — The  sum- 
mons may  be  served  by  the  marshal,  or  by  any  other  person  over 
the  age  of  eighteen,  not  a  party  to  the  action.  A  copy  of  the  com- 
plaint must  be  served,  with  the  summons,  upon  each  of  the  defend- 
ants. When  the  summons  is  served  by  the  marshal,  it  must  be  re- 
turned, with  his  certificate  of  its  service  and  of  the  service  of  any  copy 
of  the  complaint,  where  such  copy  is  served,  to  the  office  of  the  clerk 
from  which  it  issued.  When  it  is  served  by  any  other  person,  it  must 
be  returned  to  the  same  place,  with  an  affidavit  of  such  person  of  its 
service,  and  of  the  service  of  a  copy  of  the  complaint,  where  such 
copy  is  served. 

Cross-Retekences 

Divorce  actions,  service  by  publication,  see  section  182  of  this  title. 
Time  for  service  and  return  of,  see  section  416  of  this  title. 
Return  of  summons  in  proceedings  in  forcible  entry  and  detainer,  see  section 
1148  of  this  title. 

166.  Service  of  summons,  in  general. — The  summons  must  be 
served  by  delivering  a  copy  thereof  as  follows : 

1.  If  suit  is  against  a  foreign  corporation,  or  a  nonresident  joint 
stock  company  or  association  doing  business  within  the  Canal  Zone : 
To  a  managing  or  business  agent,  cashier  or  secretary,  if  such  there 
be  within  the  Canal  Zone;  or  to  any  agent  authorized  to  accept 
service  for  it. 

2.  If  against  a  minor,  under  the  age  of  fourteen  years,  residing 
within  the  Canal  Zone:  To  such  minor,  personally,  and  also  to  his 
father,  mother,  or  guardian;  or  if  there  be  none  within  the  Canal 
Zone,  then  to  any  person  having  the  care  or  control  of  such  minor, 
or  with  whom  he  resides,  or  in  whose  service  he  is  employed. 

3.  If  against  a  person  residing  within  the  Canal  Zone  who  has 
been  judicially  declared  to  be  of  unsound  mind,  or  incapable  of 
conducting  his  own  affairs,  and  for  whom  a  guardian  has  been 
appointed :  To  such  person,  and  also  to  his  guardian. 

4.  In  all  cases  where  a  corporation  has  forfeited  its  right  to  do 
business  in  the  Canal  Zone,  by  delivering  a  copy  thereof  to  one  of 
the  persons  who  have  become  the  trustees  of  the  corporation  and  of 
its  stockholders  or  members. 

5.  In  all  other  cases  to  the  defendant  personally. 

CeOSS-ReFEEEN  CBS 

Service  on  guardian  of  infant  or  incompetent,  see  section  1694  of  this  title. 

Service  by  publication  on  nonresidents,  see  section  168  of  this  title. 

Proof  of  service,  see  section  170  of  this  title. 

Service  may  be  proved  by  affidavit,  see  section  2071  of  this  title. 

Association,  service  may  be  on  one  of  members  of,  see  section  144  of  this 
title. 

Return  of  summons,  see  section  416  of  this  title. 

Service  of  process  on  foreign  corporation  doing  business  in  Canal  Zone,  see 
also  title  3,  section  221. 

93083—34 23  345 


T.4,  §167]  THE  CODE  OF  CIVIL  PROCEDURE 

167.  Proceedings  where  there  are  several  defendants,  and  part 
only  are  served. — When  the  action  is  against  two  or  more  defend- 
ants jointly  or  severally  liable  on  a  contract,  and  the  summons  is 
served  on  one  or  more,  but  not  on  all  of  them,  the  plaintiff  may 
proceed  against  the  defendants  served  in  the  same  manner  as  if  they 
were  the  only  defendants. 

Cross-Refekences 

Joining  persons  severally  liable  upon  instruments,  see  section  139  of  this  title. 

Joint  debtors,  proceedings  against,  after  judgment  against  same,  see  sections 
901  et  seq.,  of  this  title. 

Judgment  against  some  defendants,  proceedings  continuing  against  others,  see 
section  413  of  this  title. 

168.  Cases  in  which  service  of  summons  may  be  by  publication, 
in  general. — Where  the  person  on  whom  service  is  to  be  made  re- 
sides out  of  the  Canal  Zone ;  or  has  departed  from  the  Zone ;  or 
cannot,  after  due  diligence,  be  found  within  the  Zone;  or  conceals 
himself  to  avoid  the  service  of  summons ;  or  is  a  corporation  having 
no  officer  or  other  person  upon  whom  summons  may  be  served,  who, 
after  due  diligence,  can  be  found  within  the  Zone,  and  the  fact 
ajDpears  by  affidavit  to  the  satisfaction  of  the  court,  or  the  judge 
thereof;  and  it  also  appears  by  such  affidavit,  or  by  the  verified 
complaint  on  file,  that  a  cause  of  action  exists  against  the  defendant 
in  respect  to  whom  the  service  is  to  be  made,  or  that  he  is  a  necessary 
or  proper  party  to  the  action ;  or  when  it  appears  by  such  affidavit, 
or  by  the  complaint  on  file,  that  it  is  an  action  which  relates  to  or 
the  subject  of  which  is  real  or  personal  property  in  the  Zone,  in  which 
such  person  defendant  or  corporation  defendant  has  or  claims  a 
lien  or  interest,  actual  or  contingent,  therein,  or  in  which  the  relief 
demanded  consists  wholly  or  in  part  in  excluding  such  person  or 
corporation  from  any  interest  therein,  such  court  or  judge  may  make 
an  order  that  the  service  be  made  by  the  publication  of  the  summons. 

CrOS  S-ReFEREW  OES 

Publication  of  citation  to  attorney  in  disbarment  proceeding,  see  section  56 
of  this  title. 

I*roof  of  service  by  publication,  see  section  170  of  this  title. 

Service  of  summons  in  magistrate's  court  by  publication,  see  section  701  of 
this  title. 

Divorce  actions,  service  by  publication,  see  section  182  of  this  title. 

169.  Manner  of  publication  in  general. — The  order  must  direct 
the  publication  to  be  made  in  such  newspaper  or  newspapers,  to 
be  designated  by  the  judge,  as  is,  or  are  most  likely  to  give  notice 
to  the  person  to  be  served,  and  for  such  length  of  time  as  may  be 
deemed  reasonable,  at  least  once  a  WTck  for  three  consecutive  weeks; 
but  the  last  i^ublication  against  a  defendant  residing  out  of  the 
Canal  Zone,  or  absent  therefrom,  must  not  be  loss  tlian  forty  days 
before  the  day  on  which  the  defendant  is  required  to  appear.  In  case 
of  publication,  where  the  residence  of  a  nonresident  or  absent  de- 
fendant is  known,  the  judge  must  direct  a  copy  of  the  summons  and 
complaint  to  be  forthwith  deposited  by  the  clerk  in  the  post  office, 
directed  to  the  person  to  be  served,  at  his  place  of  residence.  If  the 
residence  of  the  defendant  is  unknown,  then  to  his  last  known  place 
of  residence  with  the  i-equest  to  forward  if  not  called  for  in  five  days. 

346 


THE  CODE  OF  CIV  IT,  PROCEDURE  [T.  4,  §  171 

In  any  case  where  service  by  publication  may  be  ordered,  the  court 
or  judge,  upon  application  of  the  plaintiff,  shall  authorize  personal 
service  upon  the  defendant  outside  of  the  Canal  Zone.  Such  service 
shall  be  made  by  delivering  to  the  defendant  in  person  a  true  copy 
of  the  summons  and  the  complaint,  and  may  be  made  by  any  person 
not  a  party  to  or  otherwise  interested  in  the  subject  matter  in  con- 
troversy. Such  service  shall  have  only  the  effect  of  service  of  sum- 
mons by  publication.  Return  on  such  service  shall  be  made  under 
oath,  with  a  notation  of  the  time  and  place  of  service. 

170.  Proof  service,  how  made,  in  general. — Proof  of  the  service 
of  summons  and  complaint  must  be  as  follows: 

1.  If  served  by  the  marshal  or  deputy,  his  certificate  thereof ; 

2.  If  by  any  other  person,  his  affidavit  thereof; 

3.  In  case  of  publication,  the  certificate  of  the  clerk  of  the  court 
to  which  a  copy  of  the  publication  shall  be  attached ;  and  a  certificate 
of  the  clerk  showing  the  deposit  of  a  copy  of  the  summons  in  the 
post  office,  if  the  same  has  been  deposited ;  or 

4.  The  written  admission  of  the  defendant. 

In  case  of  service  otherwise  than  by  publication,  the  certificate 
or  affidavit  must  state  the  time  and  place  of  service. 

Cross- References 

Proof  of  service  by  affidavit,  see  sections  165  and  2071  of  this  title. 
Proof  of  service  part  of  judgTaent-roll,  see  section  547  of  this  title. 
Proof  of  service  in  divorce  actions,  see  section  182  of  this  title. 

171.  When  jurisdiction  of  action  is  acquired. — From  the  time  of 
the  service  of  the  summons  and  of  a  copy  of  the  complaint  in  a  civil 
action,  where  service  of  a  copy  of  the  complaint  is  required,  or  of 
the  completion  of  the  publication  when  service  by  publication  is 
ordered,  the  court  is  deemed  to  have  acquired  jurisdiction  of  the 
parties,  and  to  have  control  of  all  the  subsequent  proceedings.  In 
all  cases  where  a  corporation  has  forfeited  its  right  to  do  business 
in  the  Canal  Zone,  the  persons  who  become  the  trustees  of  the  cor- 
poration and  of  its  stockholders  or  members  may  be  sued  in  the 
corporate  name  of  such  corporation  in  like  manner  as  if  no  forfeiture 
had  occurred  and  from  the  time  of  service  of  the  summons  and  of  a 
copy  of  the  complaint  in  a  civil  action,  upon  one  of  said  trustees,  or 
of  the  completion  of  the  publication  when  service  by  publication  is 
ordered,  the  court  is  deemed  to  have  acquired  jurisdiction  of  all  said 
trustees,  and  to  have  control  of  all  the  subsequent  proceedings.  The 
voluntary  appearance  of  a  defendant  is  equivalent  to  personal  service 
of  the  summons  and  copy  of  the  complaint  upon  him. 

Cross-Refekbnces 

Answer  or  demurrer  is  an  appearance,  see  section  945  of  this  title. 

Appearance  equivalent  to  uutice  on  probate  of  will,  see  section  1219  of  this 
title. 

Appearance  in  magistrate's  court,  see  section  681  of  this  title. 

Appearance  by  joint  defendant,  see  section  162  of  tliis  title. 

Appearance  of  attorney  in  disbarment  proceedings,  see  section  57  of  this  title. 

Effect  of  appearance  where  summons  not  issued  or  served,  see  section  416  of 
this  title. 

Infants  or  insane  persons,  appearance  by  guardian,  see  section  1694  of  this 
title. 

Appearance,  written  notice  of,  see  section  945  of  this  title. 

347 


T.  4,  §181]  THE  CODE  OF  CIVIL  PROCEDURE 

ARTICLE  2.— PROCESS  IN  DIVORCE  ACTIONS 

Sec.  Sec. 

181.  Process  In  divorce  actions  in  general.      183.  Time   for    appearance    and    answer   in 

182.  Sarae ;    process    and    service,    personal  suits  for  divorce. 

and  by  publication. 

181.  Process  in  divorce  actions  in  general. — The  process  and 
practice  in  proceedings  for  divorce  shall  be  the  same  as  in  other 
cases  in  equity  except  as  otherAvise  provided  in  sections  152,  182,  183, 
228,  and  2155  of  this  title,  and  in  sections  71  to  128  of  title  3.  (Sept. 
21,  1922,  ch.  370,  sec.  16,  42  Stat.  1010;  Dec.  29,  1926,  ch.  19,  sec.  4,  44 
Stat.  926;  Feb.  27,  1933,  ch.  127,  sec.  125,  47  Stat.  927.) 

»  Cross-Refeeences 

Law  and  equity  need  not  be  separately  exercised,  see  titio  7,  section  24. 
One  form  of  civil  action  only,  see  section  71  of  this  title. 

182.  Same;  process  and  sei*vice,  personal  and  by  publication. — 

(a)  Upon  the  filing  of  a  complaint  for  divorce  and  the  affidavit  re- 
quired by  subdivision  (b)  of  section  108  of  title  3,  the  clerk  of  the 
district  court  shall  issue  a  summons  requiring  the  defendant  to  ap- 
pear and  answer.  If  the  defendant  can  be  found  in  the  Canal  Zone, 
such  summons  shall  be  served  by  delivering  to  the  defendant  in 
person  a  true  copy  thereof  and  a  copy  of  the  complaint  for  divorce. 
If  the  defendant  cannot  be  found  in  the  Canal  Zone,  the  summons 
shall  be  returned  to  such  clerk  with  an  indorsement  thereon  showing 
such  fact. 

(b)  Upon  application  of  the  plaintiff,  accompanied  by  the  affidavit 
required  by  subdivision  (c),  if  the  summons  has  not  been  served  as 
provided  in  subdivision  (a),  the  court,  or  the  judge  thereof,  shall 
enter  an  order  directing  service  of  a  summons  by  publication  if  it 
appears  to  the  satisfaction  of  such  court  or  judge — 

(1)  That  the  defendant  cannot  be  found  in  the  Canal  Zone;  and 

(2)  That  a  proper  cause  for  divorce  is  alleged  in  favor  of  the 
plaintiff;  and 

(3)  Either  (A)  that  the  husband  and  wife  have  resided  together 
in  the  Canal  Zone  and  that  the  defendant  has  gone  out  of  the  Canal 
Zone  and  willfull}'^  refuses  to  return,  so  that  process  cannot  be  per- 
sonally served  upon  such  defendant;  or  (B)  that  the  marriage  was 
celebrated  in  the  Canal  Zone  and  that  the  defendant  has  abandoned 
the  plaintiff  and  gone  out  of  the  Canal  Zone  in  disregard  of  his  or 
her  marital  obligations. 

(c)  The  plaintiff'  shall  file,  with  the  application  for  an  order 
directing  service  of  summons  by  publication,  an  affidavit  stating  the 
present  address  of  the  defendant,  except  that  if  such  address  is  not 
known  to  the  plaintiff  such  affidavit  shall  state  the  last  known  address 
of  the  defendant,  and  that,  after  the  exercise  of  due  diligence,  the 
plaintiff  has  been  vmable  to  ascertain  such  present  address.  Such 
affidavit  shall  contain  such  other  information  as  the  court,  or  the 
judge  thereof,  may  require. 

(d)  Upon  entry  of  an  order  directing  service  of  a  summons  by 
jDublication  the  clerk  of  the  court  shall  cause  such  summons  to  be 
published  at  least  once  each  week  for  three  successive  weeks  in  the 
newspaper  designated  in  such  order.  The  court,  or  the  judge 
thereof,  shall  designate  a  newspaper  printed  and  published  in  the 

348 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  183 

Canal  Zone  and  of  general  circulation  therein,  or  a  newspaper 
printed  in  English  or  having  an  English  section  or  edition  and 
p.ublished  in  the  Kepublic  of  Panama  and  having  a  general  circula- 
tion in  the  Canal  Zone,  which,  in  the  opinion  of  the  court  or  judge, 
will  be  most  likely  to  give  notice  to  the  defendant.  The  clerk  of 
the  court  shall  mail  a  copy  of  the  summons  and  a  copy  of  the  com- 
plaint, not  later  than  ten  days  after  the  first  publication  of  the 
summons,  addressed  to  the  defendant  at  his  or  her  last  known  place 
of  residence.  The  court  is  authorized  to  adopt  rules  prescribing 
the  form  of  such  summons. 

(e)  The  clerk  of  the  court,  after  the  last  publication  of  a  sum- 
mons, shall  make  certificate  that  the  summons  has  been  published 
and  that  a  copy  of  the  summons  and  complaint  has  been  mailed  as 
required  in  subdivision  (d),  and  a  copy  of  such  summons  as  pub- 
lished shall  be  attached  to  such  certificate.  Such  certificate  and 
copy  shall  be  evidence  of  such  publication  and  mailing. 

(f )  In  any  case  where  service  by  publication  may  be  ordered  the 
court,  or  the  judge  thereof,  upon  application  of  the  plaintiff,  shall 
authorize  personal  service  upon  the  defendant  outside  the  Canal 
Zone.  Such  service  shall  be  made  by  delivering  to  the  defendant  in 
person  a  true  copy  of  the  summons  and  a  copy  of  the  complaint  for 
divorce,  and  may  be  made  by  any  person  not  a  party  to  or  otherwise 
interested  in  the  subject  matter  in  controversy.  Such  service  shall 
have  only  the  effect  of  service  of  summons  by  publication.  Return 
of  such  summons  shall  be  made  with  a  notation  of  the  time  and  place 
of  service  and  the  fact  that  the  defendant  served  is  a  nonresident  of 
the  Canal  Zone.  Such  return  shall  be  made  under  oath.  The  cost 
of  making  such  service  shall  be  borne  by  the  party  at  whose  instance 
the  same  was  made,  except  that  if  made  by  any  ofiicer  authorized  to 
serve  process,  the  actual  cost  of  such  service  shall  be  included  as  a 
part  of  the  costs  of  tlie  case. 

(g)  All  the  facts  relating  to  the  service  of  summons,  whether 
made  personally  or  by  publication,  must  be  established  to  the  satis- 
faction of  the  court,  or  the  judge  thereof,  before  any  decree  is 
entered  pursuant  to  a  complaint  for  divorce.  (Sept.  21,  1922,  ch.  370, 
sec.  15,  42  Stat.  1009;  Dec.  29,  1926,  ch.  19,  sec.  3,  M  Stat.  924;  Feb. 
27,  1933,  ch.  127,  sec  126,  47  Stat.  927.) 

Ceoss-References 

Additional  notice  to  defendant  may  be  ordered  in  case  of  default,  see  title 
3,  section  114. 

No  judgment  for  alimony  unless  defendant  is  personally  served  or  appears, 
see  title  3,  section  120. 

Residence  defined,  see  title  3,  section  108. 

183.  Time  for  appearance  and  answer  in  suits  for  divorce. — In 

no  divorce  proceedings  shall  the  cause  stand  for  trial  before  the 
expiration  of  the  time  allowed  for  the  defendant  to  appear  and 
answer.  A  summons  issued  or  published  under  the  next  preceding 
section  shall  require  the  defendant  to  appear  and  answer — 

(1)  Within  ten  days  after  personal  service  thereof  if  such  serv- 
ice is  had  in  the  Canal  Zone; 

(2)  Within  thirty  days  after  personal  service  thereof  if  such 
service  is  had  in  the  Republic  of  Panama ; 

349 


T.  4,  §  191] 


THE  CODE  OF  CIVIL  PROCEDURE 


(3)  Within  ninety  days  after  personal  service  if  such  service  is 
had  outside  of  the  Canal  Zone  and  the  Republic  of  Panama; 

(4)  Within  thirty  days  after  the  first  publication  of  summons  if 
the  defendant  resides  in  the  Canal  Zone  or  the  Republic  of  Panama ; 
and 

(5)  Within  ninety  days  after  the  first  publication  of  summons  if 
the  defendant  resides  outside  the  Canal  Zone  and  the  Republic  of 
Panama.  (Sept.  21,  1922,  ch.  370,  sec.  16,  42  Stat.  1010;  Dec.  29, 
1926,  ch.  19,  sec.  4,  44  Stat.  926;  Feb.  27,  1933,  ch.  127,  sec.  127, 
47  Stat.  928.) 

CHAPTER  9.— PLEADINGS  IN  CIVIL  ACTIONS 


Art. 

1.  Pleadings  in  general 

2.  Complaint 

3.  Demurrer  to  complaint. 

4.  Answer 

5.  Demurrer  to  answer 


Sec. 
191 
201 
211 
221 
231 


Art.  Sec. 

0.   Verification    of   pleadings 241 

7.  General  rules  of  pleading 251 

8.  Variance ;    mistakes    in    pleading 

and  amendments 271 


ARTICLE   1.— PLEADINGS   IN   GENERAL 


What  pleadings  are  allowed. 


Sec.  Sec. 

191.  Definition  of  pleadings.  193. 

192.  This    title    prescribes    the    form    and 

rules  of  pleadings. 

Section  191.  Definition  of  pleadings. — The  pleadings  are  the  for- 
mal allegations  by  the  parties  of  their  respective  claims  and  defenses, 
for  the  judgment  of  the  court. 

192.  This  title  prescribes  the  form  and  rules  of  pleadings. — The 

forms  of  pleading  in  civil  actions,  and  the  rules  by  which  tlie  suffi- 
ciency of  the  pleadings  is  to  be  determined,  are  those  prescribed  in 
this  title. 

CKOSS-REFiaElENCES 

One  form  of  action,  see  section  71  of  this  title. 

Rules  of  pleading,  generally,  see  section  251  et  seq.,  of  this  title. 
Answer,  what  to  contain,  see  sections  221  et  seq.,  of  this  title. 
Complaint,  what  to  contain,  see  sections  202  et  seq.,  of  this  title. 

193.  What  pleadings  are  allowed. — The  only  pleadings  allowed  on 
the  part  of  the  plaintiff  are : 

1.  The  complaint ; 

2.  The  demurrer  to  the  answer; 

3.  The  demurrer  to  the  cross-complaint ; 

4.  The  answer  to  the  cross-complaint. 
And  on  the  part  of  the  defendant: 

1.  The  demurrer  to  the  complaint; 

2.  The  answer; 

3.  The  cross-complaint ; 

4.  The  demurrer  to  the  answer  to  the  cross-complaint 


CrU>SS-IlElFE3lENCES 


M\ 


Complaint,  see  sections  201  et  seq.,  of  this  title. 

Cross-coniplaint  and  answer  or  demurrer  thereto,  see  section  227  of  this  title. 

Demurrer  to  coiiiplaint.  see  so<-tions  211  et  seq.,  of  this  title. 

Answer,  see  sections  221  et  seq.,  of  this  title. 

Dennn-er  to  answer,  see  sections  231  and  232  of  this  title. 

Pleadings  in  magistrate's  court,  see  sections  711  et  .seq.,  of  this  title. 

Supplemental  coniplaint  or  answer,  see  section  262  of  this  title. 

350 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  204 

ARTICLE  2.— COMPLAINT 


Sec. 

204.  Causes     of     action      which      may     be 

united ;    causes   united    must    belong 

to  one  class. 


I 


Sec. 

201.  Complaint,   first  pleading. 

202.  Cumplaint,  what  to  contain. 

203.  Statement    of    facts    in    divorce    com- 

plaint. 

201.  Complaint,  first  pleading. — The  first  pleading  on  the  part  of 

the  plaintiff  is  tlie  complaint. 

Cross-Refeeenoes 
Action  is  commenced  when  complaint  filed,  see  sections  101  and  161  of  this 
title. 
Supplemental  complaint,  see  section  262  of  this  title. 

202.  Complaint,  what  to  contain. — The  complaint  must  contain: 

1.  The  title  of  the  action,  the  name  of  the  court  and  division  in 
which  the  action  is  brought,  and  the  names  of  the  parties  to  the 
action; 

2.  A  statement  of  the  facts  constituting  the  cause  of  action,  in 
ordinary  and  concise  language ; 

3.  A  demand  of  the  relief  which  the  plaintiff  claims.  If  the 
recovery  of  money  or  damages  be  demanded,  the  amount  thereof 
must  be  stated. 

Ceos  s-Refeken  ces 

Title,  papers  defectively  entitled,  see  section  952  of  this  title. 
Venue,  see  sections  151  to  153  of  this  title. 
Parties,  misjoinder  or  nonjoinder,  see  .section  211  of  this  title. 
Association  may  be  sued  under  common  name,  see  section  144  of  this  title. 
Intervention,  see  section  143  of  this  title. 
Fictitious  names  for  defendants,  see  section  276  of  this  title. 
Errors  and  defects  to  be  disregarded,  see  section  277  of  this  title. 
Material  allegations,  not  controverted,  taken  as  true,  see  section  260  of  this 
title. 

Service  of  complaint,  see  section  165  of  this  title. 

Several  causes  of  action,  uniting,  see  section  2"04  of  this  titla 

Amendment  of  pleadings,  see  sections  213,  274,  and  275  of  this  title. 

Variance,  see  sections  271  et  seq.,  of  this  title. 

Supplemental  complaint,  see  section  262  of  this  title. 

Verification  of  pleadings,  see  section  241  of  this  title. 

One  form  of  action  only,  see  section  71  of  this  title. 

Pleadings  in  magistrates'  courts,  see  section  711  et  seq.,  of  this  title. 

General  rules  of  pleading,  see  sections  251  et  seq.,  of  this  title. 

203.  Statement  of  facts  in  divorce  complaint. — In  an  action  for 
divorce  the  complaint  must  set  forth,  among  other  matters,  as  near 
as  can  be  ascertained,  the  following  facts : 

(1)  The  State  or  country  in  which  the  parties  were  married. 

(2)  The  date  of  marriage. 

(3)  The  date  of  separation. 

(4)  The  number  of  years  from  marriage  to  separation. 

(5)  The  number  of  children  of  the  marriage,  if  any,  and  if  none,  a 
statement  of  that  fact. 

(6)  The  ages  of  the  minor  children. 

204.  Causes  of  action  which  may  be  united;  causes  united  must 
belong  to  one  class. — The  plaintiff  may  unite  several  causes  of 
action  in  the  same  complaint,  where  they  all  arise  out  of : 

1.  Contracts,  express  or  implied; 

851 


T.4,  §211] 


THE  CODE  OF  CIVIL  PROCEDURE 


2.  Claims  to  recover  damages  for  the  withholding  of  specific  real 
property,  or  for  waste  committed  thereon,  and  the  rents  and  profits 
of  the  same; 

3.  Claims  to  recover  specific  personal  property,  with  or  without 
damages  for  the  withholding  thereof; 

4.  Claims  against  a  trustee  by  virtue  of  a  contract  or  by  operation 
of  law; 

5.  Injuries  to  character; 

6.  Injuries  to  person; 

7.  Injuries  to  property; 

8.  Claims  arising  out  of  the  same  transaction,  or  transactions  con- 
nected with  the  same  subject  of  action,  and  not  included  within  one 
of  the  foregoing  subdivisions  of  this  section. 

The  causes  of  action  so  united  must  all  belong  to  one  only  of  these 
classes,  and  must  affect  all  the  parties  to  the  action,  and  not  require 
different  places  of  trial,  and  must  be  separately  stated ;  but  an  action 
for  malicious  arrest  and  prosecution,  or  either  of  them,  may  be 
united  with  an  action  for  either  an  injury  to  character  or  to  the 
person :  Pr^ovided,  however,  That  in  any  action  brought  by  the  hus- 
band and  wife,  to  recover  damages  caused  by  any  injury  to  the 
wife,  all  consequential  damages  suffered  or  sustained  by  the  husband 
alone,  including  loss  of  the  services  of  his  said  wife,  moneys  expended 
and  indebtedness  incurred  by  reason  of  such  injury  to  his  said  wife, 
may  be  alleged  and  recovered  Avithout  separately  stating  such  cause 
of  action  arising  out  of  such  consequential  damages  suffered  or 
sustained  by  the  husband:  Provided,  further ,  That  causes  of  action 
for  injuries  to  person  and  injuries  to  property,  growing  out  of 
the  same  tort,  may  be  joined  in  the  same  complaint,  and  it  is  not 
required  that  they  be  stated  separately. 

Ceoss-Referenoe 

Joining  separate  insurers  in  single  action,  see  section  139  of  this  title. 

ARTICLE  3.— DEMURRER  TO  COMPLAINT 


Sec. 
211. 
212. 


Sec. 

214.  Objoction  not  appearing  on  complaint, 
may  be  taken  by  answer. 

215.  Objections,  when  deemed  waived. 


Wlien  defendant   may   demur. 
Demurrer  must  specify   grounds ;   may 

be  taken  to  part ;   may  answer  and 

demur  at  same  time. 
213.  What  proceedings  are  to  be  had  when 

complaint  is   amended. 

211.  When  defendant  may  demur. — The  defendant  may  demur 
to  the  complaint  within  the  time  required  in  the  summons  to  answer, 
when  it  ap})ears  upon  the  face  thereof,  either : 

1.  That  the  court  has  no  jurisdiction  of  the  person  of  the  defend- 
ant, or  the  subject  of  the  action ; 

S.  That  the  plaintiff  has  not  legal  capacity  to  sue ; 

3.  That  there  is  another  action  pending  betAveen  the  same  parties 
for  the  same  cause ; 

4.  That  there  is  a  defect  or  mi.sjoinder  of  parties  plaintiff  or 
defendant ; 

5.  That  several  cau.ses  of  action  have  been  improperly  united,  or 
not  separately  stated; 


352 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  215 

6.  That  the  complaint  does  not  state  facts  sufficient  to  constitute  a 
cause  of  action; 

7.  That  the  complaint  is  ambiguous; 

8.  That  the  complaint  is  unintelligible;  or 

9.  That  the  complaint  is  uncertain. 

Cboss-Reobterences 

Demurring  and  answering  at  same  time,  see  sections  212  and  226  of  this 
title. 
Extending  time  to  demur,  see  section  960  of  tliis  title. 
Serving  clemurrer,  see  section  263  of  this  title. 
Judgment  on  demurrer,  see  section  504  of  this  title. 
Demurrer  in  an  appearance,  see  section  945  of  this  title. 
Waiving  objections  by  failure  to  demur,  see  section  215  of  this  title. 

212.  Demurrer  must  specify  grounds;  may  be  taken  to  part; 
may  answer  and  demur  at  same  time. — The  demurrer  must  dis- 
tinctly specify  the  grounds  upon  which  any  of  the  objections  to  the 
complaint  are  taken.  Unless  it  does  so,  it  may  be  disregarded.  It 
may  be  taken  to  the  whole  complaint,  or  to  any  of  the  causes  of 
action  stated  therein,  and  the  defendant  may  demur  and  answer  at 
the  same  time. 

213.  What  proceedings  are  to  be  had  when  complaint  is 
amended. — If  the  complaint  is  amended,  a  copy  of  the  amendments 
must  be  filed,  or  the  court  may,  in  its  discretion,  require  the  com- 
plaint as  amended  to  be  filed,  and  a  copy  of  the  amendments  or 
amended  complaint  must  be  served  upon  the  defendants  affected 
thereby.  The  defendant  must  answer  the  amendments,  or  the  com- 
plaint as  amended,  within  ten  days  after  service  thereof,  or  such 
other  time  as  the  court  may  direct,  and  judgment  by  default  may 
be  entered  upon  failure  to  answer,  as  in  other  cases. 

Cbos  s-Reference 
Amendment,  generally,  see  sections  274  and  275  of  this  title. 

214.  Objection  not  appearing  on  complaint,  may  be  taken  by 
answer. — When  any  of  the  matters  enumerated  in  section  211  of 
this  title  do  not  appear  upon  the  face  of  the  complaint,  the  objection 
may  be  taken  by  answer. 

215.  Objections,  when  deemed  waived. — If  no  objection  be  taken, 
either  by  demurrer  or  answer,  the  defendant  must  be  deemed  to  have 
waived  the  same,  excepting  only  the  objection  to  the  jurisdiction 
of  the  court,  and  the  objection  that  the  complaint  does  not  state  facts 
sufficient  to  constitute  a  cause  of  action. 

Cross-References 

Waiver  of  counterclaim  by  omission  to  set  up,  see  section  224  of  this  title. 
Omission  to  set  up  in  magistrate's  court,  see  section  716  of  this  title. 


353 


T.  4,  §  221] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  4.— ANSWER 


Sec. 

221.  Answer,  what  to  contain. 

222.  Actiuns    to    recover    insurance ;    what 

defendant  claiming  exemption  must 
set  up. 

223.  When   counterclaim   may  be   set  up. 

224.  When     defendant     omits     to     set     up 

counterclaim. 

225.  Counterclaim  not  barred  by  death  or 

assignment. 


Sec. 
226. 


228. 


Answer  may  contain  several  grounds 
of  defense ;  defendant  may  answer 
part  and  demur  to  part  of  com- 
plaint. 

Cross-complaint,  in  general. 

Cross-complaint  for  divorce  and  pro- 
ceedings thereon. 


221.  Answer,  what  to  contain. — The  answer  of  the  defendant 

shall  contain: 

1.  A  general  or  specific  denial  of  the  material  allegations  of  the 
complaint  controverted  by  the  defendant. 

2.  A  statement  of  any  new  matter  constituting  a  defense  or 
counterclaim. 

If  the  complaint  be  verified,  the  denial  of  each  allegation  contro- 
verted must  be  specific,  and  be  made  positively,  or  according  to  the 
information  and  belief  of  the  defendant.  If  the  defendant  has  no 
information  or  belief  upon  the  subject  sufficient  to  enable  him  to 
answer  an  allegation  of  the  complaint,  he  may  so  state  in  his  answer, 
and  place  his  denial  on  that  ground.  If  the  complaint  be  not  veri- 
fied, a  general  denial  is  sufficient,  but  only  puts  in  issue  the  material 
allegations  of  the  complaint. 

Cross-Refekences 

Pleas  in  abatement,  see  section  211  of  this  title. 

Amendment,  see  sections  274  and  275  of  this  title. 

Appearance  answering  is,  see  section  945  of  this  title. 

Counterclaim,  see  sections  223  to  226  of  this  title. 

Cross-complaint,  see  section  227  of  this  title. 

Death  or  disability  of  party,  see  section  141  of  this  title. 

Errors  and  defects  to  be  disregarded,  see  section  277  of  this  title. 

Striking  out  sham  and  irrelevant  answers,  see  section  252  of  this  title. 

Supplemental  answer,  see  section  262  of  this  title. 

Time  to  answer,  extension  of,  see  .section  960  of  this  title. 

Writing,  effect  of  setting  forth  in  answer,  see  sections  243  and  244  of  this 
title. 

Allegations  not  denied,  when  deemed  true,  see  section  260  of  this  title. 

Objection  not  appearing  on  complaint,  may  be  taken  by  answer,  see  section 
214  of  this  title. 

Waiver  whei-e  no  objeclion  taken  by  answer,  see  section  215  of  this  title. 

222.  Actions  to  recover  insurance;  what  defendant  claiming 
exemption  must  set  up. — In  an  action  to  recover  upon  a  contract 
of  insurance  wherein  the  defendant  claims  exemption  from  liability 
upon  the  ground  that,  although  the  proximate  cause  of  the  loss  was 
a  peril  insured  against,  the  loss  was  remotely  caused  by  or  would 
not  have  occurred  but  for  a  peril  excepted  in  the  contract  of  insur- 
ance, the  defendant  shall  in  his  answer  set  forth  and  specify  the 
peril  which  was  the  proximate  cause  of  the  loss,  in  what  manner  the 
peril  excepted  contributed  to  the  loss  or  itself  caused  the  peril  insured 
against,  and  if  he  claim  that  the  peril  excepted  caused  the  peril 
insured  against,  he  shall  in  his  answer  set  forth  and  specify  upon 
what  premises  or  at  what  place  the  peril  excepted  caused  the  peril 
insured  against. 


354 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  227 

223.  When  counterclaim  may  be  set  up. — The  counterclaiin  men- 
tioned in  section  221  of  this  title  must  be  one  existing  in  fuvor  of  a 
defendant  and  against  a  plaintiif,  between  whom  a  several  judgment 
might  be  had  in  the  action,  and  arising  out  of  one  of  the  following 
causes  of  action : 

1.  A  cause  of  action  arising  out  of  the  transaction  set  forth  in  the 
complaint  as  the  foundation  of  the  plaintiff's  claim,  or  connected 
with  the  subject  of  the  action; 

2.  In  an  action  arising  upon  contract;  any  other  cause  of  acticm 
arising  also  upon  contract  and  existing  at  the  commencement  of 
the  action. 

CROSS-REFBaiENCES 

Dismissing  action,  where  counterclaim,  see  section  415  of  this  title. 
Counterclaim  in  ma.uistrates'  courts,  see  sections  715  and  710  of  this  title. 
Counterclaim  deemed  denied,  see  section  260  of  this  title. 
Judgment  when  counterclaim  exceeds  plaintiff's  demand,  see  section  543  of 
this  title. 

224.  When  defendant  omits  to  set  up  counterclaim. — If  the  de- 
fendant omits  to  set  up  a  counterclaim  upon  a  cause  arising  out  of 
the  transaction  set  forth  in  the  complaint  as  the  foundation  of  the 
plaintiff's  claim,  neither  he  nor  his  assignee  can  afterwards  maintain 
an  action  against  the  plaintiff  therefor. 

Geoss-Refehenoe 

Failure  to  set  up  in  magistrate's  court,  see  section  716  of  this  title. 

225.  Counterclaim  not  barred  by  death  or  assignment. — When 
cross  demands  have  existed  between  persons  under  such  circum- 
stances that,  if  one  had  brought  an  action  against  the  other,  a  counter- 
claim could  have  been  set  up,  the  two  demands  shall  be  deemed  com- 
pensated, so  far  as  thej'^  equal  each  other,  and  neither  can  be  deprived 
of  the  benefit  thereof  by  the  assignment  or  death  of  the  other. 

226.  Answer  may  contain  several  grounds  of  defense ;  defendant 
may  answer  part  and  demur  to  part  of  complaint. — The  defendant 
may  set  forth  by  answer  as  many  defenses  and  counterclaims  as  he 
may  have.  They  must  be  separately  stated,  and  the  several  defenses 
must  refer  to  the  causes  of  action  which  they  are  intended  to  answer, 
in  a  manner  by  which  they  may  be  intelligibly  distinguished.  The 
defendant  may  also  answer  one  or  more  of  the  several  causes  of  action 
stated  in  the  complaint  and  demur  to  the  residue. 

227.  Cross-complaint,  in  general. — Whenever  the  defendant  seeks 
affirmative  relief  against  any  party,  relating  to  or  depending  upon 
the  contract,  transaction,  matter,  happening  or  accident  upon  which 
the  action  is  brought,  or  affecting  the  property  to  which  the  action 
relates,  he  may,  in  addition  to  his  answer,  file  at  the  same  time,  or  by 
permission  of  the  court  subsequently,  a  cross-complaint.  The  cross- 
complaint  must  be  served  upon  the  parties  affected  thereby,  and  such 
parties  may  demur  or  answer  thereto  as  to  the  original  complaint. 
If  any  of  the  parties  affected  by  the  cross-complaint  have  not 
appeared  in  the  action,  a  summons  upon  the  cross-complaint  must  be 

355 


T.4,  §228]  THE  CODE  OF  CIVIL  PROCEDURE 

issued  and  served  upon  them  in  the  same  manner  as  upon  the  com- 
mencement of  an  original  action. 

Cboss-References 

Origiual  complaint,  see  sections  202  et  seq.,  of  tliis  title. 

Dismissing  action,  where  cross-complaint,  see  section  415  of  tliis  title. 

228.  Cross-complaint  for  divorce  and  proceedings  thereon. — In 

addition  to  an  answer,  the  defendant  may  file  a  cross-complaint  for 
divorce;  and  when  filed  the  court  shall  decree  the  divorce  to  the  party 
legally  entitled  thereto.  If  the  original  complaint  be  dismissed  after 
the  filing  of  the  cross-complaint,  the  defendant  ma^^  proceed  to  the 
trial  of  the  cross-complaint  without  further  notice  to  the  adverse 
party;  and  the  case  upon  such  cross-complaint  shall  in  all  things  be 
governed  by  the  same  rules  as  are  applicable  to  a  case  on  an  original 
complaint.  (Sept.  21,  1922,  ch.  370,  sec.  19,  42  Stat.  1010;  Fob.  27, 
1933,  ch.  127,  sec.  147,  47  Stat.  932.) 

ARTICLE  5.— DEMURRER  TO  ANSWER 

Sec.  I    Sec. 

231.  When  plaintiff  may  demur  to  answer.   I    232.   Grounds  of  demurrer. 

231.  When  plaintiff  may  demur  to  answer. — The  plaintiff  may 
within  ten  days  after  the  service  of  the  answer  demur  thereto,  or  to 
one  or  more  of  the  several  defenses  or  counterclaims  set  up  therein. 

Cross-References 

Demurrer  to  complaint,  see  section  211  of  this  title. 

Service  of  denmrrer,  see  section  263  of  this  title. 

Extending  time  to  demur,  see  section  960  of  this  title. 

Time  to  answer  when  demurrer  overruled,  see  section  278  of  this  title. 

232.  Grounds  of  demurrer. — The  demurrer  may  be  taken  upon 
one  or  more  of  the  following  grounds : 

1.  That  several  causes  of  counterclaim  have  been  improperly  joined, 
or  not  separately  stated; 

2.  That  the  ansAver  does  not  state  facts  sufficient  to  constitute  a 
defense  or  counterclaim ; 

3.  That  the  answer  is  ambiguous ; 

4.  That  the  answer  is  unintelligible;  or 

5.  That  the  answer  is  uncertain. 

Cross-Refeken'ce 
Grounds  of  demurrer  to  complaint,  see  section  211  of  this  title. 

ARTICLE  G.— VERIFICATION  OF  PLEADINGS 


Sec. 

241.  Verification  of  pleadings. 

242.  Copy  of  written   instrument  contained 

ni  complaint  admitted,  unless 
answer  is  verified. 

243.  Wlien    defense    is    founded    on   written 

instrument  set  out  in  answer,  its 
execution  admitted,  unless  denied 
by  plaintiff  under  oath. 


Sec. 

244.  Exceptions  to  rules  prescribed  by  two 
preceding  sections. 


241.  Verification   of  pleadings.— Every  pleading  must  be  sub- 
scribed by  the  party  or  his  attorney;  and  when  the  complaint  is 


356 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  244 

verified,  or  when  the  Government,  or  any  officer  of  the  Government, 
in  his  official  capacity,  is  plaintiff,  the  answer  must  be  verified, 
unless  an  admission  of  the  truth  of  the  complaint  might  subject  the 
party  to  a  criminal  prosecution,  or,  unless  an  officer  of  the  Govern- 
ment in  his  official  capacity,  is  defendant.  In  all  cases  of  a  verifica- 
tion of  a  pleading,  the  affidavit  of  the  party  must  state  that  the  same 
is  true  of  his  own  knowledge,  except  as  to  the  matters  which  are 
therein  stated  on  his  information  or  belief,  and  as  to  those  matters 
that  he  believes  it  to  be  true;  and  where  a  pleading  is  verified,  it 
must  be  by  the  affidavit  of  a  party,  unless  the  parties  are  absent 
from  the  division  where  the  attorney  has  his  office,  or  from  some 
cause  unable  to  verify  it,  or  the  facts  are  within  the  knowledge  of 
his  attorney  or  other  person  verifying  the  same.  When  the  pleading 
is  verified  by  the  attorney,  or  any  other  person  except  one  of  the 
parties,  he  must  set  forth  in  the  affidavit  the  reasons  why  it  is  not 
made  by  one  of  the  parties.  When  a  corporation  is  a  party,  the 
verification  may  be  made  by  any  officer  thereof.  When  the  Govern- 
ment, or  any  officer  of  the  Government  in  his  official  capacity,  is 
plaintiff,  the  complaint  need  not  be  verified. 

Cross-Rkferences 

Affidavits  may  be  used  to  verify  pleading,  see  section  2071  of  tliis  title. 

Attorney's  power  to  bind  client,  see  section  48  of  tbis  title. 

Verifying  accusation  for  disbarring  attorney,  see  section  55  of  this  title. 

242.  Copy  of  written  instrument  contained  in  complaint  ad- 
mitted, unless  answer  is  verified. — When  an  action  is  brought  upon 
a  written  instrument,  and  the  complaint  contains  a  copy  of  such 
instrument,  or  a  copy  is  annexed  thereto,  the  genuineness  and  due 
execution  of  such  instrument  are  deemed  admitted,  unless  the  answer 
denying  the  same  be  verified. 

Cboss-Refebence 

Denial  of  written  instrument  under  oath,  see  section  787  of  this  title. 

243.  When  defense  is  founded  on  written  instrument  set  out  in 
answer,  its  execution  admitted,  unless  denied  by  plaintiff  under 
oath. — When  the  defense  to  an  action  is  founded  on  a  written  instru- 
ment, and  a  copy  thereof  is  contained  in  the  answer,  or  is  annexed 
thereto,  the  genuineness  and  due  execution  of  such  instrument  are 
deemed  admitted,  unless  the  plaintiff  file  with  the  clerk,  within  ten 
days  after  receiving  a  copy  of  the  answer,  an  affidavit  denying  the 
same,  and  serve  a  copy  thereof  on  the  defendant. 

244.  Exceptions  to  rules  prescribed  by  two  preceding  sections. — 

But  the  execution  of  the  instrument  mentioned  in  sections  242  and 
243  of  this  title,  is  not  deemed  admitted  by  a  failure  to  deny  the  same 
under  oath,  if  the  party  desiring  to  controvert  the  same  is,  upon 
demand,  refused  an  inspection  of  the  original.  Such  demand  must 
be  in  writing,  served  by  copy,  upon  the  adverse  party  or  his  attorney, 
and  filed  with  the  papers  in  the  case. 

Cross-Rekeeencb 
Inspection  of  writings,  order  for,  see  section  921  of  this  title. 

357 


T.4,  §251] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  7.— GENERAL  RULES  OF  PLEADING 


Sec. 

258. 


259. 
260. 


261. 
262. 
263. 


Libel  and  slander,  how  stated  in  com- 
plaint. 

Answer  in  such  cases. 

Allegations  not  denied,  when  to  he 
deemed  true ;  when  to  be  deemed 
controverted. 

A  material  allegation  defined. 

Supplemental  complaint  and  answer. 

Pleadings  subsequent  to  complaint 
must  be  filed  and  served. 


Sec. 

251.  Pleadings  to  be  liberally  construed. 

252.  Sham  and  irrelevant  answers,  etc.,  may 

be  stricken  out. 

253.  How  to  state  an  account  in  a  plead- 

ing. 

254.  Description     of     real     property     in     a 

pleading. 

255.  Judgments,  how  pleaded. 

256.  Conditions      precedent,      how      to      be 

pleaded. 

257.  Statute  of  limitations,  how  pleaded. 

251.  Pleadings  to  be  liberally  construed. — In  the  construction  of 

a  pleading,  for  the  purpose  of  determining  its  effect,  its  allegations 
must  be  liberally  construed,  with  a  view  to  substantial  justice  between 
the  parties. 

Cross-Reiference 

Errors  and  defects  in  pleading,  disregarding,  see  section  277  of  tliis  title. 

252.  Sham  and  irrelevant  answers,  etc.,  may  be  stricken  out. — 

Sham  and  irrelevant  answers,  and  irrelevant  and  redundant  matter 
inserted  in  a  pleading,  may  be  stricken  out,  upon  such  terms  as  the 
court  may,  in  its  discretion,  impose. 

253.  How  to  state  an  account  in  a  pleading. — It  is  not  necessary 
for  a  party  to  set  forth  in  a  pleading  the  items  of  an  account  therein 
alleged,  but  he  must  deliver  to  the  adverse  party,  within  five  days 
after  a  demand  thereof  in  writing,  a  copy  of  the  account  or  be  pre- 
cluded from  giving  evidence  thereof.  The  court  or  judge  may  order 
a  further  account  when  the  one  delivered  is  too  general,  or  is 
defective  in  any  particular. 

Cross-Refebench 

Exhibiting  original  account  and  delivering  copy  to  adverse  party,  see  section 
786  of  this  title. 

254.  Description  of  real  property  in  a  pleading. — In  an  action 
for  the  recovery  of  real  property,  it  must  be  described  in  the  com- 
plaint with  such  certainty  as  to  enable  an  officer,  upon  execution, 
to  identify  it. 

255.  Judgments,  how  pleaded. — In  pleading  a  judgment  or  other 
determination  of  a  court,  officer,  or  board,  it  is  not  necessary  to  state 
the  facts  conferring  jurisdiction,  but  such  judgment  or  doteniiination 
may  be  stated  to  have  been  duly  given  or  made.  If  such  allegation 
be  controverted,  the  party  pleading  must  establish  on  the  trial  the 
facts  conferring  jurisdiction. 

Cross-Refeirbnces 

Pleading  judgment,  see  also  section  2006  of  this  title. 
Judgment  as  an  estoppel,  see  section  1934  of  this  title. 

256.  Conditions  precedent,  how  to  be  pleaded. — In  pleading  the 

performance  of  conditions  ])receclent  in  a  contract,  it  is  not  necessary 
to  state  the  facts  showing  such  performance,  but  it  may  be  stated 
generally  that  the  party  duly  performed  all  the  conditions  on  his 


358 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  261 

part,  and  if  siicli  allefyation  be  controverted,  the  party  pleading  must 
establish,  on  the  trial,  the  facts  showing  such  performance. 

Cross-Refeeencb 
Conditions  precedent,  see  title  S,  sections  693  et  seq. 

257.  Statute  of  limitations,  how  pleaded. — iln  pleading  the 
statute  of  limitations  it  is  not  necessary  to  state  the  facts  showing 
the  defense,  but  it  may  be  stated  generally  that  the  cause  of  action 

is  barred  by  the  provisions  of  section (giving  the  number  of  the 

section  and  subdivision  thereof,  if  it  is  so  divided,  relied  upon)  of 
the  title ;  and  if  such  allegation  be  controverted,  the  party  pleading 
must  establish,  on  the  trial,  the  facts  showing  that  the  cause  of 
action  is  so  barred. 

258.  Libel  and  slander,  how  stated  in  complaint. — In  an  action 
for  libel  or  slander  it  is  not  necessary  to  state  in  the  complaint  any 
extrinsic  facts  for  the  purpose  of  showing  the  application  to  the 
plaintiif  of  the  defamatory  matter  out  of  wdiich  the  cause  of  action 
arose;  but  it  is  sufficient  to  state,  generally,  that  the  same  was  pub- 
lished or  spoken  concerning  the  plaintiff;  and  if  such  allegation  be 
controverted,  the  plaintiff  must  establish  on  the  trial  that  it  was  so 
published  or  spoken. 

Ceoss-Ret'ebencb 

Libel  and  slander,  see  title  3,  sections  42  et  seq. 

259.  Answer  in  such  cases. — In  the  actions  mentioned  in  the  next 
preceding  section  the  defendant  may,  in  his  answer,  allege  both  the 
truth  of  the  matter  charged  as  defamatory,  and  any  mitigating  cir- 
cumstances, to  reduce  the  amount  of  damages ;  and  wdiether  he  prove 
the  justification  or  not,  he  may  give  in  evidence  the  mitigating 
circumstances. 

CRO'SS-ReFEIRENCB 

Libel  and  slander,  see  title  3,  sections  42  et  seq. 

260.  Allegations  not  denied,  when  to  be  deemed  true;  when  to 
be  deemed  controverted. — Every  material  allegation  of  the  com- 
plaint, not  controverted  by  the  answer,  must,  for  the  purposes  of  the 
action,  be  taken  as  true;  the  statement  of  any  new  matter  in  the 
answer  in  avoidance  or  constituting  a  defense  or  counterclaim,  must, 
on  the  trial,  be  deemed  controverted  by  the  opposite  j)arty. 

Ceoss-Refekences 

Cros9-complaint  must  be  replied  to,  see  section  227  of  this  title. 
Answer,  see  section  221  of  this  title. 

261.  A  material  allegation  defined. — A  material  allegation  in  a 
pleading  is  one  w^hich  is  essential  to  the  claim  or  defense,  and  which 
could  not  be  stricken  from  the  pleading  without  leaving  it  insufficient. 

Cross-Reference 
Immaterial  allegations  need  not  be  answered,  see  section  260  of  this  title. 

359 


T.  4,  §  262] 


THE  CODE  OF  CIVIL  PROCEDURE 


262.  Supplemental  complaint  and  answer. — The  plaintiff  and 
defendant,  respectively,  may  be  allowed,  on  motion,  to  make  a  supple- 
mental complaint  or  answer,  alleging  facts  material  to  the  case  occur- 
ring after  the  former  complaint  or  answer. 

Cross-Refebence 

Amendments  of  pleadings,  see  sections  274  and  275  of  this  title. 

263.  Pleadings  subsequent  to  complaint  must  be  filed  and 
served. — All  pleadings  subsequent  to  the  complaint  must  be  filed 
w4th  the  clerk,  and  copies  thereof  served  upon  the  adverse  party  or 
his  attorney. 

Ceoss-Refekences 

Service  of  papers,  see  sections  942  et  seq.,  of  this  title. 

Amendment  of  pleadings,  service  of,  see  sections  213  and  274  of  this  title. 

Extending  time  to  serve  papers,  see  section  960  of  this  title. 


ARTICLE   8.- 


-VARIANCE;   MISTAKES   IN   PLEADINGS   AND 
AMENDMENTS 


Sec. 

271. 
272. 
273. 
274. 


Material  variance,  how  provided  for. 
Immaterial  variance,  how  provided  for. 
What  not  to  be  deemed  a  variance. 
Amendments    of   course,    and    effect   of 
demurrer. 
275.  Pleading  may  be  amended. 


Sec. 

276.  Suing   a    party   by   a   fictitious   name, 

when  allowed. 

277.  No  error  or  defect  to  be  regarded  un- 

less it  affects  substantial  rights. 

278.  Time  to  amend  or  answer,  running  of. 


271.  Material  variance,  how  provided  for. — No  variance  between 
the  allegation  in  a  pleading  and  the  proof  is  to  be  deemed  material, 
unless  it  has  actually  misled  the  adverse  party  to  his  prejudice  in 
maintaining  his  action  or  defense  upon  the  merits.  Whenever  it 
appears  that  a  party  has  been  so  misled,  the  court  may  order  the 
pleading  to  be  amended,  upon  such  terms  as  may  be  just. 

Cross-Refekences 

Variance,  and  failure  of  proof,  see  section  273  of  this  title. 
Evidence  must  correspond  with  substance  of  material  allegations,  see  section 
1886  of  this  title. 

272.  Immaterial  variance,  hov^^  provided  for. — Where  the  vari- 
ance is  not  material,  as  provided  in  the  next  preceding  section,  the 
court  may  direct  the  fact  to  be  found  according  to  the  evidence,  or 
may  order  an  immediate  amendment,  without  costs. 

Cross-Reifeirence 
Immaterial  errors,  generally,  see  section  277  of  this  title. 

273.  What  not  to  be  deemed  a  variance. — Where,  however,  the 
allegation  of  the  claim  or  defense  to  which  the  proof  is  directed,  is 
unproved,  not  in  some  particular  or  particulars  only,  but  in  its 
general  scope  and  meaning,  it  is  not  to  be  deemed  a  case  of  variance, 
within  the  two  next  preceding  sections,  but  a  failure  of  proof. 

Cross-Reference 

Proof  generally,  see  sections  1842  et  seq.,  of  this  title. 
Troof,  dismissal  for  failure  of,  see  section  415  of  this  title. 


ij 


360 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  275 

274.  Amendments    of    course,    and    effect    of    demurrer. — Any 

pleading  may  be  amended  once  by  the  party  of  course,  and  without 
costs,  at  any  time  before  answer  or  demurrer  filed,  or  after  demurrer 
and  before  the  trial  of  the  issue  of  law  thereon,  by  filing  the  same  as 
amended  and  serving  a  copy  on  the  adverse  party,  who  may  have  ten 
days  thereafter  in  which  to  answer  or  demur  to  the  amended  plead- 
ing. A  demurrer  is  not  waived  by  filing  an  answer  at  the  same  time; 
and  when  the  demurrer  to  a  complaint  is  overruled  and  there  is  no 
answer  filed,  the  court  ma}^  upon  such  terms  as  may  be  just,  allow  an 
answer  to  be  filed.  If  a  demurrer  to  the  answer  be  overruled,  the 
facts  alleged  in  the  answer  must  be  considered  as  denied,  to  the 
extent  mentioned  in  section  260  of  this  title. 

Ckoss-IIeferences 

Filing  amended  complaint,  see  section  213  of  tliis  title. 
Answer  no  waiver  of  demurrer,  see  section  212  of  this  title. 

275.  Pleading  may  be  amended. — The  court  may  in  furtherance 
of  justice,  and  on  such  terms  as  may  be  proper,  allow  a  party  to 
amend  any  pleading  or  proceeding  by  adding  or  strilring  out  the 
name  of  any  part}'^,  or  by  correcting  a  mistake  in  the  name  of  a  party, 
or  a  mistake  in  any  other  resj)ect ;  and  may,  upon  like  terms,  enlarge 
the  time  for  answer  or  demurrer.  The  court  may  likewise,  in  its 
discretion,  after  notice  to  the  adverse  party,  allow,  upon  such  terms 
as  may  be  just,  an  amendment  to  any  pleading  or  proceeding  in  other 
particulars;  and  may  upon  like  terms  allow  an  answer  to  be  made 
after  the  time  limited  by  this  title. 

Relief  from  judgment  or  order  ;  time  for  application  ;  pro- 
cedure.— And  may,  also,  upon  such  terms  as  may  be  just,  relieve  a 
party  or  his  legal  representative  from  a  judgment,  order,  or  other 
proceeding  taken  against  him  through  his  mistake,  inadvertence,  sur- 
prise, or  excusable  neglect:  Provided,  That  application  therefor  be 
made  within  a  reasonable  time,  but  in  no  case  exceeding  six  months 
after  such  judgment,  order,  or  proceeding  was  taken :  And  jjrovided, 
further,  That  said  application  must  be  accompanied  with  a  copy  of 
the  answer,  or  other  pleading  proposed  to  be  filed  therein,  otherwise 
said  application  shall  not  be  granted.  When  from  any  cause  the 
summons  in  an  action  has  not  been  personally  served  on  the  defend- 
ant, the  court  may  allow,  on  such  terms  as  may  be  just,  such  de- 
fendant or  his  legal  representative,  at  any  time  within  one  year  after 
the  rendition  of  any  judgment  in  such  action,  to  answer  to  the  merits 
of  the  original  action. 

Action  to  recover  personal  property. — ^When,  in  an  action  to 
recover  the  possession  of  personal  propertj^,  the  person  making  any 
affidavit  did  not  truly  state  the  value  of  the  property,  and  the  officer 
taking  the  property,  or  the  sureties  on  an}^  bond  or  undertaking  is 
sued  for  taking  the  same,  the  officer  or  sureties  may  in  their  answer 
set  up  the  true  value  of  the  property,  and  that  the  person  in  whose 
behalf  said  affidavit  was  made  was  entitled  to  the  possession  of  the 
same  when  said  affidavit  was  made,  or  that  the  value  in  the  affidavit 
stated  was  inserted  by  mistake,  the  court  shall  disregard  the  value  as 


93083—34 24  361 


T.  4,  §276]  THE  CODE  OF  CIVIL  PROCEDURE 

stated  in  the  affidavit,  and  give  judgment  according  to  tlie  right  of 
possession  of  said  property  at  the  time  tlie  affidavit  was  made. 

Cross-References 

Amendment  of  pleadings  and  relief  from  judgments  in  magistrate's  court,  see 
section  720  of  this  title. 

Power  of  court  to  extend  time,  see  section  960  of  this  title. 
Adding  parties,  see  section  145  of  this  title. 

276.  Suing  a  party  by  a  fictitious  name,  when  allow^ed. — When 

the  plaintiff  is  ignorant  of  the  name  of  a  defendant,  he  must  state 
that  fact  in  the  compLaint,  and  such  defendant  may  be  designated 
in  any  pleading  or  proceeding  by  an}^  name,  and  when  his  true 
name  is  discovered,  the  pleading  or  proceeding  must  be  amended 
accordingly, 

277.  No  error  or  defect  to  be  regarded  unless  it  affects  substan- 
tial rights. — The  court  must,  in  everj-  stage  of  an  action,  disregard 
any  error,  improper  ruling,  instruction,  or  defect,  in  the  pleadmgs 
or  proceedings  which,  in  the  opinion  of  said  court,  does  not  affect  the 
substantial  rights  of  the  parties.  No  judgment,  decision,  or  decree 
shall  be  reversed  or  affected  by  reason  of  any  error,  ruling,  instruc- 
tion, or  defect,  unless  it  shall  appear  from  the  record  that  such  error, 
ruling,  instruction,  or  defect  was  prejudicial,  and  also  that  by  reason 
of  such  error,  ruling,  instruction,  or  defect,  the  said  party  complain- 
ing or  appealing  sustained  and  suffered  substantial  injur}^,  and  that 
a  different  result  would  have  been  probable  if  such  error,  ruling, 
instruction,  or  defect  had  not  occurred  or  existed.  There  shall  be 
no  presumption  that  error  is  prejudicial,  or  that  injury  was  done  if 
error  is  shown. 

278.  Time  to  amend  or  answer,  running  of. — When  a  demurrer 
to  any  pleading  is  sustained  or  overruled,  and  time  to  amend  or 
answer  is  given,  the  time  so  given  runs  from  the  service  of  notice  of 
the  decision  or  order. 

Cross-Reterences 

Time  to  answer,  see  sections  213,  274,  and  275  of  this  title. 
Notice,  service  of,  see  sections  941  et  seq.,  of  this  title. 


II 


362 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  292 


CHAPTER  10.— PROVISIONAL  REMEDIES  IN  CIVIL  ACTIONS 


Art.  Sec. 

1.  Arrest  and  bail 291 

2.  Claim    and    delivery    of    personal 

property 321 

3.  Injunction 341 


Art. 

4.  Attachment 

5.  Receivers 

6.  Deposits    in    court ;    handling    of 

funds  by  derls 


Sec. 
351 

391 


ARTICLE  1.— ARREST  AND  BAIL 


Sec. 
291. 

292. 

293. 

294. 

295. 
296. 

297. 
298. 

299. 
300. 
301. 
302. 
303. 
304. 


No  person  to  be  arrested  except  as  pre- 
scribed by  this  title. 

Cases  in  which  defendant  may  be 
arrested. 

Affidavit  to  obtain  order,  what  to  con- 
tain. 

Security  by  plaintiff  before  order  of 
arrest. 

Order,  when  made,  and  its  form. 

Affidavit  and  order  to  be  delivered  to 
the  marshal,  and  copy  to  defendant. 

Arrest,  how  made. 

Defendant  to  be  discharged  on  bail 
or  deposit. 

Bail,  how  given. 

Surrender  of  defendant. 

Same. 

Bail,  how  proceeded  against. 

Bail,  how  exonerated. 

Delivery  of  undertaliing  to  plaintiff, 
and  its  acceptance  or  rejection  by 
him. 


Sec. 

305.  Notice  of  justification ;  new  undertals- 

ing,  if  other  bail. 

306.  Qualifications  of  bail. 

307.  Justification  of  bail. 
oOS.  Allowance  of  bail. 

309.  Deposit  of  money  with  marshal. 

310.  Payment  of  money  into  court  by  mar- 

shal. 

311.  Substituting  bail  for  deposit. 

312.  Money   deposited,   how   applied  or  dis- 

posed of. 

313.  Marshal,  when  liable  as  bail,  and  his 

discharge  from  liability. 

314.  Proceedings      on      judgment      against 

marshal. 

315.  Motion   to     vacate  order  of  arrest  or 

reduce  bail ;  affidavits  on  motion. 

316.  When    the   order   vacated   or   bail   re- 

duced. 


I 


Section  291.  No  person  to  be  arrested  except  as  prescribed  by 
this  title. — No  person  can  be  arrested  in  a  civil  action,  except  as 
prescribed  in  this  title. 

Ckoss-References 

No  later  arrest  after  discharge,  see  section  1131  of  this  title. 

Exemption  of  witnesses  from  arrest,  see  sections  2144  and  214.5  of  this  title. 

292.  Cases  in  which  defendant  may  be  arrested. — The  defendant 
may  be  arrested,  as  hereinafter  prescribed,  in  the  following  cases: 

1.  In  an  action  for  the  recovery  of  money  or  damages  on  a  cause 
of  action  arising  upon  contract,  express  or  implied,  when  the  de- 
fendant is  about  to  depart  from  the  Canal  Zone  with  intent  to  defraud 
his  creditors. 

2.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property 
embezzled,  or  fraudulently  misapplied,  or  converted  to  his  own  use, 
by  a  public  officer,  or  an  officer  of  a  corporation,  or  an  attorney,  fac- 
tor, broker,  agent,  or  clerk,  in  the  course  of  his  employment  as  such, 
or  by  any  other  person  in  a  fiduciary  capacity;  or  for  misconduct 
or  neglect  in  office,  or  in  a  professional  employment,  or  for  a  willful 
violation  of  duty. 

3.  In  an  action  to  recover  the  possession  of  personal  property 
unjustly  detained,  when  the  property,  or  any  part  thereof,  has  been 
concealed,  removed,  or  disposed  of,  to  prevent  its  being  found  or 
taken  by  the  marshal. 

4.  When  the  defendant  has  been  guilty  of  a  fraud  in  contracting 
the  debt  or  incurring  the  obligation  for  which  the  action  is  brought ; 
or  in  concealing  or  disposing  of  the  property  for  the  taking,  deten- 
tion, or  conversion,  of  which  the  action  is  brought. 

5.  AVlien  the  defendant  has  removed  or  disposed  of  his  property, 
or  is  about  to  do  so,  with  intent  to  defraud  his  creditors. 


363 


T.  4,  §293]  THE  CODE  OF  CIVIL  PROCEDURE 

Ceoss-References 

Arrest  of  witness,  see  sections  2048,  2049,  and  2144  to  2147  of  this  title. 

Arrest  for  disobedience  of  order  to  produce  will,  see  section  1215  of  this  title. 

Arrest,  when  ordered  in  action  for  forcible  entry  and  detainer,  see  section 
1149  of  this  title. 

Arrest  of  person  suspected  of  embezzlement  from  or  concealment  of  papers  of 
in  estate,  see  section  1453  of  this  title. 

Executor,  attachment  of,  for  failure  to  account,  see  sections  1573  and  1574 
>f  this  title. 

Arrest  of  debtor,  when  ordered  in  supplementary  proceedings,  see  section  622 
f  this  title. 

Arrest  in  contempt  proceedings,  see  section  1165  of  this  title. 

Executor,  arrest  of,  to  compel  attendance,  see  section  1415  of  this  title. 

293.  Affidavit  to  obtain  order,  what  to  contain. — The  order  for 
the  arrest  of  the  defendant  may  be  made  whenever  it  appears  to  the 
judge,  by  the  affidavit  of  the  plaintiff,  or  some  other  person,  that  a 
sufficient  cause  of  action  exists,  and  that  the  case  is  one  of  those 
mentioned  in  the  next  preceding  section.  The  affidavit  must  be  either 
positive  or  upon  information  and  belief ;  and  when  upon  information 
and  belief,  it  must  state  the  facts  upon  which  the  information  and 
belief  are  founded.  If  an  order  of  arrest  be  made,  the  affidavit  must 
be  filed  with  the  clerk  of  the  court. 

Cross-Refekence 
AflSdavit  for  arrest  in  magistrate's  court,  see  section  732  of  this  title. 

294.  Security  by  plaintiff  before  order  of  arrest. — Before  making 

the  order,  the  judge  must  require  a  w^ritten  undertaking  on  the  part 
of  the  plaintiff',  with  sureties  in  an  amount  to  be  fixed  by  the  judge, 
which  must  be  at  least  $500,  to  the  effect  that  the  plaintiff  will  \)ay 
all  costs  which  may  be  adjudged  to  the  defendant,  and  all  damages 
which  he  may  sustain  by  reason  of  the  arrest,  if  the  same  be  wrong- 
ful, or  without  sufficient  cause,  not  exceeding  the  sum  specified  in 
the  undertaking.  The  undertaking  must  be  filed  with  the  clerk  of 
the  court. 

Cross-References 

Undertakings,  generally,  see  sections  304  and  962  of  this  title. 
Security  by  plaintiff  before  order  of  arrest  in  magistrate's  court,  see  section 
732  of  this  title. 

Bail  for  release,  see  section  299  of  this  title. 

Liability  of  sureties  generally,  see  title  3,  sections  2131  et  seq. 

295.  Order,  when  made,  and  its  form. — The  order  may  be  made 
at  the  time  of  the  issuing  of  the  summons,  or  any  time  afterwards 
before  judgment.  It  must  require  the  marshal  forthwith  to  arrest 
the  defendant  and  hold  him  to  bail  in  a  specified  sum,  and  to  return 
the  order  at  a  time  therein  mentioned,  to  the  clerk  of  the  court. 

296.  Affidavit  and  order  to  be  delivered  to  the  marshal,  and 
copy  to  defendant. — The  order  of  arrest,  with  a  copy  of  the  affidavit 
upon  which  it  is  made,  must  be  delivered  to  the  marslial,  who,  U])on 
arresting  the  defendant,  must  deliver  to  him  a  copy  of  the  affidavit, 
and  also,  if  desired,  a  copy  of  the  order  of  arrest. 


364 


THE  CODE  OF  CIVIL  PROCEDURE 

297.  Arrest,  how  made'. — The  marshal  must  execute  the  order  by 
arresting  the  defendant  and  keepino-  him  in  custody  until  discharged 

by  law. 

Ckoss-Refekencei 

Advancing  funds  for  .siinport  of  prisoner,  see  section  1132  of  this  title. 

298.  Defendant  to  be  discharged  on  bail  or  deposit.— The  de- 
fendant, at  any  time  before  execution,  must  be  discharged  from 
the  arrest,  either  upon  giving  bail  or  upon  depositing  the  amount 
mentioned  in  the  order  of  arrest. 

Ckoss-Refeksnces 

Deposit  of  money,  see  section  309  of  this  title. 

Discharge  of  prisoners  arrested  on  civil  process,  see  sections  1121  to  1132  of 
this  title. 

299.  Bail,  hov/  given. — The  defendant  may  give  bail  by  causing  a 
written  undertaldng  to  be  executed  by  two  or  more  suilicient  sureties, 
to  the  effect  that  they  are  bound  in  the  amount  mentioned  in  the 
order  of  arrest,  that  the  defendant  will  at  ail  times  render  himself 
amenable  to  the  process  of  the  court,  during  the  pendency  of  the 
action,  and  to  such  as  may  be  issued  to  enforce  the  judgment  therein, 
or  that  they  will  pay  to  the  plaintiff  the  amount  of  any  judgment 
which  may  be  recovered  in  the  action. 

Ceoss-Eeferen  ces 

Bail,  qualifications  of,  see  sections  306  and  063  of  this  title. 
Bail,  defined,  see  title  3,  section  2049. 

300.  Surrender  of  defendant. — At  any  time  before  judgment,  or 
within  ten  days  thereafter,  the  bail  may  surrender  the  defendant  in 
their  exoneration;  or  he  may  surrender  himself  to  the  marshal. 

301.  Same. — For  the  purpose  of  surrendering  the  defendant,  the 
bail,  at  any  time  or  place  before  they  are  finally  charged,  may  them- 
selves arrest,  or,  by  a  written  authority  indorsed  on  a  certified  cop}'^ 
of  the  undertaking,  may  empower  the  marshal  to  do  so.  Upon  the 
arrest  of  defendant  by  the  marshal,  or  upon  his  delivery  to  the  mar- 
shal by  the  bail,  or  upon  his  own  surrender,  the  bail  are  exonerated, 
if  such  arrest,  delivery,  or  surrender  take  place  before  the  expiration 
of  ten  days  after  judgment;  but  if  such  arrest,  delivery,  or  surrender 
be  not  made  within  ten  days  after  judgment,  the  bail  are  finally 
charged  on  their  undertaking,  and  bound  to  pay  the  amount  of  the 
judgment  within  ten  days  thereafter. 

302.  Bail,  how  proceeded  against. — If  the  bail  neglect  or  refuse 
to  pay  the  judgment  within  ten  days  after  they  are  finally  charged, 
an  action  may  be  commenced  against  such  bail  for  the  amount  of  the 
'original  judgment. 

Cross-Refekencb 

Obligations  of  bail,  see  title  3,  section  2049. 

303.  Bail,  how  exonerated. — The  bail  are  exonerated  by  the  death 
of  the  defendant  or  his  imprisonment  in  jail  or  in  the  penitentiar}'. 
or  by  his  legal  discharge  from  the  obligation  to  render  himself 
amenable  to  the  process. 

365 


T.4,  §304]  THE  CODE  OF  CIVIL  PROCEDURE 

304.  Delivery  of  undertaking  to  plaintiff,  and  its  acceptance  or 
rejection  by  him.— Within  the  time  limited  for  that  purpose,  the 

marshal  must  file  the  order  of  arrest  in  the  office  of  the  clerk  of  the 
court  in  which  the  action  is  pending,  with  his  return  indorsed  thereon, 
together  with  a  copy  of  the  undertaking  of  the  bail.  The  original 
undertaking  he  must  retain  in  his  possession  until  filed,  as  herein 
provided.  The  plaintiff,  within  ten  days  thereafter,  may  serve  upon 
the  marshal  a  notice  that  he  does  not  accept  the  bail,  or  he  is  deemed 
to  have  accepted  them,  and  the  marshal  is  exonerated  from  liability. 
If  no  notice  he  served  within  ten  days,  the  original  undertaking 
must  be  filed  with  the  clerk  of  the  court. 

305.  Notice  of  justification;  new  undertaking,  if  other  bail. — 

Within  five  days  after  the  receipt  of  notice,  the  marshal  or  defend- 
ant may  give  to  the  plaintiff  or  his  attorney  notice  of  the  justifica- 
tion of  the  same,  or  other  bail  (specifying  the  places  of  residence  and 
occupations  of  the  latter),  before  the  judge  or  clerk  of  the  court,  at 
a  specified  time  and  place ;  the  time  to  be  not  less  than  five  nor  more 
than  ten  days  thereafter,  except  by  consent  of  the  parties.  In  case 
other  bail  be  given,  there  must  be  a  new  undertaking. 

Cross-References 

Justification  of  bail,  see  section  307  of  tliis  title. 
Filing  of  undertaking,  see  section  294  of  this  title. 

306.  Qualifications   of   bail. — The   qualifications  of  bail   are  as 

follows : 

1.  Each  of  them  must  be  a  resident  of  the  Canal  Zone. 

2.  Each  must  be  worth  the  amount  specified  in  the  order  of 
arrest,  or  the  amount  to  which  the  order  is  reduced,  as  provided  in 
this  article,  over  and  above  all  his  debts  and  liabilities,  exclusive 
of  i^roperty  exempt  from  execution;  but  the  judge  or  clerk,  on  justi- 
fication, may  allow  more  than  two  sureties  to  justify  severally,  in 
amounts  less  than  that  expressed  in  the  order,  if  the  whole  justifica- 
tion be  equivalent  to  that  of  two  sufficient  bail. 

Cross-Rhfebencb 
Qualifications  of  bail,  see  also  section  963  of  this  title. 

307.  Justification  of  bail. — For  the  purpose  of  justification,  each 
of  the  bail  must  attend  before  the  judge  or  clerk,  at  the  time  and 
place  mentioned  in  the  notice,  and  may  be  examined  on  oath  on  the 
part  of  the  plaintiff,  touching  his  sufficiency,  in  such  manner  as  the 
judge  or  clerk,  in  his  discretion,  may  think  proper.  The  examina- 
tion must  be  reduced  to  writing,  and  subscribed  by  the  bail,  if 
required  by  the  plaintiff. 

308.  Allowance  of  bail. — If  the  judge  or  clerk  find  the  bail  suffi- 
cient, he  must  annex  the  examination  to  the  undertaking,  indorse 
his  allowance  thereon,  and  cause  them  to  be  filed,  and  the  marshal 
is  thereupon  exonerated  from  liability. 

309.  Deposit  of  money  with  marshal. — The  defendant  may,  at 
the  time  of  his  arrest,  instead  of  giving  bail,  deposit  with  the  mar- 
shal the  amount  mentioned  in  the  order.     In  case  the  amount  of  the 

366 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  315 

bail  be  reduced,  as  provided  in  this  article,  the  defendant  may  de- 
posit such  amount  instead  of  giving  bail.  In  either  case  the  marshal 
must  give  the  defendant  a  certificate  of  the  deposit  made,  and  the 
defendant  must  be  discharged  from  custody. 

Cross-Reifbrence 
Deposit  of  money,  see  section  298  of  this  title. 

310.  Payment  of  money  into  court  by  marshal. — The  marshal 

must,  immediately  after  the  deposit,  pay  the  same  into  court,  and 
take  from  the  clerk  receiving  the  same  two  certiiicates  of  such  pay- 
ment, the  one  of  which  he  shall  deliver  to  the  plaintiff's  attorney, 
and  the  other  to  the  defendant.  For  any  default  in  making  such 
payment,  the  same  proceedings  may  be  had  on  the  official  bond  of 
the  marshal,  to  collect  the  sum  deposited,  as  in  other  cases  of 
delinquency. 

311.  Substituting  bail  for  deposit. — If  money  is  deposited,  as  pro- 
vided in  sections  309  and  310  of  this  title,  bail  may  be  given  and  may 
justify  upon  notice,  at  any  time  before  judgment;  and  on  the  filing 
of  the  undertaking  and  justification  with  the  clerk,  the  money  de- 
posited must  be  refunded  to  the  defendant. 

312.  Money    deijosited,    how    applied    or    disposed    of. — Where 

money  has  been  deposited,  if  it  remain  on  deposit  at  the  time  of  the 
recovery  of  a  judgment  in  favor  of  the  plaintiff,  the  clerk  must, 
under  the  direction  of  the  court,  apply  the  same  in  satisfaction 
thereof;  and  after  satisfying  the  judgment,  refund  the  surplus,  if 
any,  to  the  defendant.  If  the  judgment  is  in  favor  of  the  defendant, 
the  clerk  must,  under  like  direction  of  the  court,  refund  to  him  the 
whole  sum  deposited  and  remaining  unapplied. 

313.  Marshal,  when  liable  as  bail,  and  his  discharge  from  lia- 
bility.— If,  after  being  arrested,  the  defendant  escape  or  is  rescued, 
the  marshal  is  liable  as  bail ;  but  he  may  discharge  himself  from  such 
liability  by  the  giving  of  bail  at  any  time  before  judgment. 

314.  Proceedings  on  judgment  against  marshal. — If  a  judgment 

is  recovered  against  the  marshal  upon  his  liability  as  bail,  and 
an  execution  thereon  is  returned  unsatisfied  in  whole  or  in  part,  the 
same  proceedings  may  be  had  on  his  official  bond,  for  the  recovery 
of  the  whole  or  any  defi.ciency,  as  in  other  cases  of  delinquency. 

315.  Motion  to  vacate  order  of  arrest  or  reduce  bail;  aflSdavits 
on  motion. — A  defendant  arrested  may,  at  any  time  before  the  trial 
of  the  action,  or  if  there  be  no  trial,  before  the  entry  of  judgment, 
apply  to  the  court  or  judge,  upon  reasonable  notice,  to  vacate  the 
order  of  arrest  or  to  reduce  the  amount  of  bail.  If  the  application 
be  made  upon  affidavits  on  the  part  of  the  defendant,  but  not  other- 
wise, the  plaintiff  may  oppose  the  same  by  affidavits  or  other  proofs, 
in  addition  to  those  on  which  the  order  of  arrest  was  made. 

Cross-Refeeence 

Discharge  of  persons  imprisoned  on  civil  process,  see  sections  1121  et  seq.,  of 
this  title. 

367 


T.  4,  §  316] 


THE  CODE  OF  CIVIL  PROCEDURE 


316.  When  the  order  vacated  or  bail  reduced. — If,  upon  such  ap- 
plication, it  apiDcars  that  there  was  not  sufficient  cause  for  the  arrest, 
the  order  must  be  vacated ;  or  if  it  appears  that  the  bail  was  fixed  too 
high,  the  amount  must  be  reduced. 


ARTICLE  2— CLAIM  AND  DELIVERY  OF  PERSONAL  PROPERTY 


Sec. 
321. 


Delivery    of    personal    property,    when 

it  may  be  ciaimed. 
Affidfivit  and  its  requisites. 
Requisition    to    marshal    to    take    and 

deliver  the  property. 
Security   on    the   part  of   the  plaintiff, 

and     proceedings     in     serving     the 

order. 
Exception  to  sureties  and  proceedings 

thereon,   or   on   failure   to   except. 
326.   Defendant,  when  entitled  to  redelivery. 


399 
323! 

324. 


325. 


Sec. 

M27.  Justification  of  defendant's  sureties. 

328.  Qualifications  of  sureties. 

329.  Property,    how   taken    when    concealed 

in  building  or  inclosure. 

330.  Property,  how  kept. 

331.  Claim   of   property   by   third   person. 

332.  Notice  and  affldavit,  when  and   where 

to  be  filed. 

333.  Protection    of    plaintiff    in    possession 

of  property. 


321.  Delivery  of  personal  property,  when  it  may  be  claimed. — 

The  plaintili'  in  an  action  to  recover  the  possession  of  personal  prop- 
erty may,  at  the  time  of  issuing  the  summons,  or  at  any  time  before 
answer,  claim  the  delivery  of  such  property  to  him  as  provided  in 
this  article. 

Cross-Refekknces 

Joinder  of  action  to  recover  personal  property  with  damages  for  withholding, 
see  section  204  of  this  title. 

Claim  of  third  per.son  to  property,  see  section  589  of  this  title. 

Execution  for  the  delivery  of  personal  property,  how  executed,  see  section 
583  of  this  title. 

Verdict  and  judgment  in  action  to  recover  personal  property,  see  sections  484 
and  544  of  this  title. 

322.  Affidavit  and  its  requisites. — Where  a  delivery  is  claimed, 
an  affidavit  must  be  made  by  the  plaintiff,  or  by  someone  in  his 
behalf,  showing : 

1.  That  the  plaintiff  is  the  owner  of  the  property  claimed  (par- 
ticularly describing  it),  or  is  entitled  to  the  possession  thereof; 

2.  That  the  property  is  wrongfully  detained  by  the  defendant; 

3.  The  alleged  cause  of  the  detention  thereof,  according  to  his  best 
knowledge,  information,  and  belief; 

4.  That  it  has  not  been  taken  for  a  tax,  assessment,  or  fine,  pur- 
suant to  a  statute;  or  seized,  under  an  execution  or  an  attachment 
against  the  property  of  the  plaintiff;  or,  if  so  seized,  that  it  is  by 
statute  exempt  from  such  seizure; 

5.  The  actual  value  of  the  property. 

Ceoss-Reference 
Incorrect  statement  of  value  in  aifidavit,  see  section  275  of  this  title. 

323.  Requisition  to  marshal  to  take  and  deliver  the  property. — 

The  plaintiff'  or  his  attorney  may,  thereupon,  by  an  indorsement  in 
writing  upon  the  affidavit,  require  the  marshal  to  take  the  property 
from  the  defendant. 

324.  Security  on  the  part  of  the  plaintiff,  and  proceedings  in 
serving  the  order. — Upon  a  receipt  of  the  affidavit  and  notice,  with 
a  written  undertaking,  executed  by  two  or  more  sufficient  sureties, 
approved  by  the  marshal,  to  the  effect  that  they  are  bound  to  the 


368 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  327 

defendant  in  double  the  Vcalue  of  the  property  as  stated  in  the  affidavit 
for  the  prosecution  of  the  action,  for  the  return  of  the  property  to 
the  defendants,  if  return  thereof  be  adjudged,  and  for  the  payment 
to  him  of  such  sum  as  may  from  any  cause  be  recovered  against  the 
phiintiff,  the  marshal  must  forthwith  take  the  property  described 
in  the  affidavit,  if  it  be  in  the  possession  of  the  defendant  or  his 
agent,  and  retain  it  in  his  custody.  He  must,  without  delay,  serve  on 
the  defendant  a  copy  of  the  affidavit,  notice,  and  undertaking,  by 
delivering  the  same  to  him  personally,  if  he  can  be  found,  or  to  his 
agent  from  whose  possession  the  property  is  taken ;  or,  if  neither  can 
be  found,  by  leaving  them  at  the  usual  place  of  abode  of  either,  with 
some  person  of  suitable  age  and  discretion,  or,  if  neither  have  any 
known  place  of  abode,  by  putting  them  in  the  nearest  post  office, 
directed  to  the  defendant. 

Cros  s-Reifeben  ces 

Qualifications  of  sureties,  see  sections  306  and  963  of  this  title. 

Eeturn  of  property  to  defendant,  see  sections  484  and  544  of  this  title. 

Dismissal  of  action,  see  section  415  of  this  title. 

Value  stated  in  affidavit  not  conclusive  evidence,  see  section  275  of  this  title. 

325.  Exception  to  sureties  and  proceedings  thereon,  or  on  fail- 
ure to  except. — The  defendant  may,  within  two  days  after  the  serv- 
ice of  a  copy  of  the  affidavit  and  undertaking,  give  notice  to  the 
marshal  that  he  excepts  to  the  sufficiency  of  the  sureties.  If  he  fails 
to  do  so,  he  is  deemed  to  have  waived  all  objections  to  them.  When 
the  defendant  excepts,  the  sureties  must  justify  on  notice  in  like 
manner  as  upon  bail  on  arrest;  and  the  marshal  is  responsible  for 
the  sufficiency  of  the  sureties  until  the  objection  to  them  is  either 
waived  or  until  they  justify.  If  the  defendant  except  to  the  sureties, 
he  cannot  reclaim  the  property  as  provided  in  the  section  next 
following. 

Ceoss-Refekence 

Justification  of  sureties,  see  sections  300,  307,  and  963  of  this  title. 

326.  Defendant,  when  entitled  to  redelivery. — At  any  time  before 
the  delivery  of  the  property  to  the  plaintiff,  the  defendant  may,  if 
he  do  not  except  to  the  sureties  of  the  plaintiff,  require  the  return 
thereof,  upon  giving  to  the  marshal  a  written  undertaking,  executed 
by  two  or  more  sufficient  sureties,  to  the  effect  that  they  are  bound  in 
double  the  value  of  the  property,  as  stated  in  the  affidavit  of  the 
plaintiff,  for  the  delivery  thereof  to  the  plaintiff,  if  such  delivery 
be  adjudged,  and  for  the  payment  to  him  of  such  sum  as  may,  for 
any  cause,  be  recovered  against  the  defendant.  If  a  return  of  the 
property  be  not  so  required  within  five  days  after  the  taking  and 
service  of  notice  to  the  defendant,  it  must  be  delivered  to  the  plain- 
tiff, excej3t  as  provided  in  section  331  of  this  title. 

Cross-Refeeence 

Qualifications  of  sureties,  sections  306,  307,  and  9G3  of  this  title. 

327.  Justification  of  defendant's  sureties. — The  defendant's  sure- 
ties, upon  notice  to  the  plaintiff  of  not  less  than  two  or  more  than 

369 


T.  4,  §  328]  THE  CODE  OF  CIVIL  PROCEDURE 

five  days,  must  justify  before  the  judge  or  clerk  of  the  court,  in  the 
same  manner  as  upon  bail  on  arrest;  and  uj^on  such  justification  the 
marshal  must  deliver  the  property  to  the  defendant.  The  marshal 
is  responsible  for  the  defendant's  sureties  until  they  justify,  or  until 
the  justification  is  completed  or  waived,  and  may  retain  the  prop- 
erty until  that  time.  If  they,  or  others  in  their  place,  fail  to  justify 
at  the  time  and  place  appointed,  he  must  deliver  the  property  to  the 
plaintiff. 

328.  Qualifications  of  sureties. — The  qualifications  of  sureties 
must  be  such  as  are  prescribed  b}^  this  title,  in  respect  to  bail  upon 
an  order  of  arrest. 

Cross-Refehencb 

Qualifications  of  sureties,  see  sections  306,  307,  and  963  of  this  title. 

329.  Property,  how  taken  when  concealed  in  building  or  in- 
closure. — If  the  property,  or  any  part  thereof,  be  concealed  in  a 
building  or  inclosure,  the  marshal  must  publicly  demand  its  deliv- 
ery. If  it  be  not  delivered,  he  must  cause  the  building  or  inclosure 
to  be  broken  open,  and  take  the  propert}'^  into  his  possession. 

330.  Property,  how  kept. — When  the  marshal  has  taken  prop- 
erty, as  in  this  article  provided,  he  must  keep  it  in  a  secure  place, 
and  deliver  it  to  the  party  entitled  thereto,  upon  receiving  his  fees 
for  taking  and  his  necessary  expenses  for  keeping  the  same. 

331.  Claim  of  property  by  third  person. — If  the  property  taken 
be  claimed  by  any  other  person  than  the  defendant  or  his  agent, 
and  such  person  make  affidavit  of  his  title  thereto,  or  right  to  the 
possession  thereof,  stating  the  grounds  of  such  title  or  right,  and 
serve  the  same  upon  the  marshal,  the  marshal  is  not  bound  to  keep 
the  property  or  deliver  it  to  the  plaintiff,  unless  the  plaintiff,  on 
demand  of  him  or  his  agent,  indemnify  the  marshal  against  such 
claim,  by  an  undertaking  by  two  sufficient  sureties;  and  no  claim 
to  such  property  by  any  other  person  than  the  defendant  or  his  agent 
is  valid  against  the  marshal  unless  so  made. 

332.  Notice  and  affidavit,  when  and  where  to  be  filed. — The  mar- 
shal must  file  the  notice,  undertaking,  and  affidavit,  with  his  pro- 
ceedings thereon,  with  the  clerk  of  the  court,  within  twenty  days 
after  taking  the  property  mentioned  therein. 

333.  Protection  of  plaintiff  in  possession  of  property. — After  the 

property  has  been  delivered  to  the  phiintift'  as  in  this  article  pro- 
vided, the  court  shall,  by  appropriate  order,  protect  the  plaintiff  in 
possession  of  said  property  until  the  final  determination  of  the  action. 

ARTICLE  3.— INJUNCTION 


Sec. 

341.  Injunction,    what    Is,    and    who    may 

Krant  it. 

342.  When    injunction    may    be    granted    or 

may  not. 

343.  nijnnction;   time  of  granting;  service 

of  copy. 


Sec. 

;)44.   Injunction  after  nnswer. 
;'.45.   Security   upon   injunction. 
;546.  Motion    to    vacate    or    modify    injunc- 
tion ;  procedure. 


341.  Injunction,  what  is,  and  who  may  grant  it. — An  injunction 
is  a  writ  or  order  requiring  a  person  to  refrain  from  a  particular 


370 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  343 

act.  It  may  be  granted  by  the  district  court,  or  the  judge  thereof, 
in  any  action  brought  in  said  court;  and  when  granted  by  the  judge, 
it  may  be  enforced  as  an  order  of  the  court. 

Ceoss-References 

Disobedience  to  injunction  as  contempt,  see  section  11G3  of  this  title. 

Limitations,  liow  affected  by  injunction,  see  section  107  of  this  title. 

Proceedings  to  obtain  injunction,  see  sections  343  to  346  of  this  title. 

Power  to  grant  injunction  in  chambers,  see  section  27  of  this  title. 

Review  of  interlocutory  order  or  decree,  granting,  continuing,  modifying, 
refusing,  or  dissolving  an  injunction,  see  U.S.  Code,  title  28,  section  227  (appen- 
dix, p.  i)S2) . 

342.  When  injunction  may  be  granted  or  may  not. — An  injunc- 
tion ma}^  be  granted  in  the  following  cases : 

1.  When  it  appears  by  the  complaint  that  the  plaintiff  is  entitled 
to  the  relief  demanded,  and  such  relief,  or  any  part  thereof,  con- 
sists in  restraining  the  commission  or  continuance  of  the  act  com- 
plained of,  either  for  a  limited  period  or  perpetually; 

2.  When  it  appears  by  the  complaint  or  affidavits  that  the  com- 
mission or  continuance  of  some  act  during  the  litigation  would  pro- 
duce waste,  or  great  or  irreparable  injury,  to  a  party  to  the  action; 

3.  When  it  appears,  during  the  litigation,  that  a  party  to  the 
action  is  doing,  or  threatens,  or  is  about  to  do,  or  is  procuring  or 
suffering  to  be  done,  some  act  in  violation  of  the  rights  of  another 
party  to  the  action  respecting  the  subject  of  the  action,  and  tending 
to  render  the  judgment  ineffectual; 

4.  When  pecuniary  compensation  would  not  afford  adequate  relief ; 

5.  Where  it  would  be  extremely  difficult  to  ascertain  the  amount 
of  compensation  which  -should  afford  adequate  relief; 

6.  Where  the  restraint  is  necessary  to  prevent  a  multiplicity  of 
judicial  proceedings ; 

7.  Where  the  obligation  arises  from  a  trust. 
An  injunction  cannot  be  granted : 

1.  To  stay  a  judicial  proceeding  pending  at  the  commencement  of 
the  action  in  which  the  injunction  is  demanded,  unless  such  restraint 
is  necessary  to  prevent  a  multiplicity  of  such  proceedings; 

2.  To  prevent  the  execution  of  a  public  statute  by  officers  of  the 
law  for  the  public  benefit; 

3.  To  prevent  the  breach  of  a  contract,  the  performance  of  which 
would  not  be  specifically  enforced; 

4.  To  prevent  the  exercise  of  a  public  or  private  office,  in  a  lawful 
manner,  by  the  person  in  possession. 

Cross-Refeeences 

Effect  of  granting  on  statute  of  limitations,  see  section  107  of  this  title. 
Preventive  relief  only  given  in  specified  cases,  see  title  3,  section  2611. 
Not  granted  to  enforce  forfeiture  or  penalty,  see  title  3,  section  2684. 
Preventive  relief,  how  given,  see  title  3,  section  2683. 
Enjoining  nuisance,  see  section  651 ;  and  title  3,  section  2684. 
Mortgage,  restraining   party    in    possession    from    waste   during   foreclosure, 
see  section  668  of  this  title. 

343.  Injunction;  time  of  granting;  service  of  copy. — An  injunc- 
tion may  be  granted  at  any  time  before  judgment  upon  a  verified 
complaint,  or  upon  affidavits  if  the  complaint  in  the  one  case,  or 

371 


T.4,  §344]  THE  CODE  OF  CIVIL  PROCEDURE 

Ihe  affidavits  in  the  other,  show  satisfactorily  that  sufficient  grounds 
exist  tlierefor.  A  copy  of  tlie  complaint  or  of  the  affidavits,  upon 
which  the  injunction  was  granted,  must,  if  not  previously  served, 
be  served  therewith. 

Notice. — No  preliminary  injunction  shall  be  granted  without  notice 
to  the  opposite  party;  nor  shall  any  temporary  restraining  order 
be  granted  without  notice  to  the  opposite  party,  unless  it  shall  appear 
from  facts  shown  by  affidavit  or  by  the  verified  complaint  that 
great  or  irreparable  injury  would  result  to  the  applicant  before  the 
matter  can  be  heard  on  notice.  In  case  a  temporary  restraining 
order  shall  be  granted  without  notice,  in  the  contingency  above  speci- 
fied, the  matter  shall  be  made  returnable  on  an  order  requiring 
cause  to  be  shown  why  the  injunction  should  not  be  granted,  on  the 
earliest  day  that  the  business  of  the  court  will  admit  of,  but  not 
later  than  ten  days  from  the  date  of  such  order. 

Party  obtaining  order  must  be  ready;  service  of  complaint, 
APFiDAviTS  AND  POINTS  AND  AUTHORITIES. — When  the  matter  first  comes 
up  for  hearing  the  party  who  obtained  the  temporary  restraining 
order  must  be  ready  to  proceed  and  must  have  served  upon  the 
opposite  party  at  least  two  days  prior  to  such  hearing,  a  copy  of 
the  complaint  and  of  all  affidavits  to  be  used  in  such  application  and 
a  copy  of  his  points  and  authorities  in  support  of  such  application; 
if  he  be  not  ready,  or  if  he  shall  fail  to  serve  a  copy  of  his  complaint, 
affidavits  and  points  and  authorities,  as  herein  required,  the  court 
shall  dissolve  the  temporary  restraining  order. 

Defendant  entitled  to  continuance. — The  defendant,  however, 
shall  be  entitled,  as  of  course,  to  one  continuance  for  a  reasonable 
period,  if  he  desires  it,  to  enable  him  to  meet  the  application  for  the 
preliminary  injunction. 

Counter-affidavits, — The  defendant  may,  in  response  to  such 
order  to  show  cause,  present  affidavits  relating  to  the  granting  of 
the  preliminary  injunction,  and  if  such  affidavits  are  served  on  the 
applicant  at  least  two  days  prior  to  the  hearing,  the  applicant  shall 
not  be  entitled  to  any  continuance  on  account  thereof. 

Precedence. — On  the  day  upon  which  such  order  is  made  return- 
able, such  hearing  shall  take  precedence  of  all  other  matters  on  the 
calendar  of  said  day,  except  older  matters  of  the  same  character,  and 
matters  to  which  special  precedence  may  be  given  by  law.  When 
the  cause  is  at  issue  it  shall  be  set  for  trial  at  the  earliest  possible 
date  and  shall  take  precedence  of  all  other  cases,  except  older  matters 
of  the  same  character,  and  matters  to  which  special  precedence  may 
be  given  by  law. 

344.  Injunction  after  answer. — An  injunction  cannot  be  allowed 
after  the  defendant  has  answered,  unless  upon  notice  or  Ujjon  an 
order  to  show  cause;  but  in  such  case  the  defendant  may  be  restrained 
until  the  decision  of  the  court  or  judge  granting  or  refusing  the 
injunction. 

345.  Security  upon  injunction. — On  granting  an  injunction,  the 
court  or  judge  must  require,  except  Avhen  it  is  granted  on  the  appli- 
cation of  the  Government,  or  a  wife  against  her  husband,  a  written 
undertaking  on  the  part  of  the  applicant,  with  sufficient  sureties, 

372 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  351 


to  the  effect  that  he  will  pay  to  the  party  enjoined  such  damages, 
not  exceeding  an  amount  to  be  specified,  as  such  party  may  sustain 
by  reason  of  the  injunction,  if  the  court  finally  decides  that  the 
applicant  was  not  entitled  thereto.  Within  five  days  after  the 
service  of  the  injunction,  the  person  enjoined  may  except  to  the 
sufficiency  of  the  sureties,  and  unless  within  five  days  thereafter,  upon 
notice  of  not  less  than  two  days  to  the  person  enjoined,  such  sureties, 
or  others  in  their  place,  justify  before  the  judge  or  clerk  of  the 
court  at  a  time  and  place  designated  in  such  notice,  the  order  granting 
the  injunction  must  be  dissolved. 

Ckoss-Reiferences 

Undertaking  delivered   to   defendant  on   dismissal,    see   section   415  of   this 
title. 

Qualifications  of  surietes,  see  sections  300  and  963  of  this  title. 
Justification  of  sureties,  see  section  307  of  tliis  title. 
Exception  to  sureties,  see  section  325  of  this  title. 

346.  Motion  to  vacate  or  modify  injunction;  procedure. — If  an 

injunction  is  granted  without  notice  to  the  person  enjoined,  he  may 
apply,  upon  reasonable  notice  to  the  district  court  or  judge,  to  dis- 
solve or  modify  the  same.  The  application  may  be  made  upon  the 
complaint  or  the  affidavit  on  which  the  injunction  was  granted,  or 
upon  affidavit  on  the  part  of  the  person  enjoined,  with  or  without 
the  answer.  If  the  application  is  made  upon  affidavits  on  the  part 
of  the  person  enjoined,  but  not  otherwise,  the  person  against  whom 
the  application  is  made  may  oppose  the  same  by  affidavits  or  other 
evidence  in  addition  to  that  on  which  the  injunction  was  granted. 

Cross-Refeeences 

Vacating  orders  made  out  of  court,  see  section  861  of  this  title. 
Appeal  from  refusal  to  dissolve,  or  modify  injunction,  see  U.S.  Code,  title  28, 
section  227  (appendix,  p.  982). 


ARTICLE  4.— ATTACHMENT 


Sec. 
351. 

352. 
353. 

354. 

355. 

356. 

357. 

S58. 

359. 
360. 
361. 

362. 

363. 


Attacliment,  when  and  in  what  cases 
may  issue. 

-XfBdavit  for  attachment. 

Undertaking  on  attachment ;  excep- 
tions to  sureties. 

Wi-it,  to  whom  directed  and  what  to 
state. 

Shares  of  stock  and  debts  due  de- 
fendant, how  attached  and  disposed 
of. 

How  real  and  personal  property  shall 
be  attached. 

Attachment   lien  on   real  property. 

Attorney  to  give  written  instructions 
to  marshal  what  to  attach. 

Garnishment,  when  garnishee  liable  to 
plaintiff. 

Citation  to  garnishee  to  appear  be- 
fore the  court  or  judge. 

Inventory,  how  made ;  party  refusing 
to  give  memorandum  may  be  com- 
pelled to  pay  costs. 

Perishable  property,  how  sold ;  dispo- 
sition of  proceeds ;  accounts  to  be 
collected  without  suit. 

Property  attached  may  be  sold  as 
uniliT  execution,  if  the  interests  of 
the  parties  require. 


Sec. 

364.  When    property    claimed    by    a    third 

party,  how  tried. 

365.  If     plaintiff    obtains     judgment,     how 

satisfied. 
306.   When    there    remains    a    balance    due, 

how  collected. 
367.  When  suits  may  be  commenced  on  the 

uudeitaking. 
308.  If  defendant  recovers  judgment,  what 

the  marshal  is  to  deliver. 

369.  Proceedings  to   release  attachments. 

370.  Requirements   by   court   for   release   of 

attachment. 

371.  When    a    motion    to    discharge    attach- 

ment may  be  made,  and  upon  what 
grounds. 

372.  When    motion    made    on    affidavit,    it 

may   he   opposed   by  affidavit. 

373.  When  writ  must  be  discharged. 
!74.   When  writ  to  be  returned. 

375.  Release  of  real  property  from   attach- 

ment. 

376.  Attachment    of   interest    of   defendant 

in  estate  of  decedent. 


351.  Attachment,  when  and  in  what  cases  may  issue. — The 

plaintiff,  at  the  time  of  issuing  the  summons,  or  at  any  time  after- 


373 


T.  4,  §  352]  THE  CODE  OF  CIVIL  PROCEDURE 

ward,  may  have  the  property  of  the  defendant  attached,  as  security 
for  the  satisfaction  of  any  judgment  that  may  be  recovered,  unless 
the  defendant  give  security  to  pay  such  judgment,  as  in  this  article 
provided,  in  the  following  cases : 

1.  In  an  action  upon  a  contract,  express  or  implied,  for  the  direct 
payment  of  money,  where  the  contract  is  made  or  is  payable  in  the 
Canal  Zone,  and  is  not  secured  by  any  mortgage  or  lien  upon  real 
or  personal  property,  or  any  pledge  of  personal  property,  or,  if 
originally  so  secured,  such  security  has,  without  any  act  of  the  plain- 
tiff, or  the  person  to  whom  the  security  was  given,  become  valueless. 

2.  In  an  action  upon  a  contract,  express  or  implied,  against  a 
defendant  not  residing  in  the  Canal  Zone. 

3.  In  an  action  against  a  defendant,  not  residing  in  the  Canal 
Zone,  to  recover  a  sum  of  money  as  damages,  arising  from  an  injury 
to  property  in  the  Zone,  in  consequence  of  negligence,  fraud,  or  other 
wrongful  act. 

Ckoss-Refeeences 

Garnishment,  see  sections  356,  and  358  to  360  of  this  title. 
Attacliments  in  magistrates'  courts,  see  sections  741  to  744  of  this  title. 

352.  Affidavit  for  attachment. — The  clerk  of  the  court  must  issue 
the  writ  of  attachment  upon  receiving  an  affidavit  by  or  on  behalf 
of  the  plaintiff  showing: 

1.  The  facts  specified  in  the  next  preceding  section  which  entitle 
him  to  the  writ; 

2.  The  amount  of  the  indebtedness  claimed,  over  and  above  all 
legal  set-offs  or  counterclaims,  or  the  amount  claimed  as  damages; 
and 

3.  That  the  attachment  is  not  sought,  and  the  action  is  not  prose- 
cuted, to  hinder,  delay,  or  defraud  any  creditor  of  the  defendant. 

353.  Undertaking  on  attachment;  exceptions  to  sureties. — Be- 
fore issuing  the  writ,  the  clerk  must  require  a  written  undertaking 
on  the  part  of  the  plaintiff,  in  a  sum  not  less  than  $200  and  not 
exceeding  the  amount  claimed  by  the  plaintiff,  with  sufficient  sureties, 
to  the  effect  that  if  the  defendant  recovers  judgment,  the  plaintiff 
will  pay  all  costs  that  may  be  awarded  to  the  defendant  and  all 
damages  which  he  may  sustain  by  reason  of  the  attachment,  not 
exceeding  the  sum  specified  in  the  undertaking,  and  that  if  the 
attachment  is  discharged  on  the  ground  that  the  plaintiff  was  not 
entitled  thereto  under  section  351  of  this  title,  the  plaintiff  will  pay 
all  damages  which  the  defendant  may  have  sustained  by  reason  of 
the  attachment,  not  exceeding  the  sum  specified  in  the  undertaking. 
At  anj^  time  after  the  issuing  of  the  attachment,  but  not  later  than 
five  days  after  actual  notice  of  the  levy  thereof,  the  defendant 
may  except  to  the  sufficiency  of  the  sureties.  If  he  fails  to  do  so, 
he  is  deemed  to  have  waived  all  objections  to  them.  When  excepted 
to,  the  plaintiff's  sureties,  upon  notice  to  the  defendant  of  not  less 
than  two  or  more  than  five  days,  must  justify  before  the  judge  or 
clerk  of  the  court  in  the  same  manner  as  upon  bail  on  arrest;  and 
upon  failure  to  justify,  or  if  others  in  their  place  fail  to  justify,  at 
the  time  and  place  appointed,  the  judge  or  clerk  must  issue  an  order 
vacating  the  writ  of  attachment, 

874 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  355 

CR08S-ReFE3RENCES 

Justification  of  sureties,  see  sections  307  and  370  of  tliis  title. 

Qualifications  of  sureties,  see  section  SJC3  of  this  title. 

Undertaking  to  discharge  attachment,  see  section  370  of  this  title. 

Counter-undertaking  to  prevent  levy,  see  section  354  of  this  title. 

Dismissal  of  action  on,  see  section  415  of  this  title. 

Amendment  of  undertaking  for  attachment,  see  section  373  of  this  title. 

354.  Writ,  to  whom  directed  and  what  to  state. — The  writ  must 
be  directed  to  the  marshal,  and  must  require  him  to  attach  and  safely 
keep  all  the  property  of  such  defendant  within  the  Canal  Zone  not 
exempt  from  execution,  or  so  much  thereof  as  may  be  sufficient  to 
satisfy  the  plaintiff's  demand  against  such  defendant,  the  amount  of 
which  must  be  stated  in  conformity  with  the  complaint,  unless  such 
defendant  give  him  security  by  the  undertaking  of  at  least  two  suf- 
ficient sureties  in  an  amount  sufficient  to  satisfy  such  demand  against 
such  defendant,  besides  costs,  or  in  an  amount  equal  to  the  value  of 
the  property  of  such  defendant  which  has  been  or  is  about  to  be 
attached ;  in  which  case  to  take  such  undertaking. 

If  more  than  one  defendant. — In  the  event  that  the  action  is 
against  more  than  one  defendant,  any  defendant  whose  property 
has  been  or  is  about  to  be  attached  in  such  action  may  give  the 
marshal  such  undertaking,  and  the  marshal  shall  take  the  same, 
and  such  undertaking  shall  not  subject  such  defendant  to  or  be 
answerable  for  any  demand  against  any  other  defendant,  nor  shall 
the  marshal  thereby  be  prevented  from  attaching  or  be  obliged  to 
release  from  attachment,  any  property  of  any  other  defendant: 
Provided^  however^  That  such  defendant,  at  the  time  of  giving  such 
undertaking  to  the  marshal,  shall  file  with  the  marshal,  a  state- 
ment, duly  verified  under  oath,  wherein  such  defendant  shall  aver 
and  declare  that  the  other  defendant  or  defendants  in  the  action 
in  which  said  undertaking  was  given  has  or  have  not  any  interest 
or  claim  of  any  nature  whatsoever  in  or  to  said  property.  Such 
statement  must  further  contain  the  character  of  such  defendant's 
title  and  the  manner  in  which  he  acquired  title  to  such  attached 
property:  Provided  further^  That  before  said  attachment  shall  be 
released,  the  undertaking  required  by  this  section  must  be  approved 
by  the  judge  or,  in  the  absence  or  disability  of  the  judge,  by  the 
clerk  of  the  court. 

Ckoss-Reference 
Suit  on  undertaking,  see  section  367  of  this  title. 

355.  Shares  of  stock  and  debts  due  defendant,  how  attached 
and  disposed  of. — The  rights  or  shares  which  the  defendant  may 
have  in  the  stock  of  any  corporation  or  company,  together  with  the 
interest  and  profit  thereon,  and  all  debts  due  such  defendant,  and  all 
other  property  in  the  Canal  Zone  of  such  defendant  not  exempt  from 
execution,  may  be  attached,  and  if  judgment  be  recovered,  be  sold 
to  satisfy  the  judgment  and  execution. 

Cross-Refeeences 

Garnishment  generally,  see  sections  358  to  360  of  this  title. 

Mortgaged  personal  property,   attachment  of,   see  title  3,   section  2268. 

What  is  property,  see  section  8  of  this  title. 

375 


T.  4,  §  356]  THE  CODE  OF  CIVIL  PROCEDURE 

356.  How  real  and  personal  property  shall  be  attached. — The 

marshal  to  whom  the  writ  is  directed  and  delivered,  must  execute 
the  same  without  delay,  and  if  the  undertaking  mentioned  in  section 
854  of  this  title  be  not  given,  as  follows : 

1.  Real  property  must  be  attached,  by  filing  with  the  registrar 
of  property  a  copy  of  the  writ,  together  with  a  description  of  the 
property  attached,  and  a  notice  that  it  is  attached;  and  by  leaving 
a  similar  copy  of  the  writ,  description,  and  notice  with  an  occupant 
of  the  property,  if  there  is  one;  if  not,  then  by  posting  the  same  in 
a  conspicuous  place  on  the  property  attached. 

2.  Real  property,  or  an  interest  therein,  belonging  to  the  defend- 
ant, and  held  by  any  other  person,  must  be  attached,  by  filing  with 
the  registrar  of  property  a  copy  of  the  writ,  together  with  a  descrip- 
tion of  the  property,  and  a  notice  that  such  real  property,  and  any 
interest  of  the  defendant  therein,  held  by  or  standing  in  the  name 
of  such  other  person  (naming  him),  are  attached;  and  by  leaving 
with  the  occupant,  if  any,  and  with  such  other  person,  or  his  agent, 
if  known  and  within  the  Canal  Zone,  or  at  the  residence  of  either, 
if  within  the  Canal  Zone,  a  copy  of  the  writ,  with  a  similar  descrip- 
tion and  notice.  If  there  is  no  occupant  of  the  property,  a  copy  of 
the  writ,  together  with  such  description  and  notice,  must  be  posted 
in  a  conspicuous  place  upon  the  property.  The  registrar  must 
index  such  attachment  when  filed,  in  the  names,  both  of  the 
defendant  and  of  the  person  by  whom  the  property  is  held. 

3.  Personal  property,  capable  of  manual  delivery,  must  be 
attached  by  taking  it  into  custody. 

4.  Stocks  or  shares,  or  interest  in  stocks  or  shares,  of  any  cor- 
poration or  company,  must  be  attached  by  leaving  with  the  presi- 
dent, or  other  head  of  the  same,  or  the  secretary,  cashier,  or  other 
managing  agent  thereof,  a  copy  of  the  writ,  and  a  notice  stating 
that  the  stock  or  interest  of  the  defendant  is  attached,  in  pursuance 
of  such  writ. 

5.  Debts  and  credits  and  other  personal  property,  not  capable  of 
manual  delivery,  must  be  attached  by  leaving  with  the  person 
owing  such  debts,  or  having  in  his  possession,  or  under  his  control, 
such  credits  and  other  personal  property,  or  with  his  agent,  a  copy 
of  the  writ,  and  a  notice  that  the  debts  owing  by  him  to  the  defend- 
ant, or  the  credits  and  other  personal  property  in  his  possession,  or 
under  his  control,  belonging  to  the  defendant,  are  attached  in  pur- 
suance of  such  writ,  except  in  the  case  of  attachment  of  growing 
crops,  a  copy  of  the  writ,  together  with  a  description  of  the  prop- 
erty attached,  and  a  notice  that  it  is  attached,  shall  be  recorded  the 
same  as  in  the  attachment  of  real  property. 

Cross-References 

Attachment  lien,  see  title  3.  section  2316. 

Fraudulent  transfers,  see  title  3,  sections  2753,  and  2761  to  2703. 

Attachment  of  mortgaged  property,  see  title  3,  sections  226S  to  2-70. 

357.  Attachment  Hen  on  real  property. — The  lien  of  the  attach- 
ment on  real  property  attaches  and  becomes  effective  upon  the 
filing  of  a  copy  of  the  writ,  together  with  a  description  of  the  prop- 
erty attached  and  a  notice  that  it  is  attached,  with  the  registrar  of 

876 


<l 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  360 

property:  Provided,  however,  That  in  event  that  the  marshal  does 
not  complete  the  execution  of  said  writ  in  the  manner  prescribed 
in  the  next  preceding  section  within  a  period  of  fifteen  days  next 
following  said  filing  in  the  registrar's  office  then  said  lien  shall  cease 
at  the  expiration  of  said  period  of  fifteen  days. 

Expiration;  extension. — The  attachment  whether  heretofore 
levied  or  hereafter  to  be  levied  shall  be  a  lien  upon  all  real  property 
attached  for  a  period  of  three  years  after  the  date  of  levy  unless 
sooner  released  or  discharged  as  provided  in  this  article,  by  dis- 
missal of  the  action  or  by  entry  and  docketing  of  judgment  in  the 
action.  At  the  expiration  of  three  years  the  lien  shall  cease  and  any 
proceeding  or  proceedings  against  the  property  under  the  attach- 
ment shall  be  barred :  Provided,  That  upon  motion  of  a  party  to 
the  action,  made  not  less  than  five  nor  more  than  sixty  days  before 
the  expiration  of  said  period  of  three  years,  the  court  in  which  the 
action  is  pending  may  extend  the  time  of  said  lien  for  a  period  not 
exceeding  two  years  from  the  date  on  which  the  original  lien  would 
expire,  and  the  lien  shall  be  extended  for  the  period  specified  in  the 
order  upon  the  filing,  before  the  expiration  of  the  existing  lien,  of  a 
certified  copy  of  the  order  with  the  registrar  of  propert}^  The  lien 
ma}^  be  extended  from  time  to  time  in  the  manner  herein  prescribed. 

CK08S-RE3FEKENCES 

Extinction  of  lien  by  sale  of  property,  see  title  3,  seciion  2222. 
Lien  of  ofBeer  attaching  property,  see  title  3,  section  2316. 
Lien  transfers  n(.)  title,  see  title  3,  section  2191. 

358.  Attorney  to  give  written  instructions  to  marshal  what  to 
attach. — Upon  receiving  information  in  writing  from  the  plaintiff 
or  his  attorney,  that  any  person  has  in  his  possession,  or  under  his 
control,  any  credits  or  other  personal  property  belonging  to  the 
defendant,  or  is  owing  any  debt  to  the  defendant,  the  marshal  must 
serve  upon  such  person  a  copy  of  the  writ,  and  a  notice  that  such 
credits,  or  other  property  or  debts,  as  the  case  may  be,  are  attached 
in  pursuance  of  such  writ. 

359.  Garnishment,  when  garnishee  liable  to  plaintiif. — All  per- 
sons having  in  their  possession,  or  under  their  control,  any  credits 
or  other  personal  property  belonging  to  the  defendant,  or  owing 
any  debts  to  the  defendant  at  the  time  of  service  upon  them  of  a 
copy  of  the  writ  and  notice,  as  provided  in  sections  357  and  358  of 
this  title,  shall  be,  unless  such  property  be  delivered  up  or  trans- 
ferred, or  such  debts  be  paid  to  the  marshal,  liable  to  the  plaintiff 
for  the  amount  of  such  credits,  property,  or  debts,  until  the  attach- 
ment be  discharged,  or  any  judgment  recovered  by  him  be  satisfied. 

360.  Citation  to  garnishee  to  appear  before  the  court  or  judge. — 

Any  person  owing  debts  to  the  defendant,  or  having  in  his  possession 
or  under  his  control,  any  credits  or  other  jDersonal  property  belonging 
to  the  defendant,  may  be  required  to  attend  before  the  court  or 
judge,  or  in  case  of  the  absence  or  disability  of  the  judge  by  the 
clerk  of  the  court,  and  be  examined  on  oath  respecting  the  same. 
The  defendant  may  also  be  required  to  attend  for  the  purpose  of 
giving  information  respecting  his  property,  and  may  be  examined 

93083—34 25  377 


T.4,  §361]  THE  CODE  OF  CIVIL  PROCEDURE 

Oil  oath.  The  court  or  judge  may,  after  such  examination,  order 
personal  property,  capable  of  manual  delivery,  to  be  delivered  to 
the  marshal  on  such  terms  as  may  be  just,  having  reference  to  any 
liens  thereon  or  claims  against  the  same,  and  a  memorandum  to 
be  given  of  all  other  personal  property,  containing  the  amount  and 
description  thereof. 

CEUSS-REFEaiKNCE 

Compare  proceedings  supplementary  to  execution,  see  sections  621  to  628  of 
this  title. 

361.  Inventory,  how  made;  party  refusing  to  give  memorandum 
may  be  compelled  to  pay  costs. — The  marshal  must  make  a  full  in- 
ventory of  the  property  attached,  and  return  tlie  same  witli  the  writ. 
To  enable  him  to  make  such  return  as  to  debts  and  credits  attached, 
he  must  request,  at  the  time  of  service,  the  party  owing  the  debt  or 
having  the  credit  to  give  him  a  memorandum,  stating  the  amount  and 
description  of  each;  and  if  such  memorandum  be  refused,  he  must 
return  the  fact  of  refusal  with  the  writ.  The  party  refusing  to  give 
the  memorandum  ma}'  be  required  to  pay  the  costs  of  any  proceedings 
taken  for  the  purpose  of  obtaining  information  respecting  the 
amounts  and  description  of  such  debt  or  credit. 

Ckoss-Refeeence 
Return  of  writ  generally,  see  section  374  of  this  title. 

362.  Perishable  property,  how  sold;  disposition  of  proceeds; 
accounts  to  be  collected  without  suit. — If  any  of  the  property 
attached  be  perishable,  the  marshal  must  sell  the  same  in  the  man- 
ner in  which  such  property  is  sold  on  execution.  The  proceeds,  and 
other  property  attached  by  him,  must  be  retained  by  him  to  answer 
any  judgment  that  may  be  recovered  in  the  action,  imlcss  sooner 
subjected  to  execution  upon  another  judgment  recovered  previous 
to  the  issuing  of  the  attachment.  Debts  and  credits  attached  may  be 
collected  by  him,  if  the  same  can  be  done  without  suit.  The  marshal's 
rceipt  is  a  sufficient  discharge  for  the  amount  paid. 

Cross-Reference 
Judgment,  how  satisfied,  see  section  365  of  this  ttile. 

363.  Property  attached  may  be  sold  as  under  execution,  if  the 
interests  of  the  parties  require. — Whenever  property  has  been  taken 
by  an  officer  under  a  writ  of  attachment,  and  it  is  made  to  ai)pear 
satisfactorily  to  the  court  or  the  judge  thereof  that  the  interest  of 
the  parties  to  the  action  will  be  subserved  by  a  sale  thereof,  the 
court  or  judge  ma}'  order  such  property  to  be  sold  in  the  same  manner 
as  property  is  sold  under  an  execution,  and  the  proceeds  to  l)e 
deposited  in  the  court  to  abide  the  judgment  in  the  action.  Such 
order  can  be  made  only  upon  notice  to  the  adverse  party  or  his 
attorney,  in  case  such  party  has  been  personally  served  with  a 
summons  in  the  action. 

361.  When  property  claimed  by  a  third  party,  how  tried. — If 

any  personal  property  attached   be  claimed  by  a  third  person  as 

8T8 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  309 

liis  property,  the  same  rules  shall  prevail  as  to  the  contents  and 
making  of  said  claim,  and  as  to  the  holding  of  said  jDi-operty,  as  in 
case  of  a  claim  after  levy  upon  execution,  as  })rovided  for  in  section 
589  of  this  title. 

365.  If  plaintiff  obtains  judgment,  how  satisfied. — If  judgment 
be  recovered  by  the  plaintiff,  the  marshal  must  satisfy  the  same  out 
of  the  property  attached  by  him  which  has  not  been  delivered  to  the 
defendant,  or  a  claimant  as  hereinbefore  provided,  or  subjected  to 
execution  on  another  judgment  recovered  previous  to  the  issuing  of 
the  attachment,  if  it  be  sufficient  for  that  purpose : 

1.  By  paying  to  the  plaintiff  the  proceeds  of  all  sales  of  perishable 
property  sold  by  him,  or  of  any  debts  or  credits  collected  by  him, 
or  so  much  as  shall  be  necessary  to  satisfy  the  judgment: 

2,  If  any  balance  remain  due,  and  an  execution  shall  have  been 
issued  on  the  judgment,  he  must  sell  under  the  execution  so  much 
of  the  property,  real  or  personal,  as  may  be  necessary  to  satisfy  the 
balance,  if  enough  for  that  purpose  remain  in  his  hands.  Notices 
of  the  sales  must  be  given,  and  the  sales  conducted  as  in  other  cases 
of  sales  on  execution. 

Cross-Refekences 

Sales  on  execution,  see  sections  592  to  610  of  this  title. 
Perishable  property,  how  sold,  see  section  362  of  this  title. 

366.  When  there  remains  a  balance   due,   how  collected. — If, 

after  selling  all  the  property  attached  by  him  remaining  in  his  hands, 
and  applying  the  proceeds,  together  with  the  proceeds  of  any  debts 
or  credits  collected  by  him,  deducting  his  fees,  to  the  payment  of  the 
judgment,  any  balance  shall  remain  due,  the  marshal  must  proceed 
to  collect  such  balance,  as  upon  an  execution  in  other  cases.  When- 
ever the  judgment  shall  have  been  paid,  the  marshal,  upon  reasonable 
demand,  must  deliver  over  to  the  defendant  the  attached  property 
remaining  in  his  hands,  and  any  proceeds  of  the  property  attached 
iniapplied  on  the  judgment. 

367.  When  suits  may  be  commenced  on  the  undertaking. — If 

the  execution  be  returned,  unsatisfied,  in  whole  or  in  part,  the  plain- 
tiff may  prosecute  any  undertaking  given  pursuant  to  section  354  or 
section  370  of  this  title,  or  he  may  proceed,  as  in  other  cases,  upon 
the  return  of  an  execution. 

368.  If  defendant  recovers  judgment,  what  the  marshal  is  to 
deliver. — If  the  defendant  recovers  judgment  against  the  plaintiff 
and  no  appeal  is  perfected  and  undertaking  executed,  any  undertak- 
ing received  in  the  action,  all  the  proceeds  of  sales  and  money  col- 
lected by  the  marshal,  and  all  the  property  attached,  remaining  in 
the  marshal's  hands,  must  be  delivered  to  the  defendant  or  his  agent, 
the  order  of  attachment  be  discharged,  and  the  property  released 
therefrom. 

369.  Proceedings  to  release  attachments. — Whenever  any  de- 
fendant has  appeared  in  the  action,  such  defendant  may,  upon  rea- 
sonable notice  to  the  plaintiff,  apply  to  the  district  court,  or  to  the 
judge  thereof,  for  an  order  to  discharge  the  attachment  wholly  or  in 
part;  and  upon  the  execution  of  the  undertaking  mentioned  in  the 

379 


T.  4,  §370]  THE  CODE  OF  CIVIL  PROCEDURE 

section  next  following,  an  order  ma}'  be  made  releasing  from  the 
operation  of  the  attachment,  any  or  all  of  the  property  of  such  de- 
fendant attached;  and  all  of  the  property  so  released  and  all  of  the 
proceeds  of  the  sales  thereof,  nuist  be  delivered  to  such  defendant 
upon  the  justification  of  the  sureties  on  the  undertaking,  if  required 
by  the  plaintiff.  Such  justification  must  take  place  within  five  days 
alter  the  notice  of  the  filing  of  such  undertaking. 

Ceoss-Refebbnob 
Appearance,  see  section  945  of  this  title. 

370.  Requirements  by  court  for  release  of  attachment. — Before 

making  such  order,  the  court  or  judge  must  require  an  undertaking 
on  behalf  of  such  defendant,  by  at  least  two  sureties,  to  the  effect 
that  in  case  the  plaintiff'  recovers  judgment  in  the  action  against  the 
defendant,  by  whom  or  in  whose  behalf  such  undertaking  shall  be 
given,  such  defendant  will,  on  demand,  redeliver  the  attached  prop- 
erty so  released  to  the  proper  officer,  to  be  applied  to  the  payment  of 
any  judgment  in  such  action  against  said  defendant,  or  in  default 
thereof  that  such  defendant  and  sureties  will,  on  demand,  pay  to  the 
plaintiff  the  full  value  of  the  property  released  not  exceeding  the 
amount  of  such  judgment  against  such  defendant.  The  court  or 
judge  making  such  order  may  fix  the  sum  for  which  the  undertaking 
must  be  executed,  and  if  necessary  in  fixing  such  sum  to  laiow  the 
value  of  the  property  released,  the  same  may  be  appraised  by  one  or 
more  disinterested  persons,  to  be  appointed  for  that  purpose.  The 
sureties  may  be  required  to  justify  before  the  court  or  judge  and  the 
property  attached  cannot  be  released  from  the  attachment  without 
their  justification  if  the  same  is  required. 

Cboss-Refebences 

Undertiikiug  to  prevent  attachment,  see  section  354  of  this  title. 
Qualifications  of  sureties,  see  sections  306  and  963  of  this  title. 
Justification  of  sureties,  see  section  307  of  this  title. 

371.  When  a  motion  to  discharge  attachment  may  be  made,  and 
upon  what  grounds. — The  defendant  may  also  at  any  time,  either 
before  or  after  the  release  of  the  attached  propert}',  or  before  any 
attachment  shall  have  been  actually  levied,  apply,  on  motion,  upon 
reasonable  notice  to  the  plaintiff",  to  the  coiu't,  or  to  the  judge  thereof, 
that  the  writ  of  attachment  be  discharged  on  the  ground  that  the 
same  was  improperly  or  irregularly  issued. 

Cross-Referbncb 

Grounds  for  discharge,  see  section  373  of  this  title. 

372.  When  motion  made  on  affidavit,  it  may  be  opposed  by  affi- 
davit.— If  the  motion  be  made  upon  affidavits  on  the  part  of  the 
defendant,  but  not  otherwise,  the  ]>laintiff'  may  oppose  the  same  by 
affidavits  or  other  evidence,  in  addition  to  those  on  which  the  attach- 
ment was  made. 

373.  When  writ  must  be  discharged. — If  upon  such  application, 
it  satisfactorily  appears  that  the  writ  of  attachment  was  improperly 

380 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  37G 

or  irrefj;ularly  issued  it  must  be  discharged;  provided  that  such  at- 
tachment shall  not  be  discharged  if  at  or  before  the  hearing  of  such 
application,  the  writ  of  attachment,  or  the  affidavit,  or  undertaking 
upon  which  such  attachment  was  based  shall  be  amended  and  made 
to  conform  to  the  provisions  of  this  article. 

Cros  s  -Refeebn  ce 
Grounds  for  discharge,  see  also  section  371  of  this  title. 

374.  When  writ  to  be  returned. — The  marshal  must  return  the 
writ  of  attachment  with  the  summons,  if  issued  at  the  same  timi : 
otherwise,  within  twenty  daj^s  after  its  receipt,  with  a  certificate  of 
his  proceedings  indorsed  thereon  or  attached  thereto :  and  whenever 
an  order  has  been  made  discharging  or  releasing  an  attachment  upon 
real  property,  a  certified  copy  of  such  order  may  be  filed  in  the  office 
of  the  registrar  of  property. 

CROSS-REFEa?ENCE:S 

Notices  of  attachment  filed,  see  section  35G  of  this  title. 
Return  of  inventory  with  writ,  see  section  361  of  this  title. 

375.  Release  of  real  property  from  attachment. — An  attachment 
as  to  any  real  property  may  be  released  by  a  writing  signed  by  the 
plaintiff,  or  his  attorney,  or  the  officer  who  levied  the  writ  and  ac- 
knowledged in  the  manner  provided  in  chapter  22  of  Title  3,  The 
Civil  Code ;  and  upon  the  filing  of  such  release,  it  is  the  duty  of  the 
registrar  of  property  to  note  the  same  on  the  record  of  the  copy  of 
the  writ  on  file  in  his  office.  Such  attachment  may  also  be  released 
by  an  entry  in  the  margin  of  the  record  thereof,  in  the  registrar's 
office,  in  the  manner  provided  for  the  discharge  of  mortgages  under 
section  2247  of  title  3. 

Cros  s-Referbnce 

For  chapter  22,  see  title  3,  sections  491  et  seq. 

376.  Attachment  of  interest  of  defendant  in  estate  of  dece- 
dent.— The  interest  of  a  defendant  in  personal  property  belonging 
to  the  estate  of  a  decedent,  whether  as  heir,  legatee,  or  devisee,  may 
be  attached  by  serving  the  personal  representative  of  the  decedent 
with  a  copy  of  tlie  writ  and  a  notice  that  said  interest  is  attached. 
Such  attachment  shall  not  impair  the  powers  of  the  representative 
over  the  property  for  the  purposes  of  administration.  A  copy  of  said 
writ  of  attachment  and  of  said  notice  shall  also  be  filed  in  the  office 
of  the  clerk  of  the  court  in  which  said  estate  is  being  administered 
and  the  personal  representative  shall  report  such  attachment  to  the 
court  when  any  petition  for  distribution  is  filed,  and  in  the  decree 
made  upon  such  petition  distribution  shall  be  ordered  to  such  heir, 
legatee,  or  devisee,  but  delivery  of  such  property  shall  be  ordered  to 
the  officer  making  the  levy  subject  to  the  claim  of  such  heir,  legatee, 
or  devisee,  or  any  person  claiming  under  him.  The  property  shall 
not  be  delivered  to  the  officer  making  the  levy  until  the  decree  dis- 
tributing such  interest  has  become  final. 


381 


T.4,  §381] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  5.— RECEIVERS 


Sec. 

384.  Oath    and    unclertaking    of    receiver. 
.'IS.'j.   Powers  of  receivers. 
MSG.   Investment  of  funds. 
oST.   Notice     of     unclaimed     funds     in     re- 
ceiver's  hands  ;    disposition    of. 


Sec. 

."81.  Appointment  of  receivers. 
382.  Appointment    of   receivers   upon   disso- 
lution   of   corporation. 
'  883.   Receiver,  restrictions  on  appointment ; 
IX  parte  application,  undertaicing  on. 

381.  Appointment  of  receivers. — A  receiver  may  be  appointed  by 

the  district  court  in  an  action  pending  therein,  or  by  the  judge  of  said 
court : 

1.  In  an  action  by  a  vendor  to  vacate  a  fraudulent  purchase  of 
proj^erty,  or  by  a  creditor  to  subject  any  property  or  fund  to  his 
claim,  or  between  partners  or  others  jointly  owning  or  interested  in 
any  property  or  fund,  on  the  application  of  the  plaintiff,  or  of  any 
party  whose  right  to  or  interest  in  the  property  or  fund,  or  the  pro- 
ceeds thereof,  is  probable,  and  where  it  is  shown  that  the  property 
or  fund  is  in  danger  of  being  lost,  removed,  or  materially  injured; 

2.  In  an  action  by  a  mortgagee  for  the  foreclosure  of  his  mortgage 
and  sale  of  the  mortgaged  property,  where  it  appears  that  the  mort- 
gaged property  is  in  danger  of  being  lost,  removed,  or  materially 
injured,  or  that  the  condition  of  the  mortgage  has  not  been  per- 
formed, and  that  the  propert}^  is  probably  insufficient  to  discharge 
the  mortgage  debt; 

3.  After  judgment,  to  carry  the  judgment  into  effect; 

4.  After  judgment,  to  dispose  of  the  property  according  to  the 
judgment,  or  to  preserve  it  during  the  pendency  of  an  appeal,  or  in 
proceedings  in  aid  of  execution,  when  an  execution  has  been  returned 
unsatisfied,  or  when  the  judgment  debtor  refuses  to  apply  his  prop- 
erty in  satisfaction  of  the  judgment; 

5.  In  the  cases  when  a  corporation  has  been  dissolved,  or  is  insol- 
vent, or  in  imminent  danger  of  insolvency,  or  has  forfeited  its  cor- 
porate rights; 

6.  In  all  other  cases  where  receivers  have  heretofore  been  appointed 
by  the  usages  of  courts  of  equity. 

Cross-Reference 

Appeal  from  interlocutory  oi'der  or  decree  appointing  a  receiver,  or  refusing 
an  order  to  wind  up  a  pending  receivership  or  to  take  appropriate  steps  to 
accomplish  the  purposes  thereof,  see  U.S.  Code,  title  28,  section  227  (appendix, 
p.  982). 

382.  Appointment  of  receivers  upon  dissolution  of  corpora- 
tions.— Upon  the  dissolution  of  any  corporation  having  its  principal 
place  of  business  in  the  Canal  Zone,  the  district  court,  on  application 
of  any  creditor  of  the  corporation,  or  of  any  stockliolder  or  member 
thereof,  may  appoint  one  or  more  persons  to  be  receivers  or  trustees 
of  the  corporation,  to  take  charge  of  the  estate  and  effects  thereof 
and  to  collect  the  debts  and  property  due  and  belonging  to  the  cor- 
poration, and  to  pay  the  outstanding  debts  thereof,  and  to  divide  the 
moneys  and  other  property  that  shall  remain  over  among  the  stock- 
holders or  members. 

383.  Receiver,  restrictions  on  appointment;  ex  parte  application, 
undertaking  on. — No  party,  or  attorney  of  a  party,  or  person  inter- 


382 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  387 

ested  in  an  action,  or  related  to  the  judge  of  the  court  by  consan- 
guinity or  affinity  within  the  third  degree,  can  be  apj)ointed  receiver 
therein  without  the  Ma-itten  consent  of  the  parties,  filed  with  the 
clerk.  If  a  receiver  is  appointed  upon  an  ex  parte  application,  the 
court,  before  making  the  order,  must  require  from  the  applicant  an 
undertaking,  with  sufficient  sureties,  in  an  amount  to  be  fixed  by 
the  court,  to  the  effect  that  the  applicant  will  pay  to  the  defendant 
all  damages  he  may  sustain  by  reason  of  the  appointment  of  such 
receiver  and  the  entry  by  him  upon  his  duLies,  in  case  the  applicant 
shall  have  procured  such  appointment  wrongfully,  maliciously,  or 
without  sufficient  cause;  and  the  court  may,  in  its  discretion,  at  any 
time  after  said  appointment,  require  an  additional  undertaking. 

384.  Oath  and  undertaking  of  receiver. — Before  entering  upon 
his  duties,  the  receiver  must  be  sworn  to  perform  tliem  faithfully, 
and  with  two  or  more  sureties,  approved  by  the  court  or  judge,  exe- 
cute an  undertaking  to  the  Government  of  the  Canal  Zone  in  such 
sum  as  the  court  or  judge  may  direct,  to  the  effect  that  he  will  faith- 
fully discharge  the  duties  of  receiver  in  the  action  and  obey  the 
orders  of  the  court  therein. 

385.  Powers  of  receivers. — The  receiver  has,  under  the  control  ol 

the  court,  power  to  bring  and  defend  actions  in  his  own  name,  as 
receiver ;  to  take  and  keep  possession  of  the  property,  to  receive  rents, 
collect  debts,  to  compound  for  and  compromise  the  same,  to  make 
transfers,  and  generally  to  do  such  acts  respecting  the  property  as  the 
court  may  authorize. 

386.  Investment  of  funds. — Funds  in  the  hands  of  a  receiver 

may  be  invested  upon  interest,  by  order  of  the  court;  but  no  such 
order  can  be  made,  except  upon  the  consent  of  all  the  parties  to  the 
action. 

387.  Notice  of  unclaimed  funds  in  receiver's  hands;  disposition 

of. — A  receiver  having  any  funds  in  his  hands  belonging  to  a  person 
whose  whereabouts  are  unknown  to  him,  shall,  before  receiving  his 
discharge  as  such  receiver,  publish  a  notice,  in  one  or  more  newspapers 
of  general  circulation  in  tho  Tanal  Zone,  at  least  once  a  week  for 
four  consecutive  weeks,  setting  forth  the  name  of  the  owner  of  any 
unclaimed  funds,  the  last  known  place  of  residence  or  post  office 
address  of  such  owner  and  the  amoiuit  of  such  unclaimed  funds.  Any 
funds  remaining  in  his  hands  unclaimed  for  thirty  days  after  the 
date  of  the  last  publication  of  such  notice,  shall  be  reported  to  the 
court,  and  upon  order  of  the  court,  all  such  funds  must  be  paid  to  the 
collector  of  the  Panama  Canal  accompanied  with  a  copy  of  the  order, 
which  must  set  forth  the  facts  required  in  the  notice  herein  provided. 
Such  funds  shall  be  paid  out  by  the  collector  to  the  owner  thereof  or 
his  order  in  such  manner  and  upon  such  terms  as  the  cotirt  may 
direct. 

All  costs  and  expenses  connected  with  such  advertising  shall  be 
paid  out  of  the  funds  the  whereabouts  of  whose  owners  are  unknown. 


383 


T,4,  §391]  THE  CODE  OF  CIVIL  PROCEDURE 

ARTICLE  6.— DEPOSITS  IN  COURT;  HANDLING  OF  FUNDS  BY  CLERK 


Sec. 
391. 
.392. 
o93. 

:!94. 


Sec. 
390. 

397. 

398. 


Judge  to  designate  one  or  more  de- 
positories. 

"  Clerlv  "  defined  to  include  assistant 
and  acting  clerks. 

Disposition  of  unclaimi>d  funds  by 
clerli. 


Deposit  in  court. 

Manner  of  enforcing  tlie  order. 

Money  deposited  deemed  in  registry  of 
court. 

Clerli  to  deposit  sums  over  $200  in 
depository  ;  disbursement ;  record  of 
receipt  and  disbursement. 
•'!95.  Maintenance  of  general  deposit  ac- 
count ;  interest ;  commission ;  de- 
posit  of   funds   of   $200   or   less. 

391.  Deposit  in  court. — When  it  is  admitted  by  the  pleadings,  or 
shoAvn  upon  the  examination  of  a  party  to  the  action,  that  he  has  in 
his  possession,  or  under  his  control,  any  money  or  other  thing  capable 
of  delivery,  which,  being  the  subject  of  litigation,  is  held  by  him  as 
trustee  for  another  party,  or  which  belongs  or  is  due  to  another  party, 
the  court  may  order  the  same,  upon  motion,  to  be  deposited  in  court 
or  delivered  to  such  party,  upon  such  conditions  as  may  be  just, 
subject  to  the  further  direction  of  the  court. 

392.  Manner  of  enforcing  the  order. — Whenever,  in  the  exercise 

of  its  authority,  a  court  has  ordered  the  deposit  or  delivery  of  money, 
or  other  thing,  and  the  order  is  disobeyed,  the  court,  beside  punish- 
ing the  disobedience,  may  make  an  order  requiring  the  marshal  to 
take  the  money,  or  thing,  and  deposit  or  deliver  it  in  conformity  with 
the  direction  of  the  court. 

Cross-Refekence 

Punishing  the  disobedience  as  contempt,  see  section  1163  of  this  title. 

393.  Money  deposited  deemed  in  registry  of  court. — Every  sum 

of  money  deposited  with  a  clerk  of  said  court,  by  or  for  the  use  of 
any  party,  upon  a  judgment  of  the  court  or  in  a  pending  action  or 
proceeding  by  virtue  of  the  law  or  by  direction  of  the  court,  as  soon 
as  deposited  with  the  clerk,  shall  be  deemed  to  be  in  the  registry  of 
the  court. 

394.  Clerk  to  deposit  sums  over  $200  in  depository;  disburse- 
ment; record  of  receipt  and  disbursement.— Tlie  ckrk  shall  de- 
posit in  some  depositoiy  designated  by  the  judge  of  the  district  court, 
in  the  name  of  that  court,  every  sum  of  mone}'  deposited  in  the  regis- 
try of  the  court  which  exceeds  $200,  as  soon  as  the  same  is  received ; 
and  such  money  may  thereafter  be  paid  out  only  on  a  check,  voucher, 
or  order  of  the  court,  or  the  judge  thereof,  countersigned  by  the  clerk 
of  the  court.  The  clerk  in  each  division  of  the  district  court  shall 
make  a  record  showing  the  date  of  receipt,  the  amount  received,  from 
whom  received,  and  the  case  in  wdiich  any  such  money  is  deposited  in 
the  registry  of  the  court;  and  the  date,  amount,  and  to  whom  the 
same  was  paid  out. 

395.  Maintenance  of  general  deposit  account;  interest;  commis- 
sion ;  deposit  of  funds  of  $200  or  less. — The  clerk  shall  maintain  a 
general  deposit  account  in  a  designated  depository  in  which  shall  bo 
deposited  every  cash  fund  exceeding  $200  deposited  in  the  registry 
of  the  court.     Interest  earned   on  such   general   account  shall  be 


384 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  398 

retained  by  the  clerk  as  his  commission  for  receiving  and  caring 
therefor  and  shall  be  accounted  for  by  him  as  fees  of  his  office.  No 
commission  shall  be  charged  by  the  clerk  for  handling  any  fund  of 
$200  or  less. 

In  any  case,  however,  where  any  such  fund  is  likely  to  remain  in 
the  registry  of  the  court  for  six  months  or  more,  and  where  the 
parties  so  stipulate  or  the  court  so  directs,  such  fund  shall  be 
deposited  in  a  designated  bank  in  a  savings  account  at  interest.  Tlie 
clerk's  commission  for  caring  for  such  fund  in  such  case  shall  be  paid 
only  out  of  interest  earned  thereon,  to  the  amount  of  one  fourth  of 
such  interest.  The  remainder  of  such  interest  shall  be  deemed  a  part 
of  such  fund  and  shall  be  paid  out  on  order  or  decree  of  the  court 
according  to  the  exigency  of  the  case. 

396.  Judge  to  designate  one  or  more  depositories. — The  judge 

of  the  district  court  shall  designate  one  or  more  depositories  in  which 
money  deposited  in  the  registry  of  the  court  shall  be  deposited  by 
the  clerks. 

397.  "  Clerk  "  defined  to  include  assistant  and  acting  clerks. — 

The  words  "  clerk  "  as  used  in  sections  393  to  396  of  this  title  shall 
include  the  clerk  of  the  district  court,  the  assistant  clerks  thereof, 
and  any  acting  clerk  when  performing  the  duties  of  the  clerk  or 
assistant  clerk  when  they  or  an}'  of  them  are  absent  on  account  of 
illness  or  vacation,  or  are  unable  to  act  from  any  cause. 

398.  Disposition  of  unclaimed  funds  by  clerk. — Whenever  the 

clerk  of  the  district  court  has  in  his  hands  for  a  period  of  two  years 
or  more  any  fund  or  moneys  belonging  to  any  person  or  persons, 
which  funds  or  moneys  he  has  been  unable  to  disburse  to  such  person 
or  persons  because  of  his  inability  to  locate  them,  or  because  of  their 
refusal  to  accept  the  same,  the  said  clerk  shall  upon  order  of  the  court 
turn  the  same  over  to  the  collector  of  the  Panama  Canal  to  be  held 
and  disposed  of  as  hereinafter  provided. 

Any  person  claiming  to  be  entitled  to  any  amount  so  deposited 
with  the  collector  ma}',  within  five  years  after  such  deposit,  petition 
the  court  or  judge  for  an  order  directing  payment  to  the  said  claim- 
ant. A  copy  of  such  petition  shall  be  served  on  the  collector  and 
thereafter  no  such  amount  shall  be  covered  into  the  Treasury  of  the 
United  States,  as  hereinafter  directed,  until  so  ordered  by  the  court. 

If  no  one  claims  the  amount,  as  herein  provided,  or  if  a  claim  be 
made  and  disallowed  and  the  court  so  directs,  such  amount  devolves 
to  the  United  States  and  shall  be  covered  into  the  Treasury  by  the 
collector  as  miscellaneous  receipts. 


385 


T.  4,  §411]  TEE  CODE  OF  CIVIL  PROCEDURE 

CHAPTER  11.— TRIAL  AND  JUDGMENT  IN  CIVIL  ACTIONS 


Art. 

1.  Judgment  in  general- 


Judgment  upon  failure  to  answer. 
Issues ;    mode    of    trial    and    post- 
ponements  

Trial  by  jury 

Trial   by   court 

References  and  trials  by  referees- 


Sec. 
411 
421 

431 
441 
501 
511 


Art.  Sec. 

7.  Provisions    relating    to    trials    in 

general 521 

8.  Manner    of    giving    and    entering 

judgment 541 

9.  Undertaking  in  action  to  set  aside 

fraudulent  transfer 561 


ARTICLE  1.— JUDGMENT  IN  GENERAL 


Sec. 

411.  Judgment  defined. 

412.  Judgment   may   be   for  or   against   one 

of  the  parties. 

413.  Judgment   may   be   against   one   party, 

and   action   proceed   as   to    others. 

414.  The  relief  to  be  awarded  to  the  plain- 

tiff. 


Sec. 
415. 

416. 

417. 


Dismissal    of    actions    and    entry    of 

nonsuit. 
Dismissal  of  action  for  failure  to  issue 

summons,   when. 
All  other  judgments  are  on  the  merits. 


418.   Dismissal  of  actions. 


Section  411.  Judgment  defined. — A  judgment  is  the  final  deter- 
mination of  the  rights  of  the  parties  in  an  action  or  proceeding. 

Cboss-Refeeiences 

Judgment  by  confession,  see  section  1101  of  this  title. 

Judgment  by  default,  see  section  421  of  this  title. 

Effect  of  a  judgment,  see  section  1934  of  this  title. 

Judgment  of  nonsuit,  see  section  415  of  this  title. 

Judgment  on  trial  of  issue  of  law  by  court,  see  section  504  of  this  title. 

Judgment  on  trial  generally,  see  section  541  of  this  title. 

Order,  defined,  see  section  931  of  this  title. 

412.  Judgment  may  be  for  or  against  one  of  the  parties. — Judg- 
ment may  be  given  for  or  against  one  or  more  of  several  plaintiffs, 
and  for  or  against  one  or  more  of  several  defendants;  and  it  may, 
when  the  justice  of  the  case  requires  it,  determine  the  ultimate  rights 
of  the  parties  on  each  side,  as  between  themselves. 

Cross-Refeeences 

Striking  out  party,  see  section  275  of  this  title. 

Bringing  in  fresh  parties,  see  section  145  of  this  title. 

Service  on  one  defendant  out  of  several,  effect  of,  see  section  167  of  this 
title. 

Joint  debtors,  proceedings  against,  see  sections  901  et  scq.  of  this  title. 

Joining  persons  severally  liable  on  same  instrument,  see  section  139  of  this 
title. 

Association,  action  against  persons  under  name  of,  see  section  144  of  this  title. 

413.  Judgment  may  be  against  one  party,  and  action  proceed  as 
to  others. — In  an  action  against  several  defendants,  the  court  may, 
in  its  discretion,  render  judgment  against  one  or  more  of  them, 
leaving  the  action  to  proceed  against  the  others,  whenever  a  several 
judgment  is  proper. 

Cross-References 

Striking  out  party,  see  section  275  of  this  title. 
Bringing  in  fresh  parties,  see  section  145  of  this  title. 

Service  on  one  defendant  out  of  several,  effect  of,  see  section  167  of  this  title. 
Joint  defendants,  proceedings  against,  see  sections  901  et  seq.  of  this  title. 
Joining  persons  severally  liable  on  same  instrument,  see  section  139  of  this 
title. 


386 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  416 

414.  The  relief  to  be  awarded  to  the  plaintiff. — The  relief  granted 
to  the  plaintiff,  if  there  be  no  answer,  cannot  exceed  that  which  he 
shall  have  demanded  in  his  complaint;  but  in  any  other  case,  the 
court  may  grant  him  any  relief  consistent  with  the  case  made  by  the 
complaint  and  embraced  within  the  issue. 

415.  Dismissal  of  actions  and  entry  of  nonsuit. — An  action  may 
be  dismissed,  or  a  judgment  of  nonsuit  entered,  in  the  following 
cases : 

1.  By  the  plaintiff,  by  written  request  to  the  clerk,  filed  with  the 
papers  in  the  case,  at  any  time  before  the  trial,  upon  payment  of  his 
costs;  provided,  a  counterclaim  has  not  been  set  up,  or  affirmative 
relief  sought  by  the  cross-complaint  or  answer  of  the  defendant. 
If  a  provisional  remedy  has  been  allowed,  the  undertaking  must 
thereupon  be  delivered  b}^  the  clerk  to  the  defendant,  who  may  have 
his  action  thereon; 

2.  By  either  party,  upon  the  written  consent  of  the  other ; 

3.  By  the  court,  when  either  party  fails  to  appear  on  the  trial,  and 
the  other  party  apj^ears  and  asks  for  the  dismissal ; 

4.  By  the  court,  when  upon  the  trial  and  before  the  final  submis- 
sion of  the  case,  the  plaintiff  abandons  it ; 

5.  By  the  court,  upon  motion  of  the  defendant,  when  upon  the 
trial  the  plaintiff  fails  to  prove  a  sufficient  case. 

But  no  dismissal  mentioned  in  subdivisions  1  and  2  hereof  shall  be 
entered  unless  upon  written  consent  of  his  attorney  of  record,  or  if 
said  consent  is  not  obtained,  upon  order  of  the  court,  after  notice  to 
the  attorney. 

The  dismissals  mentioned  in  said  subdivisions  1  and  2  hereof, 
when  written  consent  of  the  attorney  of  record  of  the  party  request- 
ing the  dismissals  are  filed,  may  be  made  by  entry  in  the  clerk's 
register. 

The  dismissals  mentioned  in  subdivisions  3,  4,  and  5  of  this  section 
must  be  made  by  orders  of  the  court  entered  upon  the  minutes  thereof, 
and  are  effective  for  all  purposes  when  so  entered;  but  the  clerk  of 
the  court  must  note  such  orders  in  his  register  of  actions  in  the  case. 

Cross-Refebbnces 

Dismissal  for  want  of  prosecution,  see  section  418  of  this  title. 
Dismissal  in  magistrate's  court,  see  section  792  of  this  title. 
Variance,  fatal  or  otherwise,  see  sections  271  to  173  of  this  title. 
Trial,  either  party  may  bring  on,  see  section  437  of  this  title. 

416.  Dismissal  of  action  for  failure  to  issue  summons,  when. — 

Xo  action  heretofore  or  hereafter  commenced  shall  be  further  prose- 
cuted, and  no  further  proceedings  shall  be  had  therein,  and  all  actions 
heretofore  or  hereafter  conunenced  must  be  dismissed  by  the  court 
in  which  the  same  shall  have  been  commenced,  on  its  own  motion,  or 
on  motion  of  any  party  interested  therein,  whether  named  in  the 
complaint  as  a  party  or  not,  unless  summons  shall  have  issued  within 
one  3^ear,  and  all  such  actions  must  be  in  like  manner  dismissed, 
unless  the  summons  shall  be  served  and  return  thereon  made  within 
three  years  after  the  commencement  of  said  action.  But  all  such 
actions  may  be  prosecuted,  if  appearance  has  been  made  by  the  de- 

387 


T.  4,  §417]  THE  CODE  OF  CIVIL  PROCEDURE 

fendant  or  defendants,  Avithin  said  three  j'ears  in  the  same  manner 
as  if  summons  had  been  issued  and  served :  Pro'vkled^  That^  except 
in  actions  to  partition  or  to  recover  possession  of,  or  to  enforce  a 
lien  upon,  or  to  determine  conflicting  claims  to,  real  or  personal 
property,  no  dismissal  shall  be  had  under  this  section  as  to  any  de- 
fendant because  of  the  failure  to  serve  summons  on  him  during  his 
absence  from  the  Canal  Zone,  or  while  he  has  secreted  himself  within 
the  Canal  Zone  to  prevent  the  service  of  summons  on  him. 

417.  All  other  judgments  are  on  the  merits. — In  all  cases  other 

than  those  mentioned  in  sections  415,  416,  and  418  of  this  title,  judg- 
ment must  be  rendered  on  the  merits. 

418.  Dismissal  of  actions. — The  court  may  in  its  discretion  dis- 
miss any  action  for  want  of  prosecution  on  its  own  motion  or  on 
motion  of  the  defendant  and  after  due  notice  to  the  plaintiff,  when- 
ever plaintiff  has  failed  for  two  years  after  answer  filed  to  bring 
such  action  to  trial. 

ARTICLE  2.— JUDGMENT  UPON  FAILURE  TO  ANSWER 

421.  Judgment  if  defendant  fails  to  answer. — Judgment  may  be 
had,  if  the  defendant  fails  to  answer  the  complaint,  as  follows: 

1.  In  an  action  arising  upon  contract  for  the  recovery  of  money  or 
damages  only,  if  the  defendant  has  been  personall}'  served  and  no 
ansvv^er  has  been  filed  with  the  clerk  of  the  court  within  the  time 
specified  in  the  summons,  or  such  further  time  as  may  have  been 
granted,  the  clerk,  upon  application  of  the  plaintiff,  must  enter  the 
default  of  the  defendant,  and  immediately  thereafter  enter  judg- 
ment for  the  amount  demanded  in  the  complaint,  including  the  costs, 
against  the  defendant,  or  against  one  or  more  of  several  defendants, 
in  the  cases  provided  for  in  section  167  of  this  title. 

2.  In  other  actions,  if  the  defendant  has  been  personally  served 
and  no  answer  has  been  filed  with  the  clerk  of  the  court  within  the 
time  specified  in  the  summons,  or  such  further  time  as  may  have  been 
granted,  the  clerk  must  enter  the  default  of  the  defendant ;  and  there- 
after the  plaintiff'  may  a])])ly  to  the  court  for  the  relief  demanded  in 
the  complaint.  If  the  taking  of  an  account,  or  the  proof  of  any  fact, 
is  necessary  to  enable  the  court  to  give  judgment,  or  to  carry  tlie 
judgment  into  effect,  the  court  may  take  the  account  or  hear  the 
proof,  or  may,  in  its  discretion,  order  a  reference  for  that  purpose. 
And  where  the  action  is  for  the  recovery  of  damages,  in  whole  or  in 
part,  the  court  may  order  the  damages  to  be  assessed  by  a  jury;  or 
if,  to  determine  the  amount  of  damages,  the  examination  of  a  long 
account  is  involved,  by  a  reference  as  above  provided. 

3.  In  all  actions  where  the  service  of  the  summons  was  by  publi- 
cation, the  plaintiff,  upon  the  exjiiration  of  tlie  time  for  answering, 
may,  upon  proof  of  the  publication,  and  that  no  answer  has  been 
filed,  apply  for  judgment;  and  the  court  must  thereupon  require 
proof  to  be  made  of  the  allegations  of  the  complaint;  and  if  the 
defendant  is  not  a  resident  of  the  Canal  Zone,  must  require  the 
plaintiff,  or  his  agent,  to  be  examined,  cm  oath,  respecting  any  pay- 
ments that  have  been  made  to  the  plaintiff,  or  to  anyone  for  his  use, 
on  account  of  any  demand  mentioned  in  the  complaint,  and  may 


THE  CODE  OF  CIVIL  PROVE DUEE  [T.  4,  §  433 

render  judgment  for  the  amount  which  he  is  entitled  to  recover: 
Provided,  That  in  actions  involving  merely  the  possession  of  real 
property  where  the  complaint  is  verified  and  shows  by  proper  allega- 
tions that  no  party  to  the  action  claims  title  to  the  real  property 
involved,  either  by  accession,  transfer,  will,  or  succession  but  only  the 
possession  thereof,  the  court  may  render  judgment  upon  proof  of 
occupancy  by  plaintiff  and  ouster  by  defendant. 

Cboss-Refekencbs 

As  to  validity  of  service  of  summons,  see  section  168  of  this  title. 

Judgment  by  confession,  see  sections  1101  et  seq.,  of  tliis  title. 

Judgment  generally,  see  sections  541  to  550  of  this  title. 

Setting  aside  void  judgment,  see  section  275  of  this  title. 

Waiver  of  objections  by  failure  to  demur  or  answer,  see  section  215  of  this 
title. 

Actions  when  deemed  pending,  see  section  955  of  this  title. 

Mandamus  not  granted  by  default,  see  section  1055  of  this  title. 

Default  in  action  for  forcible  entry  and  detainer,  see  section  1150  of  this 
title. 

Default  in  magistrate's  court,  see  sections  761  and  762  of  this  title. 

ARTICLE  .3.— ISSUES  ;  MODE  OF  TRIAL  AND  POSTPONEMENTS 


Sec. 

431.  Issue  defined,  and  the  different  kinds. 

432.  Issue  of  law,  how  raised. 

433.  Issue  of  fact,  how  raised. 

434.  Issue  of  law,  how  tried. 

435.  Issues  of  fact,  how  tried. 

436.  Clerk    must    enter    causes    on    the    cal- 

endar, to  remain  until  disposed  of; 
when  may  be  restored. 


Sec. 

437.  Parties    or    court    may    bring    issue   to 

trial. 

438.  Motion  to  postpone  a  trial  for  absence 

i;f  evidence  or  a  material  witness. 

439.  In  cases  of  adjournment  a  party  may 

have   the   testimony   of  any   witness 
taken. 


431.  Issue  defined,  and  the  different  kinds. — Issues  arise  upon 
the  pleadings  when  a  fact  or  a  coii'.luision  of  law  is  maintained  by 
the  one  party  and  is  controverted  b}'  the  other.  They  are  of  two 
kinds — 

1.  Of  law ;  and 

2.  Of  fact. 

Ceoss-Refejrbnces 

Issues  of  law  and  fact,  see  sections  432  and  433  of  this  title. 
Issues  in  msigistrate's  court,  see  sections  781  et  seq.,  of  this  title. 

432.  Issue  of  law,  how^  raised. — An  issue  of  law  arises  upon  a 

demurrer  to  the  complaint  or  answer,  or  to  some  part  thereof. 

CeOSS-REFEIREN  CE 

Issues  of  law,  how  raised  in  magistrate's  court,  see  section  782  of  this  title. 

433.  Issue  of  fact,  hov^^  raised. — An  issue  of  fact  arises — 

1.  Upon  a  material  allegation  in  the  complaint  controverted  by  the 
answer;  and 

2.  Upon  new  matters  in  the  answer,  except  an  issue  of  law  is  joined 
thereon. 

Ceoss-Refeeence 

Issues  of  fact  in  magistrate's  court,  how  raised,  see  section  783  of  this  title. 


389 


T.  4,  §434]  TEE  CODE  OF  CIVIL  PROCEDURE 

434.  Issue  of  law,  how  tried. — An  issue  of  law  must  be  tried  by 
the  court,  unless  it  is  referred  upon  consent. 

Ceoss-References 

Issues,  by  whom  triable,  see  sections  73,  501  et  seq.,  and  1152  of  this  title. 
Issues  of  law,  how  tried  in  magistrate's  court,  see  section  784  of  this  title. 

435.  Issues  of  fact,  how  tried. — Issues  of  fact  shall  be  tried  by 
the  ^:ourt,  except  where  a  jm-y  is  demanded  as  provided  in  sections 
441  and  442  of  this  title,  or  a  reference  is  ordered  as  provided  in  this 
title. 

436.  Clerk  must  enter  causes  on  the  calendar,  to  remain  until 
disposed  of;  when  may  be  restored. — The  clerk  must  enter  causes 
upon  the  calendar  of  the  court  according  to  the  date  of  issue.  Causes 
once  placed  on  the  calendar  must  remain  upon  the  calendar  until 
finally  disposed  of :  Pi'ovided^  That  causes  may  be  dropped  from  the 
calendar  by  consent  of  parties,  and  may  be  again  restored  upon  notice. 

437.  Parties  or  court  may  bring  issue  to  trial. — Either  party  may 
bring  an  issue  to  trial  or  to  a  hearing,  and,  in  the  absence  of  the 
adverse  party,  unless  the  court,  for  good  cause,  otherwise  direct,  may 
proceed  with  his  case,  and  take  a  dismissal  of  the  action,  or  a  verdict, 
or  judgment,  as  the  case  may  require :  Provided^  howevei\  That  if  the 
issue  to  be  tried  is  an  issue  of  fact,  proof  must  first  be  made  to  the 
satisfaction  of  the  court  that  the  adverse  party  has  had  five  days' 
notice  of  such  trial.  The  cotirt  or  judge  may  on  its  own  motion  bring 
an  issue  to  trial  or  to  a  hearing. 

Cross-References 

Dismissal,  see  section  415  of  this  title. 

Surprise,  setting  aside  judgment  for,  see  section  27r>  of  this  title. 
Surprise,  new  triiil,  see  section  532  of  this  title. 

Expediting  actions  for  injuries  to  vessels  or  passengers  in  passing  through 
locks,  see  title  2,  section  10. 

438.  Motion  to  postpone  a  trial  for  absence  of  evidence  or  a 
material  witness. — A,  motion  to  postpone  a  trial  on  tlie  ground  of 
the  absence  of  evidence  can  only  be  made  upon  affidavit  sliowing 
the  materiality  of  the  evidence  expected  to  be  obtained,  and  that 
due  diligence  has  been  used  to  procure  it.  The  court  may  require 
the  moving  party,  where  application  is  made  on  account  of  the 
absence  of  a  material  witness,  to  state  u])on  affiihivit  the  evidence 
which  he  expects  to  obtain ;  and  if  the  adverse  party  thereupon  admits 
that  such  evidence  would  be  given,  and  that  it  be  considered  as 
actually  given  on  the  trial,  or  offered  and  overruled  as  improper, 
the  trial  must  not  be  postponed. 

Cboss-Reference 
Costs  on  continuance,  see  section  1008  of  this  title. 

439.  In  cases  of  adjournment  a  party  may  have  the  testimony  of 
any  witness  taken.— The  party  obtaining  a  postponement  of  a  trial 
in  the  district  court  must,  if  requii'ed  by  the  adverse  party,  consent 
that  the  testimony  of  any  witness  of  siich  adverse  party,  "who  is  in 
attendance,  be  then  taken  by  deposition  before  the  judge  or  clerk 

880 


THE  CODE  OP  CIVIL  PROCEDURE 


[T.  4,  §  451 


of  the  court,  or  before  such  notary  public  as  the  court  may  indicate, 
Avhich  must  accortlinjrly  be  clone;  and  the  testimony  so  taken  may  be 
read  on  the  trial,  with  the  same  effect,  and  subject  to  the  same  objec- 
tions, as  if  the  witnesses  were  produced. 

Cross-Reference 

Depositions  generally,  see  section  2081  et  seq.,  of  tbis  title. 

ARTICLE  4.— TRIAL  BY  JURY 


A.  Right  to  Jury  Trial 
Sec. 

441.  Right   to  trial  by  jury. 

442.  Request   for  jury. 

B.  Formation  of  Jukt 

451.  Peremptory  challenges,   civil   casea. 

452.  Challengps   of  jurors   for  cause. 

453.  Challenges,  how  tried. 
434.  Jury  to  be  sworn. 


C.  Conduct  of  Trial 


461 
462 


Order  of  proceeding  on  trial. 

Charge  to  the  jury ;  court  must  fur- 
nish, in  writing,  upon  request,  the 
points  of  law  contained  therein. 

Special  instructions. 

View  by  jury  nf  the  premises. 

465.  Admonition    when    jury    permitted    to 

separate. 

466.  Jury     may    take    with     them    certain 

papers. 

467.  Deliberation   of  jury,    how   conducted. 


463 
464 


Sec. 

468.  May   come   into   court  for  further   in- 

structions. 

469.  Proceedings   if  juror  becomes   sick. 

470.  When    prevented   from    giving   verdict, 

the  cause   may   be   again    tried. 

471.  While  jury  are  absent,   court  may  ad- 

journ from  time  to  time ;  sealed  ver- 
dict. 

472.  Verdict,   how  declared  ;  form  of ;   poll- 

ing the  jury. 
47-S.  Proceedings  when   verdict  is  informal. 

D.  The  Verdict 

4S1.   General  and  special  verdicts  defined. 

482.  When  a  general  or  special  verdict  may 

he  rendered. 

483.  Verdict     in    actions    for    recovery    of 

money    or    on    establishing    counter- 
claim. 

484.  Verdict  in  actions  for  the  recovery  of 

sjiecific  personal   property. 

485.  Entry  of  verdict. 

486.  Judgment  notwithstanding  verdict. 


A.   RIGHT  TO   JURY  TRIAL 

441.  Right  to  trial  by  jury. — A  jury  shall  be  had,  on  the  demand 

of  either  party,  in  any  civil  case  at  law  originating  in  the  district 
court. 

Cross-Reference 

Juries  and  jury  trials,  see  also  title  7,  sections  33  to  35. 

442.  Request  for  jury. — In  the  trial  of  any  civil  cause  where  a 
jury  trial  may  be  demanded,  if  either  party  shall  desire  a  jury, 
request  therefor  must  be  made  at  the  time  such  cause  is  assigned  for 
trial. 

B.  FORMATION  OF  JURY 

451.  Peremptory  challenges,  civil  cases. — Either  party  may  chal- 
lenge the  jurors,  but  where  there  are  several  parties  on  either  side, 
they  must  join  in  the  challenge  before  it  can  be  made.  The  chal- 
lenges are  to  individual  jurors  and  are  either  peremptory  or  for 
cause.  Each  party  is  entitled  to  four  peremptory  challenges.  If  no 
peremptoiy  challenges  are  taken  until  the  panel  is  full,  they  must  be 
taken  by  the  parties  alternately,  commencing  with  the  plaintiff,  and 
each  party  shall  be  entitled  to  have  the  panel  full  before  exercising 
anj'  peremptory  challenge. 

Cross-Reference 

Selection,  summoning,  serving,  and  compen.sation  of  jurors,,  see  title  7,  sections 
33  to  35. 


391 


T.4,  §452]  THE  CODE  OF  CIVIL  PROCEDURE  j 

452.  Challenges  of  jurors  for  cause. — Challenges  for  cause  may 
be  taken  on  one  or  more  of  the  following  grounds : 

1.  A  want  of  any  of  the  qualifications  prescribed  to  render  a  per- 
son competent  as  a  juror. 

2.  Consanguinity  or  affinity  within  the  fourth  degree  to  any  party, 
or  to  an  officer  of  a  corporation,  which  is  a  party. 

3.  Standing  in  the  relation  of  guardian  and  ward,  master  and 
servant,  employer  and  clerk,  or  principal  and  agent,  or  debtor  and 
creditor,  to  either  party,  or  to  an  officer  of  a  corporation  which  is  a 
party,  or  being  a  member  of  the  family  of  either  party ;  or  a  partner 
in  business  with  either  party;  or  surety  on  any  bond  or  obligation 
for  either  party,  or  being  the  holder  of  bonds  or  shares  of  the  capital 
stock  of  a  corporation  which  is  a  party. 

4.  Having  served  as  a  juror  in  a  civil  action  or  been  a  witness 
on  a  previous  trial  between  the  same  parties,  for  the  same  cause  of 
action;  or  having  served  as  a  juror  within  one  year  previously  in 
any  civil  action  or  proceeding  in  wdiich  either  party  w^as  plaintiff 
or  defendant. 

5.  Interest  on  the  part  of  the  juror  in  the  event  of  the  action,  or 
in  the  main  question  involved  in  the  action. 

6.  Having  an  unqualified  opinion  or  belief  as  to  the  merits  of  the 
action  founded  upon  knowledge  of  its  material  facts  or  of  some  of 
them. 

7.  The  existence  of  a  state  of  mind  in  the  juror  evincing  enmity 
against  or  bias  to  either  party. 

8.  That  he  is  a  party  to  an  action  pending  in  the  court  for  which 
he  is  drawn  and  which  action  is  set  for  trial  before  the  panel  of 
which  he  is  a  member. 

Ckoss-Refkkencb 

Jurors  as  witnesses,  see  section  1905  of  this  title. 

453.  Challenges,  hov*^  tried. — Challenges  for  cause  must  be  tried 

by  the  court.     The  juror  challenged  and  any  other  person  may  be 
examined  as  a  witness  on  the  trial  of  the  challenge. 

454.  Jury  to  be  sworn. — As  soon  as  the  jury  is  completed,  an  oath 

must  be  adnr.ni.stered  to  the  jurors,  in  substance,  that  they  and  each 

of  them  will  well  and  truly  try  the  matter  in  issue  between  , 

the  plaintiff,   and  ,   defendant,   and   a   true   verdict   render 

according  to  the  evidence. 

Cross-Refeuence 

Administration  of  oaths  generally,   see  sections  2171   to  2175  of  this  title. 

C.  CONDUCT  OF  TRIAL 

461.  Order  of  proceeding  on  trial. — Wlien  the  jury  has  been 
sworn,  the  trial  must  proceed  in  the  following  order,  unless  the  judge, 
for  special  reasons,  otherwise  directs : 

1.  The  plaintiff,  after  stating  the  issue  and  his  case,  must  produce 
the  evidence  on  his  part; 

2.  The  defendant  may  then  open  his  defense,  and  offer  his  evi- 
dence in  support  thereof ; 

392 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  463 

3.  The  parties  may  then  respectively  offer  rebutting  evidence  only, 
unless  the  court,  for  good  reason,  in  furtherance  of  justice,  permit 
them  to  offer  evidence  upon  their  original  case ; 

4.  When  the  evidence  is  concluded,  unless  the  case  is  submitted  to 
the  jury  on  either  side  or  on  both  sides  without  argument,  the  plaintiff' 
must  commence  and  may  conclude  the  argument ; 

5.  If  several  defendants,  having  separate  defenses,  appear  by  dif- 
ferent counsel,  the  court  must  determine  their  relative  order  in  the 
evidence  and  argument; 

6.  The  court  may  then  charge  the  jury. 

Cros  s-Reiferen  ces 

Amendments,  see  section  275  of  this  title. 

Eitlier  party  may  bring  on  trial,  see  section  437  of  this  title. 

Nonsuits,  see  section  415  of  this  title. 

Proof  necessary  to  make  out  case,  see  sections  1885  and  1887  of  this  title. 

Variance,  see  sections  271  to  273  of  this  title. 

View  by  jury,  see  section  464  of  this  title. 

Order  of  proof,  see  section  2111  of  this  title. 

Admissibility  of  evidence  is  for  court,  see  section  2182  of  this  title. 

Allegations,  material,  only,  need  be  proved,  see  sections  1887  and  2031  of 
this  title. 

Relevancy  of  evidence,  see  sections  1886  and  1SS8  of  this  titie. 

Witness  must  answer,  see  section  2142  of  this  title. 

Cross-examination,  see  section  2114  of  this  title. 

Excluding  witnesses  from  court  room,  see  section  2112  of  this  title. 

Expert  witnesses,  see  section  1888  (9)  of  this  title. 

Impeachment  of  witnesses,  and  evidence  of  good  character,  see  sections  2118 
to  2122  of  this  title. 

Interpreters,  see  section  1906  of  this  title. 

Leading  questions,  see  section  2115  of  this  title. 

Mode  of  inteiTogation  of  witnesses,  see  section  2113  of  this  title. 

Oaths,  see  sections  2171  to  2175  of  this  title. 

Protection  of  witnesses,  see  section  2143  of  this  title. 

Refi'eshing  memory,  see  section  2116  of  this  title. 

Writing  shown  to  witness,  other  side  may  inspect,  see  section  2123  of  this 
title. 

462.  Charge  to  the  jury;  court  must  furnish,  in  writing,  upon 
request,  the  points  of  law  contained  therein. — In  charging  the  jury 
the  court  may  state  to  them  all  matters  of  law  which  it  thinks  neces- 
sary for  their  information  in  giving  their  verdict ;  and.  if  it  state  the 
testimony  of  the  case,  it  must  inform  the  jury  that  they  are  the 
exclusive  judges  of  all  questions  of  fact.  The  court  must  furnish 
to  either  party,  at  the  time,  upon  request,  a  statement  in  writing 
of  the  points  of  law  contained  in  the  charge,  or  sign,  at  the  time, 
a  statement  of  such  points  prepared  and  submitted  by  the  counsel 
of  either  party. 

Ceoss-Refeeences 

Instructions  as  to  the  evidence,  see  section  2131  of  this  title. 
Matters  of  law,  court  stating  in  charge,  see  sectiuns  532.  2131,  and  2182  of 
this  title. 

463.  Special  instructions. — Where  either  party  asks  special  in- 
structions to  be  given  to  the  jury,  the  court  must  either  give  such 
instruction,  as  requested,  or  refuse  to  do  so,  or  give  the  instruction 

93083—34 26  393 


T.4,  §464]  TEE  CODE  OF  CIVIL  PROCEDURE 

with  a  modification,  in  such  manner  that  it  may  distinctly  appear 
what  instructions  were  given  in  whole  or  in  part. 

Cross-Reference 
Exceptions,  see  section  521  of  this  title. 

464.  View  by  jury  of  the  premises. — When,  in  the  opinion  of  the 
court,  it  is  proper  for  the  jury  to  have  a  view  of  the  property  which 
is  the  subject  of  litigation,  or  of  the  place  in  which  any  material 
fact  occurred,  it  may  order  them  to  be  conducted,  in  a  body,  under 
the  charge  of  an  officer,  to  the  place,  which  shall  be  shown  to  them 
by  some  person  appointed  by  the  court  for  that  purpose.  While 
the  jury  are  thus  absent,  no  person,  other  than  the  person  so  ap- 
pointed, shall  speak  to  them  on  any  subject  connected  with  the  trial. 

465.  Admonition  when  jury  permitted  to  separate. — If  the  jury 
are  permitted  to  separate,  either  during  the  trial  or  after  the  case 
is  submitted  to  them,  they  shall  be  admonished  by  the  court  that 
it  is  their  duty  not  to  converse  with,  or  suffer  themselves  to  be 
addressed  by  any  other  person,  on  any  subject  of  the  trial,  and  that 
it  is  their  duty  not  to  form  or  express  an  opinion  thereon  until  the 
case  is  finally  submitted  to  them. 

466.  Jury  may  take  with  them  certain  papers. — Upon  retiring 
for  deliberation  the  jury  may  take  with  them  all  papers  which  have 
been  received  as  evidence  in  the  cause,  except  depositions  or  copies 
of  such  papers  as  ouglit  not,  in  the  opinion  of  the  court,  to  be  taken 
from  the  person  having  them  in  possession ;  and  they  may  also  take 
with  them  notes  of  the  testimony  or  other  proceedings  on  the  trial, 
taken  by  themselves  or  any  of  them,  but  none  taken  by  any  other 
person. 

467.  Deliberation  of  jury,  how  conducted. — When  the  case  is 

finally  submitted  to  the  jury,  they  may  decide  in  court  or  retire  for 
deliberation;  if  they  retire,  they  must  be  kept  together  in  some 
convenient  ]:>lace,  under  charge  of  an  oflicor,  until  at  least  three 
fourths  of  them  agree  upon  a  verdict  or  are  discharged  by  the  court. 
Unless  by  order  of  the  court,  the  officer  having  them  under  his  charge 
must  not  suffer  any  communication  to  be  made  to  them,  or  make  any 
himself,  except  to  ask  them  if  they  or  three  fourths  of  them  are 
agreed  upon  a  verdict,  and  he  must  not,  before  their  verdict  .is 
rendered,  communicate  to  any  person  the  state  of  their  deliberations 
or  the  verdict  agreed  upon. 

Cross  Reference 

IMisconduct  of  jury,  see  section  532  of  this  title. 

468.  May  come  into  court  for  further  instructions. — After  the 
jur}^  have  retired  for  deliberation,  if  there  be  a  tlisagreement  between 
them  as  to  any  part  of  the  testimon}'.  or  if  they  desire  to  be  in- 
formed of  any  point  of  law  arising  in  the  cause,  they  may  require 
the  officer  to  conduct  them  into  court.  U]:)on  their  being  brought 
into  court,  the  information  required  must  be  given  in  the  presence 
of,  or  after  notice  to,  the  parties  or  counsel. 

394 


il 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  481 

469.  Proceedings  if  juror  becomes  sick. — If,  after  the  impanel- 
ing of  the  jiny,  and  before  verdict,  a  juror  becomes  sick,  so  as  to 
be  unable  to  perform  his  duty,  the  court  iw^y  order  him  to  be  dis- 
charged. In  that  case  the  trial  may  proceed  Avith  the  other  jurors 
with  the  consent  of  the  parties,  or  another  juror  may  be  sworn  and 
the  trial  begin  anew  or  the  jury  may  be  discharged  and  a  new  jury 
then  or  afterwards  impaneled. 

470.  When  prevented  from  giving  verdict,  the  cause  may  be 
again  tried. — ^In  all  cases  where  the  jury  are  discharged,  or  pre- 
vented from  giving  a  verdict,  by  reason  of  accident  or  other  cause, 
during  the  progress  of  the  trial,  or  after  the  cause  is  submitted  to 
them,  the  action  may  be  again  tried  immediately,  or  at  a  future  time, 
as  the  court  may  direct. 

471.  While  jury  are  absent,  court  may  adjourn  from  time  to 
time;  sealed  verdict. — While  the  jury  are  absent  the  court  may  ad- 
journ from  time  to  time,  in  respect  to  other  business;  but  it  is 
nevertheless  open  for  every  purpose  connected  with  the  cause  sub- 
mitted to  the  jury,  until  a  verdict  is  rendered  or  the  jury  discharged. 
The  court  may  direct  the  jury  to  bring  in  a  sealed  verdict,  at  the 
opening  of  the  court,  in  case  of  an  agreement  during  a  recess  or 
adjournment  for  the  day. 

472.  Verdict,  how  declared;  form  of;  polling  the  jury. — AVhen 
the  jury,  or  three  fourths  of  them,  have  agreed  upon  a  verdict,  they 
must  be  conducted  into  court,  their  names  called  by  the  clerk, 
and  the  verdict  rendered  by  their  foreman;  the  verdict  must  be  in 
writing,  signed  by  the  forenum,  and  must  be  read  by  the  clerk  to  the 
jury,  and  tlie  inquiry  made  whether  it  is  their  verdict.  Either  party 
may  require  the  jury  to  be  polled,  which  is  done  by  the  court  or 
clerk  asking  each  juror  if  it  is  his  verdict;  if  upon  such  inquiry  or 
polling,  more  than  one  fourth  of  the  jurors  disagree  thereto,  the 
jury  must  be  sent  out  again,  but  if  no  such  disagreement  be  ex- 
pressed, the  verdict  is  complete  and  the  jury  discharged  from  the 
case. 

473.  Proceedings  when  verdict  is  informal. — When  the  verdict 

is  announced,  if  it  is  informal  or  insufficient,  in  not  covering  the 
issue  submitted,  it  may  be  corrected  by  the  jury  under  the  advice 
of  the  court,  or  the  jury  may  be  again  sent  out. 

D.    THE  VERDICT 

481.  General  and  special  verdicts  defined. — The  verdict  of  a  jury 
is  either  general  or  special.  A  general  verdict  is  that  by  which  they 
pronounce  generally  upon  all  or  any  of  the  issues,  either  in  favor  of 
the  plaintiff  or  defendant;  a  special  verdict  is  that  by  which  the  jury 
find  the  facts  only,  leaving  the  judgment  to  the  court.  The  special 
verdict  must  present  the  conclusions  of  fact  as  established  by  the 
evidence,  and  not  the  evidence  to  prove  them ;  and  those  conclusions 
of  fact  must  be  so  presented  as  that  nothing  shall  remain  to  the  court 
but  to  draw  from  them  conclusions  of  law. 

CkOS  S-REFEREN  CB 

Misconduct  of  jui  y.  see  section  532  of  this  title. 

395 


T.4,  §482]  THE  CODE  OF  CIVIL  PROCEDURE 

482.  When  a  general  or  special  verdict  may  be  rendered. — In  an 

action  for  the  recovery  of  money  only,  or  specific  real  property,  the 
jury,  in  their  discretion,  may  render  a  general  or  special  verdict. 
In  all  other  cases  the  court  may  direct  the  jury  to  lind  a  special 
verdict  in  writing  upon  all,  or  any  of  the  issues,  and  in  all  cases  may 
instruct  them,  if  they  render  a  general  verdict,  to  find  upon  particu- 
lar questions  of  fact,  to  be  stated  in  writing,  and  may  direct  a  written 
finding  thereon.  The  special  verdict  or  finding  must  be  Mled  with 
the  clerk  and  entered  upon  the  minutes.  Where  a  special  finding  of 
facts  is  inconsistent  with  tlie  general  verdict,  the  former  controls  the 
latter,  and  the  court  must  give  judgment  accordingly. 

483.  Verdict  in  actions  for  recovery  of  money  or  on  establish- 
ing counterclaim. — When  a  verdict  is  found  for  the  plaintiff  in  an 
action  for  the  recovery  of  money,  or  for  the  defendant,  when  a  coun- 
terclaim for  the  recovery  of  money  is  established,  exceeding  the 
amount  of  the  plaintiff's  claim  as  established,  the  jury  must  also 
find  the  amount  of  the  recovery. 

484.  Verdict  in  actions  for  the  recovery  of  specific  personal 
property. — In  an  action  for  the  recovery  of  specific  personal  prop- 
erty, if  the  property  has  not  been  delivered  to  the  plaintiff,  or  the 
defendant,  by  liis  ansvv-er,  chiim  a  return  thereof,  the  jury,  if  their 
verdict  be  in  favor  of  the  plaintiff,  or  if  being  in  favor  of  defendant, 
they  also  find  that  he  is  entitled  to  a  return  thereof,  must  find  the 
value  of  the  property,  and,  if  so  instructed,  the  value  of  specific  por- 
tions thereof,  and  may  at  the  same  time  assess  the  damages,  if  any 
are  claimed  in  the  complaint  or  answer,  which  the  prevailing  party 

las  sustained  by  reason  of  the  taking  or  detention  of  such  property. 

CR0SS-EEFE3tEN  CB 

ury  must  find,  etc.,  see  section  544  of  this  title. 

485.  Entry  of  verdict. — Upon  receiving  a  verdict,  an  entry  must 
be  made  by  the  clerk  in  the  minutes  of  the  court,  specifying  the  time 
of  trial,  the  names  of  the  jurors  and  witnesses,  and  setting  out 
the  verdict  at  length ;  and  where  special  verdict  is  found,  either  the 
judgment  rendered  thereon,  or  if  the  case  be  reserved  for  argument 
or  further  consideration,  the  order  thus  reserving  it. 

Cros  s-Referen  ce 

Entry  of  judgment  upon  verdict,  time  of,  see  541  of  this  title. 

486.  Judgment  notwithstanding  verdict. — When  a  motion  for  a 
directed  verdict,  which  should  have  been  granted,  has  been  denied 
and  a  verdict  rendered  against  the  moving  party,  the  court,  at  any 
time  before  the  entry  of  judgment,  either  of  its  own  motion  or  on 
motion  of  the  aggrieved  party,  shall  render  judgment  in  favor  of  the 
aggrieved  party  notwithstanding  the  verdict. 

A  motion  for  judgment  notwithstanding  such  verdict  may  also  be 
made  in  the  alternative  form,  asking  therefor  and  reserving,  if  that 
be  denied,  the  right  to  apply  for  a  new  trial.  If  the  motion  for  a 
directed  verdict  or  for  judgment  notwithstanding  the  verdict  be 
denied,  the  trial  court  on  motion  for  new  trial  may  order  judgment 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  511 


to  be  so  entered  when  it  appears  from  the  whole  evidence  that  a 
verdict  should  have  been  so  directed  at  the  trial. 


ARTICLE   5.— TRIAL  BY   COURT 


Sec. 
501. 

502. 


Upon  trial  by  court,  decision  to  be  in 
writing  and  filed  within  30  d.iys. 

Facts  found  and  conclusions  of  law 
must  be  separately  stated ;  judg- 
ment on. 


Sec. 

r,o:i.  Waivinjr  findings  of  fact. 
504.  Proceedings     after     determination     of 
issue  of  law. 


501.  Upon  trial  by  court,  decision  to  be  in  vmting  and  filed 
within  thirty  days. — Upon  the  trial  of  a  question  of  fact  by  the 
court,  its  decision  must  be  given  in  writing  and  filed  with  the  clerk 
within  thirty  days  after  the  cause  is  submitted  for  decision. 

502.  Facts  found  and  conclusions  of  law  must  be  separately 
stated;  judgment  on. — In  giving  the  decision,  the  facts  found  and 
the  conclusions  of  law  must  be  separately  stated.  Judgment  upon 
the  decision  must  be  entered  accordingly. 

503.  Waiving  findings  of  fact. — Findings  of  fact  may  be  waived 
by  several  parties  to  an  issue  of  fact : 

1.  By  failing  to  appear  at  the  trial ; 

2.  By  consent  in  writing  filed  with  the  clerk; 

3.  By  oral  consent  in  open  court,  entered  in  the  minutes. 

In  all  cases  where  the  court  directs  a  part}'  to  prepare  findings, 
a  copy  of  said  proposed  findings  shall  be  served  upon  all  the  parties 
to  the  action  at  least  five  days  before  findings  shall  be  signed  by  the 
court,  and  the  court  shall  not  sign  any  findings  therein  prior  to  the 
expiration  of  such  five  days. 

504.  Proceedings  after  determination  of  issue  of  law. — On  a 

judgment  for  the  plaintifi'  upon  an  issue  of  law.  he  may  proceed  in 
the  manner  prescribed  by  the  first  two  subdivisions  of  section  421 
of  this  title,  upon  the  failure  of  the  defendant  to  answer.  If  judg- 
ment be  for  the  defendant  upon  an  issue  of  law,  and  the  taking  of  an 
account,  or  the  proof  of  any  fact,  be  necessary  to  enable  the  court  to 
complete  the  judgment,  a  reference  may  be  ordered,  as  in  that  section 
provided. 

Ceoss-Refekences 

Issue  of  law,  see  section  432  of  this  title. 
When  a  bar,  see  section  1934  of  this  title. 

Leave  to  answer  after  defendants'  demurrer  overruled,   see  section  274  of 
this  title. 
Judgment  generally,  see  section  541  of  thi:?  title. 
Judgment  by  default,  see  section  421  of  this  title. 


ARTICLE  6.— REFERENCES  AND  TRIALS  BY  REFEREES 


Sec. 
511. 

512. 

513. 


Reference  ordered  upon  agreement  of 
parties,   in  what  cases. 

Reference  ordered  on  motion,  in  what 
CMses. 

A  party  may  object ;  grounds  of  ob- 
jection. 


Sec. 

514.  Olyections,  how  disposed  of. 

515.  Referees  to  report  within  20  days. 
510.  Effect  of  referee's  finding. 

517.  How  excepted  to,  etc. 


511.  Reference  ordered  upon  agreement  of  parties,  in  what 
cases. — A  reference  may  be  ordered  upon  the  agreement  of  the  par- 
ties filed  with  the  clerk,  or  entered  in  the  minutes : 


397 


T.4,  §512]  THE  CODE  OF  CIVIL  PROCEDURE 

1.  To  try  any  or  all  of  the  issues  in  an  action  or  proceeding, 
whether  of  fact  or  of  law,  and  to  report  a  finding  and  judgment 
thereon ; 

2.  To  ascertain  a  fact  necessary  to  enable  the  court  to  determine 
an  action  or  proceeding. 

Cro  s  s-Refkren  ces 

Referee's  fees,  see  section  990  of  this  title. 

Two  of  ttiree  referees  may  act,  see  section  959  of  this  title. 

512.  Reference  ordered  on  motion,  in  what  cases. — When  the 
parties  do  not  consent,  the  court  may,  upon  the  application  of  either, 
or  of  its  OM'n  motion,  direct  a  reference  in  the  following  cases : 

1.  When  the  trial  of  an  issue  of  fact  requires  the  examination  of 
a  long  account  on  either  side;  in  which  case  the  referees  may  be 
directed  to  hear  and  decide  the  whole  issue,  or  report  upon  any  spe- 
cific question  of  fact  involved  therein ; 

2.  When  the  taking  of  an  account  is  necessary  for  the  information 
of  the  court  before  judgment,  or  for  carrying  a  judgment  or  order 
into  effect ; 

3.  When  a  question  of  fact,  other  than  upon  the  pleadings,  arises 
upon  motion  or  otherwise,  in  any  stage  of  the  action ; 

4.  When  it  is  necessary  for  the  information  of  the  court  in  a 
special  proceeding. 

Cross-references 

Reference  on   proceedings   supplementary   to  execution,    see   section   621   of 
this  title. 
Reference  in  mandamus,  see  section  1059  of  this  title. 

513.  A  party  may  object;  grounds  of  objection. — A  party  may 
object  to  the  appointment  of  any  jDcrson  as  referee,  on  one  or  more 
of  the  following  grounds : 

1.  A  want  of  any  of  the  qualifications  prescribed  to  render  a  person 
competent  as  a  juror; 

2.  Consanguinity  or  affinity,  within  the  third  degree,  to  either 
party,  or  to  an  officer  of  a  corporation  which  is  a  party,  or  to  the 
judge  of  the  court  in  which  the  appointment  shall  be  made; 

3.  Standing  in  the  relation  of  guardian  and  ward,  master  and 
servant,  employer  and  clerk,  or  principal  and  agent,  to  either  party; 
or  being  a  member  of  the  family  of  either  party;  or  a  partner  in 
business  with  either  party;  or  security  on  any  bond  or  obligation 
for  either  party ; 

4.  Having  served  as  a  juror  or  been  a  witness  on  any  trial  between 
the  same  parties  for  the  same  cause  of  action; 

5.  Interest  on  the  part  of  such  person  in  the  event  of  the  action, 
or  in  the  main  question  involved  in  the  action; 

6.  Having  formed  or  expressed  an  unqualified  opinion  or  belief  as 
to  the  merits  of  the  action ; 

7.  The  existence  of  a  state  of  mind  in  such  person  evincing  enmity 
against  or  bias  to  either  party. 

Cross-Refeeencb 
Consanguinity  or  affinity,  see  title  3,  section  637. 


888 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  521; 


514.  Objections,  how  disposed  of. — The  objections  taken  to  the 
appointment  of  any  person  as  referee  must  be  heard  and  disposed 
of  by  the  court.  Affidavits  may  be  read  and  witnesses  examined  as 
to  such  objections. 

515.  Referees  to  report  within  twenty  days. — The  referees  or 

commissioner  must  report  their  findings  in  writing  to  the  court 
within  twenty  days  after  the  testimony  is  closed  and  the  facts  found 
and  conclusions  of  law  must  be  separately  stated  therein. 

CUOS  S-REFEEEN  OES 

Two  of  three  referees  may  act,  see  section  959  of  this  title. 
Enforcing  order,  see  section  2.3  of  this  title. 

516.  Effect  of  referee's  finding. — The  finding  of  the  referee  or 
commissioner  upon  the  whole  issue  must  stand  as  the  finding  of  the 
court,  and  upon  tiling  of  the  finding  with  the  clerk  of  the  court, 
judgment  may  be  entered  thereon  in  the  same  manner  as  if  the 
action  had  been  tried  by  the  court. 

Cross-Reference 

Force  and  effect  of  findings,  see  also  section  1487  of  this  title. 

517.  How  excepted  to,  etc. — The  findings  of  the  referee  or  com- 
missioner may  be  excepted  to  and  reviewed  in  like  manner  as  if  made 
by  the  court.  When  the  reference  is  to  report  the  facts,  the  finding 
reported  has  the  effect  of  a  special  verdict. 

ARTICLE  7.— PROVISIONS  RELATING  TO  TRIALS  IN  GENERAL 


A.  Exceptions 
Sec. 

521.  "  Exception  "  defined  ;  when  taken. 

522.  Verdict  or   order  iu  absence  of  party, 

deemed  excepted  to. 

523.  Exception,  form  of. 

524.  Bill    of    exceptions,    when    to    be   pre- 

sented, etc. 

525.  Bill    of    exceptions,    preparation    and 

settlement ;  time  of  filing. 

526.  Exceptions   after  judgment. 

527.  Proceedings  if  judge   refuses   to   allow 

bill  of  exceptions. 

528.  Settlement  of  bill  of  exceptions. 


B.  New  Trials 
Sec. 

531.  New  trial  defined. 

532.  When   new  trial   may  be   granted. 

533.  Manner  of  making  application  for  new 

trial. 

534.  Notice  of   motion,   upon   whom   to    be 

served,   and    what    to   contain. 

535.  Time  of  hearing  motion  ;   reference  to 

pleadings,    orders    and    evidence    at 
hearing. 

536.  Vacation    of  judgment. 

537.  Notice  of  intention  to  move  to  vacate 

judgment ;  time  for  making  motion. 


A.  EXCEPTIONS 

521.  "  Exception  "  defined ;  when  taken. — An  exception  is  an  ob- 
jection upon  a  matter  of  law  to  a  decision  made,  either  before  or 
after  judgment,  by  a  court,  tribunal,  judge,  or  other  judicial  officer, 
in  an  action  or  proceeding.  The  exception  must  be  taken  at  the  time 
the  decision  is  made,  except  as  provided  in  the  section  next  following. 

522.  Verdict  or  order  in  absence  of  party,  deemed  excepted  to. — 

The  verdict  of  the  jury,  the  final  decision  in  an  action  or  proceeding, 
an  interlocutory  order  or  decision,  finally  determining  the  rights  of 
the  parties,  or  some  of  them,  an  order  or  decision  from  which  an 
appeal  may  be  taken,  an  order  sustaining  or  overruling  a  demurrer, 
allowing  or  refusing  to  allow  an  amendment  to  a  pleading,  striking 
out  a  pleading  or  a  portion  thereof,  refusing  a   continuance,  an 


399 


T.  4,  §  523]  THE  CODE  OF  CIVIL  PROCEDURE 

order  made  upon  ex  parte  application,  giving  an  instruction, 
although  no  objection  to  such  instruction  was  made,  refusing  to  give 
an  instruction,  modifying  an  instruction  requested,  an  order  or 
decision  made  in  the  absence  of  the  p^^rty  or  an  order  granting  or 
denying  a  nonsuit  or  a  motion  to  strike  out  evidence  or  testimony 
and  a  ruling  sustaining  or  overruling  an  objection  to  evidence,  are 
deemed  to  have  been  excepted  to. 

523.  Exception,  form  of. — No  particular  form  of  exception  is  re- 
quired, but  when  the  exception  is  to  the  verdict  or  decision,  upon 
the  ground  of  the  insufficiency  of  the  evidence  to  justify  it,  the 
objection  must  specify  the  particulars  in  which  such  evidence  is 
alleged  to  be  insufficient.  The  objection  must  be  stated,  with  so 
much  of  the  evidence  or  other  matter  as  is  necessary  to  explain  it, 
and  no  more.  Only  the  substance  of  the  reporter's  notes  of  the 
evidence  shall  be  stated.  Documents  on  file  in  the  action  or  proceed- 
ing may  be  copied,  or  the  substance  thereof  stated,  or  a  reference 
thereto  sufficient  to  identify  them  may  be  made. 

524.  Bill  of  exceptions,  when  to  be  presented,  etc. — A  bill  con- 
taining the  exception  to  any  decision  may  be  presented  to  the  court 
or  judge  for  settlement  at  any  time  after  the  decision  is  made,  but 
the  same  must  be  presented  within  ten  days  after  written  notice  of 
making  such  decision,  and  after  having  been  settled  must  be  signed 
by  the  judge  and  filed  with  the  clerk.  When  the  decision  excepted 
to  is  made  by  a  tribunal  other  than  a  court,  or  by  a  judicial  officer, 
the  bill  of  exceptions  must  be  presented  to  and  settled  and  signed 
by  such  tribunal  or  officer. 

525.  Bill  of  exceptions,  preparation  and  settlement;  time  of  fil- 
ing.— When  a  party  desires  to  have  exceptions  taken  at  a  trial  settled 
in  a  bill  of  exceptions,  he  may,  at  any  time  thereafter,  and  within 
ten  days  after  the  entr^^  of  judgment,  if  the  action  was  tried  with  a 
jury,  or  after  receiving  notice  of  the  entry  of  judgment,  if  the  action 
was  tried  w^ithout  a  jury,  or  if  proceedings  on  motion  for  a  new  trial 
be  pending,  Avithin  ten  days  after  notice  of  decision  denying  said 
motion,  or  other  determination  thereof,  or  such  further  time  as  the 
court  in  which  the  action  is  pending,  or  the  judge  thereof,  may 
allow,  prepare  the  draft  of  a  bill,  and  serve  the  same,  or  a  copy 
thereof,  upon  the  adverse  party. 

Contents  of  draft. — Such  draft  must  contain  all  the  exceptions 
and  proceedings  taken  upon  which  the  party  relies,  and  may  con- 
tain all  matters  reviewable  on  the  same  appeal  whether  occurring 
at  the  trial  or  on  motion  for  a  new  trial.  It  may  also  contain  a 
statement  of  any  matters  occurring  upon  the  trial,  in  the  presence 
of  the  court,  showing  any  of  the  matters  mentioned  in  subdivisions 
1  and  2  of  section  532  of  "this  title. 

Adverse  pai;ty  may  propose  amendments. — Within  ten  days  after 
such  service,  the  adverse  party  may  propose  amendments  thereto,  and 
serve  the  same  or  a  copy  thereof,  upon  the  other  party. 

Delivery  to  the  judge. — The  projjosed  bill  and  amendments  must, 
within  ten  days  thereafter  be  presented  by  the  party  seeking  the 
settlement  of  the  bill,  to  the  judge  who  tried  or  heard  the  case,  upon 


400 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  527 

five  days'  notice  to  the  ath^crse  party,  or  be  delivered  to  the  clerk  of 
the  court  for  the  jndsxc.  AYhen  received  by  the  clerk  he  must  im- 
mediately deliver  them  to  the  judse,  if  he  is  in  the  Canal  Zone;  if 
he  is  absent  from  the  Zone,  and  either  party  desires  the  paper  to  bo 
forwarded  to  the  judjie,  the  clerk  must,  upon  notice  in  writing:  of 
such  party,  immediately  forward  them  by  mail,  or  other  safe  chan- 
nel; if  not  thus  forw^ardod  the  clerk  must  deliver  them  to  the  judf^e 
immediately  after  his  return  to  the  Zone. 

Judge  to  designate  time  of  settijng. — ^Wlien  received  from  the 
clerk,  the  judo'e  must  desifmate  tlie  time  at  which  he  will  settle  the 
bill,  and  the  clerk  must  immediately  notify  the  parties  of  such 
desiofnation.  At  the  time  designated  the  jud<re  must  settle  the  bill. 
The  bill  must  thereupon  be  enjfjrossed  and  presented  to  the  judge 
to  be  certified,  by  the  party  presenting  it.  wnthin  ten  days. 

Action  teted  before  keferfe. — If  the  action  was  tried  before  a 
referee,  the  proposed  bill,  with  the  amendments,  if  any,  must  be 
presented  to  such  referee  for  settlement  within  ten  days  after  serv- 
ice of  the  amendments,  upon  notice  of  five  davs  to  the  adverse  party, 
and  thereupon  the  referee  must  settle  the  bill.  If  no  amendments 
are  served  or  if  served  are  allowed,  the  proposed  bill  mav  be  pre- 
sented, with  the  amendments,  if  any,  to  the  judge  or  referee,  for 
settlement  without  notice  to  the  adverse  party. 

Judge  to  strike  out  useless  matter.— It  is  the  duty  of  the  judge 
or  referee,  in  settling  the  bill,  to  strike  out  of  it  all  redundant  and 
useless  matter,  so  that  the  excpptions  and  proceedings  mav  be  pre- 
sented as  briefly  as  possible.  When  settled,  the  bill  must  be  signed 
by  the  judge  or  referee,  with  his  certificate  to  the  effect  that  the  same 
is  allowed,  and  must  then  be  filed  with  the  clerk. 

Not  to  be  served  on  party  when  default  entered. — IS'o  bill  of 
exceptions,  notice  of  appeal,  or  notice  or  paper,  other  than  amend- 
ments to  the  pleaclino's  or  an  amended  ]:»leading,  need  be  served  upon 
any  party  whose  default  has  befn  duly  entered,  or  who  has  not 
appeared  in  the  action  or  proceeding. 

526.  Excentions   after   judgment. — Exceptions   to   any   decision 

made  after  judgment  mav  be  presented  to  the  judjie  at  the  time 
of  such  decision,  and  be  settled  or  noted,  as  provided  in  section  524  of 
this  title,  or  a  bill  thereof  mav  be  presented  and  settled  afterward. 
as  provided  in  section  525  of  this  title,  and  within  like  periods  after 
written  notice  of  entry  of  the  order,  upon  appeal  from  which  such 
decision  is  reviewable. 

527.  Proceedings  if  judge  refuses  to  allow  bill  of  exceptions. — 

If  the  judge  in  any  case  refuses  to  allow  a  bill  of  exceptions  in 
accordance  with  the  facts,  the  narty  desiring  the  bill  settled  may 
applv  by  petition  to  the  United  States  Circuit  Court  of  Appeals  for 
the  Fifth  Circuit  to  prove  the  same;  the  application  may  be  made  in 
the  mode  and  manner,  and  under  such  rei^-ulations  as  that  court  mav 
prescribe;  and  the  bill,  whon  proven,  must  be  certified  bv  the  rourt 
as  correct,  and  filed  with  the  clerk  of  thp  oourt  in  which  the  action 
was  tried,  and  when  so  filed  it  has  the  same  force  and  effect  as  if 
settled  by  the  judge  who  tried  the  cause. 


401 


T.  4,  §  528]  TEE  CODE  OF  CIVIL  PROCEDURE 

528.  Settlement  of  bill  of  exceptions. — When  the  decision  ex- 
cepted to  was  made  by  any  judicial  officer,  other  than  a  judge,  tlie 
bill  of  exceptions  shall  be  presented  to  such  judicial  officer,  and  be 
settled  and  signed  by  him  in  the  same  manner  as  it  is  required  to 
be  presented  to,  settled,  and  signed  by  a  court  or  judge.  A  judge  or 
judicial  officer  may  settle  and  sign  a  bill  of  exceptions  after,  as  well 
as  before,  he  ceases  to  be  such  judge  or  judicial  officer.  If  such 
judge  or  judicial  officer,  before  the  bill  of  exceptions  is  settled,  dies, 
is  removed  from  office,  becomes  disqualified,  is  absent  from  the  Canal 
Zone,  or  refuses  to  settle  the  bill  of  exceptions,  or  if  no  mode  is 
provided  by  law  for  the  settlement  of  the  same,  it  shall  be  settled  and 
certified  in  such  manner  as  the  Circuit  Court  of  Appeals  may,  by  its 
order  or  rules,  direct. 

B.  nt:w  trials 

531.  New  trial  defined. — A  new  trial  is  a  reexamination  of  an 

issue  of  fact  in  the  same  court  after  a  trial  and  decision  by  a  jur}^, 
court,  or  referee. 

532.  When  new  trial  may  be  granted. — The  former  verdict  or 
other  decision  may  be  vacated  and  a  new  trial  granted,  on  the  appli- 
cation of  the  part}''  aggrieved,  for  any  of  the  following  causes, 
materially  affecting  the  substantial  rights  of  such  party : 

1.  Irregularity  in  the  proceedings  of  the  court,  jury,  or  adverse 
party,  or  any  order  of  the  court  or  abuse  of  discretion  by  which  either 
party  was  prevented  from  having  a  fair  trial ; 

2.  Misconduct  of  the  jury;  and  whenever  any  one  or  more  of  the 
jurors  have  been  induced  to  assent  to  any  general  or  special  verdict, 
or  to  a  finding  on  any  question  submitted  to  them  by  the  court,  by 
a  resort  to  the  determination  of  chance,  such  misconduct  may  be 
proved  by  the  affidavit  of  any  one  of  the  jurors; 

3.  Accident  or  surprise,  which  ordinary  prudence  could  not  have 
guarded  against; 

4.  Newly  discovered  evidence,  material  for  the  party  making  the 
application,  which  he  could  not,  with  reasonable  diligence,  have 
discovered  and  produced  at  the  trial; 

5.  Excessive  damages,  appearing  to  have  been  given  under  the 
influence  of  passion  or  prejudice; 

6.  Insufficiency  of  the  evidence  to  justify  the  verdict  or  other  deci- 
sion, or  that  it  is  against  law; 

7.  Error  in  law,  occurring  at  the  trial  and  excepted  to  by  the 
party  making  the  application. 

When  a  new  trial  is  granted  upon  the  ground  of  the  insufficiency 
of  the  evidence  to  sustain  the  verdict,  the  order  shall  so  specify; 
otherwise,  on  appeal  from  such  order,  it  will  be  presumed  that  the 
order  was  not  based  upon  that  ground. 

533.  Manner  of  making  application  for  new  trial. — When  the  ap- 
plication is  made  for  a  cause  mentioned  in  subdivisions  1  to  4  of  the 
next  preceding  section,  it  must  be  made  upon  affidavits;  otherwise  it 
must  be  made  on  the  minutes  of  the  court. 


402 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  536 

534.  Notice  of  motion,  upon  whom  to  be  served,  and  what  to 
contain. — The  piirty  intending  to  move  for  a  new  trial  must,  either 
before  the  entry  of  judgment  or  within  ten  days  after  receiving 
notice  of  the  entry  of  the  judgment,  or  within  ten  days  after  ver- 
dict, if  the  trial  was  by  jury,  file  with  the  clerk  and  serve  upon 
the  adverse  party  a  notice  of  his  intention  to  move  for  a  new  trial, 
designating  the  grounds  upon  which  the  motion  will  be  made  and 
whether  the  same  will  be  made  upon  affidavits  or  the  minutes  of  the 
court  or  both.  The  time  above  specified  shall  not  be  extended  by 
order  or  stipulation.  If  the  motion  is  to  be  made  upon  affidavits, 
the  moving  party  must,  within  ten  days  after  serving  the  notice,  or 
such  further  time  as  the  court  in  which  the  action  is  pending,  or  the 
judge  thereof,  may  allow  (but  not  to  exceed  twenty  days'  additional 
time)  file  such  affidavits  Avith  the  clerk  and  serve  a  copy  thereof  upon 
the  adverse  party,  who  shall  have  ten  days  thereafter,  or  such  fur- 
ther time  as  the  court  ma}^  allow  (not  exceeding  twenty  days'  addi- 
tional time)  to  file  counter-aff.davits  and  serve  a  copy  thereof  upon 
the  moving  party. 

Ceos  s-Referenob 

Extension  of  time,  see  section  960  of  this  title, 

535.  Time  of  hearing  motion ;  reference  to  pleadings,  orders  and 
evidence  at  hearing. — The  motion  for  a  new  trial  must  be  heard  at 
the  earliest  practicable  time  after  the  filing  of  affidavits  and  counter- 
affidavits,  in  case  the  motion  is  made  on  affidavits,  in  other  cases 
after  the  filing  of  the  notice.  On  such  hearing  reference  may  be 
had  in  all  cases  to  the  pleadings  and  orders  of  the  court  on  file, 
and  when  the  motion  is  made  on  the  minutes,  reference  may  also 
be  had  to  any  depositions  and  documentary  evidence  offered  at  the 
trial  and  to  the  report  of  the  proceedings  on  the  trial  taken  by  the 
reporter,  or  to  any  certified  transcript,  of  such  report,  or  if  there  be 
no  such  report  or  certified  transcript,  to  such  proceedings  occurring 
at  the  trial  as  are  within  the  recollection  of  the  judge;  when  the  pro- 
ceedings at  the  trial  have  been  reported,  but  the  reporter's  notes  have 
not  been  transcribed,  the  reporter  must,  upon  request  of  the  court,  or 
either  party,  attend  the  hearing  of  the  motion,  and  shall  read  his 
notes,  or  such  parts  thereof  as  the  court,  or  either  party,  may  require. 

New  trial  hearing  has  precedence. — The  hearing  and  disposition 
of  the  motion  for  a  new  trial  shall  have  precedence  over  all  other 
matters  except  criminal  cases,  probate  matters,  and  cases  actually  on 
trial,  and  it  shall  be  the  duty  of  the  court  to  determine  the  same  at 
the  earliest  possible  moment. 

Motion  to  be  passed  on  within  two  months. — The  power  of  the 
court  to  pass  on  motion  for  a  new  trial  shall  expire  within  two 
months  after  the  verdict  of  the  jury  or  service  on  the  moving  party 
of  notice  of  the  entry  of  the  judgment.  If  such  motion  is  not  deter- 
mined within  said  two  months,  the  effect  shall  be  a  denial  of  the 
motion  without  further  order  of  the  court. 

536.  Vacation  of  judgment. — A  judgment  or  decree  of  the  dis- 
trict court,  when  based  upon  findings  of  fact  made  by  the  court, 


403 


T.  4,  §  537] 


THE  CODE  OF  CIVIL  PROCEDURE 


or  the  special  verdict  of  a  jury,  may,  upon  motion  of  the  party 
aggrieved,  be  set  aside  and  vacated  by  the  court,  and  another  and 
different  judgment  entered,  for  either  of  the  following  causes,  mate- 
riall}'-  affecting  the  substantial  rights  of  such  party  and  entitling  him 
to  a  different  judgment : 

1.  Incorrect  or  erroneous  conclusions  of  law  not  consistent  with 
or  not  supported  by  the  findings  of  fact;  and  in  such  case  when 
the  judgment  is  set  aside,  the  conclusions  of  law  shall  be  amended 
and  corrected. 

2.  A  judgment  or  decree  not  consistent  with  or  not  supported  by 
the  special  verdict. 

537.  Notice  of  intention  to  move  to  vacate  judgment;  time  for 
making  motion. — The  party  intending  to  make  the  motion  men- 
tioned in  the  next  preceding  section  must,  within  ten  days  after  notice 
of  the  entry  of  judgment,  serve  upon  the  adverse  party  and  file  with 
the  clerk  of  the  court  a  notice  of  his  intention,  designating  the 
grounds  upon  which,  and  the  time  at  which  the  motion  will  be  made, 
and  specifying  the  particulars  in  which  the  conclusions  of  law  are 
not  consistent  with  the  finding  of  facts,  or  in  which  the  judgment  or 
decree  is  not  consistent  with  the  special  verdict.  The  time  desig- 
nated for  the  making  of  the  motion  must  not  be  more  than  sixty 
days  from  the  time  of  the  service  of  the  notice. 

ARTICLE  8.— MANNER  OF  GIVING  AND  ENTERING   JUDGMENT 


Sec. 

541.  Judgment  to  be  entered  in  twenty-four 

hours,  etc. 

542.  Case  may  be  brought  before  the  court 

for  argument. 

543.  When  counterclaim  established  exceeds 

plaintifl's   deman'l. 

544.  In    replevin,    judgment    lo    be    in    the 

alternative,  and  with  damages ;  gold 
coin    or    currency    judgment. 


Sec. 

545.   Clerk    to   enter   abstract   of   judgment. 
54f).  If  a  party  die  after  verdict,  judgment 
may  be  entered. 
47.   Judgment    roll,    what    constitutes. 
Clerk   to  enter  judgment. 
Docket  to  be  open  for  inspection  with- 
out charge. 
Satisfaction  of  a  judgment,  how  made. 


.^,48 
."49 


550. 


541.  Judgment  to  be  entered  in  twenty-four  hours,  etc. — Wlien 

trial  by  jury  has  been  had,  judgment  must  be  entered  by  the  clerk, 
in  conformity  to  the  verdict,  within  twenty-four  hours  after  the 
rendition  of  the  verdict,  unless  the  court  order  the  case  to  be  reserved 
for  argument  or  further  consideration,  or  grant  a  stay  of  proceedings. 
If  the  trial  has  been  had  by  the  court,  judgment  must  be  entered  by 
the  clerk,  in  conformity  to  the  decision  of  the  court,  immediately 
upon  the  filing  of  such  decision.  In  no  case  is  a  judgment  effectual 
for  any  purpose  until  so  entered. 

Cross-Refekences 

Entry  of  jndgnient  upon  trial  by  court,  see  section  502  of  this  title. 
Entry  of  jutlf?nient  upon  verdict,  see  also  section  485  of  this  title. 
Entry  of  judgment  in  proceedinj^^s  In  forcible  entry  and  detainer,  see  section 
1154  of  this  title. 

Entry  of  judgment  on  referee's  report,  see  section  51G  of  this  title. 

542.  Case  may  be  brought  before  the  court  for  argument. — 

When  the  case  is  reserved  for  argument  or  further  consideration, 


404 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  546 

as  mentioned  in  the  next  preceding  section,  it  maj^  be  brought  b}' 
eitlier  party  before  the  court  for  argument. 

543.  When  counterclaim  established  exceeds  plaintiff's  de- 
mand.— If  a  counterclaim,  established  at  the  trial,  exceed  the  plain- 
tiff's demand,  judgment  for  the  defendant  must  be  given  for  the 
excess;  or  if  it  appear  that  the  defendant  is  entitled  to  any  other 
affirmative  relief,  judgment  must  be  given  accordingly. 

Cross-References 

Counterclaim  generally,  see  sections  223  and  224  of  this  title. 
Verdict  when  counterclaim   is  established   exceeding  plaintiffs  demand,  see 
section  483  of  this  title. 

Dismissal  or  nonsuit  where  counterclaim  filed,  see  section  415  of  this  title. 

544.  In  replevin,  jiiclgment  to  be  in  the  alternative,  and  with 
damages;  gold  coin  or  currency  judgment. — In  an  action  to  re- 
cover the  possession  of  personal  property,  judgment  for  the  plain- 
tiff may  be  for  the  possession  or  the  value  thereof,  in  case  a  deliver}^ 
cannot  be  had,  and  damages  for  the  detention.  If  the  property  has 
been  delivered  to  the  plaintiff,  and  the  defendant  claim  a  return 
thereof,  judgment  for  the  defendant  may  be  for  a  return  of  the 
property'  or  the  value  thereof,  in  case  a  return  cannot  be  had,  and 
damages  for  taking  and  withholding  the  same.  In  an  action  on  a 
contract  or  obligation  in  writing,  for  the  direct  payment  of  money, 
made  payable  in  a  specified  land  of  money  or  currency,  judgment  for 
the  plaintiff,  whether  it  be  by  default  or  after  verdict,  may  follow 
the  contract  or  obligation,  and  be  made  payable  in  the  kind  of  money 
or  currency  specified  therein;  and  in  all  actions  for  the  recovery 
of  money,  if  the  plaintiff  allege  in  his  complaint  that  the  same  was 
understood  and  agreed  by  the  respective  parties  to  be  payable  in 
a  specified  kind  of  money  or  currenc}^,  and  this  fact  is  admitted 
by  the  default  of  the  defendant  or  established  by  evidence,  the 
judgment  for  the  plaintiff  must  be  made  paj^able  in  the  kind  of 
money  or  currenc}'  so  alleged  in  the  complaint;  and  in  an  action 
against  any  person  for  the  recovery  of  money  received  by  such 
person  in  a  fiduciary  capacity,  or  to  the  use  of  another,  judgment 
for  the  plaintiff  must  be  made  payable  in  the  kind  of  money  or 
currency  so  received  by  such  person. 

Cross-Refeuences 

Claim  and  delivery  generally,  see  sections  821    to  333  of  this  title. 
Return  of  property  to  defendant,  see  sections  326  and  484  of  this  title. 
Verdict  in  replevin,  see  section  4S4  of  this  title. 
Correcting  affidavit  of  value,  see  section  275  of  this  title. 
Execution,  see  section  583  of  this  title. 

545.  Clerk  to  enter  abstract  of  judgment. — The  clerk  must  enter 
an  abstract  of  the  judgment  in  a  column  set  aside  for  that  purpose  on 
the  civil  docket. 

546.  If  a  party  die  after  verdict,  judgment  may  be  entered. — If 

a  party  die  after  a  verdict  or  decision  upon  any  issue  of  fact,  and 


405 


T.4,  §547]  THE  CODE  OF  CIVIL  PROCEDURE 

before  judgment,  the  court  may  nevertheless  render  judgment  thereon. 
Such  judgment  is  payable  m  the  course  of  administration  on  his 
estate. 

Cross-References 

Effect  of  judgment  against  representative,  see  section  14S5  of  this  title. 
Suggestion  of  death,  set)  section  141  of  this  title. 

547.  Judgment  roll,  what  constitutes. — Immediately  after  enter- 
ing the  judgment,  the  clerk  must  attach  together  and  file  the  follow- 
ing papers,  which  constitute  the  judgment  roll: 

1.  In  case  the  complaint  is  not  answered  by  an}'^  defendant,  the 
summons,  with  the  affidavit  or  proof  of  service ;  the  complaint  with 
a  memorandum  indorsed  thereon  that  the  default  of  the  defendant  in 
not  answ^ering  was  entered,  and  a  copy  of  the  judgment;  and  in  case 
the  service  so  made  is  by  publication,  the  affidavit  for  publication 
of  summons,  and  the  order  directing  the  publication  of  summons. 

2.  In  all  other  cases,  the  pleadings,  all  orders  striking  out  any 
pleading  in  whole  or  in  part,  a  copy  of  the  verdict  of  the  jury,  or 
finding  of  the  court  or  referee,  and  a  copy  of  any  order  made  on 
demurrer,  or  relating  to  a  change  of  parties,  and  a  copy  of  the  judg- 
ment; if  there  are  two  or  more  defendants  in  the  action,  and  any  one 
of  them  has  allowed  judgment  to  pass  against  him  by  default,  the 
summons,  with  proof  of  its  service,  on  such  defendant;  and  if  the 
service  on  such  defaulting  defendant  be  by  publication,  then  the 
affidavit  for  publication,  and  the  order  directing  the  publication  of 
the  summons. 

Cboss-Eefekences 

Agreed  case,  judgment  roll  on,  see  section  1112  of  this  title. 
Certiorari,  judgment  roll  on,  see  section  1041  of  this  title. 
Confession,  judgment  roll  on,  see  section  1103  of  this  title. 

548.  Clerk    to    enter   judgment. — Immediately    after   filing   the 

judgment  roll,  the  clerk  must  make  the  proper  entries  of  the  judg- 
ment under  appropriate  heads,  in  the  civil  docket  kept  by  him. 

549.  Docket  to  be  open  for  inspection  without  charge. — The 

docket  kept  by  the  clerk  is  open  at  all  times,  during  office  hours, 
for  the  inspection  of  the  public,  without  charge.  The  clerk  nmst 
arrange  the  several  dockets  kept  by  him  in  such  a  manner  as  to 
facilitate  their  inspection. 

550.  Satisfaction  of  a  judgment,  how  made. — Satisfaction  of  h, 
judgment  may  be  entered  in  the  clerk's  docket  upon  an  execution 
returned  satisfied,  or  upon  an  acknowledgment  of  satisfaction  filed 
with  the  clerk,  made  in  the  manner  prescribed  in  chapter  22  of 
Title  3,  The  Civil  Code,  by  the  judgment  creditor,  or  by  his  indorse- 
ment on  the  face,  or  on  the  margin  of  the  record  of  tlie  judgment,  or 
by  the  attorney,  unless  a  revocation  of  his  authority  is  filed.  When-|  I 
ever  a  judgment  is  satisfied  in  fact,  otherwise  than  upon  an  execu-'" 
tion,   the   party   or   attorney    must   give  such   acknowledgment,   or 


406 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  5G2 


make  such  indorsement,  and,  upon  motion,  the  court  may  compel 
it,  or  may  order  the  entry  of  satisfaction  to  be  made  without  it, 

Cross-Retekences 

Ackncjwledgriiients,  see  section  33  of  this  title. 

Attorney,  power  to  bind  client,  see  section  4S  of  this  title. 

Contribution  between  joint  judgment  debtors,  see  section  610  of  this  title. 

Fur  chapter  22  of  title  3,  see  title  3,  sections  491  et  seq. 

ARTICLE  9.— UNDERTAKING  IN  ACTION  TO  SET  ASIDE  FRAUDULENT 

TRANSFER 


Sec. 

5G1.   Undertaking    permitting    transferee    to 
dispose  of  property. 

562.  Conditions   of   undeitaliing. 

563.  Filing   and   serving   undertaking. 

564.  Objections   to   sureties. 

565.  Justification  of  sureties  ;  approval  and 

disapproval   of  undertaking. 


Sec. 

566.  Objection    because    estimated    value    in 

undertaking  less  than  market  value  ; 
new  undertaking. 

567.  Justification   of  sureties. 

568.  Wben  undertaking  becomes  effective. 
560.   Judgment  against  sureties. 


561.  Undertaking  permitting  transferee  to  dispose  of  prop- 
erty.— Where  an  action  is  commenced  to  set  aside  a  transfer  or  con- 
veyance of  property  on  the  grounds  that  such  transfer  or  conveyance 
was  made  to  hinder,  delay,  or  defraud  a  creditor  or  creditors,  the 
transferee  or  grantee  to  whom  it  is  alleged  the  property  was  trans- 
ferred or  conveyed  to  hinder,  delay  or  defraud  creditors  or  the  suc- 
cessors or  assigns  of  such  transferee  or  grantee,  may  give  an  under- 
taking as  herein  provided,  and  when  such  undertaking  is  given  as 
herein  provided,  the  transferee  or  grantee  to  whom  it  is  alleged  the 
property  was  transferred  or  conve3^ed  to  hinder,  delay,  or  defraud 
creditors,  or  the  successors  and  assigns  of  such  transferee  or  grantee, 
may  sell,  encumber,  transfer,  convey,  mortgage,  pledge,  or  other- 
wise dispose  of  the  propert}",  or  any  part  thereof,  which  is  alleged 
to  have  been  transferred  or  convej^ed  to  hinder,  delay,  or  defraud 
creditors,  so  that  the  purchaser,  encumbrancer,  transferee,  mort- 
gagee, grantee,  or  pledgee  of  such  property,  will  take,  own,  hold,  and 
possess  such  property  unaffected  by  such  action  and  suit,  or  the 
judgment  which  may  be  rendered  therein. 

CeOSS-RE3TE21ENCB 

Fraudulent  conveyances  or  transfers,  see  title  3,  sections  2761  et  seq. 

562.  Conditions  of  undertaking. — Such  undertaking  with  two 
sureties  shall  be  executed  by  the  transferee  or  grantee  to  whom  it 
is  alleged  the  property  was  transferred  or  conveyed  to  hinder,  delay, 
or  defraud  creditors,  or  the  successor  or  assign  of  such  transferee 
or  gi'aiitee,  in  double  the  estimated  value  of  the  property  so  alleged 
to  have  been  transferred  or  conveyed :  Provided^  That  in  no  case  need 
such  undertaking  be  for  a  greater  sum  than  double  the  amount  of 
the  debt  or  liability  alleged  to  be  due  and  owing  to  the  plaintiff  in 
such  action,  commenced  to  set  aside  said  transfer  and  conveyance; 
and  where  such  estimated  value  of  the  property  alleged  so  to  have 
been  conveyed  is  less  than  the  sum  alleged  to  be  due  and  owing  to 


407 


T.  4,  §  563]  TEE  CODE  OF  CIVIL  PROCEDURE 

the  plaintiff  in  the  action,  such  estimated  value  shall  be  stated  in 
the  undertaking,  and  sai  J  undertaking  shall  be  conditioned  that,  if  it 
be  adjudged  in  said  action  that  the  transfer  or  conveyance  Avas  made 
to  hinder,  delay  or  defraud  a  creditor  or  creditors,  then  that  the 
transferee  or  grantee  or  the  said  successor  or  assigns  of  such  trans- 
feree or  grantee  giving  such  undertaking,  will  pay  to  the  plaintiff 
in  said  action  a  sum  equal  to  the  value,  as  the  same  is  estimated  in 
said  undertaking,  of  said  propert}^  alleged  to  have  been  transferred 
or  conveyed  to  hinder,  delay,  or  defraud  creditors,  not  exceeding  the 
sum  alleged  to  be  due  and  owing  to  the  plaintiff'  in  the  action. 

563.  Filing  and  serving  undertaking. — Said  undertaking  shall  be 
filed  in  the  action  in  which  said  execution  issued  and  a  copy  thereof 
served  upon  the  plaintiff'  or  his  attorney  in  said  action. 

564.  Objections  to  sureties. — Within  ten  days  after  service  of  the 
copy  of  undertaking  the  plaintiff  may  object  to  such  undertaking 
on  the  ground  of  inability  of  the  sureties,  or  either  of  them,  to  pay 
the  sum  for  which  they  become  bound  in  said  undertaking,  and  upon 
the  ground  that  the  estimated  value  of  the  property  therein  is  less 
than  the  market  value  of  such  property.  Such  objection  to  the 
undertaking  shall  be  made  in  writing,  specifying  the  ground  or 
grounds  of  objection,  and  if  the  objection  is  made  to  the  undertaking 
that  the  estimated  value  therein  is  less  than  the  market  value  of  the 
property,  such  objection  shall  specify  the  plaintiff's  estimate  of  the 
market  value  of  the  property.  Such  Avritten  objection  shall  be  served 
upon  the  said  transferee  or  grantee,  or  the  successor  or  assigns  of 
such  transferee  or  grantee  giving  such  undertaking. 

565.  Justification  of  sureties;  approval  and  disapproval  of  un- 
dertaking.— When  the  sureties  or  either  of  them,  are  objected  to,  the 
surety  or  sureties  so  objected  to  shall  justify  before  the  court  in 
which  the  action  is  commenced,  upon  ten  daj^s'  notice  of  the  time 
when  they  Avill  so  justify  being  given  to  the  plaintiff,  or  plaintiff's 
attorney.  Upon  the  hearing  and  examination  into  the  sufficiency  of 
a  surety,  witnesses  may  be  required  to  attend  and  evidence  may 
be  procured  and  introduced  in  the  same  manner  as  in  trial  of  civil 
cases.  Upon  such  hearing  and  examination  the  court  shall  make 
its  order,  in  writing,  approving  or  disapproving  the  sufficiency  of 
the  sureties  or  surety  on  such  undertaking.  In  case  the  court  dis- 
approves of  the  surety  or  sureties  on  any  undertaking,  a  new  under- 
taking may  be  filed  and  served,  and  to  any  undertaking  given  under 
the  provisions  of  this  article  the  same  objection  to  the  sureties  may 
be  made  and  the  same  proceedings  had  as  in  case  of  the  first  under- 
taking filed  and  served. 

566.  Objection  because  estimated  value  in  undertaking  less  than 
market  value;  new  undertaking. — When  objection  is  made  to  the 
undertaldng  upon  the  ground  that  the  eytimaled  value  of  the 
property,  as  stated  in  the  undertaking,  is  less  than  the  market  value 
of  the  property,  the  transferee  or  grantee,  or  the  sucessor  or  assigns 
of  such  transferee  or  grantee  giving  the  undertaking  may  accept  the 
estimated  value  stated  by  the  i:)laintiff  in  said  objection,  and  a  new 


406 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  569 

undertaking  may  at  once  be  filed,  with  the  plaintiff's  estimate  stated 
therein  as  the  estimated  value,  and  no  objection  shall  thereafter  be 
made  upon  that  ground;  if  the  plaintiff's  estimate  of  the  market 
value  is  not  accepted,  the  transferee  or  grantee,  or  the  successor  or 
assigns  of  the  grantee  or  transferee  giving  such  undertaking,  upon 
ten  days'  notice  to  the  plaintiff,  shall  move  the  court  in  which  the 
action  is  pending  to  estimate  the  market  value  of  the  property,  and 
upon  the  hearing  of  such  motion,  witnesses  may  be  required  to  attend 
and  testify,  and  evidence  may  be  produced  in  the  same  manner  as 
in  the  trial  of  civil  actions.  Upon  the  hearing  of  the  motion  the 
court  shall  estimate  the  market  value  of  the  property,  and  if  the 
estimated  value  of  the  property  as  made  by  the  court  exceeds  the 
estimated  value  as  stated  in  the  undertaking,  a  new  undertaking 
shall  be  filed  and  served  with  the  market  value  determined  by  the 
stated  value  therein  as  the  estimated  value  of  the  property. 

567.  Justification  of  sureties. — The  sureties  shall  justify  upon  the 
undertaking  as  required  by  section  963  of  this  title. 

568.  When  undertaking  becomes  effective. — The  undertaking 
shall  become  effeciive  for  the  purpose  stated  in  section  561  of  this 
title,  ten  days  after  service  of  copy  thereof  on  the  plaintiff,  unless 
objection  to  such  undertaking  is  made  as  provided  in  sections  564 
or  566  of  this  title,  and  in  case  objection  is  so  made  to  the  under- 
taking filed  and  served,  the  same  shall  become  effective  for  such  pur- 
pose when  an  order  is  made  by  such  court  approving  the  sureties, 
when  the  surety  or  sureties  are  objected  to,  or  affirming  the  estimate 
of  the  value  of  property  when  objection  is  made  thereto,  or  in  case 
any  objection  to  the  undertaking  is  sustained  by  the  court  when  a 
new  undertaking  is  filed  and  served  as  required  by  sections  565  or 
566,  to  which  no  objection  is  made,  or  if  made  is  not  sustained  by 
the  court. 

569.  Judgment  against  sureties.— If  judgment  be  rendered  in 
said  action  that  the  alleged  transfer  or  conveyance  was  made  to 
hinder,  delay,  or  defraud  creditors,  then  judgment  shall  be  rendered 
in  such  action  without  further  proceeding  in  favor  of  plaintiff  and 
against  the  principal  and  sureties  on  said  undertaking  for  the  sum 
for  which  said  undertaking  was  executed  according  to  the  conditions 
thereof. 


93083—34 27  4O9 


T.4,  §581] 


THE  CODE  OF  CIVIL  PROCEDURE 


CHAPTER  12.— EXECUTION  OF  JUDGMENT  IN  CIVIL  ACTIONS 

Art.  Sec.   i   Art.  Sec. 

1.  Execution 581      2.  Proceedings    supplemental   to   exe- 

I  cution 621 


ARTICLE    1.— EXECUTICfiS: 


Sec. 

581. 
582. 
583. 

584. 
585. 

586. 
587. 

588. 

589. 

590. 
591. 
592. 

593. 

594. 


595. 
596. 
597. 

598. 
599. 
600. 


Within  what  time  execution  may  issue. 

Stay  of  execution. 

Who  may  issue  the  execution,  its  form, 
to  whom  directed,  and  what  it  shall 
rtquire. 

When  made  returnable. 

Money  judgments  and  others,  how  en- 
forced. 

Execution  after  five  years. 

When  execution  may  issue  against  the 
property  of  a  party  after  his  death. 

Property  liable  to  execution ;  not 
affected  until  levied  on. 

Indemnity  where  property  claimed  by 
third  party. 

What  exempt  from  execution. 

Writ,  how  executed. 

Notice  of  sale  under  execution,  how 
given. 

Selling  without  notice,  what  penalty 
attached. 

Sales,  how  conducted  ;  neither  the  of- 
ficer conducting  it  nor  his  deputy 
to  be  a  purchaser ;  real  and  personal 
property,  how  sold ;  judgment 
debtor,  if  present,  may  direct  order 
of  sale,  and  the  ofllcer  shall  follow 
his   directions. 

If  purchaser  refuses  to  pay  purchase- 
money,  what   proceedings. 

Officer  may  refuse  such  purchaser's 
subsequent  bid. 

Two  preceding  sections  not  to  make 
officer  liable  beyond  a  certain 
amount. 

Personal  property  capable  of  manual 
delivery,  how  delivered  to  purchaser. 

Personal  property  not  capable  of  man- 
ual deliveiy,  how  sold  and  delivered. 

Sale  of  real  property  ;  what  purchaser 
is  substituted  to  and  acquires. 


Sec. 

601.  When    sales    are    absolute ;    what    cer- 

tificate must  show. 

602.  Real    property    so    sold,    by    whom    it 

may  be  redi'cmed. 

603.  When    it    may    be    redeemed,    and    re- 

demption money. 
C04.   Another  redeuiptioner  may  redeem. 

605.  In   cases   of  redemption,   to   whom   the 

payments  are  to  be  made. 

606.  What  a  redemptioner  must  do  in  order 

to  redeem. 

607.  Until    the    expiration    of    redemption- 

time,  court  may  restrain  waste  on 
tlie  property  ;  wnat  considered  waste. 

608.  Rents  and  profits. 

609.  If     purchaser     of     real     property     be 

evicted  for  irregularities  in  sale, 
what  he  may  recover,  and  from 
whom ;  when  judgment  to  be  re- 
vived ;  petition  for  the  purpose,  how 
and  by  whom  made. 

610.  Party  who   pays  more   than   his   share 

may   compel   contribution. 

611.  Claimant  of  property  may  give  under- 

taking  and    release   property. 

612.  Claim       of       property ;       undertaking, 

amount  and  conditions  of. 

613.  Claim  of  property  ;  undertaking,  filing, 

and   serving. 

614.  Claim    of    property ;    undertaking,    ob- 

jections to. 

615.  Claim    of    property  ;    justification,    ap- 

proval,  and   disapproval. 

616.  Claim   of   property ;    undertaking,   esti- 

mate of  value,  and  new  undiTtak- 
ing. 

617.  Claim  of  property  j  undertaking,  justi- 

fication of  sureties. 

618.  Claim  of  property  ;  undertaking,  when 

becomes  etiective. 


Section  581.  Within  what  time  execution  may  issue. — The  party 

in  whose  favor  judgment  is  given  may,  at  any  time  within  live  years 
after  the  entry  thereof,  have  a  writ  of  execution  issued  for  its  en- 
forcement. If,  after  the  entry  of  the  judgment,  the  issuing  of 
execution  tliereon  is  stayed  or  enjoined  by  any  judgment  or  order 
of  court,  or  by  operation  of  law,  the  time  during  which  it  is  so 
stayed  or  enjoined  must  be  excluded  from  tlie  computation  of  tlie  five 
3'ears  within  wliicli  execution  may  issue. 

Cross-Refekences 


Time  for  execution,  w'ben  extended,  see  section  5SG  of  this  title. 

Satisfaction  of  judgment  by  clerk  wliere  money  deposited  by  defendant,  see 
section  312  of  tliis  title. 

Satisfaction  of  judgment  by  marsbal  out  of  property  attached,  see  section  365 
of  thi.s  title. 

Executor  or  adiniuistrator,  no  execution  to  issue  upon  judgment  against,  upon 
claim  against  estate,  see  section  14S5  of  this  title. 

Receiver  in  proceedings  in  aid  of  execution,  see  section  381  of  this  title. 

Death,  no  execution  to  issue  after,  see  sedions  14S5,  1486  of  this  title. 

New  execution  after  discharge  of  defendant  from  arrest,  see  section  1130  of 
this  title.  J 


410 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  583 

582.  Stay  of  Execution. — The  court  or  the  judge  thereof  shall  not 
have  the  power,  without  the  consent  of  the  adverse  party,  to  stay, 
for  a  lon<:er  period  than  thirty  days,  the  execution  of  any  judgment 
or  order  the  execution  whereof  would  be  stayed  on  appeal  only  by 
the  execution  of  a  sta}'  bond. 

583.  Who  may  issue  the  execution,  its  form,  to  w^hom  directed, 
and  what  it  shall  require. — The  writ  of  execution  must  be  issued  in 
the  name  of  the  Government  of  the  Canal  Zone,  sealed  with  the  seal 
of  the  court,  and  subscribed  by  the  clerk,  and  be  directed  to  the  mar- 
shal, and  it  must  intelligibly  refer  to  the  judgment,  stating  the  court, 
the  division  where  the  judgment  roll  is  filed,  and  if  it  be  for  money, 
the  amount  thereof,  and  the  amount  actually  due  thereon,  and  if 
made  payable  in  a  specified  kind  of  money  or  currency,  as  provided 
in  section  544  of  this  title,  the  execution  must  also  state  the  kind  of 
money  or  currency  in  which  the  judgment  is  payable,  and  must 
require  the  marshal  substantially  as  follows : 

1.  If  it  be  against  the  property  of  the  judgment  debtor,  it  must 
require  the  marshal  to  satisfy  the  judgment,  with  interest,  out  of 
the  property  of  such  debtor. 

2.  If  it  be  against  propert}^  in  the  hands  of  the  personal  repre- 
sentatives, heirs,  devisees,  legatees,  tenants,  or  trustees,  it  must  require 
the  marshal  to  satisfy  the  judgment,  with  interest,  out  of  such 
property. 

3.  If  it  be  against  the  person  of  the  judgment  debtor,  it  must 
require  the  marshal  to  arrest  such  debtor  and  commit  him  to  jail 
until  he  pay  the  judgment,  with  interest,  or  be  discharged  according 
to  law. 

4.  If  it  be  issued  on  a  judgment  made  payable  in  a  specified  kind 
of  money  or  currency,  as  provided  in  section  544.  it  must  also  require 
the  marshal  to  satisfy  the  same  in  the  kind  of  money  or  currency  in 
which  the  judgment  is  made  payable,  and  the  marshal  must  refuse 
payment  in  any  other  kind  of  money  or  currency;  and  in  case  of 
levy  and  sale  of  the  propert}^  of  the  judgment  debtor,  he  must  refuse 
payment  from  any  purchaser  at  such  sale  in  any  other  Idnd  of  money 
or  currency  than  that  specified  in  the  execution.  The  marshal  col- 
lecting money  or  currency  in  the  manner  required  by  this  article, 
must  pay  to  the  plaintiff  or  party  entitled  to  recover  the  same,  the 
same  kind  of  money  or  currency  received  by  him,  and  in  case  of 
neglect  or  refusal  so  to  do,  he  shall  be  liable  on  his  official  bond  to 
the  judgment  creditor  in  three  times  the  amount  of  the  money  so 
collected. 

5.  If  it  be  for  the  delivery  of  the  possession  of  property,  it  must 

require  the  marshal  to  deliver  the  possession  of  the  same,  describing 

it,  to  the  party  entitled  thereto,  and  may  at  the  same  time  require 

the  marshal  to  satisfy  any  costs,  damages',  rents,  or  profits  recovered 

by  the  same  judgment,  out  of  the  property  of  the  person  against 

whom  it  was  rendered,  and  the  value  of  the  pro]Derty  for  which  the 

judgment  was  rendered  to  be  specified  therein  if  a  delivery  thereof 

cannot  be  had. 

Cross-Refekexces 

Contempt  in  resisting,  see  section  1163  of  this  title. 

Mandamus,  execution  for  costs  and  damages  in,  see  section  1059  of  this 
title. 

411 


T.4,  §584]  THE  CODE  OF  CIVIL  PROCEDURE 

584.  When  made  returnable. — The  execution  may  be  made  return- 
able, at  any  time  not  less  than  ten  nor  more  than  sixty  da3's  after  its 
receipt  by  the  marshal,  to  the  clerk  with  whom  the  judgment  roll  is 
filed.  When  the  execution  is  returned  the  clerk  must  attach  it  to 
the  judgment  roll. 

585.  Money  judgments  and  others,  how  enforced. — When  the 
judgment  is  for  money,  or  the  possession  of  property,  the  same  may 
be  enforced  by  a  writ  of  execution;  and  if  the  judgment  direct 
that  the  defendant  be  arrested,  the  execution  may  issue  against  the 
person  of  the  judgment  debtor,  after  the  return  of  an  execution 
against  his  property  unsatisfied  in  whole  or  part;  when  the  judgment 
requires  the  sale  of  property,  the  same  may  be  enforced  bj^  a  writ 
reciting  such  judgment,  or  the  material  parts  thereof,  and  directing 
the  proper  officer  to  execute  the  judgment,  hy  making  the  sale  and 
applying  the  proceeds  in  conformity  therewith;  when  the  judgment 
requires  the  performance  of  any  other  ^ct  than  as  above  designated, 
a  certified  copy  of  the  judgment  may  be  served  upon  the  party 
against  whom  the  same  is  rendered,  or  upon  the  person  or  officer 
required  thereby  or  by  law  to  obey  the  same,  and  obedience  thereto 
may  be  enforced  by  the  court, 

Cross-References 

Writ  of  possession  or  restitution,  see  sections  137  and  1154  of  this  title. 

Execution  against  person,  discharge  of  prisoner,  see  sections  1121  to  1132  of 
this  title. 

Sale  of  property,  see  sections  594  et  seq.,  of  this  title. 

Performance  of  any  other  act,  enforcing  obedience,  see  section  11G3  of 
this  title. 

586.  Execution  after  five  years. — In  all  cases  the  judgment  may 
be  enforced  or  carried  into  execution  after  the  lapse  of  five  years 
from  the  date  of  its  entry,  by  leave  of  the  court,  upon  motion, 
or  by  judgment  for  that  purpose,  founded  upon  supplemental  plead- 
ings; but  nothing  in  this  section  shall  be  construed  to  revive  a  judg- 
ment for  the  recovery  of  money  which  shall  have  been  barred  by 
limitation  at  the  time  of  the  enactment  of  this  title. 

587.  When  execution  may  issue  against  the  property  of  a  party 
after  his  death. — Notwithstanding  the  death  of  a  party  after  the 
judgment,  execution  thereon  may  be  issued,  or  it  may  be  enforced,  as 
follows : 

1.  In  case  of  the  death  of  the  judgment  creditor,  upon  the  appli- 
cation of  his  executor  or  administrator,  or  successor  in  interest ; 

2.  In  case  of  the  death  of  the  judgment  debtor,  if  the  judgment  be 
for  the  recovery  of  property,  or  the  enforcement  of  a  lien  thereon. 

Ckoss-References 

Effect  of  death  of  party  on  action,  see  section  141  of  this  title. 
Judgment  after  death  of  party,  see  section  54G  of  this  title. 
Execution  after  death  of  party,  see  section  1486  of  this  title. 

588.  Property  liable  to  execution ;  not  affected  until  levied  on. — 

All  goods,  chattels,  moneys,  and  other  property,  both  real  and  per- 
sonal, or  any  interest  therein,  of  the  judgment  debtor,  not  exempt 

412 

il 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  590 

by  law,  and  all  property  and  rights  of  property  seized  and  held 
under  attachment  in  the  action,  are  liable  to  execution.  Shares 
and  interests  in  any  corporation  or  company,  and  debts  and  credits, 
and  all  other  propert,y,  both  real  and  personal,  or  any  interest 
in  either  real  or  personal  property,  and  all  other  property  not 
capable  of  manual  delivery,  may  be  levied  upon  or  released  from  levy 
in  like  manner  as  like  property  may  be  attached  or  released  from 
attachment.  Until  a  levy,  property  is  not  affected  by  the  execution ; 
but  no  levy  shall  bind  an}'^  property  for  a  longer  period  than  one 
3^ear  from  the  date  of  the  issuance  of  the  execution :  Provided,  how- 
ever. That  an  alias  execution  may  be  issued  on  said  judgment  and 
levied  on  any  property  not  exempt  from  execution. 

Cross-References 

Levy  on  mortsraged  personalty,  see  title  3,  sections  2268  to  2270. 
Lien  of  officer  levying  executi<in  on  personalty,  see  title  3.  section  231G. 
Exemptions,  generally,  see  section  590  of  this  title. 

589.  Indemnity  where  property  claimed  by  third  party. — If  the 

property  levied  on  is  claimed  by  a  third  person  as  his  property 
by  a  written  claim  verified  by  his  oath  or  that  of  his  agent,  setting 
out  his  right  to  the  poss.ession  thereof,  and  served  upon  the  mar- 
shal, the  marshal  is  not  bound  to  keep  the  propert}^  unless  the 
plaintiff,  or  the  person  in  whose  favor  the  writ  of  execution  runs, 
on  demand,  indemnifies  the  marshal  against  such  claim  by  an  under- 
taking by  at  least  two  good  and  sufficient  sureties  in  a  sum  equal  to 
double  the  value  of  the  property  levied  on;  and  the  marshal  is  not 
liable  for  damages  for  the  taking  or  keeping  of  such  property  to  any 
such  third  person,  unless  such  a  claim  is  made. 

The  marshal  may  demand  and  exact  the  undertaking  herein  pro- 
vided for  notwithstanding  any  defect,  informality,  or  insufficiency 
of  the  verified  claim  served  upon  him. 

Ckoss-Refeeence 
Liability  of  sureties  on  judgment  against  marshal,  see  section  961  of  tiiis  title. 

590.  What  exempt  from  execution. — The  following  property  is 
exempt  from  execution  or  attachment,  except  as  herein  otherwise 
speciall}^  provided : 

1.  Chairs,  tables,  desks,  and  books,  to  the  value  of  $200  belonging 
to  the  judgment  debtor; 

2.  Household  furniture  and  utensils  necessary  for  housekeeping 
and  used  for  that  purpose  by  the  debtor,  such  as  the  debtor  may 
select,  of  a  value  not  exceeding  $250 ;  and  all  wearing  apparel ; 

3.  Tools  and  implements  necessarily  used  by  him  in  his  trade  or 
employment ; 

4.  Two  domestic  animals  such  as  the  debtor  may  select,  not  exceed- 
ing $100  in  value,  and  necessarily  used  by  him  in  his  ordinary 
occupation ; 

5.  The  professional  libraries  of  lawj^ers,  judges,  clergymen,  doc- 
tors, school  teachers,  and  music  teachers,  not  exceeding  $250  in  value; 

6.  One  fishing  boat  and  net,  not  exceeding  the  total  value  of  $200, 
the  property  of  any  fisherman,  by  the  lawful  use  of  which  he  earns 
his  livelihood ; 

413 


T.  4,  §591]  THE  CODE  OF  CIVIL  PROCEDURE 

7.  The  wages  and  earnings  of  all  seamen  and  seagoing  fishermen, 
not  exceeding  $300,  regardless  of  where  or  when  earned,  and  in  addi- 
tion to  all  other  exemptions  otherwise  provided  by  any  law ; 

8.  The  earnings  of  the  judgment  debtor  for  his  personal  services 
rendered  at  any  time  within  thirty  days  next  preceding  the  lev}'  of 
execution  or  attachment,  when  it  appears  by  the  debtor's  affidavit  or 
otherwise,  that  such  earnings  are  necessary  for  the  use  of  his  family, 
residing  in  the  Canal  Zone,  supported  in  whole  or  in  part  by  his 
labor;  but  where  debts  are  incurred  by  any  such  person,  or  his  wife 
or  family  for  the  common  necessaries  of  life,  or  have  been  incurred 
at  a  time  when  the  debtor  had  no  family  residing  in  the  Canal  Zone, 
supported  in  whole  or  in  part  by  his  labor,  the  one  half  of  such 
earnings  above  mentioned  is  nevertheless  subject  to  execution,  gar- 
nishment, or  attachment  to  satisfy  debts  so  incurred; 

9.  All  the  nautical  instruments  and  wearing  apparel  of  any  master, 
officer,  or  seaman  of  any  steamer  or  other  vessel ; 

10.  All  arms,  uniforms,  and  accouterments  required  by  law  to  be 
kept  by  any  person,  and  also  one  gun,  to  be  selected  by  the  debtor; 

11.  Life  insurance  benefits.  All  moneys,  benefits,  privileges,  or 
immunities  accruing  or  in  any  manner  growing  out  of  any  life  insur- 
ance, if  the  annual  premiums  paid  do  not' exceed  $500,  and  if  they 
exceed  that  sum  a  like  exemption  shall  exist  which  shall  bear  the 
same  proportion  of  the  moneys,  benefits,  privileges,  and  immunities 
so  accruing  or  growing  out  of  such  insurance  that  said  $500  bears  to 
the  whole  annual  premiums  paid; 

12.  Pensions.  All  money  received  by  any  person,  a  resident  of  the 
Canal  Zone,  as  a  pension  from  the  United  States  Government, 
whether  the  same  shall  be  in  the  actual  possession  of  such  pensioner 
or  deposited,  loaned,  or  invested  bj'  him. 

Not  exempt  from  judgment  for  price. — No  article,  however,  or 
species  of  property  mentioned  in  this  section  is  exempt  from  execu- 
tion issued  upon  a  judgment  recovered  for  its  price,  or  upon  a 
judgment  of  foreclosure  of  a  mortgage  or  other  lien  thereon. 

591.  Writ,  how  executed. — The  marshal  must  execute  the  writ 
against  the  property  of  the  judgment  debtor,  by  levying  on  a  suffi- 
cient amount  of  property,  if  there  be  sufficient;  collecting  or  selling 
the  things  in  action,  and  selling  the  other  property,  and  paying  to 
the  plaintiff  or  his  attorne}'  so  much  of  the  proceeds  as  will  satisfy 
the  judgment.  Any  excess  in  the  proceeds  over  the  judgment  and 
accruing  costs  must  be  returned  to  the  judgment  debtor,  unless  other- 
wise directed  by  the  judgment  or  order  of  the  court.  When  there 
is  more  property  of  the  judgment  debtor  than  is  sufficient  to  satisfy 
the  judgment  and  accruing  costs  within  the  view  of  the  marshal, 
he  must  levy  only  on  such  part  of  the  property  as  the  judgment 
debtor  may  indicate,  if  the  property  indicated  be  amply  sufficient  to 
satisfy  the  judgment  and  costs. 

592.  Notice  of  sale  under  execution,  how  given. — Before  the  sale 

of  property  on  execution  or  under  power  contained  in  any  deed  of 
trust,  notice  thereof  must  be  given  as  follows: 

1.  In  case  of  perishable  property:  By  posting  written  notice  of 
the  time  and  place  of  sale  in  three  public  places  of  the  town  where 

414 


II 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  595 

the   sale  is   to   take   place,   for   such   time    as   may   be   reasonable, 
considering  the  character  and  condition  of  the  property. 

2.  In  case  of  otlier  personal  property :  By  posting  a  s.imilar  notice 
in  three  public  places  in  the  town  where  the  sale  is  to  take  place,  for 
not  less  than  five  days  nor  more  than  ten  days. 

3.  In  case  of  real  property:  By  posting  a  similar  notice  particu- 
larly describing  the  property  for  twenty  days,  in  three  public  places 
of  the  town  where  the  property  is  to  be  sold  and  publishing  a  copy 
thereof  once  a  week  for  the  same  period,  in  some  newspaper  of  gen- 
eral circulation  in  the  Canal  Zone:  Provided^  That  where  real  prop- 
erty is  to  be  sold  under  the  provision  of  any  deed  of  trust  the  copy  of 
said  notice  shall  be  posted  in  some  conspicuous  place  on  the  property 
to  be  sold,  at  least  twenty  da5^s  before  date  of  sale. 

4.  When  the  judgment  under  which  the  property  is  to  be  sold  is 
made  payable  in  a  specified  kind  of  money  or  currency,  the  several 
notices  required  by  this  section  must  state  the  kind  of  money  or 
currency  in  which  bids  maj-^  be  made  at  such  sale,  which  must  be  the 
same  as  that  specified  in  the  judgment. 

Ceoss-Referen  ce 
Specified  kind  of  money,  see  section  583  of  this  title. 

593.  Selling  w^ithout  notice,  what  penalty  attached. — An  officer 
selling  without  the  notice  prescribed  by  the  next  preceding  section 
forfeits  $500  to  the  aggrieved  party,  in  addition  to  his  actual  dam- 
ages; and  a  person  willfully  taking  down  or  defacing  the  notice 
posted,  if  done  before  the  sale  or  the  satisfaction  of  the  judgment 
(if  the  judgment  be  satisfied  before  sale),  forfeits  $500. 

594.  Sales,  how  conducted;  neither  the  officer  conducting  it  nor 
his  deputy  to  be  a  purchaser ;  real  and  personal  property,  how  sold ; 
judgment  debtor,  if  present,  may  direct  order  of  sale,  and  the  offi- 
cer shall  follow  his  directions. — All  sales  of  property  under  execu- 
tion must  be  made  at  auction,  to  the  highest  bidder,  between  the  hours 
of  nine  in  the  morning  and  five  in  the  afternoon.  After  sufficient 
property  has  been  sold  to  satisfy  the  execution,  no  more  can  be  sold. 
Neither  the  officer  holding  the  execution  nor  his  deputy  can  become 
a  purchaser  or  be  interested  in  any  purchase  at  such  sale.  When 
the  sale  is  of  personal  property,  capable  of  manual  deliver}'-,  it  must 
be  within  view  of  those  who  attend  the  sale,  and  be  sold  in  such 
parcels  as  are  likely  to  bring  the  highest  price ;  and  when  the  sale  is 
of  real  property,  consisting  of  several  known  lots  or  parcels,  the}^ 
must  be  sold  separately;  or  when  a  portion  of  such  real  property  is 
claimed  by  a  third  person,  and  he  requires  it  to  be  sold  separately, 
such  portion  must  be  thus  sold.  The  judgment  debtor,  if  present 
at  the  sale,  may  also  direct  the  order  in  which  property,  real  or 
personal,  shall  be  sold,  when  such  property  consists  of  several  known 
lots  or  parcels,  or  of  articles  which  can  be  sold  to  advantage  sepa- 
rately, and  the  marshal  must  follow  such  directions. 

595.  If  purchaser  refuses  to  pay  purchase-money,  what  pro- 
ceedings.— If  a  purchaser  refuse  to  pay  the  amount  bid  by  him  for 
property  struck  off  to  him  at  a  sale  under  execution,  the  officer  may 
again  sell  the  property  at  any  time  to  the  highest  bidder,  and  if  any 

415 


T.4,  §596]  TEE  CODE  OF  CIVIL  PROCEDURE 

loss  be  occasioned  thereby,  the  officer  may  recover  the  amount  of  such 
loss,  with  costs,  from  the  bidder  so  refusing,  in  any  court  of 
competent  jurisdiction. 

596.  Officer  may  refuse  such  purchaser's  subsequent  bid. — AVhen 

a  purchaser  refuses  to  pay,  the  oilicer  may,  in  his  discretion,  there- 
after reject  any  subsequent  bid  of  such  person. 

597.  Two  preceding  sections  r.ot  to  make  officer  liable  beyond  a 
certain  amount. — Sections  595  and  596  of  this  title  must  not  be  con- 
strued to  make  the  officer  liable  for  any  more  than  the  amount  bid 
by  the  second  or  subsequent  purchaser,  and  the  amount  collected 
from  the  purchaser  refusing  to  pay. 

598.  Personal  property  capable  of  manual  delivery,  how  deliv. 
ered  to  purchaser. — When  the  purchaser  of  any  personal  property 
capable  of  manual  delivery  pays  the  })urchase-money,  the  officer 
making  the  sale  must  deliver  to  the  purchaser  the  property,  and,  if 
desired,  execute  and  deliver  to  him  a  certificate  of  the  sale.  Such 
certificate  conveys  to  the  purchaser  all  the  right  which  the  debtor 
had  in  such  property  on  the  day  the  execution  or  attachment  was 
levied. 

599.  Personal  property  not  capable  of  manual  delivery,  how  sold 
and  delivered. — When  the  purchaser  of  any  personal  property  not 

capable  of  manual  delivery  pays  the  purchase-money,  the  officer 
making  the  .sale  must  execute  and  deliver  to  the  purchaser  a  certifi- 
cate of  sale.  Such  certificate  convej'^s  to  the  purchaser  all  the  right 
which  the  debtor  had  in  such  property  on  the  day  the  execution  or 
attachment  was  levied. 

Cross-Refekexce 

Attachment,  personalty  not  capable  of  manual  delivery,  see  section  356  of  this 
title. 

600.  Sale  of  real  property;  what  purchaser  is  substituted  to  and 
acquires. — Upon  a  sale  of  real  property,  the  purchaser  is  substituted 

to  and  acquires  all  the  right,  title,  interest,  and  claim  of  the  judgment 
debtor  thereto  on  the  date  of  the  levy  of  the  execution  thereon. 
And  in  case  property,  real  or  personal,  has  been  attached  in  the 
action,  the  purchaser  is  substituted  to  and  acquires  all  the  right, 
title,  interest,  and  claim  of  the  judgment  debtor  on  or  at  any  time 
after  the  day  the  attachment  was  levied  upon  such  property. 

Ckoss-Referencks 

Marshal's  deed,  and  what  passes  by  it.  see  section  004  of  this  title. 
Injunction  to  restrain  person  in  possession  from  waste,  see  section  068  of  this 
title. 

Recovery  of  damages  for  waste,  see  section  009  of  this  title. 

601.  When  sales  are  absolute;  what  certificate  must  show. — 

Sales  of  personal  property,  and  of  real  property,  when  the  estate 
therein  is  less  than  a  leasehold  of  two  years'  imexpired  term,  are 
absolute.  In  all  other  cases  the  property  is  subject  to  redemption, 
as  provided  in  this  article.  The  officer  must  give  to  the  purchaser 
a  certificate  of  sale,  and  file  a  duplicate  thereof  for  record  in  the 

416 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  004 

office  of  the  registrar  of  property,  which  certificate  must  state  the 
date  of  the  judgment  under  which  the  sale  was  made  and  the  names 
of  the  parties  tliereto,  and  contain — 

1.  A  particular  description  of  the  real  property  sold; 

2.  The  price  bid  for  each  distinct  lot  or  parcel ; 

3.  The  whole  price  paid; 

4.  If  the  property  is  subject  to  redemption,  the  certificate  must 
so  declare,  and  if  the  redemption  can  be  effected  only  in  a  particular 
kind  of  money  or  currency,  that  fact  must  be  stated. 

Ckoss-Reference 

Specified  kind  of  money,  see  sections  583  and  592  of  this  title. 

602.  Real  property  so  sold,  by  whom  it  may  be  redeemed. — 

Property  sold  subject  to  redemption,  as  provided  in  the  next  preced- 
ing section,  or  any  part  sold  separately,  may  be  redeemed  in  the 
manner  hereinafter  provided,  by  the  following  persons,  or  their 
successors  in  interest: 

1.  The  judgment  debtor,  or  his  successor  in  interest,  in  the  whole 
or  any  part  of  the  property; 

2.  A  creditor  having  a  lien  or  mortgage  on  the  property  sold,  or 
on  some  share  or  part  thereof,  subsequent  to  that  on  which  the  prop- 
erty was  sold.  The  persons  mentioned  in  subdivision  2  of  this 
section  are,  in  this  article,  termed  redemptioners. 

Cross-Rei-erences 

Judgment  creditor,  redemption  by,  see  also  section  1486  of  tliis  title. 

Lien,  redemption  from,  see  title  3,  sections  2211  to  2213. 

Contract  in  restraint  of  redemption  void,  see  title  3,  section  2192. 

603.  When  it  may  be  redeemed,  and  redemption  money. — The 

judgment  debtor,  or  redemptioner,  may  redeem  the  property  from 
the  purchaser  any  time  within  twelve  months  after  the  sale  on 
paying  the  purchaser  the  amount  of  his  purchase,  with  1  percent 
per  month  thereon  in  addition,  up  to  the  time  of  redemption.  And 
if  the  purchaser  be  also  a  creditor,  having  a  prior  lien  to  that  of  the 
redemptioner,  other  than  the  judgment  under  which  said  purchase 
was  made,  the  amount  of  such  lien  with  interest. 

604.  Another  redemptioner  may  redeem. — If  property  be  so  re- 
deemed by  a  redemptioner,  another  redemptioner  may,  within  sixty 
days  after  the  last  redemption,  again  redeem  it  from  the  last  re- 
demptioner, on  paying  the  sum  paid  on  such  last  redemption,  with 
2  percent  thereon  in  addition,  and,  in  addition,  the  amount  of  any 
liens  held  by  said  redemptioned  prior  to  his  own,  with  interest;  but 
the  judgment  under  which  the  property  was  sold  need  not  be  so  paid 
as  a  lien. 

Selling  property  again. — The  property  may  be  again,  and  as  often 
as  a  redemptioner  is  so  disposed,  redeemed  from  any  previous  re- 
demptioner within  sixty  days  after  the  last  redemption,  on  paying 
the  sum  paid  on  the  last  previous  redemption,  with  2  percent  thereon 
in  addition,  and  the  amount  of  any  liens,  other  than  the  judgment 
under  which  the  property  was  sold,  held  by  the  last  redemptioner 
previous  to  his  own  with  interest. 

417 


T.  4,  §605J  THE  CODE  OF  CIVIL  PROCEDURE 

Written  notice  to  marshal  ;  to  be  filed  with  registrar. — Written 
notice  of  redemption  must  be  given  to  the  marshal  and  a  duplicate 
filed  with  the  registrar  of  property,  and  if  the  redemptioner  has  or 
acquires  any  lien  other  than  that  upon  which  the  redemption  was 
made,  notice  thereof  must  in  like  manner  be  given  to  the  marshal  and 
filed  with  the  registrar;  and  if  such  notice  be  not  filed,  the  property 
may  be  redeemed  without  paying  such  lien. 

Marshal's  deed. — If  no  redemption  be  made  within  twelve  months 
after  the  sale,  the  purchaser,  or  his  assignee,  is  entitled  to  a  convey- 
ance; or  if  so  redeemed,  whenever  sixty  days  have  elapsed,  and  no 
other  redemption  has  been  made,  and  notice  thereof  given  and  the 
time  for  redemption  has  expired,  the  last  redemptioner,  or  his  as- 
signee, is  entitled  to  a  marshal's  deed;  but,  in  all  cases,  the  judgment 
debtor  shall  have  the  entire  period  of  twelve  months  from  the  date 
of  the  sale  to  redeem  the  property. 

Redemption  by  judgment  debtor. — If  the  judgment  debtor  redeem, 
he  must  make  the  same  payments  as  are  required  to  effect  a  redemp- 
tion by  a  redemptioner.  If  the  debtor  redeem,  the  effect  of  the 
sale  is  terminated  and  he  is  restored  to  his  estate. 

Certificate  or  redemption. — Upon  a  redemption  by  the  debtor, 
the  person  to  whom  the  payment  is  made  must  execute  and  deliver  to 
him  a  certificate  of  redemption,  acloiowledged  or  proved  before  an 
officer  authorized  to  take  acknowledgments.  Such  certificate  must 
be  filed  and  recorded  in  the  office  of  the  registrar  of  property,  and 
the  registrar  must  note  the  record  thereof  in  the  margin  of  the 
record  of  the  certificate  of  sale. 

605.  In  cases  of  redemption,  to  whom  the  payments  are  to  be 
made. — The  payments  mentioned  in  sections  603  and  604  of  this  title 
may  be  made  to  the  purchaser  or  redemptioner,  or  for  him,  to  the 
officer  who  made  the  sale.  When  the  judgment  under  which  the  sale 
has  been  made  is  payable  in  a  specified  kind  of  money  or  currency, 
payments  must  be  made  in  the  same  kind  of  money  or  currency,  and 
a  tender  of  the  money  is  equivalent  to  payment. 

Ceoss-Refeieence 
Specified  kind  of  money,  see  sections  583  and  592  of  this  title. 

606.  What  a  redemptioner  must  do  in  order  to  redeem. — A  re- 
demptioner must  produce  to  the  officer  or  person  from  whom  he  seeks 
to  redeem  and  serve  with  his  notice  to  the  marshal  making  the  sale, 
or  liis  successor  in  office: 

1.  A  copy  of  the  docket  of  the  judgment  under  which  he  claims 
the  right  to  redeem,  certified  by  the  clerk  of  the  court,  where  the 
judgment  is  docketed;  or,  if  he  redeem  upon  a  mortgage  or  other 
lien,  a  note  of  the  record  thereof,  certified  by  the  registrar; 

2.  A  copy  of  any  assignment  necessary  to  establish  his  claim, 
verified  by  the  affidavit  of  himself,  or  of  a  subscribing  witness 
thereto ; 

3.  An  affidavit  by  himself  or  his  agent,  showing  the  amount  then 
actually  due  on  the  lien. 

607.  Until  the  expiration  of  redemption  time,  court  may  re- 
strain waste  on  the  property;  what  considered  waste. — Until  the 

418 


THE  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §  609 

expiration  of  the  time  allowed  for  redemption,  the  court  may  re- 
strain the  commission  of  waste  on  the  property,  by  order  granted 
with  or  without  notice,  on  the  application  of  the  purchaser  or  the 
judgment  creditor.  But  it  is  not  waste  for  the  person  in  possession 
of  the  property  at  the  time  of  sale,  or  entitled  to  possession  after- 
wards, during  the  period  allowed  for  redemption,  to  continue  to  use 
it  in  the  same  manner  in  which  it  was  previously  used ;  or  to  use  in 
the  ordinary  course  of  husbandry;  or  to  make  the  necessary  repairs 
of  buildings  thereon;  or  to  use  wood  or  timber  on  the  property 
therefor ;  or  for  the  repair  of  fences ;  or  for  fuel  for  his  family,  while 
he  occupies  the  property. 

Cross-Reference 

Waste,  see  sections  668  and  669  of  this  title. 

608.  Rents  and  profits. — The  purchaser  from  the  time  of  the  sale 
until  a  redemption,  and  a  redemptioner,  from  the  time  of  his  redemp- 
tion until  another  redemption,  is  entitled  to  receive,  from  the  tenant 
in  possession,  the  rents  of  the  property  sold,  or  the  value  of  the  use 
and  occupation  thereof.  But  when  any  rents  or  profits  have  been 
received  by  the  judgment  creditor  or  purchaser,  or  his  or  their 
assigns,  from  the  property  thus  sold  preceding  such  redemption,  the 
amounts  of  such  rents  and  profits  shall  be  a  credit  upon  the  redemp- 
tion money  to  be  paid;  and  if  the  redemptioner  or  judgment  debtor, 
before  the  expiration  of  the  time  allowed  for  such  redemption,  de- 
mands in  Avriting  of  such  purchaser  or  creditor,  or  his  assigns,  a 
written  and  verified  statement  of  the  amounts  of  such  rents  and 
profits  thus  received,  the  period  for  redemption  is  extended  five 
days  after  such  sworn  statement  is  given  by  such  purchaser  or  his 
assigns,  to  such  redemptioner  or  debtor.  If  such  purchaser  or  his 
assigns  shall,  for  a  period  of  one  month  from  and  after  such  demand, 
fail  or  refuse  to  give  such  statement,  such  redemptioner  or  debtor 
may  bring  an  action  in  any  court  of  competent  jurisdiction,  to 
compel  an  accounting  and  disclosure  of  such  rents  and  profits,  and 
until  fifteen  days  from  and  after  the  final  determination  of  such 
action,  the  right  of  redemption  is  extended  to  such  redemptioner  or 
debtor. 

609.  If  purchaser  of  real  property  be  evicted  for  irregularities 
in  sale,  what  he  may  recover,  and  from  whom ;  when  judgment  to 
be  revived;  petition  for  the  purpose,  how  and  by  whom  made. — If 

the  purchaser  of  real  property  sold  on  execution,  or  his  successor 
in  interest,  be  evicted  therefrom  in  consequence  of  irregularities  in 
the  proceedings  concerning  the  sale,  or  of  the  reversal  or  discharge 
of  the  judgment,  he  may  recover  the  price  paid,  with  interest,  from 
the  judgment  creditor.  If  the  purchaser  of  property  at  marshal's 
sale,  or  his  successor  in  interest,  fail  to  recover  possession  in  conse- 
quence of  irregularity  in  the  proceedings  concerning  the  sale,  or  be- 
cause the  property  sold  was  not  subject  to  execution  and  sale,  the 
court  having  jurisdiction  thereof  must,  after  notice  and  on  motion 
of  such  party  in  interest,  or  his  attorney,  revive  the  original  judg- 
ment in  the  name  of  the  petitioner,  for  the  amount  paid  by  such  pur- 
chaser at  the  sale,  with  interest  thereon  from  the  time  of  payment  at 

419 


T.4,  §610]  THE  CODE  OP  CIVIL  PROCEDURE 

the  same  rate  that  the  original  judgment  bore ;  and  the  judgment  so 
i-evived  has  the  same  force  and  effect  as  would  an  original  judgment 
of  the  date  of  the  revival,  and  no  more. 

610.  Party  who  pays  more  than  his  share  may  compel  contri- 
bution.— When  property,  liable  to  an  execution  against  several  per- 
sons, is  sold  thereon,  and  more  than  a  due  proportion  of  the  judgment 
is  satisfied  out  of  the  proceeds  of  the  sale  of  the  property  of  one  of 
them,  or  one  of  them  pays,  without  a  sale,  more  than  his  proportion, 
he  may  comjDel  contribution  from  the  others;  and  when  a  judgment  is 
against  several,  and  is  upon  an  obligation  of  one  of  them,  as  security 
for  another,  and  the  surety  pays  the  amount,  or  any  part  thereof, 
either  by  sale  of  his  property  or  before  sale,  he  may  compel  repay- 
ment from  the  principal.  In  such  case  the  person  so  paying  or  con- 
tributing is  entitled  to  the  benefit  of  the  judgment,  to  enforce  con- 
tribution or  repayment,  if,  within  ten  days  after  his  payment,  he  file 
with  the  clerk  of  the  court  where  the  judgment  was  rendered,  notice 
of  his  payment  and  claim  to  contribution  or  repayment.  Upon  a 
filing  of  such  notice,  the  clerk  must  make  an  entry  thereof  in  the 
margin  of  the  docket. 

Cross-Refekence 

Subrogation  of  surety  on  appeal  bond,  see  section  069  of  this  title. 

611.  Claimant  of  property  may  give  undertaking  and  release 
property. — Where  property  levied  upon  under  execution  to  satisfy  a 
judgment  for  the  payment  of  money  is  claimed,  in  whole  or  in  part, 
by  a  person,  corporation,  partnership,  or  association,  other  than  the 
judgment  debtor,  such  claimant  may  give  an  undertaking  as  herein- 
after provided,  which  undertaking  shall  release  the  property  in  the 
undertaking  described  from  the  lien  and  levy  of  such  execution. 

612.  Claim  of  property;  undertaking,  amount  and  conditions 

of. — Such  undertaking,  with  tAvo  sureties,  shall  be  executed  by  the 
person,  corporation,  partnership,  or  association,  claiming  in  whole  or 
in  part,  the  property  upon  which  execution  is  levied  in  double  the 
estimated  value  of  the  property  claimed  by  the  person,  corporation, 
partnership,  or  association :  Provided,  That  in  no  case  need  such 
undertaking  be  for  a  greater  sum  than  double  the  amount  for  which 
the  execution  is  levied;  and  where  the  estimated  value  of  the  prop- 
erty so  claimed  by  the  person,  corporation,  partnership,  or  association 
is  less  than  the  sum  for  which  such  attachment  is  levied,  such  esti- 
mated value  shall  be  stated  in  the  undertaking,  and  said  undertaking 
shall  be  conditioned  that  if  the  property  claimed  by  the  person, 
corporation,  partnership,  or  association  is  finally  adjudged  to  be  the 
property  of  the  judgment  debtor,  said  person,  corporation,  partner- 
ship, or  association  will  pay  of  said  judgment  upon  which  execution 
has  issued  a  sum  equal  to  the  value,  as  estimated  in  said  undertaking, 
of  said  property  claimed  by  said  j^erson,  corj^oration,  partnership,  or 
association,  and  said  property  claimed  shall  be  described  in  said 
undertaking. 

613.  Claim  of  property;  undertaking,  filing,  and  serving. — Said 

undertaking  shall  be  filed  in  the  action  in  which  said  execution  issued 


420 


THE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §616 

and  a  copy  thereof  served  upon  the  judgment  creditor  or  his  attorney 
in  said  action. 

614.  Claim  of  property;  undertaking,  objections  to. — ^Within  ten 

days  after  the  service  of  the  copy  of  undertaking,  the  judgment  cred- 
itor may  object  to  such  undertaking  on  the  ground  of  inability  of 
the  sureties,  or  either  of  them,  to  pay  the  sum  for  which  they  become 
bound  in  said  undertaking,  and  upon  the  ground  that  the  estimated 
value  of  property  therein  is  less  than  the  market  value  of  the  prop- 
erty claimed.  Such  objection  to  the  undertaking  shall  be  made  in 
writing,  specifying  the  ground  or  grounds  of  objection,  and  if  the 
objection  is  made  to  the  undertaking  that  the  estimated  value  therein 
is  less  than  the  market  value  of  the  property  claimed,  such  objection 
shall  specify  the  judgment  creditor's  estimate  of  the  market  value 
of  the  property  claimed.  Such  written  objection  shall  be  served 
upon  the  person,  partnership,  corporation,  or  association  giving  such 
undertaking  and  claiming  the  property  therein  described. 

615.  Claim  of  property;  justification,  approval,  and  dis- 
approval.— When  the  sureties,  or  either  of  them,  are  objected  to,  the 
surety  or  sureties  so  objected  to  shall  justify  before  the  court  out  of 
Avhich  such  execution  issued,  upon  ten  days'  notice  of  the  time  when 
they  will  so  justify  being  given  to  the  judgment  debtor  or  his  attor- 
ney. Upon  the  hearing  and  examination  into  the  sufficiency  of  a 
surety,  witnesses  may  be  required  to  attend  and  evidence  may  be 
procured  and  introduced  in  the  same  manner  as  in  trial  of  civil 
cases.  Upon  such  hearing  and  examination,  the  court  shall  make 
its  order,  in  writing,  approving  or  disapproving  the  sufficiency  of 
the  surety  or  sureties  on  such  undertaking.  In  case  the  court  dis- 
approves of  the  surety  or  sureties  on  any  undertaking,  a  new  under- 
taking may  be  filed  and  served,  and  to  any  undertaking  given  under 
the  provisions  of  sections  611  to  618  of  this  title,  the  same  objection 
to  the  sureties  may  be  made,  and  the  same  proceedings  had  as  in 
case  of  the  first  undertaking  filed  and  served. 

616.  Claim  of  property;  undertaking,  estimate  of  value,  and 
new  undertaking. — When  objection  is  made  to  the  undertaking  upon 

the  ground  that  the  estimated  value  of  the  property  claimed,  as 
stated  in  the  undertaking,  is  less  than  the  market  value  of  the  prop- 
erty claimed,  the  person,  corporation,  partnership,  or  association  may 
accept  the  estimated  value  stated  by  the  judgment  creditor  in  said 
objection,  and  a  new  undertaking  may  be  at  once  filed  with  the 
judgment  creditor's  estimate  stated  therein  as  the  estimated  value, 
and  no  objection  shall  thereafter  be  made  upon  that  ground;  if  the 
judgment  creditor's  estimate  of  the  market  value  is  not  accepted, 
the  person,  corporation,  partnership,  or  association  giving  the  under- 
taking shall  move  the  court  in  which  the  execution  issued,  upon  ten 
days'  notice  to  the  judgment  creditor,  to  estimate  the  market  value 
of  the  property  claimed  and  described  in  the  undertaking,  and  upon 
the  hearing  of  such  motion  witnesses  may  be  required  to  attend  and 
testify,  and  evidence  be  produced  in  the  same  manner  as  in  the  trial 
of  civil  actions.    Upon  the  hearing  of  such  motion,  the  court  shall 


421 


T.  4, §  617] 


THE  CODE  OF  CIVIL  PROCEDURE 


estimate  the  market  value  of  the  property  described  in  the  under- 
taking, and  if  the  estimated  vakie  made  by  the  court  exceeds  the 
estimated  value  as  stated  in  the  undertaking,  a  new  undertaking 
shall  be  filed  and  served,  with  the  market  value  determined  by  the 
court  stated  therein  as  the  estimated  value. 

617.  Claim  of  property;  undertaking,  justification  of  sureties. — 

The  sureties  shall  justify  on  the  undertaking  as  required  bv  section 
963  of  this  title. 

618.  Claim  of  property;  undertaking,  when  becomes  effective. — 

The  undertaking  shall  become  effective  for  the  purpose  herein  speci- 
fied ten  days  after  service  of  copy  thereof  on  the  judgment  debtor, 
unless  objection  to  such  undertaking  is  made  as  herein  provided,  and 
in  case  objection  is  made  to  the  undertaldng  filed  and  served,  then 
the  undertaking  shall  become  effective  for  such  purposes  when  an 
undertaking  is  given  as  herein  provided. 

ArvTICLE  2.— PROCEEDINGS  SUPPLEMENTAL  TO  EXECUTION 


Sec. 

62o.  Witnesses   required   to   testify. 

626.  Judge  may  order  property  to  be  ap- 
plied  on    execution. 

G27.  Proceediugs  upon  claim  of  anotJier 
party. 

628.  Disobedience  of  orders,  bow  puuished. 


Sec. 

621.  Debtor  required  to  answer  concerning 

bis   property,   when. 

622.  Proceedings    to    compel    debtor   to    ap- 

pear :    in    what    cases    he    may    be 
arrested ;    what   bail   may   be   given. 

623.  Any    delitor    of    the    judgment    debtoi' 

may  pay  the  latter's  creditor. 
G24.   Examination    of   debtors    of    judgment 
debtor,  or  of  those  having  property 
belonging  to   him. 

621.  Debtor  required  to  answer  concerning  his  property,  when. — 

When  an  execution  against  property  of  the  judgment  debtor,  or  of 
any  one  of  several  debtors  in  the  same  judgment,  issued  to  the  mar- 
shal, is  returned  unsatisfied  in  whole  or  in  part,  the  judgment  credi- 
tor, at  any  time  after  such  return  is  made,  is  entitled  to  an  order 
from  the  judge  of  the  court,  requiring  such  judgment  debtor  to  ap- 
pear and  answer  concerning  his  property  before  such  judge,  or  a 
referee  appointed  by  him,  at  a  time  and  place  specified  in  the  order. 

Gkoss-Refebences 

Conduct  of  examina.tion,  see  .section  Gll5  of  this  title. 
Receiver,  aiding  proceedings,  see  section  :JS1  of  this  title. 

622.  Proceedings  to  compel  debtor  to  appear;  in  what  cases  he 
may  be  arrested;  what  bail  may  be  given. — After  the  issuing  of  an 
execution  against  property,  and  upon  proof,  by  affidavit  of  a  party 
or  otherwise,  to  the  satisfaction  of  the  judge  of  the  court  that  any 
judgment  debtor  has  property  Avhich  he  unjustly  refuses  to  apply 
toward  the  satisfaction  of  the  judgment,  such  judge  may,  by  an 
order,  require  the  judgment  debtor  to  aj^pear,  at  a  specified  time  and 
place,  before  such  judge,  or  a  referee  appointed  by  him,  to  answer 
concerning  the  same;  and  such  proceedings  may  thereupon  be  had 
for  the  application  of  the  property  of  the  judgment  debtor  toward 
the  satisfaction  of  the  judgment  as  are  provided  upon  the  return  of 
an  execution.  Instead  of  the  order  requiring  the  attendance  of  the 
judgment  debtor,  the  judge  may,  upon   affidavit  of  the  judgment 


422 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  626 

creditor,  his  agent  or  attorney,  if  it  appear  to  him  that  there  is 
danger  of  the  debtor  absconding,  order  the  marshal  to  arrest  the 
debtor  and  bring  him  before  such  judge.  Upon  being  brought  before 
the  judge,  he  may  be  ordered  to  enter  into  an  undertaking,  with  suffi- 
cient suret}',  that  he  will  attend  from  time  to  time  before  the  judge 
or  referee,  as  may  be  directed  during  the  pendency  of  proceedings 
and  until  the  final  termination  thereof,  and  will  not  in  the  meantime 
dispose  of  any  portion  of  his  property  not  exempt  from  execution. 
In  default  of  entering  into  such  undertaking  he  may  be  committed 
to  jail. 

Cross-Refeeences 

Requiring  witnesses  to  appeal-  and  answer,  see  section  625  of  this  title. 

Application  of  property  of  judgment  debtor  to  satisfaction  of  judgment,  Bee 
section  626  of  this  title. 

Arrest  of  debtor  as  provisional  remedy,  see  sections  291  to  316  of  this  title. 

Discharge  of  persons  imprisoned  on  civil  process,  see  sections  1121  to  1132  of 
this  title. 

623.  Any  debtor  of  the  judgment  debtor  may  pay  the  latter's 
creditor. — After  the  issuing  of  an  execution  against  property,  and 
before  its  return,  any  person  indebted  to  the  judgment  debtor  may 
pay  to  the  marshal  the  amount  of  his  debt,  or  so  much  thereof  as 
may  be  necessary  to  satisfy  the  execution ;  and  the  marshal's  receipt 
is  a  sufficient  discharge  for  the  amount  so  paid. 

624.  Examination  of  debtors  of  judgment  debtor,  or  of  those 
having  property  belonging  to  him. — After  the  issuing  or  return  of 
an  execution  against  property  of  the  judgment  debtor,  or  of  any  one 
of  several  debtors  in  the  same  judgment,  and  upon  proof  by  affidavit 
or  otherwise,  to  the  satisfaction  of  the  judge,  that  any  person  or 
corporation  has  property  of  such  judgment  debtor,  or  is  indebted 
to  him  in  an  amount  exceeding  $50,  the  judge  maj',  by  an  order, 
require  such  person  or  corporation,  or  any  officer  or  member  thereof, 
to  appear  at  a  specified  time  and  place  before  him,  or  a  referee 
appointed  by  him,  and  answer  concerning  the  same. 

Ceoss-References 

Receiver,  see  section  381  of  this  title. 
Referee,  see  section  621  of  this  title. 

625.  Witnesses  required  to  testify. — Witnesses  may  be  required 
to  appear  and  testify  before  the  judge  or  referee,  upon  any  pro- 
ceeding under  this  article,  in  the  same  manner  as  upon  the  trial  of 

an  issue. 

Cross-Reifeeencb 

Witnesses,  rights  and  duties  of,  see  sections  2141  to  2147  of  this  title. 

626.  Judge  may  order  property  to  be  applied  on  execution. — The 

judge  or  referee  may  order  any  property  of  the  judgment  debtor, 
not  exempt  from  execution,  in  the  hands  of  such  debtor,  or  any 
other  person,  or  due  to  the  judgment  debtor,  to  be  applied  toward 
the  satisfaction  of  the  judgment ;  but  no  such  order  can  be  made  as 
to  money  or  property  in  the  hands  of  any  other  person  or  claimed 
to  be  due  from  him  to  the  judgment  debtor,  if  such  person  claims 


423 


T.  4,  §  627] 


THE  CODE  OF  CIVIL  PROCEDURE 


an  interest  in  the  property  adverse  to  the  judgment  debtor  or  denies 
the  debt. 

Cross-Referbncb 

Property  exempt  from  execution,  see  section  590  of  this  title. 

627.  Proceedings  upon  claim  of  another  party. — If  it  appears 
that  a  person  or  corporation,  alleged  to  have  property  of  the  judg- 
ment debtor,  or  to  be  indebted  to  him,  claims  an  interest  in  the 
property  adverse  to  him,  or  denies  the  debt,  the  judgment  creditor 
may  maintain  an  action  against  such  person  or  corporation  for  the 
recovery  of  such  interest  or  debt;  and  the  court  or  judge  may,  by 
order,  forbid  a  transfer  or  other  disposition  of  such  interest  or  debt, 
until  an  action  can  be  commenced  and  prosecuted  to  judgment.  Such 
order  may  be  modified  or  vacated  by  the  judge  granting  the  same,  or 
the  court  in  which  the  action  is  brought,  at  any  time,  upon  such  terms 
as  may  be  just. 

Cross-Retebjence 

Receiver,  see  section  381  of  this  title. 

628.  Disobedience   of   orders,   how   punished. — If   any   person, 

party,  or  witness  disobey  an  order  of  the  referee,  properly  made,  in 
the  proceedings  before  him  under  this  article,  he  may  be  punished 
by  the  court  or  judge  ordering  the  reference,  for  a  contempt. 

Cross-Reference 

Contempt,  see  section  1163  of  this  title. 

CHAPTER  13.— ACTIONS  IN  PARTICULAR  CASES 


Art.  Sec. 

1.  Actions   for   foreclosure  of   mort- 

gages   641 

2.  Actions  for  nuisance  and  waste-  651 


Art.  Sec. 

3.  Actions  to  determine  conflicting 
claims  to  property,  and  other 
provisions  relating  to  actions 
concerning  real   estate 661 


ARTICLE  1.— ACTIONS  FOR  FORECLOSURE  OF  MORTGAGES 


Sec. 

641.  Proceedings   in    foreclosure    suits. 

642.  Surplus    money     to     be    deposited     in 

court. 


Sec. 

643.  Proceedings    when    debt    secured    falls 
due  at   different   times. 

644.  Commissioner's  oath,  bond,  report,  and 
compensation. 

* 

Section  641.  Proceedings  in  foreclosure  suits. — There  can  be  but 
one  action  for  the  recovery  of  any  debt,  or  the  enforcement  of  any 
right  secured  by  mortgage  upon  real  or  personal  property,  which 
action  must  be  in  accordance  with  the  provisions  of  this  article. 
In  such  action  the  court  may,  by  its  judgment,  direct  the  sale  of  the 
encumbered  property  (or  so  much  thereof  as  may  be  necessary), 
and  the  application  of  the  proceeds  of  the  sale  to  the  payment  of 
the  costs  of  court,  and  the  expenses  of  the  sale,  and  the  amount  due 
plaintiff,  including,  where  the  mortgage  provides  for  the  payment 
of  attorney's  fees,  such  sum  for  such  fees  as  the  court  shall  find  rea- 
sonable, not  exceeding  the  amount  named  in  the  mortgage. 

The  court  may,  by  its  judgment,  or  at  any  time  after  judgment, 
appoint  a  commissioner  to  sell  the  encumbered  property.     It  must 


424 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  643 

require  of  him  an  undertaking  in  an  amount  fixed  by  the  court,  with 
sufficient  sureties,  to  be  approved  by  the  judge,  to  the  effect  that  the 
commissioner  will  faithfully  perform  the  duties  of  his  office  accord- 
ing to  law.  Before  entering  upon  the  discharge  of  his  duties  he 
must  file  such  undertaking,  so  approved,  together  with  his  oath  that 
he  will  faithfully  perform  the  duties  of  his  office. 

If  it  appear  from  the  marshal's  return,  or  from  the  commissioner's 
report,  that  the  proceeds  are  insufficient,  and  a  balance  still  remains 
due,  judgment  must  then  be  docketed  by  the  clerk  in  the  manner 
provided  in  this  title  for  such  balance  against  the  defendant  or  de- 
fendants personally  liable  for  the  debt.  No  person  holding  a  con- 
veyance from  or  under  the  mortgagor  of  the  property  mortgaged, 
or  having  a  lien  thereon,  which  conveyance  or  lien  does  not  appear 
of  record  in  the  office  of  the  registrar  of  property  at  the  time  of  the 
commencement  of  the  action,  need  be  made  a  party  to  such  action, 
and  the  judgment  therein  rendered,  and  the  proceedings  therein  had, 
are  as  conclusive  against  the  party  holding  such  unrecorded  convey- 
ance or  lien  as  if  he  had  been  a  party  to  the  action. 

If  the  court  appoint  a  commissioner  for  the  sale  of  the  property, 
he  must  sell  it  in  the  manner  provided  by  law  for  the  sale  of  like 
property  by  the  marshal  upon  execution;  and  the  provisions  of  sec- 
tions 581  to  618  of  this  title  are  hereby  made  applicable  to  sale  made 
by  such  commissioner,  and  the  powers  therein  given  and  the  duties 
therein  imposed  on  the  marshal  are  extended  to  such  commissioner. 

Cboss-Referbnces 

Foreclosure  of  mortgage  against  estate,  see  sections  1478  and  1481  of  this 
title. 

Injunction  to  restrain  waste  by  party  in  possession,  see  section  668  of  this 
title. 

Judgment  by  default  and  relief  granted  thereon,  see  sections  414  and  421  of 
this  title. 

IMortgage  not  a  personal  obligation  imless  an  express  covenant,  see  title  3, 
section  2238. 

Mortgage  or  pledge  of  personal  property,  remedies,  see  title  3,  sections  2267, 
and  2281  to  2306. 

Pleading  written  document,  see  sections  242  to  244  of  this  title. 

Foreclosure  necessary  to  obtain  possession,  see  section  667  of  this  title. 

Receiver,  see  section  381  of  this  title. 

Tender,  see  section  911  of  this  title. 

642.  Surplus  money  to  be  deposited  in  court.— If  there  be  sur- 
plus money  remaining,  after  payment  of  the  amount  due  on  the  mort- 
gage, lien,  or  encumbrance,  with  costs,  the  court  may  cause  the  same 
to  be  paid  to  the  person  entitled  to  it,  and  in  the  meantime  may  direct 
it  to  be  deposited  in  court. 

Cboss-Refebence 

Deposit  in  court,  see  sections  391  and  392  of  this  title. 

643.  Proceedings  when  debt  secured  falls  due  at  different 
times.— If  the  debt  for  which  the  mortgage,  lien,  or  encumbrance 
is  held  is  not  all  due,  so  soon  as  sufficient  of  the  property  has  been 
sold  to  pay  the  amount  due,  with  costs,  the  sale  must  cease;  and 
afterwards,  as  often  as  more  becomes  due,  for  principal  or  interest, 

93083 — 34 28  425 


T.4,  §644]  THE  CODE  OF  CIVIL  PROCEDURE 

the  court  may,  on  motion,  order  more  to  be  sold.  But  if  the  prop- 
erty cannot  be  sold  in  portions,  without  injury  to  the  parties,  the 
whole  may  be  ordered  to  be  sold  in  the  first  instance,  and  the  entire 
debt  and  costs  paid,  there  being  a  rebate  of  interest  where  such 
rebate  is  proper. 

644.  Commissioner's  oath,  bond,  report,  and  compensation. — 

The  commissioner,  before  entering  upon  his  duties,  must  be  sworn 
to  perform  them  faithfully,  and  the  court  making  the  appointment 
shall  require  of  him  an  undertaking,  with  sufficient  sureties,  to  be 
approved  by  the  court,  in  an  amount  to  be  fixed  by  the  court,  to  the 
effect  that  he  will  faithfull}^  perform  the  duties  of  commissioner 
according  to  law.  Within  thirty  days  after  such  sale,  the  commis- 
sioner must  file  with  the  clerk  of  the  court  in  which  the  action  is 
pending,  a  verified  report  and  account  of  the  sale,  together  with  the 
proper  affidavits,  showing  that  the  regular  and  required  notice  of  the 
time  and  place  of  the  sale  was  given,  which  report  and  account  shall 
have  the  same  force  and  effect  as  the  marshal's  return  in  sales  under 
execution.  In  all  cases  of  sales  made  by  a  commissioner,  the  court  in 
which  the  proceedings  are  pending  shall  fix  a  reasonable  compensa- 
tion for  the  commissioner's  services,  but  in  no  case  to  be  less  than  the 
sum  of  $10. 

ARTICLE  2.— ACTIONS  FOR  NUISANCE  AND  WASTE 

Sec.  j    Sec. 

651.  Nuisauce   defined ;    abatement   of ;    ac-      052.  Waste,  actions  for. 
tions  instituted,  by  whom.  I 

651.  Nuisance  defined;  abatement  of;  actions  instituted,  by 
whom. — An  action  may  be  brought  b}'  any  person  whose  property 
is  injuriously  affected,  or  whose  personal  enjoyment  is  lessened  by  a 
nuisance,  as  the  same  is  defined  in  section  2801  of  title  3,  and  by  the 
judgment  in  such  action  the  nuisance  may  be  enjoined  or  abated  as 
well  as  damages  recovered  therefor.  A  civil  action  may  be  brought 
in  the  name  of  the  Government  of  the  Canal  Zone  to  abate  a  public 
nuisance  as  the  same  is  defined  in  section  2802  of  title  3,  by  the 
district  attorney. 

Ceos  s-Refebences 

Nuisance  generally,  see  title  3,  sections  2801  to  2821. 

Nuisance  enjoined,  see  title  3,  section  2684. 

Public  nuisance,  see  also  title  5,  sections  551  and  552. 

652.  Waste,  actions  for. — If  a  guardian,  tenant  for  life  or  years, 
joint  tenant,  or  tenant  in  common  of  real  property,  commit  waste 
thereon,  any  person  aggrieved  by  the  waste  may  bring  an  action 
against  him  therefor,  in  which  action  there  may  be  judgment  for 
treble  damages. 

Cross- References 

Waste,  see  section  669  of  this  title. 
Enjoining,  see  section  668  of  this  title. 


426 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  663 


ARTICLE  3.— ACTIONS  TO  DETERMINE  CONFLICTING  CLAIMS  TO 
PROPERTY,  AND  OTHER  PROVISIONS  RELATING  TO  ACTIONS 
CONCERNING  REAL  ESTATE 


Sec. 

OCT.  A  mortgage  must  not  be  deertifd  a 
conveyance,    whatever    its    terms. 

608.  When  couit  may  grant  injunction 
(luring  foreclosure  or  after  sale  on 
execution,  before  conveyance. 

669.  Damages  may  be  recovered  for  in- 
jury to  tlie  possession  after  sale 
and  before  delivery  of  possession. 

070.  Action  not  to  l)e  prejudiced  by  aliena- 
tion  pending  suit. 


Sec. 

661.  Action  to  quiet   title  to  real  and  per- 

sonal  property. 

662.  When  plaintiff  cannot  recover  costs. 

663.  Where      plain!  iff"s      right      terminates 

pending  suit,  what  he  may  recover. 

664.  When    value   of    improvements   can    be 

allowed   as   a   set-ofif. 

605.  An    order    may    lie    made    to    allow    a 

party  to  survey  and  measure  the 
land   in  dispute. 

606.  Order,     what     to     contain,     and     how 

served  ;  if  unnecessary  injury  done, 
the  party  surveying  to  be  liable 
therefor. 

661.  Action  to  quiet  title  to  real  and  personal  property. — An 

action  may  be  brought  by  any  person  again:?!  another  who  claims 
an  estate  or  interest  in  real  or  personal  property  adverse  to  him,  for 
the  jDurpose  of  determining  such  adverse  claim:  Provided^  however^ 
That  whenever  in  an  action  to  quiet  title  to,  or  to  determine  adverse 
claims  to,  real  or  personal  propert}'^,  the  validity  or  interpretation 
of  any  gift,  devise,  bequest,  or  trust,  under  any  will  or  instrument 
purporting  to  be  a  will,  whether  admitted  to  probate  or  not,  shall  be 
involved,  such  will,  or  instrument  purporting  to  be  a  will,  is  admis- 
sible in  evidence;  and  all  questions  concerning  the  validity  of  any 
gift,  devise,  bequest,  or  trust  therein  contained,  save  such  as  belong 
exclusively  to  the  probate  jurisdiction,  shall  be  determined  in  such 
action:  Provided^  further^  That  if  the  said  will  shall  have  been 
admitted  to  probate  and  interpreted  b}^  a  decree  of  the  district  court, 
which  decree  has  become  final,  such  interpretation  shall  be  con- 
clusive as  to  the  proper  construction  of  said  will,  or  any  part  thereof, 
so  construed,  in  any  action  under  this  section  :  And  provided^  further. 
That  nothing  herein  contained  shall  be  construed  to  deprive  a  party 
of  the  right  to  a  jury  trial  in  any  case  where  by  the  law  such  right  is 
now  given. 

Cross-Refeeences 

Possession  of  executors  os  possession  of  heirs  for  purposes  of  suit  to  quiet 
title,  see  section  1521  of  this  title. 

Determining  claim  to  personalty,  see  section  956  of  this  title. 
Parties,  see  sections  133  and  137  of  this  title. 

662.  When  plaintiff  cannot  recover  costs. — If  the  defendant  in 
such  action  disclaim  in  his  answer  an}^  interest  or  estate  in  the 
property,  or  suffer  judgment  to  be  taken  against  him  without  answer, 
the  plaintiff  cannot  recover  costs. 

Ceoss-Reterence 
Costs,  see  sections  1001  et  seq.  of  this  title. 

663.  Where  plaintiff's  right  terminates  pending  suit,  what  h2 
may  recover. — In  an  action  for  the  recovery  of  property,  where  the 
plaintiff  shows  a  right  to  recover  at  the  time  the  action  was  com- 
menced, but  it  appears  that  his  right  has  terminated  during  the 
pendency  of  the  action,  the  verdict  and  judgment  must  be  accorcl- 


427 


T.4,  §664]  THE  CODE  OF  CIVIL  PROCEDURE 

ino;  to  the  fact,  and  the  plaintiff  may  recover  damages  for  with- 
holding the  property. 

Cross-Bkferences 

Pendency  of  action,  see  section  955  of  this  title. 
Alienation  pending  action,  see  section  670  of  this  title. 

664.  When  value  of  improvements  can  be  allowed  as  a  set-off. — 

When  damages  are  claimed  for  withholding  the  property  recovered, 
ujwn  which  permanent  improvements  have  been  made  by  a  defend- 
ant, or  those  under  whom  he  claims,  holding  under  color  of  title 
adversely  to  the  claim  of  the  j)laintiff,  in  good  faith,  the  value 
of  such  improvements  must  be  allowed  as  a  set-olF  against  such 
damages. 

Cross-IIeferbnce 

Counterclaim,  see  sections  223  and  224  of  this  title. 

665.  An  order  may  be  made  to  allow  a  party  to  survey  and 
measure  the  land  in  dispute. — The  court  in  which  an  action  is 
pending  for  the  recover}^  of  real  property,  or  for  damages  for  an 
injury  thereto,  or  the  judge  thereof  may,  on  motion,  upon  notice  by 
either  party  for  good  cause  shown,  grant  an  order  allowing  to  such 
party  the  right  to  enter  upon  the  property  and  make  survey  and 
measurement  thereof,  for  the  purpose  of  the  action,  even  though 
entry  for  such  purpose  has  to  be  made  through  other  lands  belonging 
to  parties  to  the  action. 

666.  Order,  what  to  contain,  and  how  served;  if  unnecessary 
injury  done,  the  party  surveying  to  be  liable  therefor. — The  order 
must  describe  the  property,  and  a  copy  thereof  must  be  served  on 
the  owner  or  occupant;  and  thereupon  such  party  may  enter  upon 
the  property,  with  necessary  surveyors  and  assistants,  and  make  such 
survey  and  measurement;  but  if  any  unnecessary  injury  be  done  to 
the  property  he  is  liable  therefor. 

667.  A  mortgage  must  not  be  deemed  a  conveyance,  whatever 
its  terms. — A  mortgage  of  real  property  shall  not  be  deemed  a  con- 
veyance, whatever  its  terms,  so  as  to  enable  the  owner  of  the  mort- 
gage to  recover  possession  of  the  real  property  without  a  foreclosure 
and  sale. 

Cross-Rei-'erences 

Conveyance  deemed  mortgage,  see  title  3,  sections  2234  and  2235. 
Mortgagee's  possession,  see  title  3,  section  2237. 

668.  When  court  may  grant  injunction  during  foreclosure  or 
after  sale  on  execution,  before  conveyance. — The  court  may,  by 
injunction,  on  good  cause  shown,  restrain  the  party  in  possession 
from  doing  any  act  to  the  injury  of  real  property  during  the  foi-e- 
closure  of  a  mortgage  thereon;  or,  after  a  sale  on  execution,  befoi'c 
a  conveyance. 

Cross-References 

Injunction  generally,  see  sections  341  to  346  of  this  title. 

Receiver,  see  section  381  of  this  title. 

Waste,  see  title  3,  section  2239. 

Foreclosure  of  mortgage,  see  section  641  of  this  title. 

Execution  sales,  see  sections  594  et  seq.,  of  this  title. 

428 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  681 


669.  Damages  may  be  recovered  for  injury  to  the  possession 
after  sale  and  before  delivery  of  possession. — When  real  property 
ha3  been  sold  on  execution,  the  purchaser  thereof,  or  any  person  who 
may  have  succeeded  to  his  interest,  may,  after  liis  estate  becomes 
absolute,  recover  damages  for  injury  to  the  property  by  the  tenant 
in  possession  after  sale,  and  before  possession  is  delivered  under  the 
conveyance. 

670.  Action  not  to  be  prejudiced  by  alienation  pending  suit. — 

An  action  for  the  recovery  of  real  property  again.st  a  person  in  pos- 
session cannot  be  prejudiced  hy  any  alienation  made  by  such  person, 
either  before  or  after  the  commencement  of  the  action. 

Cboss-Refebence 

Termination  of  rights  pending  action,  see  section  663  of  this  title. 

CHAPTER  14.— PROCEEDINGS  IN  MAGISTRATES'  COURTS 


Art.  Sec. 

1.  Place  of  trial  of  actions  in  magis- 

trates'  courts 681 

2.  Manner  of  commencing  actions  in 

magistrates'    courts 691 

3.  Pleadings  in  magistrates'  courts.       711 

4.  Provisional    remedies    in    magis- 

trates'  courts 731 

5.  Judgment    by    default    in    magis- 

trates'  courts 761 

6.  Time  of  trial  and  postponements 

in    magistrates'    courts 771 


Art. 

7.  Trials  in  magistrates'  courts 

8.  Judgments,    other    than    bj'    de- 

fault,   in    magistrates'    courts- 

9.  Executions      from      magistrates' 

courts 

10.  Contempts  in  magistrates' 

courts 

11.  Dockets  of  magistrates 

12.  General     provisions     relating    to 

magistrates'   courts 


Sec. 
781 

791 

811 

821 
831 

811 


ARTICLE  1.— PLACE  OF  TRIAL  OF  ACTIONS  IN  MAGISTRATES'  COURTS 


Sec. 

681.  Actions,  where  must  be  commenced. 

682.  Place  of  trial  may  be  changed  in  cer- 

tain cases. 


Sec. 

683.  Proceedings  after  order  changing  place 
of  trial. 


Section  681.  Actions,  where  must  be  commenced. — Actions  in 
magistrates'  courts  must  be  commenced,  and,  subject  to  the  right  to 
change  the  place  of  trial,  as  in  this  article  provided,  must  be  tried : 

1.  In  the  subdivision  in  which  the  defendant  resides; 

2.  When  two  or  more  person.s  are  jointly,  or  jointly  and  severally, 
bound  in  any  debt  or  contract,  or  otherwise  jointly  liable  in  the  same 
action,  and  reside  in  different  subdivisions — in  either  subdivision ; 

3.  In  cases  of  injury  to  the  person  or  property — in  the  subdivision 
where  the  injury  was  committed,  or  where  the  defendant  resides; 

4.  If  for  the  recovery  of  personal  property,  or  the  value  thereof, 
or  damageg  for  taking  or  detaining  the  same — in  the  subdivision  in 
which  the  property  may  be  found,  or  in  which  the  property  was 
taken,  or  in  which  the  defendant  resides ; 

5.  When  the  defendant  is  a  nonresident  of  the  Canal  Zone — in 
either  subdivision; 

6.  When  a  person  has  contracted  to  perform  an  obligation  at  a 
particular  place,  and  resides  in  the  other  subdivision — in  the  sub- 
division in  which  such  obligation  is  to  be  performed,  or  in  which 
he  resides ;  and  the  subdivision  in  which  the  obligation  is  incurred 
is  deemed  to  be  the  subdivision  in  which  it  is  to  be  performed, 
unless  there  is  a  special  contract  in  writing  to  the  contrary; 

7.  When  the  parties  voluntarily  appear  and  plead  without  sum- 
mons— in  either  subdivision ; 


42y 


T.  4,  §  682] 


THE  CODE  OF  CIVIL  PROCEDURE 


8.  In  all  other  cases — in  the  subdivision  in  which  the  defendant 
resides. 

Ckoss-Refebences 

Place  of  trial  generally,  see  section  151  of  this  title. 
Jurisdiction  of  magistrate's  court,  see  title  7,  section  2. 

682.  Place  of  trial  may  be  changed  in  certain  cases. — The  court 

may,  at  any  time  before  tlie  trial,  on  motion,  change  the  place  of 
trial  in  the  following  cases: 

1.  When  it  appears  to  the  satisfaction  of  the  magistrate  before 
whom  the  action  is  pending,  by  affidavit  of  either  party,  that  such 
magistrate  is  a  material  witness  for  either  party ; 

2.  When  either  party  makes  and  iiles  an  affidavit  that  he  believes 
that  he  cannot  have  a  fair  and  impartial  trial  before  such  magistrate, 
by  reason  of  the  interest,  prejudice,  or  bias  of  the  magistrate; 

3.  When,  from  any  cause,  the  magistrate  is  disqualifiecl  from 
acting. 

CBOSS-REi'EREXCE 

Change  of  venue  generally,  see  section  153  of  this  title. 

683.  Proceedings  after  order  changing  place  of  trial. — After  an 
order  has  been  made,  transferring  the  action  for  trial  to  another 
court,  the  following  proceedings  must  be  had : 

1.  The  magistrate  ordering  the  transfer  must  immediately  transmit 
to  the  magistrate  of  the  court  to  which  it  is  transferred,  on  payment 
by  the  party  applying  of  all  the  costs  that  have  accrued,  all  the  papers 
in  the  action,  together  with  a  certilied  transcript  from  his  docket  of 
the  proceedings  therein; 

2.  Upon  the  receipt  by  him  of  such  papers,  the  magistrate  to  whom 
the  case  is  transferred  has  thereafter  the  same  jurisdiction  over  the 
action  as  though  it  had  been  commenced  in  his  court. 

ARTICLE  2.— MANNER  OF  COMMENCING  ACTIONS   IN  MAGISTRATES" 

COURTS 


Sec. 

691.  Actions,  how  commenced. 

692.  Summons   may  issue  within  a  year. 

693.  Defendant  may  waive  summons. 

694.  Parties   may   appear   in    person    or   by 

attorney. 

695.  Wl;en    guardian    necessary,    how    ap- 

pointed. 

696.  Summons,    how    issued,    dii-ected,    and 

what   to   contain. 


Sec. 

G97.  Time   for  appearance  of   defendant. 

098.  Alias  summons. 

(199.  Same. 

700.  Service    of    summons    outside    of    sub- 

division. 

701.  Summons,   by   whom   and   how   served 

and   returned. 

702.  Notice     of     heaiina:     in     magistrates' 

courts. 


691.  Actions,  how  commenced. — An  action  in  a  magistrate's  court 
is  commenced  by  filing  a  complaint. 


CKOSS-REnTEKENCES 

Coniniencenieut  of  action,  see  sections  101  and  IGl  of  this  title. 
Action,  when  itending,  see  section  955  of  thi.s  title. 
Complaint  generally,  see  section  202  of  tliis  title. 
Fees,  see  sections  981  et  seq.,  of  this  title. 


692.  Summons  may  issue  within  a  year. 

on  the  complaint  the  date  upon  which   it  was 


The  court  must  indorse 
filed,  and  at  any 


430 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  696 

time  within  one  year  thereafter  the  plaintiff  may  have  summons 
issued. 

Ceoss-Reference 

Issuance  of  suimnons  generally,  see  section  163  of  this  title. 

693.  Defendant  may  waive  summons. — At  any  time  after  the 
complaint  is  filed,  the  defendant  may,  in  writing,  or  by  appearing 
and  pleading,  waive  the  issuing  of  summons, 

Cross-References 

Appearance  generally,  see  section  945  of  tbis  title. 
Waiver  generally,  see  section  162  of  this  title. 

694.  Parties  may  appear  in  person  or  by  attorney: — Parties  in 
magistrates'  courts  may  appear  and  act  in  person  or  by  attorney. 

Cross-Reference 
Attorneys  generally,  see  sections  41  et  seq.,  of  this  title. 

695.  When  guardian  necessary,  how  appointed. — When  an  in- 
fant, insane,  or  incompetent  person  is  a  party,  he  must  appear 
either  by  his  general  guardian,  if  he  have  one.  or  by  a  guardian  ad 
litem  appointed  by  the  magistrate.  When  a  guardian  ad  litem  is 
appointed  by  the  magistrate,  he  must  be  aj^pointed  as  follows : 

1.  If  the  infant,  insane,  or  incompetent  person,  be  plaintiff,  the 
appointment  must  be  made  before  the  summons  is  issued,  upon  the 
application  of  the  infant,  if  he  be  of  the  age  of  fourteen  years;  if 
under  that  age,  or  if  insane,  or  incompetent,  upon  the  application  of 
a  relative  or  friend. 

2.  If  the  infant,  insane,  or  incompetent  person,  be  defendant,  the 
appointment  must  be  made  at  the  time  the  summons  is  returned,  or 
before  the  answer,  upon  the  application  of  the  infant,  if  he  be  of  the 
age  of  fourteen  years  and  apply  at  or  before  the  summons  is  returned ; 
if  he  be  under  the  age  of  fourteen,  or  be  insane  or  incompetent,  or 
neglect  so  to  apply,  then  upon  the  application  of  a  relative  or  friend, 
or  any  other  party  to  the  action,  or  by  the  magistrate  on  his  own 
motion. 

Ckoss-References 

Appearance  by  guardians  generally,  see  sections  127,  128  of  this  title. 
Guardian  to  conduct  action  by  infant,  see  title  3,  section  34. 

696.  Summons,  how  issued,  directed,  and  what  to  contain. — The 

summons  must  be  directed  to  the  defendant,  signed  by  the  magis- 
trate, and  must  contain: 

1.  The  title  of  the  court,  name  of  the  subdivision  in  which  the 
action  is  brought,  and  the  names  of  the  parties  thereto; 

2.  A  direction  that  the  defendant  appear  and  answer  before  the 
magistrate,  as  specified  in  the  section  next  following; 

3.  A  notice  that  unless  the  defendant  so  appear  and  answer,  the 
plaintiff  will  take  judgment  for  any  money  or  damages  demanded 
in  the  complaint,  as  arising  upon  contract,  or  will  apply  to  the  court 
for  the  relief  demanded  in  the  complaint.    If  the  plaintiff  appears  by 


431 


T.  4,  §697]  TEE  CODE  OF  CIVIL  PROCEDURE 

attorney,   the   name   of  the   attorney   must   be   indorsed  upon    the 

summons. 

Cross-Rekeuence 

Contents  of  summons  generally,  see  section  163  of  this  title. 

697.  Time  for  appearance  of  defendant. — The  time  specified  in 
the  summons  for  the  appearance  of  the  defendant  must  be  as  follows : 

1.  If  an  order  of  arrest  is  indorsed  upon  the  summons,  forthwith ; 

2.  In  all  other  cases,  within  five  days,  if  the  summons  is  served 
in  the  subdivision,  in  which  the  action  is  brought ;  wdthin  ten  days, 
if  served  in  the  other  subdivision. 

698.  Alias  summons. — If  the  summons  is  returned  without  being 

served  upon  any  or  all  of  the  defendants,  or  if  it  has  been  lost,  the 
magistrate,  upon  the  demand  of  the  plaintiff,  may  issue  an  alias 
sunnnons,  in  the  same  form  as  the  original,  except  that  he  may  fix 
the  time  for  the  appearance  of  the  defendant  at  a  period  not  to 
exceed  ninety  days  from  its  date. 

Ceoss-Refebencb 
Alias  summons  generally,  see  section  164  of  this  title. 

699.  Same. — The  magistrate  may,  within  a  year  from  the  date  of 
the  filing  of  the  complaint,  issue  as  many  alias  summonses  as  may  be 
demanded  by  the  plaintiff. 

700.  Service  of  summons  outside  of  subdivision. — The  summons 

cannot  be  served  out  of  the  subdivision  wherein  the  action  is  brought, 
except  in  the  following  cases : 

1.  When  the  action  is  upon  the  joint  contract  or  obligation  of 
two  or  more  persons,  one  of  whom  resides  within  the  subdivision; 

2.  When  the  action  is  brought  against  a  party  who  has  contracted 
in  writing  to  perform  an  obligation  at  a  particular  place,  and  resides 
in  the  other  subdivision; 

3.  When  the  action  is  for  injury  to  person  or  property,  and  the 
defendant  resides  in  the  other  subdivision ; 

4.  In  all  cases  where  the  defendant  was  a  resident  of  the  sub- 
division w^hen  the  action  was  brought,  or  when  the  obligation  was 
incurred,  and  thereafter  departed  therefrom,  in  which  event  he  may 
be  served  wherever  he  may  be  found; 

5.  In  actions  of  forcible  entry  and  detainer,  or  to  enforce  and 
foreclose  liens  on,  or  to  recover  possession  of,  personal  property 
situated  within  the  subdivision. 

701.  Summons,  by  whom  and  hovv^  served  and  returned. — The 

summons  may  be  served  by  the  constable  of  either  of  the  magistrates' 
courts  or  by  any  other  person  of  the  age  of  eighteen  years  or  over 
not  a  party  to  the  action.  When  a  summons  issued  by  a  magistrate 
is  to  be  served  out  of  the  subdivision  in  which  it  is  issued  the  sum- 
mons must  be  served  and  returned  as  provided  in  chapter  8  of  tliis 
title,  or  it  may  be  served  by  publication  and  sections  168  and  169 
of  this  title  so  far  as  they  relate  to  the  publication  of  summons 
are  made  applicable  to  magistrates'  courts,  the  word  "  magistrate  " 

482 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  702 

being  substituted  for  the  word  "  judge  "  wherever  the  latter  word 
occurs. 

Cross-Refekences 

Service  by  publication,  see  section  168  of  this  title. 
For  chapter  8.  see  sections  161  et  seq.,  of  this  title. 

702.  Notice  of  hearing  in  magistrates'  courts. — When  all  the 

parties  served  with  process  shall  have  appeared,  or  some  of  them 
have  appeared,  and  the  remaining  defendants  have  made  default, 
the  magistrate  must  fix  the  day  for  the  trial  of  said  cause,  and  give 
notice  thereof  to  the  parties  to  the  action  who  have  appeared,  but 
in  case  any  of  the  parties  are  represented  by  an  attorney,  then  to 
such  attorney :  Provided,  hotoever,  That  where  a  party  has  appeared 
in  person,  such  party  shall  leave  with  the  magistrate  or  magistrate's 
clerk,  and  the  same  shall  be  entered  upon  the  register  in  the  action, 
an  address  where  service  of  the  notice  of  hearing  of  such  matter 
may  be  made :  Provided^  further,  That  such  notice  shall  be  personally 
served  on  said  person  if  he  can  be  found  at  said  address,  but  in  case 
said  person  cannot,  after  due  diligence,  be  found  at  said  address 
and  such  fact  appears  by  affidavit  to  the  satisfaction  of  the  magis- 
trate, then  the  service  of  such  notice  may  be  by  registered  mail  and 
in  the  manner  hereinafter  provided  for  service  of  notice  by  mail. 
Such  notice  shall  be  in  writing,  signed  by  the  magistrate,  and  sub- 
stantially in  the  following  form,  filling  blanks  according  to  the  facts : 

Form  of  notice. — 

In  the  Magistrate's  Court,  Subdivision  of ,  Canal  Zone. 

plaintiff,  v. defendant 

To  plaintiff,   or   attorney   for   plaintiff,    and 

to defendant,  or attorney  for  defendant : 

You  and  each  of  you  will  please  take  notice  that  the  under- 
signed magistrate  before  whom  the  above-entitled  cause  is  pend- 
ing, has  set  for  hearing  the  demurrer  of  ,  filed  in  said 

cause  (or  has  set  the  said  cause  for  trial,  as  the  case  may  be), 

before  me  at ,  at o'clock  —  m.,  on  the  day  of 

,  19—. 

Dated  this day  of ,  19 — . 

(Signed)     — 


Magistrate. 

Service;  service  by  mail. — Said  notice  shall  be  served  by  mail  or 
personally.  When  served  by  mail  the  magistrate  shall  deposit  copies 
thereof  in  a  sealed  envelope  in  the  post  office  at  least  ten  days  before 
the  trial  or  hearing  addressed  to  each  of  the  persons  on  whom  it  is 
to  be  served  at  their  place  of  residence:  Provided,  That  such  notice 
shall  be  served  by  mail  only  when  the  person  on  whom  service  is  to 
be  made  resides  out  of  the  subdivision  in  which  said  magistrate's 
court  is  situated,  or  is  absent  therefrom  or  has  appeared  in  person. 
When  personally  served  said  notice  shall  be  served  at  least  five  days 
before  the  trial  or  hearing  on  the  persons  on  whom  it  is  to  be  served 
by  any  person  competent  and  qualified  to  serve  a  summons  in  a 
magistrate's  court,  and  when  personally  served  it  shall  be  served, 
returned  and  filed  in  like  manner  as  a  summons.     When  a  party  has 

433 


T.4,  §  711]  THE  CODE  OF  CIVIL  PROCEDURE 

appeared  by  attornej^  the  notice  may  be  served  in  the  manner  pre- 
scribed by  subdivision  1  of  section  942  of  this  title. 

Docket  entries. — The  magistrate  shall  enter  on  his  docket  the 
date  of  trial  or  hearing ;  and  when  such  notice  shall  have  been  served 
by  mail  the  magistrate  shall  enter  on  his  docket  the  date  of  mailing 
such  notice  of  trial  or  hearing  and  such  entry  shall  be  prima  facie 
evidence  of  the  fact  of  such  service.  The  parties  are  entitled  to  one 
hour  in  which  to  appear  after  the  time  fixed  in  said  notice,  but  are 
not  bound  to  remain  longer  than  that  time  unless  both  parties  have 
appeared  and  the  magistrate  being  present  is  engaged  in  the  trial  of 
another  cause. 

Ckoss-Refesence 

Time  of  trial,  see  section  771  of  this  title. 

ARTICLE  3.— PLEADINGS  IN  MAGISTRATES'  COURTS 


Sec. 

711.  Form    of   pleadings. 

712.  Pleadings   in    magistrates'   courts. 

713.  Complaint    defined. 

714.  When  demurrer  to   complaint  maj'   be 

put  in. 

715.  Answer,  what  to  contain. 

716.  If     the     defendant     omit     to     set     up 

counterclaim. 


Sec. 

717.  When  plaintiff  may  demur  to  answer. 

718.  When    aflBrmative    judgment    may    be 

rendered  fur  defendant. 

719.  Tlie  proceedings  on  demurrer. 

720.  Amendment  of  pleadings. 

721.  Answer  or  demurrer  to  amended  iilcad- 

iug.s. 


711.  Form  of  pleadings. — Pleadings  in  magistrates'  courts — 

1.  Are  not  required  to  be  in  any  particular  form,  but  must  be  such 
as  to  enable  a  person  of  common  understanding  to  know  what  is 
intended ; 

2.  May,  except  the  complaint,  be  oral  or  in  writing ; 

3.  Need  not  be  verified,  unless  otherwise  provided  in  this  chapter; 

4.  If  in  writing,  must  be  filed  with  the  magistrate; 

5.  If  oral,  an  entry  of  their  substance  must  be  made  in  the  docket. 

712.  Pleadirsgs  in  magistrates'  courts. — The  pleadings  arc: 

1.  The  complaint  by  the  plaintiff; 

2.  The  demurrer  to  the  complaint ; 

3.  The  answer  b}^  the  defendant ; 

4.  The  demurrer  to  the  answer. 

Cboss-Referencb 
List  of  pleadings  generally,  see  section  193  of  this  title. 

713.  Complaint  defined. — The  complaint  in  magistrates'  courts  is 
a  concise  statement,  in  writing,  of  the  facts  constituting  the  plain- 
tiff's cause  of  action;  or  a  copy  of  the  account,  note,  bill,  bond,  or 
instrument  upon  which  the  action  is  based. 

Ckoss-Reference 
Complaint  gonerully,  see  section  201  of  this  litle. 

714.  When  demurrer  to  complaint  may  be  put  in. — The  de- 
fendant may,  at  any  time  before  answering,  demur  to  the  complaint. 

Cross-Reteebnce 
Demurrer  generally,  see  section  211  of  this  title. 


434 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  71i0 

715.  Answer,  what  to  contain. — The  answer  may  contain  a  denial 

of  any  or  all  of  the  material  facts  stated  in  the  comphiint,  Avhich  the 
defendant  believes  to  be  untrue,  and  also  a  statement,  in  a  plain  and 
direct  manner,  of  any  other  facts  constituting  a  defense  or  counter- 
claim, upon  which  an  action  might  be  brought  by  the  defendant 
against  the  plaintiff,  or  his  assignor,  in  a  magistrate  s  court. 

Cross-references 

Answer  generally,  see  section  221  of  this  title. 
Counterclaim  generally,  see  section  223  of  this  title. 
Cross-comylaint  generally,  see  section  227  ot  tins  title. 

716.  If  the  defendant  omit  to  set  up  counterclaim. — If  the  de- 
fendant omit  to  set  up  a  counterclaim  in  llie  cases  mentioned  in  the 
next  preceding  section,  neither  he  nor  his  assignee  can  afterviards 
maintain  an  action  against  the  plaintiff  therefor. 

Cross-Reference 

Counterclaim  waived,  generally,  see  section  224  of  this  title. 

717.  When  plaintiff  may  demur  to  answer. — When  the  answer 
contains  new  matter  in  avoidance,  or  constituting  a  defense  or  a 
counterclaim,  the  plaintiff  may,  at  any  time  before  tlie  trial,  demur 
to  the  same  for  insufficiency,  stating  therein  the  grounds  of  such 
demurrer. 

Cross-Referekce 

Demurrer  to  answer,  generally,  see  secti<jn  231  of  this  title. 

718.  When  affirmative  judgment  may  be  rendered  for  de- 
fendant.— Afiirmative  judgment  may  be  rendered  for  the  defendant 
on  his  cross-complaint  (counterclaim)  whenever  the  defendant  proves 
that  he  is  entitled  to  more  than  the  plaintiff  has  proven  or  whenever 
the  plaintiff  fails  to  prove  that  he  is  entitled  to  any  judgment. 

719.  The  proceedings  on  demurrer. — The  proceedings  on  demur- 
rer are  as  follows : 

1.  If  the  demurrer  to  the  complaint  is  sustained,  the  plaintiff  may, 
within  such  time,  not  exceeding  two  daj's,  as  the  court  allows,  amend 
his  complaint; 

2.  If  the  demurrer  to  a  complaint  is  overruled,  the  defendant  may 
answer  forthwith; 

3.  If  the  demurrer  to  an  answer  is  sustained,  the  defendant  may 
amend  his  answer  within  such  time,  not  exceeding  two  days,  as  the 
court  may  allow ; 

4.  If  the  demurrer  to  an  answer  is  overruled,  the  action  must  pro- 
ceed as  if  no  demurrer  had  been  interposed. 

Cross-Reference 

Proceedings  on  demurrer,  generally,  see  sections  274  and   5U4   of  tliis  title. 

720.  Amendment  of  pleadings. — Either  party  may,  at  any  time 
before  the  conclusion  of  the  trial,  amend  any  pleading;  but  if  the 
amendment  is  made  after  the  issue,  and  it  appears  to  the  satisfaction 
()f  the  court,  by  oath,  that  an  adjournment  is  necessar}-  to  the  adverse 

435 


T.4,  §T21]  TBtl  CODE  OF  CIVIL  PROCEDURE 

party  in  consequence  of  such  amendment,  an  adjournment  must  be 
granted.  The  court  may  also,  in  its  discretion,  when  an  adjourn- 
ment will  by  the  amendment  be  rendered  necessary,  require  as  a 
condition  to  the  allowance  of  such  amendment,  made  after  issue 
joined,  the  jDayment  of  costs  to  the  adverse  party. 

Relief  against  judgment. — The  court  may  also,  on  such  terms 
as  may  be  just,  and  on  payment  of  costs,  relieve  a  party  from  a 
judgment  by  default  taken  against  him  by  his  mistake,  inadvertence, 
surprise,  or  excusable  neglect,  but  the  application  for  such  relief 
must  be  made  within  ten  days  after  notice  of  the  entry  of  the  judg- 
ment and  upon  an  affidavit  showing  good  cause  therefor. 

Ceoss-Refeeences 

Amendment,  and  relief  from  judgment,  generally,  see  section  275  of  this  title. 
Adjournment  because  of,  see  section  772  of  this  title. 

721.  Answer  or  demurrer  to  amended  pleadings. — When  a  plead- 
ing is  amended,  the  adverse  party  may  answer  or  demur  to  it  within 
such  time  as  the  court  may  allow,  not  exceeding  five  days  after 
notice  of  the  amendment. 

Cross-Refeeence 

Time  to  plead,  genei-ally,  when  complaint  is  amended,  see  section  213  of  this 
title. 

ARTICLE  4.— PROVISIONAL  REMEDIES  IN  MAGISTRATES'  COURTS 

B.  Attachment 


A.  Arrest  and  Bail 
Sec. 

731.  Order    of    arrest,    and    arrest    of    de- 

feiulant. 

732.  Affidavit  and  undertakiug  for  order  of 

arrest. 

733.  A    defendant    arrested    must    bo    taken 

before   the   magistrate   immediately. 

734.  The    officer    must    give    notice    to    tl>e 

plaintiff  of  arrest. 

735.  The  officer  must  detain  the  defendant. 


Sec. 

741.  Issue  of  writ  of  attachment. 

742.  Attacliment,    undertaking    on ;    excep- 

tions to  sureties. 

743.  To   whom   writ   directed ;   what   to   re- 

quire. 

744.  Certain    provi.sions    apply    to    all    at- 

taclunents  in  magistrates'   courts. 

C.  Claim  and  Delivery  of  Personal 
Property 


751.   How   claim   and   delivery   enforced. 
A.    ARREST    AND    BAIL 

731.  Order  of  arrest,  and  arrest  of  defendant. — An  order  to 

arrest  the  defendant  may  be  indorsed  on  a  summons  issued  by  the 
magistrate,  and  the  defendant  may  be  arrested  thereon  by  the  con- 
stable, at  the  time  of  serving  the  summons,  and  brought  before  the 
magistrate,  and  there  detained  until  duly  discharged,  in  the  following 
cases : 

1.  In  an  action  for  the  recovery  of  money  or  damages  on  a  cause 
of  action  arising  upon  contract,  express  or  implied,  when  the  de- 
fendant is  about  to  depart  from  the  Canal   Zone,  with  intent  to  . 
defraud  his  creditors;  tj 

2.  In  an  action  for  a  fine  or  penalty,  or  for  mcmey  or  property  '  '■ 
embezzled  or  fraudulently  misapplied,  or  converted  to  his  own  use 
by  one  who  received  it  in  a  fiduciary  capacity ; 

3.  When  the  defendant  has  been  guilty  of  a  fraud  in  contracting 
the  debt  or  incurring  the  obligation  for  which  the  action  is  brought; 

486 


THE  CODE  OP  CIVIL  PROCEDURE  [T.4,  §742 

4.  When  the  defendant  has  removed,  concealed,  or  disposed  of  his 
property,  or  is  about  to  do  so,  with  intent  to  defraud  his  creditors. 

CKOSS-llEI-'EfiENCE 

Arrest  and  bail,  see  sections  291  et  seq.,  of  this  title. 

732.  Affidavit  and  undertaking  for  order  of  arrest. — Before  an 

order  for  an  arrest  can  be  made,  the  party  applying  must  prove  to 
the  satisfaction  of  the  magistrate  by  the  attidavit  of  himself,  or  some 
other  person,  the  facts  upon  which  the  application  is  founded.  The 
plaintilf  must  also  execute  and  deliver  to  the  magistrate  a  written 
undertaking  in  the  sum  of  $300,  with  sufficient  sureties,  to  the  effect 
that  the  plaintilf  will  pay  ail  costs  that  may  be  adjudged  to  the  de- 
fendant, and  all  damages  which  he  may  sustain  by  reason  of  the 
arrest,  if  the  same  be  wrongful,  or  without  sufficient  cause,  not  exceed- 
ing the  sum  specified  in  the  undertaking. 

Ckoss-Refeeences 

Afladavit  aud   undertaking   for  arrest,   generally,   see   sections   293,   294   ol 
this  title. 
Qualification  of  sureties,  see  section  963  of  this  title. 

733.  A  defendant  arrested  must  be  taken  before  the  magistrate 
immediately. — The  defendant,  immediately  upon  being  arrested, 
must  be  taken  before  the  magistrate  who  made  the  order,  and  if  he 
is  absent  or  miable  to  try  the  action,  or  if  it  appears  to  him  by  the 
affidavit  of  the  defendant  that  he  is  a  material  witness  in  the  action, 
the  officer  must  immediately  take  the  defendant  before  the  magistrate 
of  the  other  subdivision,  who  must  take  jurisdiction  of  the  action  and 
proceed  thereon,  as  if  the  summons  had  been  issued  and  the  order  of 
arrest  made  by  him. 

734.  The  officer  must  give  notice  to  the  plaintiff  of  arrest. — The 

officer  making  the  arrest  must  immediatel}^  give  notice  thereof  to  the 
plaintilf,  or  his  attorney  or  agent,  and  indorse  on  the  summons,  and 
subscribe  a  certificate,  stating  the  time  of  serving  the  same,  the  time 
of  the  arrest,  and  of  his  giving  notice  to  the  plaintiff. 

735.  The  officer  must  detain  the  defendant. — The  officer  making 

the  arrest  must  keep  the  defendant  in  custody  until  he  is  discharged 
by  order  of  the  magistrate. 

B.   ATTACHMENT 

741.  Issue  of  writ  of  attachment. — A  writ  to  attach  the  property 
of  the  defendant  must  be  issued  by  the  magistrate  at  the  time  of  or 
after  issuing  summons  in  actions  in  which  the  sum  claimed  exclusive 
of  interest  exceeds  $10,  on  receiving  an  affidavit  by  or  on  behalf  of 
the  plaintiff,  showing  the  same  facts  as  are  required  to  be  shown  by 
the  affidavit  specified  in  section  352  of  this  title. 

Ceoss-Refeeence 

Attachment,  generally,  see  sections  351  et  seq.,  of  this  title. 

742.  Attachment,  undertaking  on;  exceptions  to  sureties. — Be- 
fore issuing  the  writ,  the  magistrate  must  require  a  written  under- 

487  f 


T.  4,  §743]  THE  CODE  OF  CIVIL  PROCEDURE 

taking  on  the  part  of  the  plaintiff,  with  two  or  more  sufficient  sure- 
ties, in  a  sum  not  less  than  $50  nor  more  than  $300,  to  the  effect  that 
if  the  defendant  recovers  judgment,  the  plaintiff  will  pay  all  costs 
that  may  be  awarded  to  the  defendant,  and  all  damages  which  he 
may  sustain  by  reason  of  the  attachment,  not  exceedin<^  the  sum 
specified  in  the  undertaking.  At  any  time  after  the  issvung  of  the 
attachment,  but  not  later  than  five  clays  after  the  notice  of  its  levy, 
the  defendant  may  except  to  the  sufficiency  of  the  sureties.  If  he 
fails  to  do  so,  he  is  deemed  to  have  waived  all  objections  to  them. 
When  excepted  to  the}''  must  justify  in  the  manner  and  within  the 
time  provided  in  section  353  of  this  title,  otherwise  the  magistrate 
must  order  the  writ  of  attachment  vacated. 

CHOSS-REFEaiENCE 

Undertaking  on  attachment  generally,  see  section  353  of  this  title. 

743.  To  whom  writ  directed;  what  to  require. — The  writ  must 

be  directed  to  the  constable  and  must  require  him  to  attach  and 
safely  keep  ail  of  the  property  of  the  defendant  within  his  subdi- 
vision not  exempt  from  execution,  or  so  much  thereof  as  may  be 
sufficient  to  satisfy  the  plaintiff''?  demand  against  the  defendant,  the 
amount  of  which  must  be  stated  in  conformity  with  the  complaint, 
unless  the  defendant,  whose  property  has  been  or  is  about  to  be 
attached,  give  him  security  by  the  undertaking  of  two  sufficient 
sureties,  in  an  amount  sufficient  to  satisfy  such  demand  against  such 
defendant  besides  costs ;  in  which  case  to  take  such  undertaking. 

In  the  event  that  the  action  is  against  more  than  one  defendant, 
any  defendant  whose  property  has  been  or  is  about  to  be  attached 
in  such  action  may  give  the  constable  such  undertaking,  and  the 
constable  shall  take  the  same,  and  such  undertaking  shall  not  subject 
such  defendant  to  or  be  answerable  for  any  demand  against  an}^  other 
defendant,  nor  shall  the  constable  thereby  be  prevented  from  attach- 
ing or  be  obliged  to  release  from  attachment,  any  property  of  any 
other  defendant:  Provided,  however,  That  such  defendant,  at  the  time 
of  giving  such  undertaking  to  the  constable,  shall  file  with  the  con- 
stable a  statement  duly  verified  under  oath,  wherein  such  defendant 
shall  aver  and  declare  that  the  other  defendant  or  defendants  in  the 
action  in  which  said  undertaking  was  given  has  or  have  not  any 
interest  or  claim  of  any  nature  whatsoever  in  or  to  said  property. 
Such  statement  must  further  contain  the  character  of  such  defend- 
ant's title  and  the  manner  in  which  he  acquired  title  to  such  attached 
property.  • 

Service  otrT  of  subdivision. — A  writ  may  be  issued  at  the  same 
time  to  the  constable  of  the  other  subdivision. 

Cboss-Reference 
Contents  of  writ  generally,  see  section  354  of  this  title. 

744.  Certain  provisions  apply  to  all  attachments  in  magistrates' 
courts. — Section  168  and  sections  355  to  374  of  this  title  are  appH- 
cable  to  attachments  issued  in  magistrates'  courts,  the  Avord  "  con- 


488 


TEE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  762 


stable  "  being  substituted  for  the  word  "  marshal  ",  and  the  word 
"  magistrate  "  being  substituted  for  the  word  "  judge." 

Cboss-Reference 

Property  attachable,  see  section  355  of  this  title. 

C.    CLAIM  AND  DELTVEET  OF  PERSONAL,  PROPERTY 

751.  How  claim  and  delivery  enforced. — In  an  action  to  recover 
possession  of  jDersonal  property,  the  plaintiff  may,  at  the  time  of 
issuing  summons  or  at  any  time  thereafter  before  answer,  claim  the 
deliver}''  of  such  property  to  him;  and  sections  322  to  333  of  this 
title  are  applic^le  to  such  claim  when  made  in  magistrates'  courts, 
the  powers  therein  given  and  duties  imposed  on  the  marshal  being 
extended  to  constables,  and  the  word  "  magistrate  "  substituted  for 
"  judge." 

Cross-Refekence 

Claim  and  delivery  of  personalty  in  district  court,  see  sections  321  to  333  of 
this  title. 


ARTICLE  5— JUDGMENT  BY  DEFAULT  IN  MAGISTRATES'  COURTS 


Sec. 
761. 


Judgment  when  defendant  fails  to 
pear. 


ap- 


Sec. 

762.  Judgment  by  default. 


761.  Judgment  when  defendant  fails  to  appear. — If  the  defend- 
ant fails  to  appear  and  to  answer  or  demur  within  the  time  specified 
in  the  summons,  then,  upon  proof  of  service  of  summons,  the  follow- 
ing proceedings  must  be  had — 

1.  If  the  action  is  based  upon  a  contract,  and  is  for  the  recovery 
of  money,  or  damages  only,  the  court  must  render  judgment  in  favor 
of  plaintiff  for  the  sum  specified  in  the  summons. 

2.  In  all  other  actions  the  court  must  hear  the  evidence  offered  by 
the  plaintiff,  and  must  render  judgment  in  his  favor  for  such  sum 
(not  exceeding  the  amount  stated  in  the  summons),  as  appears  by 
such  evidence  to  be  just. 

Ceoss-Refeeence 
Default  judgment,  generally,  see  section  421  of  this  title. 

762.  Judgment  by  default. — In  the  following  cases  the  same  pro- 
ceedings must  be  had  and  judgment  must  be  rendered  in  like  manner 
as  if  the  defendant  had  failed  to  appear  and  answer,  or  demur — 

1.  If  the  complaint  has  been  amended,  and  the  defendant  fails  to 
answer  it,  as  amended,  within  the  time  allowed  by  the  court; 

2.  If  the  demurrer  to  the  complaint  is  overruled,  and  the  defend- 
ant fails  to  answer  within  the  time  allowed  by  the  court,  not  to 
exceed  five  days; 

3.  If  the  demurrer  to  the  answer  is  sustained  and  the  defendant 
fails  to  amend  the  answer  within  the  time  allowed  by  the  court. 


439 


T.  4,  §  771] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  6. 


-TIME  OF  TRIAL  AND  POSTPONEMENTS  IN  MAGISTRATES' 
COURTS 


Sec. 

771.  Time  when  trial  must  be  commenced. 

772.  When   court   may,   of  its   own   motion, 

postpone  trial. 

773.  Postponement  by  consent. 

774.  Postponement    upon    application    of    a 

party. 


Sec. 


No  continuance  for  more  than  ten 
days  to  be  granted,  unless  upon  fil- 
ing of  undertaking. 


771.  Time  when  trial  must  be  commenced. — Unless  postponed,  as 
provided  in  this  article,  or  unless  transferred  to  the  other  subdivi- 
sion, the  trial  of  the  action  must  commence  at  the  expiration  of  one 
hour  from  the  time  specified  in  the  notice  mentioned  in  section  702  of 
this  title,  and  the  trial  must  be  continued,  without  adjournment  for 
more  than  twenty-four  hours  at  any  one  time,  until  all  the  issues 
therein  are  disposed  of. 

772.  When  court  may,  of  its  own  motion,  postpone  trial. — The 

court  may,  of  its  own  motion,  postpone  the  trial — 

1.  For  not  exceeding  one  day,  if,  at  the  time  fixed  by  law  or  by 
an  order  of  the  court  for  the  trial,  the  court  is  engaged  in  the  trial 
of  another  action ; 

2.  For  not  exceeding  two  days,  if,  by  an  amendment  of  the  plead- 
ings, or  the  allowance  of  time  to  make  such  amendment  or  to  plead, 
a  postponement  is  rendered  necessary. 

Ceoss-Refebence 
Amendment  of  pleadings,  see  sections  719  and  720  of  this  title. 

773.  Postponement  by  consent. — The  court  may,  by  consent  of 
the  parties,  given  in  writing  or  in  open  court,  postpone  the  trial  to  a 
time  agreed  upon  by  the  parties. 

774.  Postponement  upon  application  of  a  party. — The  trial  may 
be  postponed  upon  the  application  of  cither  party,  for  a  period  not 
exceeding  four  months — 

1.  The  party  making  the  application  must  prove,  by  his  own  oath 
or  otherwise,  that  he  cannot,  for  want  of  material  testimony,  which 
he  expects  to  procure,  safely  proceed  to  trial,  and  must  show"  in  what 
respect  the  testimony  expected  is  material,  and  that  he  has  used  due 
diligence  to  procure  it  and  has  been  unable  to  do  so ; 

2.  If  the  application  is  on  the  part  of  the  plaintiff,  and  the  defend- 
ant is  under  arrest,  a  postponement  for  more  than  three  hours  dis- 
charges the  defendant  from  custody,  but  the  action  may  proceed  not- 
withstanding, and  the  defendant  is  subject  to  arrest  on  execution,  in 
the  same  manner  as  if  he  had  not  been  discharged ; 

3.  If  the  application  is  on  the  part  of  a  defendant  under  arrest, 
before  it  can  be  granted  he  must  execute  an  undertaking,  with  two 
or  more  sufficient  sureties,  to  be  approved  by,  and  in  a  sum  to  be 
fixed  by,  the  magistrate,  to  the  effect  that  he  will  render  himself 
amenable  to  the  process  of  the  court  during  the  pendency  of  the 
action,  and  to  such  as  may  be  issued  to  enforce  the  judgment  therein; 
or  that  the  sureties  will  pay  to  the  plaintiff  the  amount  of  any  judg- 
ment which  he  may  recover  in  the  action,  not  exceeding  the  amount 
specified  in  the  undertaking.     On  filing  the  undertaking  specified  in 


440 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  783 


this  subdivision,  the  magistrate  must  order  the  defendant  to  be 
discharged  from  custody. 

4.  The  party  making  the  application  must,  if  required  by  the 
adverse  party,  consent  that  the  testimony  of  any  witness  of  such 
adverse  party,  who  is  in  attendance,  may  be  then  taken  by  deposition 
before  the  magistrate,  and  that  the  testimony  so  taken  may  be  read 
on  the  trial,  with  the  same  effect,  and  subject  to  the  same  objections, 
as  if  the  witness  was  produced; 

But  the  court  may  require  the  party  making  the  application  to 
state,  upon  affidavit,  the  evidence  which  he  expects  to  obtain;  and 
if  the  adverse  party  thereupon  admits  that  such  evidence  would  be 
given,  and  that  it  be  considered  as  actually  given  on  the  trial,  or 
offered  and  overruled  as  improjjer,  the  trial  must  not  be  postponed. 

Cross-References 

Postponement,  generally,  see  section  438  of  this  title. 
Costs  on  postponement,  see  section  1008  of  this  title. 

775.  No  continuance  for  more  than  ten  days  to  be  granted, 
unless  upon  filing  of  undertaking. — No  adjournment  must,  unless 
by  consent,  be  granted  for  a  period  longer  than  ten  days,  upon  the 
application  of  either  party,  except  upon  condition  that  such  party 
file  an  undertaiking,  in  an  amount  fixed  by  the  magistrate,  with 
two  sureties,  to  be  approved  by  the  magistrate,  to  the  effect  that 
they  will  pay  to  the  opposite  party  the  amount  of  any  judgment 
which  may  be  recovered  against  the  party  applying,  not  exceeding 
the  sum  specified  in  the  undertaking. 

ARTICLE  7.— TRIALS  IN  MAGISTRATES'  COURTS 


Spc. 

781.  Issue  defined,  and  tho  different  kinds. 

782.  Issue  of  law.  how  raised. 

783.  Issue  of  fact,   how  raised. 

784.  Issues,  Low  tried. 

785.  Eitlier    party    failing    to   appear,    trial 

ma.v    proceed    at    request    of    otlier 
party. 


Sec. 

786.  Requiring    exliibition    of    original    in- 

strument. 

787.  Complaint,  when  accompanying  instru- 

ment deemed  genuine. 


781.  Issue  defined,  and  the  different  kinds. — Issues  arise  upon  the 
pleadings  when  a  fact  or  conclusion  of  law  is  maintained  by  the  one 
party  and  is  controverted  by  the  other.     They  are  of  two  kinds — 

1.  Of  law;  and 

2.  Of  fact. 

Ceoss-Reference 

Issues,  generally,  see  sections  431  to  433  of  this  title. 

782.  Issue  of  law,  how  raised. — An  issue  of  law  arises  upon  a  de- 
murrer to  the  complaint  or  answer,  or  to  some  part  thereof. 

Cross-Reference 
Identical  section,  see  section  432  of  this  title. 

783.  Issue  of  fact,  how  raised. — An  issue  of  fact  arises — 

1.  Upon  a  material  allegation  in  the  complaint  controverted  by 
the  answer;  and 


93083—34 29 


441 


T.  4,  §  784] 


THE  CODE  OF  CIVIL  PROCEDURE 


2.  Upon  new  matter  in  the  answer,  except  an  issue  of  law  is  joined 
thereon. 

Cross-Refebb:nce 

Identical  section,  see  section  433  of  this  title. 

784.  Issues,  how  tried. — Issues,  both  of  law  and  of  fact,  must  be 
tried  by  the  court. 

CBOSS-RElTCKENt  K 

Similar  section,  see  section  434  of  this  title. 

785.  Either  party  failing  to  appear,  trial  may  proceed  at  request 
of  other  party. — If  either  party  fails  to  appear  at  the  time  fixed  for 
trial,  the  trial  may  proceed  at  the  request  of  the  adverse  party, 

Ceoss-Reference 
For  the  purpose  of  comparison,  see  section  437  of  this  title. 

786.  Requiring  exhibition  of  original  instrument. — When  the 

cause  of  action  or  counterclaim  arises  upon  an  account  or  instru- 
ment for  the  pajnnent  of  money  only,  the  court,  at  any  time  before 
the  trial,  may,  by  an  order  under  his  hand,  require  the  original  to  be 
exhibited  to  the  inspection  of,  and  a  copy  to  be  furnished  to,  the 
adverse  party,  at  such  time  as  may  be  fixed  in  the  order;  or,  if 
such  order  is  not  obeyed,  the  account  or  instrument  cannot  be  given 
in  evidence. 

Ceoss-References 

Order  for  inspection,  see  section  921  of  this  title. 

Delivering  copy  of  account,  see  section  253  of  this  title. 

Pleading  of  written  instrument,  see  seclions  242  to  244  of  this  title. 

787.  Complaint,  when  accompanying  instrument  deemed  genu- 
ine.'— If  the  complaint  of  the  plaintiff,  or  the  answer  of  the  defendant, 
contains  a  copy,  or  consists  of  the  original  of  the  written  obligation 
upon  which  the  action  is  brought  or  the  defense  founded,  the  gen- 
uineness and  due  execution  of  such  instrument  are  deemed  admitted, 
unless  the  answer  denying  the  same  is  verified,  or  unless  the  plaintiff, 
within  two  clays  after  the  service  on  him  of  such  answer,  hies  with 
the  magistrate  an  affidavit  denying  the  same,  and  serves  a  copy 
thereof  on  the  defendant. 

Cross-Reference 
For  purpose  of  comparison,  see  sections  242,  243,  and  713  of  this  title. 


ARTICLE    8. 


-JUDGMENTS,    OTHEIl    THAN    BY    DEFAULT,    IN 
MAGISTRATES'    COUllTS 


Sec. 

797.  Offer  to  compromise  before  trial. 

798.  Costs    must    be    inchiclcd    in    tbe   judg- 

ment. 

799.  Abstract   of   Judgment. 

800.  Correction     of     clerical     mistakes     In 

Judgment. 


Sec. 

791.  Judgment  by  confession. 

792.  Judgment  of  dismissal  entered  in  cer- 

t:iin  cases  witbout  prejudice. 
79.3.   Entry    of    judgment    of    dismissal. 
794.   Entry   of   judgment    in    thirty   days. 
79.5.   Form  of  magistrate's  judgment ;  notice. 
796.  If    tbe    sum    found    due    exceeds    the 

jurisdiction   of    the   mngistrate,    tbe 

excess  may  be  remitted. 

791.  Judgment  by  confession. — Judgments  upon  confession  may 
be  entered  up  in  either  magistrate's  court  specified  in  the  confession. 

Cross-Reference 
Coufession  of  judgment,  generally,  see  sections  1101  to  1104  of  this  title. 


442 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  79G 

792.  Judgment  of  dismissal  entered  in  certain  cases  without 
prejudice. — Judgment  that  the  action  be  dismissed,  without  preju- 
dice to  a  new  action,  may  be  entered  with  costs,  in  the  following 
cases : 

1.  "VVlien  the  plaintiff  voluntarily  dismisses  the  action  before  it  is 
finally  submitted;  or  fails  to  prosecute  the  action  to  judgment  with 
reasonable  diligence;  provided  a  counterclaim  has  not  been  made, 
or  affirmative  relief  sought  by  the  cross-complaint  or  answer  of  the 
defendant;  if  a  provisional  remed}^  has  been  allowed,  the  undertak- 
ing must  thereupon  be  delivered  by  the  magistrate  to  the  defendant 
who  may  have  his  action  thereon ; 

2.  When  he  fails  to  appear  at  the  time  specified  in  the  summons, 
or  at  the  time  to  which  the  action  has  been  postponed,  or  within  one 
hour  thereafter ; 

3.  When,  after  a  demurrer  to  the  complaint  has  been  sustained, 
the  plaintiff  fails  to  amend  it  within  the  time  allowed  by  the  court; 

4.  When  the  action  is  brought  in  the  wrong  subdivision. 

Cross-Referencb 
For  purpose  of  comparison,  see  section  415  of  this  title. 

793.  Entry  of  judgment  of  dismissal. — Judgment  of  dismissal 
must  be  entered  whenever  the  plaintiff  fails  to  bring  the  action  to 
trial  within  two  years  after  the  case  is  brought  to  an  issue  of  law 
or  fact,  except  where  the  parties  have  stipulated  in  writing  that  the 
time  may  be  extended. 

794.  Entry  of  judgment  in  thirty  days. — Judgment  must  be  en- 
tered within  thirty  days  after  the  submission  of  the  case  to  the  court. 

795.  Form  of  magistrate's  judgment;  notice. — The  judgment  of 
a  magistrate  must  be  entered  substantially  in  the  form  required  in 
section  544  of  this  title,  and  where  the  defendant  is  subject  to  arrest 
and  imprisonment  thereon  the  fact  must  be  stated  in  the  judgment. 
No  judgment  shall  have  effect  for  any  purpose  until  so  entered. 

Notice  of  the  rendition  of  judgment  must  be  given  to  the  parties 
to  the  action  in  writing  signed  by  the  magistrate.  Where  any  of  the 
parties  are  represented  by  an  attorney,  notice  shall  be  given  to  the 
attorney.  Said  notice  shall  be  served  by  mail  or  personally,  and 
shall  be  substantially  in  the  form  of  the  abstract  of  judgment  re- 
quired in  section  799  of  this  title.  Wlien  served  by  mail  the  magis- 
trate shall  deposit  copies  thereof  in  a  sealed  envelope  in  the  post 
office  not  later  than  five  days  after  the  rendition  of  the  judgment, 
addressed  to  each  of  the  persons  on  whom  notice  is  to  be  served  at 
his  place  of  residence,  or  place  of  business  if  on  an  attorney.  When 
served  personally  said  notice  shall  be  served  within  five  days  after 
the  rendition  of  the  judgment.  Entry  of  the  date  of  mailing  shall  be 
made  by  the  magistrate  in  his  docket. 

Ckoss-Reterence 

Arrest  and  bail,  see  sections  731  to  735  of  this  title. 

796.  If  the  sum  found  due  exceeds  the  jurisdiction  of  the  mag- 
istrate, the  excess  may  be  remitted. — Wlien  the  amount  found  due 

443 


T.  4,  §  797] 


THE  CODE  OF  CIVIL  PROCEDURE 


to  either  party  exceeds  the  sum  for  which  the  magistrate  is  author- 
ized to  enter  judgment,  such  party  may  remit  the  excess,  and  judg- 
ment ma}^  be  rendered  for  the  residue. 

Cross-Reference 
Limit,  $500,  see  title  7,  section  2. 

797.  Offer  to  compromise  before  trial. — If  the  defendant,  at  any 
time  before  the  trial,  offers,  in  writing,  to  allow  judgment  to  be 
taken  against  him  for  a  specified  sum,  the  plaintiff  may  immediately 
have  judgment  therefor,  with  the  costs  then  accrued;  but  if  he  does 
not  accept  such  offer  before  the  trial,  and  fails  to  recover  in  the 
action  a  sum  in  excess  of  the  offer,  he  cannot  recover  costs  incurred 
after  the  offer,  but  costs  must  be  adjudged  against  him,  and,  if  he 
recovers,  be  deducted  from  his  recovery.  The  offer  and  failure  to 
accept  it  cannot  be  given  in  evidence  nor  affect  the  recovery,  otherwise 
than  as  to  costs. 

Cboss-IIkference 
OlTer  to  compromise  generally,  see  sections  911  and  2154  of  this  title. 

798.  Costs  must  be  included  in  the  judgment. — The  magistrate 
must  tax  and  include  in  the  judgment  the  costs  allowed  by  law  to 
the  prevailing  party. 

Cuoss-Rmfekence 
Costs,  see  sections  1006  and  1007  of  this  title. 

799.  Abstract  of  judgment. — The  magistrate,  on  the  demand  of  a 
party  in  whose  favor  judgment  is  rendered,  nuist  give  him  an  ab- 
stract of  the  judgment  in  substantially  the  following  form  (filling 
blanks  according  to  the  facts)  : 

Canal  Zone,  Magistrate's  Court,  Subdivision  of , , 

plaintiff,  v. ,  defendant.     Judgment  entered  for  plain- 
tiff (or  defendant)  for  $ ,  on  the da}?^  of  • . 

I  certify  that  the  foregoing  is  a  correct  abstract  of  a  judgment", 
rendered  in  said  action  in  this  court. 

,  Magistrate. 

Date  of  abstract . 

800.  Correction  of  clerical  mistakes  in  judgment. — The  magis- 
trate shall  have  power  upon  motion  of  the  injured  partj^  and  notice 
to  the  adverse  party  to  correct  any  clerical  mistakes  in  his  judgment 
as  entered,  so  as  to  conform  to  the  judgment  ordered.  Said  magis- 
trate shall  have  power  to  set  aside  any  void  judgment  u})()n  mo- 
tion of  either  party  to  the  action  after  notice  to  the  adverse  party, 
and  thereupon  said  action  shall  be  treated  as  if  no  judgment  liad 
been  entered. 

ARTICLE  9.— EXECUTIONS  FROM  MAGISTRATES'  COURTS 


Sec. 

811.  E-iieciitioii  may  issue  at  any  time  within 

five  years. 

812.  Stay  of  oxi'cutinn  of  judgment. 
81-').   Contents    of    rxi'cution. 

811.  Execution  may  issue  at  any  time  within  five  years. — Exe- 
cution for  the  enforcement  of  a  judgment  of  a  magistrate's  court 


See. 

814.  Renewal  of  execution. 

815.  Duty  of  officer  re<(>iving  execution. 

816.  I'roceedings    supplementary    to    execu- 

tion. 


444 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  81G 

may  be  issued  by  the  magistrate  who  entered  the  judgment,  or  his 
successor  in  office,  on  the  application  of  the  party  entitled  thereto,  at 
any  time  within  five  years  from  the  entry  of  judgment. 

Cross-references 

After  five  years,  generally,  see  section  586  of  this  title. 
Execution  generally,  see  sections  581  et  soq.,  of  this  title. 

812.  Stay  of  execution  of  judgment. — The  court,  or  the  magis- 
trate thereof,  may  stay  the  execution  of  any  judgment,  including 
any  judgment  in  a  case  of  forcible  entry  or  unlawful  detainer,  for  a 
period  not  exceeding  ten  days. 

Ceoss-Retekence 
Execution  in  forcible  entry  and  detainer,  see  section  1154  of  this  title. 

813.  Contents  of  execution. — The  execution  must  be  directed  to 

the  constable,  and  must  be  subscribed  by  the  magistrate  and  bear 
date  the  day  of  its  delivery  to  the  officer.  It  must  intelligibly  refer 
to  the  judgment,  by  stating  the  names  of  the  parties,  and  the  name 
of  the  magistrate  before  whom,  and  of  the  subdivision  where,  and  the 
time  when  it  was  rendered;  the  amount  of  judgment,  if  it  be  for 
money;  and,  if  less  than  the  whole  is  due,  the  true  amount  due 
thereon.  It  must  contain,  in  iike  cases,  similar  directions  to  the 
constoble,  as  are  required  by  the  provisions  of  chapter  12  of  this 
title,  in  an  execution  to  the  marshal. 

Cross-Refeeences 

Compare  sections  581  et  seq.,  of  this  title. 

For  chapter  12,  see  sections  581  et  seq.,  of  this  title. 

814.  Renewal  of  execution. — An  execution  may,  at  the  request  of 
the  judgment  creditor,  be  renewed  before  the  expiration  of  the  time 
fixed  for  its  return,  by  the  word  "  renewed  "  written  thereon,  with 
the  date  thereof,  and  subscribed  by  the  magistrate.  Such  renewal 
has  the  effect  of  an  original  issue,  and  may  be  repeated  as  often  as 
necessary.  If  an  execution  is  returned  unsatisfied,  another  may  be 
afterwards  issued. 

815.  Duty  of  officer  receiving  execution. — The  constable  to  whom 

the  execution  is  directed  must  execute  the  same  in  the  same  manner 
as  the  marshal  is  required  by  the  provisions  of  chapter  12  of  this 
title,  to  proceed  upon  executions  directed  to  him;  and  the  constable, 
when  the  execution  is  directed  to  him,  is  vested  for  that  purpose  with 
all  the  powers  of  the  marshal. 

Cross-Retekence 
Execution  of  writ,  compare  sections  591  et  seq,,  of  this  title. 

816.  Proceedings  supplementary  to  execution. — Sections  621  to 
628  of  this  title  are  applicable  to  magistrates'  courts,  the  word  "  con- 
stable "  being  substituted,  to  that  end,  for  the  word  "  marshal ",  and 
the  word  "magistrate"  for  "judge."  If  the  judgment  debtor  does 
not  reside  in  the  subdivision  wherein  the  judgment  was  entered,  an 
abstract  of  the  judgment,  in  the  form  prescribed  by  section  799  of 

445 


T.  4,  §  821] 


THE  CODE  OF  CIVIL  PROCEDURE 


this  title,  may  be  filed  in  the  office  of  the  magistrate  of  the  subdi- 
vision wherein  the  defendant  resides,  and  such  magistrate  may  issue 
execution  on  such  judgment,  and  may  take  and  exercise  such  juris- 
diction in  proceedings  supplemental  to  execution,  as  if  such  judgment 
were  originally  entered  in  his  court. 

CKOSS-REaFEEENCE 

Proceedings  supplementary  to  execution,  see  sections  G21  to  628  of  this  title. 
ARTICLE  10.— CONTEMPTS  IN  MAGISTRATES'  COURTS 

821,  What   sections   govern   contempts. — Contempts   in   magis- 
trates' courts  are  governed  by  sections  1161  to  1174  of  this  title. 

ARTICLE  11.— DOCKETS  OF  MAGISTRATES 


Sec. 

831.  Docket,  what  to  contain. 

832.  Entries    tliorein    prima    facie    evidence 

of   the   fact. 


Sec. 

833.  An  index  to  the  doclcet  must  be  kept. 

834.  Dockets    must   be   delivered    by    magis- 

trate to  his  successor. 


831.  Docket,  what  to  contain. — Each   magistrate  must  keep   a 

book,  denominated  a  "  docket  ",  in  which  he  must  enter : 

1.  The  title  of  every  action  or  proceeding. 

2.  The  object  of  the  action  or  proceeding;  and  if  a  sum  of  money 
be  claimed,  the  amount  thereof. 

3.  The  date  of  the  summons,  and  the  time  of  its  return ;  and  if  an 
order  to  arrest  the  defendant  be  made,  or  a  writ  of  attachment  be 
issued,  a  statement  of  the  fact. 

4.  The  time  when  the  parties,  or  either  of  them,  appear,  or  their 
nonappearance,  if  default  be  made;  a  minute  of  the  pleadings  and 
motions ;  if  in  writing,  referring  to  them ;  if  not  in  writing,  a  con- 
cise statement  of  the  material  parts  of  the  pleading. 

5.  Every  adjournment,  stating  on  whose  application  and  to  what 
time. 

6.  The  judgment  of  the  court,  specifying  the  costs  included  and 
the  time  when  rendered. 

7.  The  issuing  of  the  execution,  when  issued  and  to  whom;  the 
renewals  thereof,  if  any,  and  when  made,  and  a  statement  of  any 
money  paid  to  the  magistrate,  when  and  by  whom. 

8.  The  receipt  of  a  notice  of  appeal,  if  any  be  given,  and  of  the 
appeal  bond. 

832.  Entries  therein  prima  facie  evidence  of  the  fact. — The  sev- 
eral particulars  of  the  last  section  specified  nmst  be  entered  under 
the  title  of  the  action  to  which  they  relate,  and  (unless  otherwise  in 
this  chapter  provided)  at  the  time  when  they  occur.  Such  entries 
in  a  magistrate's  docket,  or  a  transcript  thereof,  certified  by  the 
magistrate,  or  his  successor  in  office,  are  prima  facie  evidence  of  the 
facts  so  stated. 

Ceoss-Refejibn  ce 

Prima  facie  evidence,  see  section  1851  of  this  title. 

833.  An  index  to  the  docket  must  be  kept. — A  magistrate  must 
keep  an  alphabetical  index  to  his  docket,  in  which  must  be  entered 
the  names  of  the  parties  to  each  judgment,  with  a  reference  to  the 


440 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  846 

page  of  entry.  The  names  of  the  plaintiffs  must  be  entered  in  the 
index,  in  the  alphabetical  order  of  the  first  letter  of  Uic  family  name. 

834.  Dockets  must  be  delivered  by  magistrate  to  his  successor. — 

Every  magistrate,  upon  the  expiration  of  his  tenn  of  office,  must 
deposit  with  his  successor  his  official  dockets  and  ail  papers  filed  in 
his  office,  as  ^Yell  his  own  as  those  of  his  predecessors,  or  any  other 
which  may  be  in  his  custody  to  be  kept  as  public  records. 

ARTICLE    12.— GENERAL    PROVISIONS    RELA'i  ING    TO    MAGISTRATES' 

COURTS 

Sec.  I  Sec. 

841.  Magistrates    may  issue    subpenas    jv  ■'    i   844.   In    case    of    disability    of    magistrate, 
final  process  to  any  part  of  the  su  ■  other  magistrate  may  attend  on  his 


division. 

S42.  Blanks  must  be  filled  in  all  papers  is- 
sued by  a  magistrate,  except  sub- 
penas. 

843.  Magistrates  to  receive  all  moneys  col- 
lected and  pay  the  same  to  parties. 


behalf. 
845.  Magistrates   may   require   security   for 

costs. 
S46.  Deposit  in   lieu  of  undertaking. 
847.   What  provisions  of  title  applicable  to 

magistrates'  courts. 


841.  Magistrates  may  issue  subpenas  and  final  process  to  any 
part  of  the  subdivision. — Magistrates  may  issue  subpenas  in  any 
action  or  proceeding  in  the  courts  held  by  them,  and  final  process 
on  any  judgment  recovered  therein,  to  any  part  of  the  subdivision, 

842.  Blanks  must  be  filled  in  all  papers  issued  by  a  magistrate, 
except  subpenas. — The  summons,  execution,  and  every  other  paper 
made  or  issued  by  a  magistrate,  except  a  subpena,  must  be  issued 
without  a  blank  left  to  be  filled  by  another,  otherwise  it  is  void. 

843.  Magistrates  to  receive  all  moneys  collected  and  pay  the 
same  to  parties. — Magistrates  must  receive  from  the  constal)les.  all 
moneys  collected  on  any  process  or  order  issued  from  their  courts 
respectively,  and  must  pay  the  same,  and  all  moneys  paid  to  them  in 
their  official  capacity,  over  to  the  parties  entitled  or  authorized  to 
receive  them,  without  delay. 

844.  In  case  of  disability  of  magistrate,  other  magistrate  may 
attend  on  his  behalf. — In  case  of  the  sickness  or  other  disability  or 
necessary  absence  of  a  magistinte,  the  other  magistrate  ma,y,  at  his 
request,  attend  in  his  behalf,  and  thereupon  is  vested  with  the  power 
and  may  perform  all  the  duties  and  issue  all  the  papers  or  process 
of  the  absent  magistrate.  In  case  of  a  trial  the  proper  entry  of  the 
proceedings  before  the  attending  niimistrate,  subscribed  by  him,  must 
be  made  in  the  docket  of  the  magistrate  before  whom  the  summons 
was  returnable.  If  the  case  is  adjourned,  the  magistrate  before 
whom  the  summons  was  returnable  may  resume  jurisdiction. 

845.  Magistrates  may  require  security  for  costs. — Magistrates 
.  may  in  all  cases  require  a  deposit  of  money  or  an  undertaking,  as 

security  for  costs  of  court,  before  issuing  a  summons. 

Ceoss-Refeeence 

Prepayment  of  fees,  see  section  982  of  this  title. 

846.  Deposit  in  lieu  of  undertaking. — In  all  civil  caRe=;  arising  in 
magistrates'  courts,  wherein  an  undertaking  is  required  as  prescribed 

fin  this  title,  the  plaintiff  or  defendant  may  deposit  with  said  magis- 

447 


T.  4,  §  847] 


THE  CODE  OF  CIVIL  PROCEDURE 


trate  a  sum  of  money  in  United  States  currency  equal  to  the  amount 
required  by  the  said  undertaking,  which  said  sum  of  money  shall 
be  taken  as  security  in  place  of  said  undertaking. 

847.  What  provisions  of  title  applicable  to  magistrates'  courts. — 

Magistrates'  courts  being  courts  of  limited  jurisdiction,  only  those 
provisions  of  this  title  which  are,  in  their  nature,  applicable  to  the 
organization,  powers,  and  course  of  proceedings  in  magistrates' 
courts,  or  Avhich  have  been  made  applicable  by  special  provisions  in 
this  chapter,  are  applicable  to  magistrates'  courts  and  the  proceedings 
therein. 


CHAPTER  15.— APPEALS  IN  CIVIL  ACTIONS 


Sec. 


Review  by  judge  of  orders  made 
out  of  court 


Art. 


861 


Sec.  Art. 
L*.  Appeals  to  United   States  Circuit 

Court  of  Appeals 871 

;!.  Appeals  to  district  court 881 


ARTICLE  1.— REVIEW  BY  JUDGE  OF  ORDERS  MADE  OUT  OF  COURT 

Section  861.  Orders  made  out  of  court,  without  notice,  may  be 
reviewed  by  the  judge. — An  order  made  out  of  court,  without  notice 

to  the  adverse  party,  may  be  vacated  or  modified,  without  notice,  by 
the  judge  who  made  it;  or  may  be  vacated  or  moditiecl  on  notice,  in 
the  manner  in  which  other  motions  are  made. 

Ceoss-Reference 

Orders  generally,  see  sectious  931  et  seq.,  of  this  title. 


ARTICLE  2. 


-APPEALS  TO  UNITED  STATES  CIRCUIT  COURT  OF 
APPEALS 


871.  Appeals  to  circuit  court  of  appeals,  how  governed. — Ap- 
peals from  the  district  court  to  the  United  States  Circuit  Court  of 
Appeals  for  the  Fifth  Circuit  are  governed  by  sections  61  and  62  of 
title  7. 

Cro.ss-Reference 

Time  for  making  application  for  appeal,  see  U.S.  Code,  title  28,  section  230 
(appendix,  p.  983). 

ARTICLE  8.— APPEALS  TO  DISTRICT  COURT 


Sec. 

881.  AppoaLs  to  district   court. 

882.  Appeal  on  question  of  law. 

883.  Appeal    on   questions   of   fact,   or   law 

and  fact. 

884.  Transmission     of     papers     to    district 

court. 

885.  Undertaking  on  appeal. 

886.  Filing;    of    undertaking ;    exception    to 

and   justification   of  sureties. 


Sec. 

887.  Stay    of    proceedings    on    filing    under- 

taking. 

888.  Powers  of  district  court  on  appeal. 
S89.  No  appeal  effective  unless  fees  for  fil- 
ing are  paid. 

890.  Dismissal  of  appeals  from  magistrafe'R 

court    wlicre    not    brought    to    trial 
within  one  year. 

891.  Papers  returned  on  dismissal  of  appeal. 


881.  Appeals  to  district  court. — Any  party  dissatisfied  with  the 

judgment  rendered  in  a  civil  action  in  a  magistrate's  court,  may 
appeal  therefrom  to  the  district  court,  at  any  time  within  thirty 
days  after  notice  of  the  rendition  of  the  judgment.  The  appeal  is 
taken  by  filing  a  notice  of  appeal  with  the  magistrate,  and  serving 
a  copy  on  the  adverse  part3^  The  notice  must  state  whether  the 
appeal  is  taken  from  the  whole  or  a  part  of  the  judgment,  and  if 


448 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  885 

from  a  part,  what  part,  and  whether  the  appeal  is  taken  on  questions 
of  law  or  fact  or  both. 

Ceoss-Reifekenoes 

Service  of  notice  of  appeal  on  adverse  party,  see  sections  941  et  seq.,  of  this 
title. 
Jurisdiction  of  district  court  over  appeals,  see  title  7,  section  23. 

882.  Appeal  on  question  of  law. — When  a  party  appeals  to  the 
district  court  on  a  question  of  law  alone,  he  must,  within  ten  days 
after  notice  of  the  rendition  of  judgment,  prepare  a  statement  of 
the  case  and  file  the  same  with  the  magistrate.  The  statement  must 
contain  the  grounds  upon  which  the  party  intends  to  rely  upon  the 
appeal,  and  so  much  of  the  evidence,  as  may  be  necessary  to  explain 
the  grounds,  and  no  more.  Within  ten  days  after  receiving  notice 
that  the  statement  is  filed,  the  adverse  party,  if  dissatisfied  with 
the  same,  may  file  amendments.  The  proposed  statement  and  amend- 
ments must  be  settled  by  the  magistrate,  and  if  no  amendment  be 
filed  the  original  statements  stand  as  adopted.  The  statement  thus 
adopted  or  as  settled  by  the  magistrate,  with  a  copy  of  the  docket 
of  the  magistrate,  and  all  motions  filed  with  him  by  the  parties, 
during  the  trial  and  the  notice  of  appeal,  may  be  used  on  the  hearing 
of  the  appeal  before  the  district  court. 

883.  Appeal  on  questions  of  fact,  or  law  and  fact. — When  a  party 
appeals  to  the  district  court  on  questions  of  fact,  or  on  questions 
of  both  law  and  fact,  no  statement  need  be  made,  but  the  action 
must  be  tried  anew  in  the  district  court. 

Cboss-Refeeence 

Conduct  of  trial,  see  section  888  of  this  title. 

884.  Transmission  of  papers  to  district  court. — Upon  receiving 
the  notice  of  appeal,  and  on  payment  of  the  fees  of  the  magistrate, 
payable  on  appeal  and  not  included  in  the  judgment,  and  filing  an 
undertaking  as  required  in  the  section  next  following,  and  after 
settlement  or  adoption  of  statement,  if  any,  the  magistrate  must, 
within  five  days,  transmit  to  the  clerk  of  the  district  court,  if  the 
appeal  be  on  questions  of  law  alone,  a  certified  copy  of  his  docket, 
the  statement  as  admitted  or  as  settled,  the  notice  of  appeal,  and 
the  undertaking  filed;  or,  if  the  appeal  be  on  questions  of  fact,  or 
both  law  and  fact,  a  certified  copy  of  his  docket,  the  pleadings,  all 
notices,  motions,  and  all  other  papers  filed  in  the  cause,  the  notice 
of  appeal,  and  the  undertaking  filed;  and  the  magistrate  may  be 

■  compelled  by  the  district  court,  by  an  order  entered  upon  motion,  to 
*  transmit  such  papers,  and  may  be  fined  for  neglect  or  refusal  to 
■'  transmit  the  same.  A  certified  copy  of  such  order  may  be  served 
^  on  the  magistrate  by  the  party  or  his  attorney.  In  the  district 
.  court,  either  party  may  have  the  benefit  of  all  legal  objections  made 
'  in  the  magistrate's  court. 

Ife  885.  Undertaking  on  appeal. — An  appeal  from  a  magistrate's 
.  court  is  not  effectual  for  any  purpose,  unless  an  undertaking  be 
3  filed  with  two  or  more  sureties  in  the  sum  of  $25  for  the  payment 

449 


T.4,  §886]  THE  CODE  OF  CIVIL  PROCEDURE 

of  the  costs  on  the  appeal,  or,  if  a  stay  of  proceedings  be  claimed, 
in  the  sum  of  $25  plus  a  sum  equal  to  the  amount  of  the  judgment, 
including  costs,  when  the  judgment  is  for  the  payment  of  money; 
or  plus  twice  the  value  of  the  property  including  costs,  Avhen  the 
judgment  is  for  the  recovery  of  specific  personal  property;  and 
must  be  conditioned,  when  the  action  is  for  the  recovery  of  money, 
that  the  appellant  will  pay  the  amount  of  the  judgment  appealed 
from,  and  all  costs,  if  the  appeal  be  withdrawn  or  dismissed,  or  the 
amount  of  any  judgment  and  all  costs  that  may  be  recovered 
against  him  in  the  action  in  the  district  court. 

When  the  action  is  for  the  recovery  of  or  to  enforce  or  foreclose 
a  lien  on  specific  personal  property,  the  undertaking  must  be  condi- 
tioned that  the  appellant  will  pay  the  judgment  and  costs  appealed 
from,  and  obey  the  order  of  the  court  made  therein,  if  the  appeal 
be  withdrawn  or  dismissed,  or  any  judgment  and  costs  that  may  be 
recovered  against  him  in  said  action  in  the  district  court,  and  will 
obey  any  order  made  by  the  court  therein. 

When  the  judgment  appealed  from  directs  the  delivery  of 
possession  of  real  property,  the  execution  of  the  same  cannot  be 
stayed  unless  a  written  undertaking  be  executed  on  the  part  of  the 
appellant,  with  two  or  more  sureties,  to  the  effect  that  during  the 
possession  of  such  property  by  the  appellant,  he  will  not  commit, 
or  suffer  to  be  committed  any  waste  thereon,  and  that  if  the  appeal 
be  dismissed  or  withdrawn,  or  the  judgment  affirmed,  or  judgment 
be  recovered  against  him  in  the  action  in  the  district  court,  he  will 
pay  the  value  of  the  use  and  occupation  of  the  property  from  the 
time  of  the  appeal  until  the  delivery  of  possession  thereof;  or  that 
he  will  pay  any  judgment  and  costs  that  may  be  recovered  against 
him  in  said  action  in  the  district  court,  not  exceeding  a  sum  to  be 
fixed  by  the  magistrate  of  the  court  from  which  the  appeal  is  taken, 
and  which  sum  must  be  specified  in  the  undertaking. 

A  deposit  of  the  sum  of  $50  plus  the  amount  of  the  judgment, 
including  all  costs  appealed  from,  or  plus  the  value  of  the  property, 
including  all  costs,  in  actions  for  the  recovery  of  specific  personal 
property,  with  the  magistrate,  is  equivalent  to  the  filing  of  the 
undertaking,  and  in  such  cases  the  magistrate  must  transmit  the 
money  to  the  clerk  of  the  district  court  to  be  by  him  paid  out  on  the 
order  of  the  court. 

Cross-Ueference 

Qualification  of  sureties,  see  section  963  of  this  title. 

886.  Filing  of  undertaking;  exception  to  and  justification  of 
sureties. — The  undertaking  on  appeal  must  be  filed  within  five  days 
after  the  filing  of  the  notice  of  appeal,  and  notice  of  the  filing  of 
the  undertaking  must  be  given  to  the  respondent.  The  adverse 
party  may  except  to  the  sufficiency  of  the  sureties  within  five  days 
after  the  filing  of  the  undertaking,  and  unless  they  or  other  sureties 
justify  before  the  magistrate  within  five  days  thereafter,  upon  notice 
to  the  adverse  party,  to  the  amounts  stated  in  their  affidavits,  the 
appeal  must  be  regarded  as  if  no  such  undertaking  had  been  given. 

887.  Stay  of  proceedings  on  filing  undertaking. — If  an  execution 
be  issued  on  the  filing  of  the  undertaking  staying  proceedings,  the 

460 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  890 

magistrate  must,  by  order,  direct  the  officer  to  stay  all  proceedings 
on  the  same.  Such  officer  must,  upon  payment  of  his  fees  for  serv- 
ices rendered  on  the  execution,  thereupon  relinquisli  all  property 
levied  upon  and  deliver  the  same  to  the  judgment  debtor,  together 
with  all  moneys  collected  from  sales  or  otherwise.  If  his  fees  be  not 
paid,  the  officer  may  retain  so  much  of  the  property  or  proceeds 
thereof  as  may  be  necessary  to  pay  the  same. 

888.  Powers  of  district  court  on  appeal. — Upon  an  appeal  heard 

upon  a  statement  of  the  case,  the  district  court  may  review  all  orders 
affecting  the  judgment  appealed  from,  and  may  set  aside,  or  con- 
firm, or  modify  any  or  all  of  the  proceedings  subsequent  to  and 
dependent  upon  such  judgment,  and  may,  if  necessary  or  proper, 
order  a  new  trial.  When  the  action  is  tried  anew,  on  appeal,  the 
trial  must  be  conducted  in  all  respects  as  other  trials  in  the  district 
court.  The  provisions  of  this  title  as  to  changing  the  place  of  trial, 
and  all  the  provisions  as  to  trials  in  the  district  court,  are  applicable 
to  trials  on  appeal  in  the  district  court.  For  a  failure  to  prosecute 
an  appeal,  or  unnecessary  delay  in  bringing  it  to  a  hearing,  the  dis- 
trict court,  after  notice,  may  order  the  appeal  to  be  dismissed,  with 
costs ;  and  if  it  appear  to  such  court  that  the  appeal  was  made  solely 
for  delay,  it  may  add  to  the  costs  such  damages  as  may  be  just,  not 
exceeding  25  percent  of  the  judgment  appealed  from.  Judgments 
rendered  in  the  district  court  on  appeal  shall  have  the  same  force  and 
effect  and  may  be  enforced  in  the  same  manner  as  judgments  in 
actions  commenced  in  the  district  court. 

Cross-References 

Ameudinents,  see  section  275  of  this  title. 

Trial  de  novo  on  appeal,  see  section  883  of  this  title. 

New  trial,  see  sections  531  et  seq.,  of  this  title. 

889.  No  appeal  effective  unless  fees  for  filing  are  paid. — No 

appeal  taken  from  a  judgment  rendered  in  a  magistrate's  court  in 
civil  matters  shall  be  effectual  for  any  purpose  whatever  unless  the 
appellant  shall,  at  the  time  of  filing  the  notice  of  appeal,  pay  to  the 
magistrate,  in  addition  to  the  fee  payable  to  the  magistrate  on  appeal, 
a  docket  fee  of  $5  for  filing  the  appeal  and  for  placing  the  action  on 
the  calendar  in  the  district  court.  Upon  transmitting  the  papers 
on  appeal,  the  magistrate  shall  transmit  to  the  clerk  of  the  district 
court  the  sum  thus  deposited  for  filing  the  appeal  in  the  district  court 
and  for  placing  the  action  on  the  calendar.  No  notice  of  appeal 
shall  be  filed  unless  the  fees  herein  provided  for  are  paid  in  accord- 
ance with  the  provisions  of  this  section. 

890.  Dismissal  of  appeals  from  magistrate's  court  where  not 
brought  to  trial  within  one  year.— No  action  heretofore  or  hereafter 

appealed  from  the  magistrate's  court  to  the  district  court,  sliall  be 
further  prosecuted,  and  no  further  proceedings  shall  be  had  therein, 
and  all  such  actions  heretofore  or  hereafter  appealed,  must  be  dis- 
missed by  the  court  to  w^hich  the  same  shall  have  been  appealed,  on 
its  own  motion,  or  on  the  motion  of  any  party  interested  therein, 
whether  named  in  the  complaint  as  a  party  or  not,  where  the  appeal- 
mg  party  fails  to  bring  such  appeal  to  trial  within  one  year  from 

451 


T.4,  §891] 


TEE  CODE  OF  CIVIL  PROCEDURE 


the  date  of  filing  such  appeal  in  said  district  court,  unless  such  time 
be  otherAvise  exfended  by  a  written  stipulation  by  the  parties  to  the 
action  filed  with  the  clerk  of  the  district  court  to  which  the  appeal 
is  taken. 

891.  Papers  returned  on  dismissal  of  appeal. — Upon  dismissal  of 

the  appeal  the  clerk  of  the  district  court  shall  return  all  the  papers 
to  the  court  from  which  the  appeal  was  taken,  and  the  magistrate  of 
said  court  shall  have  jurisdiction  the  same  as  if  no  appeal  had  been 
taken. 

CHAPTER  16.— MISCELLANEOUS  PROVISIONS 


Alt.  Sec. 

1.  Proceedings  against  joint  debtors.  901 

2.  Offer  of  defendant  to  compromise-  911 

o.   Inspection   of   writings 921 

4.  Motions  and  orders 931 


Alt.  Sec. 

5.  Notices  and   filing  and  service  of 

papers 941 

6.  General  provisions 951 

7.  Declaratory    relief 971 


ARTICLE  1.— PROCEEDINGS  AGAINST  JOINT  DEBTORS 


Sec. 
901. 


902 


I'arties  not  summoned  in  action  on 
joint  contract  may  be  .sunimoued 
after  judgment. 

Summons  in  that  case,  what  to  con- 
tain,   and    hovs'    served. 


^ec. 

903.  Affidavit  to  accompany  summons. 

004.  Answer  ;  what  it  may  contain. 

00.5.  Wbat   constitute  the  pleadings  in   the 

case. 
!)06.   Is;  ues,  how  tried  ;  verdict ;  what  to  be. 


Section  901.  Parties  not  summoned  in  action  on  joint  contract 
may  be  summoned  after  judgment. — When  a  judgment  is  recovered 
against  one  or  more  of  several  persons,  jointly  indebted  upon  an 
obligation,  by  proceeding  as  provided  in  section  167  of  this  title, 
those  who  were  not  originally  .served  with  the  summons,  and  did  not 
appear  to  the  action,  may  be  summoned  to  show  cause  why  they 
should  not  be  bound  by  the  judgment,  in  the  same  manner  as  though 
they  had  been  originally  served  w4th  the  summons. 

Cross-references 

Joining  parties  severally  liable  upon  instrument,  see  section  139  of  tliis  title 

rroceecUn.^i;s  wliere  tliere  are  several  defendants  and  part  only  are  served 
see  section  1G7  of  this  title. 

Judgment  against  some  defendants,  proceeding  continuing  against  others,  see 
section  413  of  tliis  title. 

Release  of  one  joint  debtor  does  not  discliarge  others,  see  title  3,  section  793. 

902.  Summons  in  that  case,  what  to  contain,  and  how  served. — 

The  summons,  as  jjrovided  in  the  next  preceding  section,  must  de- 
scribe the  judgment,  and  require  the  person  summoned  to  .show  cause 
wdiy  he  should  not  be  bound  by  it,  and  must  be  served  in  the  same 
manner,  and  returnable  within  the  same  time,  as  the  original  sum- 
mons.   It  is  not  necessary  to  file  a  new  complaint. 

Ckoss-Ricfkiienck 

Contents  and  service,  etc.,  of  summons,  see  sections  163  et  seq.,  of  this  title. 

903.  Affidavit  to  accompany  summons. — The  summons  must  be 
accompanied  by  an  affidavit  of  the  plaintiff,  his  agent,  representa- 
tive, or  attorney,  that  the  judgment,  or  some  part  thereof,  remains 
unsatisfied,  and  must  specify  the  amount  due  thereon. 

904.  Answer;  what  it  may  contain. — Upon  such  summons,  the 
defendant  ma}^  answer  within  the  time  specified  therein,  denying 


452 


THE  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §  921 

the  judgment,  or  setting  up  any  defense  which  may  have  arisen  sub- 
sequently ;  or  he  may  deny  his  liability  on  the  obligation  upon  which 
the  judgment  Avas  recovered,  by  reason  of  an}^  defense  existing  at 
the  commencement  of  the  action. 

Ckoss-Refebence 
Answer,  generally,  see  section  221  of  this  title. 

905.  What  constitute  the  pleadings  in  the  case. — If  the  de- 
fendant, in  his  answer,  denies  the  judgment,  or  sets  up  any  defense 
which  may  have  arisen  subsequently,  the  summons,  with  the  affidavit 
annexed,  and  the  answer,  constitute  the  written  allegations  in  the 
case ;  if  he  denies  his  liability  on  the  obligation  upon  which  the  judg- 
ment was  recovered,  a  copy  of  the  original  complaint  and  judgment, 
the  summons,  with  the  affidavit  annexed,  and  the  answer,  constitute 
such  written  allegations,  subject  to  the  right  of  the  parties  to  amend 
their  pleadings  as  in  other  cases. 

906.  Issues,  how  tried;  verdict,  what  to  be. — The  issues  formed 
may  be  tried  as  in  other  cases;  but  when  the  defendant  denies,  in 
his  answer,  any  liability  on  the  obligation  upon  which  the  judg- 
ment was  rendered,  if  a  verdict  be  found  or  a  decision  rendered 
against  him,  it  must  be  for  not  exceeding  the  amount  remaining 
unsatisfied  on  such  original  judgment,  with  interest  thereon. 

Cross-Refeeence 

Trial,  see  sections  461  et  seq.,  of  this  title. 

ARTICLE  2.— OFFER  OF  DEFENDANT  TO  COMPROMISE 

911.  Proceedings  on  offer  of  the  defendant  to  compromise  after 
suit  brought. — The  defendant  may,  at  any  time  before  the  trial  or 
judgment,  serve  upon  the  plaintiff  an  offer  to  allow  judgment  to  be 
taken  against  him  for  the  sum  or  property,  or  to  the  effect  therein 
specified.  If  the  plaintiff  accept  the  offer,  and  give  notice  thereof 
within  five  days,  he  may  file  the  offer,  with  proof  of  notice  of  ac- 
ceptance, and  the  clerk  must  thereupon  enter  judgment  accordingly. 
If  the  notice  of  acceptance  be  not  given,  the  offer  is  to  be  deemed 
withdrawn,  and  cannot  be  given  in  evidence  upon  the  trial;  and  if 
the  plaintiff  fail  to  obtain  a  more  favorable  judgment,  he  cannot 
recover  costs,  but  must  pay  the  defendant's  costs  from  the  time  of 
the  offer. 

Ckoss-Refebences 

Offer  not  an  admission,  see  section  2154  of  this  title. 
Offer  equivalent  to  tender,  see  section  2151  of  this  title. 
Offer  valid  without  seal,  see  section  1934  of  this  title. 
Compare  section  797  of  this  title. 
Judgment  by  confession,  see  section  1101  of  this  title. 

ARTICLE   3.— INSPECTION    OF   WRITINGS 

921.  A  party  may  demand  inspection  and  copy  of  a  book,  paper, 
etc. — Any  court  in  which  an  action  is  pending,  or  the  judge  thereof, 
may,  upon  notice,  order  either  party  to  give  to  the  other,  within  a 
specified  time,  an  inspection  and  copy,  or  permission  to  take  a  copy, 

453 


T.4,§931] 


THE  CODE  OF  CIVIL  PROCEDURE 


of  entries  of  accounts  in  any  book,  or  of  any  document  or  paper  in 
his  possession,  or  under  his  control,  containing  evidence  rehiting  to 
the  merits  of  the  action,  or  the  defense  therein.  If  compliance  with 
the  order  be  refused,  the  court  may  exclude  the  entries  of  accounts 
of  the  book,  or  the  document,  or  paper  from  being  given  in  evidence, 
or  if  wanted  as  evidence  by  the  party  applying  may  presume  them, 
or  direct  the  jury  to  presume  them,  to  be  such  as  he  alleges  them  to 
be ;  and  the  court  may  also  punish  the  party  refusing  for  a  contempt. 
This  section  is  not  to  be  construed  to  prevent  a  party  from  compel- 
ling another  to  produce  books,  papers,  or  documents,  when  he  is 
examined  as  a  witness. 

Ckoss-Refekences 

Items  of  account,  see  section  253  of  this  title. 

Compelling  production  of  Ixiolcs,  see  sections  1970,  11)71,  and  L1041  ot  seq.. 
of  this  title. 

Writing  shown  witness  may  be  inspected  by  adverse  party,  see  section  2123 
of  this  title. 

Inspection  of  writings,  see  section  244  of  this  title. 

Contempt,  disobedience  of  order  of  court,  see  section  11G3  of  this  title. 

ARTICLE  4.— MOTIONS   AND   ORDERS 


Sec. 

931.  Older   and    motion    defined. 

932.  Motions  and  orders,  where  made. 

933.  Notifu  of  motion,  when  to  be  given. 


Sec. 
934. 


Order  for  payment  of  money,  tiow  en- 
forced. 


931.  Order  and  motion  defined. — Every  direction  of  a  court  or 
judge,  made  or  entered  in  writing,  and  not  included  in  a  judgment, 
is  denominated  an  order.     An  application  for  an  order  is  a  motion. 

CRO  S  8-REFEREN  CE8 

Conclusiveness  of  orders,  see  sections  1934,  1935,  and  20116  of  this  title. 
Form  of  orders  in  jjrobate  proceedings,  see  section  1681  of  this  title. 
Power  of  court  to  amend,  and  to  enforce,  orders,  see  section  23  of  tliis  title. 
Vacating  order,  see  section  861  of  this  title. 

932.  Motions  and  orders,  where  made. — Motions  must  be  made 
in  the  division,  in  which  the  action  is  pending.  Orders  made  out  of 
court  may  be  made  by  the  judge  of  the  court  in  either  division. 

Ceoss-Refebence 

Powers  of  judge  at  chambers,  see  sections  27  and  30  of  this  title ;  and  title  7, 
section  31. 

933.  Notice  of  motion,  when  to  be  given. — When  a  written  notice 
of  a  motion  is  necessary,  it  nuist  be  given  live  days  before  the  time 
appointed  for  the  hearing. 

Cboss-Refebence 

Notice  of  motion  and  service  thereof,  see  sections  941  et  seq.,  of  tliis  title. 

934.  Order  for  payment  of  money,  how  enforced. — Whenever  an 
order  for  the  payment  of  a  sum  of  money  is  made  by  a  court  pursuant 
to  the  provisions  of  this  title,  it  may  be  enforced  by  execution  in  the 
same  manner  as  if  it  were  a  judgment. 


454 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  948 


ARTICLE  5.— NOTICES  AND  FILING  AND  SERVICE  OF  PAPERS 


Sec. 

941.  Notices  and  papers,  how  served. 

942.  Notices    and    papers,    when    and 

served. 

943.  Service    by    mail,    when. 

944.  Service  by  mail,  how. 


how 


Sec. 

945.  Appearance ;  notices  after  appearance. 
940.   Service  on   nonresidents. 
947.  Preceding  provisions   not  to  apply   to 
process  or  to  contempt. 


941.  Notices  and  papers,  how  served. — Notices  must  be  in  writing, 
and  the  notice  of  a  motion,  other  than  for  a  new  trial,  must  state 
when,  and  the  grounds  upon  which  it  will  be  made,  and  the  papers, 
if  any,  upon  which  it  is  to  be  based.  If  any  such  paper  has  not 
previously  been  served  upon  the  party  to  be  notified  and  was  not 
filed  by  him,  a  copy  of  such  paper  must  accompany  the  notice. 
Notices  and  other  papers  may  be  served  upon  the  party  or  attorney 
in  the  manner  prescribed  in  this  article,  when  not  otherwise  provided 
by  this  title. 

942.  Notices  and  papers,  when  and  how  served. — The  service  may 
be  personal,  by  delivery  to  the  party  or  attorney  on  whom  the  service 
is  required  to  be  made,  or  it  may  be  as  follows : 

1.  If  upon  an  attorney,  it  may  be  made  during  his  absence  from 
his  office,  by  leaving  the  notice  or  other  papers  with  his  clerk  therein, 
or  with  a  person  having  charge  thereof;  or  when  there  is  no 
person  in  the  office,  by  leaving  them  between  the  hours  of  nine 
in  the  morning  and  five  in  the  afternoon,  in  a  conspicuous  place 
in  the  office ;  or,  if  it  is  not  open  so  as  to  admit  of  such  service,  then 
by  leaving  them  at  the  attorney's  residence,  with  some  person  of  not 
less  than  eighteen  years  of  age,  if  his  residence  is  in  the  same  division 
with  his  office ;  and  if  his  residence  is  not  known,  or  is  not  in  the  same 
division  with  his  office,  or  being  in  the  same  division  it  is  not  open, 
or  there  is  not  found  thereat  any  person  of  not  less  than  eighteen  years 
of  age,  then  by  putting  the  same,  inclosed  in  a  sealed  envelope,  into 
the  post  office  directed  to  such  attorney  at  his  office,  if  known; 
otherwise  to  his  residence,  if  known ;  and  if  neither  his  office  nor  his 
residence  is  known,  then  by  delivering  the  same  to  the  clerk  of  the 
court  for  the  attorney ; 

2.  If  upon  a  party,  it  may  be  made  by  leaving  the  notice  or  other 
paper  at  his  residence,  between  the  hours  of  eight  in  the  morning 
and  six  in  the  evening,  with  some  person  of  not  less  than  eighteen 
years  of  age;  if  at  the  time  of  attempted  service  between  the  said 
hours  no  such  person  can  be  found  at  his  residence,  the  same  may  be 
served  by  mail ;  and,  if  his  residence  is  not  known,  then  by  delivering 
the  same  to  the  clerk  of  the  court  for  such  party. 

Ckoss-References 

Service  on  attorney,  see  section  946  of  this  title. 
Extension  of  time  for  service,  see  section  960  of  this  title. 
Proof  of  service,  by  aflSdavit,  see  section  2071  of  this  title. 

943.  Service  by  mail,  when.— Service  by  mail  may  be  made  where 
the  person  making  the  service  and  the  person  on  whom  it  is  to  be 
made  reside  or  have  their  offices  in  different  places  between  which 
there  is  a  regular  communication  by  mail. 


455 


T.4,  §944]  THE  CODE  OF  CIVIL  PROCEDURE 

944.  Service  by  mail,  how. — In  case  of  service  by  mail,  the  notice 
or  other  paper  must  be  deposited  in  the  post  office,  in  a  sealed 
envelope  addressed  to  the  person  on  whom  it  is  to  be  served,  at  his 
office  or  place  of  residence.  The  service  is  complete  at  the  time  of  the 
deposit. 

945.  Appearance;  notices  after  appearance. — A  defendant  ap- 
pears in  an  action  when  he  answers,  demurs,  or  gives  the  plaintiff 
written  notice  of  his  appearance,  or  when  an  attorney  gives  notice  of 
appearance  for  him.  After  appearance,  a  defendant  or  his  attorney 
is  entitled  to  notice  of  all  subsequent  proceedings  of  which  notice  is 
required  to  be  given.  But  where  a  defendant  has  not  appeared, 
service  of  notice  or  papers  need  not  be  made  upon  him  unless  he  is 
imprisoned  for  want  of  bail. 

Ckoss-Reifebences 

Appearance,  waiver  of  summons,  see  sections  1G2  and  171  of  this  title. 
Appearance  as  curing  defective  service,  see  section  416  of  this  title. 
Waiver  of  notice  by  appearance,  see  section  1219  of  this  title. 
Appearance  in  forcible  entry  and  detainer,  see  section  1151  of  this  title. 

946.  Service  on  nonresidents. — Wlien  a  plaintijff  or  a  defendant, 

who  has  appeared,  resides  out  of  the  Canal  Zone,  and  has  no  attorney 
in  the  action  or  proceeding,  the  service  may  be  made  on  the  clerk 
for  him.  But  in  all  cases  where  a  party  has  an  attorney  in  the  action 
or  proceeding,  the  service  of  papers,  when  required,  must  be  upon 
the  attorney  instead  of  the  party,  except  service  of  subpenas,  of 
writs,  and  other  process  issued  in  the  suit,  and  of  papers  to  bring 
him  into  contempt.  If  the  sole  attorney  for  a  partj^  is  removed  or 
suspended  from  practice,  then  the  party  has  no  attorney  within  the 
meaning  of  this  section.  If  his  sole  attorney  has  no  known  office  in 
the  Canal  Zone,  notices  and  papers  may  be  served  by  leaving  a  copy 
thereof  with  the  clerk  of  the  court,  unless  such  attorney  shall  have 
filed  in  the  cause  an  address  of  a  place  at  which  notices  and  papers 
may  be  served  on  him,  in  which  event  they  may  be  served  at  such 
place. 

CEOSS-ReIFE!RE[N  CE8 

Attorney,  duties  and  authority,  see  sections  47  and  48  of  this  title. 
Manner  of  service,  see  section  942  of  this  title. 
Service  of  subpena,  see  section  20i3  of  this  title. 

947.  Preceding  provisions  not  to  apply  to  process  or  to  con- 
tempt.— The  foregoing  provisions  of  this  article  do  not  apply  to 
the  service  of  a  summons  or  other  process,  or  of  any  paper  to  bring 
a  party  into  contempt. 


456 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  956 


ARTICLE  6.— GENERAL  PROVISIONS 


Sec. 
951. 
952. 

953. 

954. 
955. 
956. 

95T. 

95  S. 
959. 

960. 


961. 


Lo.st  papers,  how  supplied. 

Papers  without  the  title  of  the  action, 
or  with  di'fective  title,  may  he  valid. 

Successive  actions  on  the  same  con- 
tract, etc. 

Severance  and  consolidatiou. 

Action.s,  when  deemed  pending. 

Actions  to  determine  adverse  claims, 
and  by  sureties. 

Testimony  ;  who  may  take  down. 

The  clerk  shall  keep  minute  books. 

Two  of  three  referees,  etc.,  may  do 
any  act. 

Extension  of  time  within  which  an  act 
is  to  be  done ;  not  to  exceed  30 
days  ;  exception. 

Action  against  officer  for  official  acts. 


Sec. 

962.  Corporations  may   become  sureties  on 

undertakings  and  bonds. 

963.  Undertakings    mentioned    in    this   title, 

requisites  of. 
904.  Justification   by   corporate   security   on 
bonds. 

965.  Clerk  may  accept  cash  deposit  in  lieu 

of  bond. 

966.  Clerk  to  copy  certain  bonds  in  appro- 

priate book. 
907.  Clerk    to    be    ex    officio     registrar    of 
property. 

968.  Government  not  required  to  give  bonds 

when  a  party. 

969.  Surety  on  appeal  substituted  to  rights 

of  judgment  creditor. 


951.  Lost  papers,  how  supplied. — If  an  original  pleading  or 
paper  be  lost,  the  court  may  authorize  a  copy  thereof  to  be  filed  and 
used  instead  of  the  original. 

Ckoss-Refebences 

Admissibility  of  abstracts  of  title  where  records  lost  or  destroyed,  see  section 
1873  of  this  title. 

Claim  on  lost  instrument,  how  presented  against  estate,  see  section  1478  of 
this  title. 

Lost  summons,  issuance  of  alias,  see  section  164  of  this  title. 

Lost  writings,  how  proved,  see  sections  1872  and  1069  of  this  title. 

Re-establishment  and  re-execution  of  lost  in.strument,  see  title  3,  section  2734. 

952.  Papers  without  the  title  of  the  action,  or  with  defective 
title,  may  be  valid. — An  affidavit,  notice,  or  other  paper,  without 
the  title  of  the  action  or  proceeding  in  which  it  is  made,  or  with  a 
defective  title,  is  as  valid  and  effectual  for  any  purpose  as  if  duly 
entitled,  if  it  intelligibly  refer  to  such  action  or  proceeding. 

953.  Successive  actions  on  the  same  contract,  etc. — Successive 
actions  may  be  maintained  upon  the  same  contract  or  transaction, 
whenever,  after  the  former  action,  a  new  cause  of  action  arises 
therefrom. 

CROS  S-ReFEEEN  CES 

Action,  defined,  see  section  10  of  this  title. 

Proceedings  where  mortgage  debt  falls  due  at  different  times,  see  section 
643  of  this  title. 

954.  Severance  and  consolidation. — An  action  may  be  severed  and 
actions  may  be  consolidated,  in  the  discretion  of  the  court,  whenever 
it  can  be  done  without  prejudice  to  a  substantial  right. 

955.  Actions,  when  deemed  pending. — An  action  is  deemed  to  be 
pending  from  the  time  of  its  commencement  until  its  final  determi- 
nation upon  appeal,  or  until  the  time  for  appeal  has  passed,  unless 
the  judgment  is  sooner  satisfied. 

956.  Actions  to  determine  adverse  claims,  and  by  sureties. — An 

action  may  be  brought  by  one  person  against  another  for  the  purj)ose 
of  determining  an  adverse  claim,  which  the  latter  makes  against 
the  former  for  money  or  property  upon  an  alleged  obligation;  and 
also  against  two  or  more  persons,  for  the  purpose  of  compelling  one 


93083—34- 


-30 


457 


T.  4,  §  957]  THE  CODE  OF  CIVIL  PROCEDURE 

to  satisfy  a  debt  due  to  the  other,  for  which  plaintiff  is  bound  as  a 
surety. 

Cross-references 

Quieting  title  to  real  and  personal  property,  see  sections  661  et  seq.,  of  this 
title. 

Surety  may  compel  principal  to  perform  obligation,  see  title  3,  section  2143. 

957.  Testimony ;  who  may  take  down. — On  the  trial  of  an  action 
in  the  district  court,  if  there  is  no  shorthand  reporter  of  the  court  in 
attendance,  the  testimony  may  be  taken  down  in  writing  by  anyone 
agreed  to  by  the  parties. 

958.  The  clerk  shall  keep  minute  books. — The  clerk  shall  in 
person  or  by  assistant  attend  all  sessions  of  the  court  and  keep  minute 
books,  in  which  he  shall  record,  under  the  direction  of  the  judge, 
all  the  proceedings  of  the  court. 

959.  Two  of  three  referees,  etc.,  may  do  any  act. — When  there 
are  three  referees,  all  must  meet,  but  two  of  them  may  do  any  act 
which  might  be  done  by  all. 

Cross-Referenceis 

References  and  trials  by  referees,  see  sections  511  to  517  of  this  title. 
Majority  of  executors  may  act,  see  section  1289  of  this  title. 

960.  Extension  of  time  within  which  an  act  is  to  be  done ;  not  to 
exceed  thirty  days ;  exception. — When  an  act  to  be  done,  as  provided 
in  this  title,  relates  to  the  pleadings  in  the  action,  or  the  under- 
takings to  be  filed,  or  the  justifications  of  sureties,  or  the  preparation 
of  bills  of  exceptions,  or  of  amendments  thereto,  or  to  the  service 
of  notices  other  than  of  appeal,  the  time  allowed  by  this  title,  unless 
otherwise  expressly  provided,  may  be  extended,  upon  good  cause 
shown,  by  the  judge  of  the  district  court;  but  such  extension  shall 
not  exceed  thirty  days,  without  the  consent  of  the  adverse  party. 

Cboss-Refkrence 
Extension  of  time  to  plead,  see  section  275  of  this  title. 

961.  Action  against  oflScer  for  ofiScial  acts. — If  an  action  is 
brought  against  any  officer  or  person  for  an  act  for  the  doing  of 
which  he  had  theretofore  received  any  valid  bond  or  covenant  of 
indemnity,  and  he  gives  seasonable  notice  thereof  in  writing  to  the 
persons  who  executed  such  bond  or  covenant,  and  permits  tliem  to 
conduct  the  defense  of  such  action,  the  judgment  recovered  therein 
is  conclusive  evidence  against  the  persons  so  notified ;  and  the  couit 
may,  on  motion  of  the  defendant,  upon  notice  of  five  days,  and  upon 
proof  of  such  bond  or  covenant,  and  of  such  notice  and  permission, 
enter  judgment  against  them  for  the  amount  so  recovered  and  costs. 

962.  Corporations  may  become  sureties  on  undertakings  and 
bonds. — In  all  cases  where  an  undertaking  or  bond,  with  any  num- 
ber of  sureties,  is  authorized  or  recjuired  by  any  provision  of  this 
title,  or  of  any  law  of  the  Canal  Zone,  any  corporation  with  a  paid- 
up  capital  of  not  less  than  $100,000,  incorporated  under  the  laws 

458 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  964 

of  any  State  of  the  United  States  for  the  purpose  of  making,  guar- 
anteeing, or  becoming  a  surety  upon  bonds  or  undertakings  required 
or  authorized  by  hiw,  or  which,  by  the  laws  of  tlie  State  where  it 
was  incorporated  has  such  power,  and  which  shall  have  complied 
with  all  the  requirements  of  the  law  of  the  Canal  Zone  regulating 
the  admission  of  these  corporations  to  transact  such  business  in 
the  Canal  Zone,  may  become  and  shall  be  accepted  as  security  or 
as  sole  and  sufficient  surety  upon  such  undeiiaking  or  bond,  and  such 
corporate  surety  shall  be  subject  to  all  the  liabilities  and  entitled  to 
all  the  rights  of  natural  i)erson  sureties. 

963.  Undertakings  mentioned  in  this  title,  requisites  of. — In  any 

case  where  an  undertaking  or  bond  is  authorized  or  required  by  any 
law  of  the  Canal  Zone,  the  officer  taking  the  same  must,  except  in 
the  case  of  such  a  corporation  as  is  mentioned  in  the  next  preceding 
section,  require  the  sureties  to  accompany  it  with  an  affidavit  that 
they  are  each  residents  of  the  Canal  Zone,  and  are  each  worth  the 
sum  specified  in  the  undertaking  or  bond,  over  and  above  all  their 
just  debts  and  liabilities,  exclusive  of  property  exempt  from  execu- 
tion; but  when  the  amount  specified  in  the  undertaking  or  bond 
exceeds  $3,000,  and  there  are  more  than  two  sureties  thereon,  they 
may  state  in  their  affidavits  that  they  are  severally  worth  arnounts 
less  than  the  amount  specified  in  the  undertaking  or  bond,  if  the 
whole  amount  is  equivalent  to  that  of  two  sufficient  sureties. 

Any  corporation  such  as  is  mentioned  in  the  next  preceding  sec- 
tion may  become  sole  surety  on  such  bond. 

New  undertaking. — Whenever  an  undertaking  has  been  given  and 
approved  in  any  action  or  proceeding,  and  it  is  thereafter  made  to 
appear  to  the  satisfaction  of  the  court  that  any  surety  upon  such 
undertaking  has  for  any  reason  become  insufficient,  the  court  may, 
upon  notice,  order  the  giving  of  a  new  undertaking,  with  sufficient 
sureties,  in  lieu  of  such  insufficient  undertaking.  In  case  such  new- 
undertaking  so  required  shall  not  be  given  within  the  time  required 
by  such  order,  or  in  case  the  sureties  thereon  fail  to  justify  thereon 
when  required,  all  rights  obtained  by  the  filing  of  such  original 
undertaking  shall  immediately  cease. 

Cross-Reference 

Section  applied  to  guardians,  see  section  1820  of  tliis  title. 

964.  Justification  by  corporate  sureties  on  bonds.— Whenever 
the  surety  on  a  bond  or  undertaking  authorized  or  required  by  any 
law  of  the  Canal  Zone  is  a  foreign  corporation,  authorized  to  become 
surety  on  bonds  or  undertakings  in  the  Canal  Zone,  and  exception 
is  taken  to  the  sufficiency  of  such  surety  as  required  by  law,  such 
corporate  surety  may  justify  on  such  bond  or  undertaking  as  follows: 

Proceduke.— Any  agent,  attorney  in  fact,  or  officer  of  such  corpo- 
ration shall  submit  to  the  court,  judge,  officer,  board,  or  other  person 
before  whom  the  justification  is  to  be  made: 

First.  The  original,  or  a  certified  copy  of,  the  power  of  attorney, 
bylaws  or  other  instrument  showing  the  authority  of  the  person 
or  persons  who  executed  the  bond  or  undertaking  to  execute  the 
same; 

459 


T.  4,  §  965]  THE  CODE  OF  CIVIL  PROCEDURE 

Second.  A  certified  copy  of  the  certificate  of  aiithorit}^,  showing 
that  the  corporation  is  authorized  to  transact  business; 

Third.  A  certificate  from  the  executive  secretary  showing  that  the 
said  certificate  of  authority  has  not  been  surrendered,  revoked,  can- 
celed, annulled,  or  suspended,  or  in  the  event  that  it  has  been,  that 
I'enewed  authority  to  act  under  such  certificate  has  been  granted ; 

Fourth.  A  financial  statement  showing  the  assets  and  liabilities  of 
such  corporation  at  the  end  of  the  quarter  calendar  year  prior  to 
forty-five  days  next  preceding  the  date  of  the  execution  of  the  bond 
or  undertaldng ;  such  financial  statement  must  be  verified  under  oath 
by  the  president,  or  a  vice  president  and  attested  by  the  secretary 
or  an  assistant  secretary  of  such  corporation. 

Justification  when  complete. — Upon  complying  with  the  fore- 
going provisions  and  it  appearing  that  the  bond  or  undertaking  was 
duly  executed,  that  the  corporation  is  authorized  to  transact  business 
in  the  Canal  Zone,  and  that  its  assets  exceed  its  liabilities  in  an 
amount  equal  to  or  in  excess  of  the  amount  of  the  bond  or  under- 
taking, the  justification  of  the  surety  shall  be  complete  and  it  shall  be 
accepted  as  the  sole  and  sufficient  surety  on  the  bond  or  undertaking. 

965.  Clerk  may  accept  cash  deposit  in  lieu  of  bond. — In  all  pro- 
ceedings in  which  a  bond  is  required  the  clerk  of  the  district  court 
may  accept  a  cash  deposit  in  the  sum  of  the  bond.  Where  a  cash 
bond  is  given,  such  moneys  or  any  part  thereof  may  be  withdrawn 
only  upon  order  of  the  court. 

968.  Clerk  to  copy  certain  bonds  in  appropriate  book. — All  bonds 
of  every  nature  and  description  required  in  civil  actions  or  proceed- 
ings, except  bonds  for  arrest  or  appeal  from  inferior  courts,  shall  be 
copied  in  full  by  the  clerk  in  an  appropriate  book,  and  such  copy, 
duly  authenticated  by  him,  shall  have  the  for.^e  and  effect  of  the 
original. 

967.  Clerk  to  be  ex  officio  registrar  of  property. — The  clerk  of 

the  district  court  is  ex  officio  registrar  of  property  of  the  Canal 
Zone,  and  the  assistant  clerks  shall  have  and  exercise  like  powers  in 
the  name  of  their  principal.  The  clerk  and  his  assistants  shall  have 
the  duties  of  registrar  so  as  to  give  constructive  notice  in  all  cases 
where  provision  is  made  for  such  notice  bj^  law.  They  shall  keep 
proper  books  of  record,  v.'hich  shall  at  all  reasonable  hours  be  open 
to  the  public. 

968.  Government  not  required  to  give  bonds  when  a  party. — 

In  any  civil  action  or  proceeding  Avherein  the  Government  is  a  party 
plaintiff,  or  any  Government  officer,  in  his  official  capacity  or  on  be- 
half of  the  Government,  is  a  party  plaintiff  or  defendant,  no  bond, 
written  undertaking,  or  security  can  be  required  of  the  Government, 
or  any  officer  thereof;  but  on  complying  with  the  other  provisions 
of  this  title  the  Government,  or  any  Government  officer  acting  in  his 
official  capacity,  shall  have  the  same  rights,  remedies,  and  benefits  as 
if  the  bond,  undertaking,  or  security  were  given  and  approved  as 
required  by  this  title. 

Ceoss-Rbjfebencb 

Security  not  required  of  Goveruraent  on  injunction,  see  section  345  of  this 
title. 

460 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  973 

969.  Surety  on  appeal  substituted  to  rights  of  judgment  cred- 
itor.— Whenever  any  suret}'  on  iin  undertaking  on  appeal,  executed 
to  stay  proceedings  upon  a  money  judgment,  pays  the  judgment, 
either  with  or  without  action,  after  its  affirmation  by  the  appellate 
court,  he  is  substituted  to  the  rights  of  the  judgment  creditor,  and 
is  entitled  to  control,  enforce,  and  satisfy  such  judgment,  in  all 
respects  as  if  he  had  recovered  the  same. 

Ckos  s-Refeken  ces 

Subrogatiou  of  surety  iiaying  judguient,  see  section  GIO  oi'  this  title. 
Subrogation  of  surety  to  rights  of  creditor  or  cosureties,  see  title  3,  sections 
2145  and  ;-'146. 

ARTICLE    7.— DECIiARATORY    RELIEF 

Sec.  I   Sec. 

971.  Declaratory  relief.  973.  Other  remedies  not  affected. 

Ql'2.  Power  not  exercised  when.  1 

971.  Declaratory  relief. — Any  person  interested  under  a  deed,  will, 

or  other  written  instrument,  or  under  a  contract,  or  w-ho  desires  a 
declaration  of  his  rights  or  duties  with  respect  to  another  or  in 
respect  to,  in,  over  or-  upon  property,  may,  in  cases  of  actual  contro- 
versy relating  to  the  legal  rights  and  duties  of  the  respective  parties, 
bring  an  action  in  the  district  court  for  a  declaration  of  his  rights 
and  duties  in  the  premises,  including  a  determination  of  any  question 
of  construction  or  validity  arsing  under  such  instrument  or  contract. 
He  may  ask  for  a  declaration  of  rights  or  duties,  either  alone  or 
with  other  relief;  and  the  court  may  make  a  binding  declaration 
of  such  rights  or  duties,  whether  or  not  further  relief  is  or  could  be 
claimed  at  the  time.  The  declaration  may  be  either  affirmative  or 
negative  in  form  and  effect,  and  such  declaration  shall  have  the  force 
of  a  final  judgment.  Such  declaration  may  be  had  before  there  has 
been  any  breach  of  the  obligation  in  respect  to  which  said  declaration 
is  sought. 

972.  Power  not  exercised  when. — The  court  may  refuse  to  exer- 
cise the  power  granted  by  this  article  in  any  case  where  its  declara- 
tion or  determination  is  not  necessary  or  proper  at  the  time  under 
all  the  circumstances. 

973.  Other  remedies  not  affected. — The  remedies  provided  by 
this  article  are  cumulative,  and  shall  not  be  construed  as  restricting 
any  remedy,  provisional  or  otherwise,  provided  by  law  for  the  benefit 
of  any  party  to  such  action,  and  no  judgment  under  this  article  shall 
preclude  any  party  from  ol3taining  additional  relief  based  upon  the 
same  facts. 


461 


T.4,  §981] 


THE  CODE  OF  CIVIL  PROCEDURE 


CHAPTER   17.— FEES;    COSTS   AND    SECURITY   FOR    COSTS   IN   THE 
DISTRICT  AND   MAGISTRATES'  COURTS 


Art. 

1.   Fees   in   geiieral- 

•2.  Costs 


Sec. 

981 

1001 


Art.  Sec. 

3.   Security   for  costs 1021 


ARTICLE  1.— FEES  IN  GENERAL 


Sec. 
981. 
982. 

983. 
984. 

985. 


Lawful   to   demand    specific    fees   only. 

Docket  fees  and  other  depo.':its  for 
services  of  clerk  or  magistrate. 

Jury  fee. 

Fees  in  probate  and  guardianship  mat- 
ters. 

Clerk  of  district  court ;  fees  for  vari- 
ous services ;  copies  of  papers  and 
records. 


Sec. 

986.  Marshal,    constables,    and    other    per- 
sons serving  process. 
9S7.   Same :    attempts   to   serve   process. 
988.  Magistrates. 
!»8'.».   Witness  fees. 

990.  Referee's   fees. 

991.  Other  fees  to  be  fixed  by  general  rules 

of  the  district  court.'. 


Section  981.  Lawful  to  demand  specific  fees  only. — It  shall  be 

lawful  for  the  clerk  of  the  district  court,  referees,  and  commissioners 
appointed  by  the  district  court,  the  marshal,  magistrates,  constables, 
and  other  officers  and  persons  hereinafter  mentioned,  together  with 
their  assistants  and  deputies,  to  demand,  and  receive,  the  hereinafter 
mentioned  fees  and  no  more;  but  all  fees  collected  by  officers  draw- 
ing a  regular  salary  or  fixed  compensation  from  the  Government 
shall  be  paid  over  to  the  collector  of  the  Panama  Canal. 

982.  Docket  fees  and  other  deposits  for  services  of  clerk  or 
magistrate. — The  United  States  of  America,  the  Government  of  the 
Canal  Zone,  and  the  Panama  Canal,  or  any  officer  thereof  who  sues 
or  is  sued  in  his  official  capacity,  shall  not  be  required  to  pay  any 
costs  for  the  bringing  or  defending  of  an  action. 

Every  other  plaintiff  in  a  civil  action  commenced  in  the  district 
court,  except  as  hereinafter  designated,  shall  deposit  w^ith  the  clerk 
or  assistant  clerk  thereof  a  docket  fee  of  $8  upon  the  filing  of  the 
complaint.  An  intervcnor  who  is  allowed  to  intervene  therein  shall 
deposit  $5  upon  the  filing  of  the  petition  of  intervention.  A  plaintiff 
in  a  habeas  corpus,  mandamus,  certiorari,  or  prohibition  proceeding, 
or  any  other  special  proceeding,  except  a  probate  or  guardianship 
proceeding,  shall  deposit  $3  upon  the  filing  of  the  complaint.  Such 
sum  or  sums  so  deposited  shall  be  full  compensation  for  the  clerk 
or  assistant  clerk  for  all  services  performed  in  any  such  action  or 
proceeding,  except  lawful  copy  fees  for  furnishing  copies  of  any 
paper  or  record  therein. 

Any  other  plaintiff  in  a  civil  action  commenced  in  a  magistrate's 
court  at  the  time  of  commencing  the  action  shall  deposit  a  docket 
fee  of  $3.  An  intervenor  who  intervenes  therein  shall  deposit  a  fee 
of  $1  at  the  time  of  appearance.  Such  sum  or  sums  so  deposited  shall 
be  full  compensation  for  all  services  of  the  magistrate  in  said  action; 
except  that  lawful  copy  fees  may  be  charged  and  collected  for  fur- 
nishing copies  of  any  paper  or  record  therein. 

983.  Jury  fee. — Any  party  to  a  civil  case  in  the  district  court, 
who  demands  a  trial  by  jury,  shall  accompany  said  demand  with  a 
deposit  of  $10  as  a  jury  fee;  and  unless  such  deposit  is  made,  the 
case  shall  be  tried  without  the  intervention  of  a  jury. 


462 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  986 

984.  Fees  in  probate  and  guardianship  matters. — The  fees  for 
the  services  of  the  clerk  or  assistant  clerk  of  the  district  court  in 
probate  and  guardianship  matters  shall  be  as  follows:  AVheie  the 
value  of  the  estate  does  not  exceed  $1,000,  $3 ;  where  the  value  of  the 
estate  exceeds  $1,000,  and  does  not  exceed  $5,000,  $5;  where  the  value 
of  the  estate  exceeds  $5,000,  $8. 

Such  fees  shall  be  full  compensation  for  the  services  of  the  clerk 
or  assistant  clerk  in  such  proceedings,  except  that  they  shall  be  en- 
titled to  charge  lawful  fees  for  furnishing  copies  of  papers  and 
records  therein.  The  judge  of  the  district  court  shall  have  the  power, 
in  his  discretion,  in  any  case  where  the  estate  is  small  and  the  circum- 
stances warrant,  to  waive  the  payment  of  any  fee  to  the  clerk  or 
assistant  clerk  for  services  to  be  performed  in  such  proceedings. 

985.  Clerk  of  district  court;  fees  for  various  services;  copies  of 
papers  and  records. — For  certifying  the  official  act  of  a  magistrate 
or  other  certificate,  with  seal,  25  cents. 

For  certified  copies  of  any  paper,  record,  decree,  judgment,  or 
entry,  for  each  one  hundred  words  or  fraction  thereof,  10  cents,  and 
the  further  sum  of  25  cents  for  each  certification :  Provided,  however. 
That  wiiere  copies  are  furnished  by  those  desiring  the  same,  the  cer- 
tification fee  alone  shall  be  collected. 

For  all  copies  of  records,  or  bills  of  exception,  or  testimony,  or  of 
other  documents  for  transmission  to  the  Circuit  Court  of  Appeals,  10 
cents  for  each  one  hundred  words  or  fraction  thereof,  and  the  fur- 
ther sum  of  25  cents  for  each  certification  thereof:  Provided,  how- 
ever, That  where  copies  are  furnished  by  those  desiring  the  same, 
the  certification  fee  alone  shall  be  collected. 

986.  Marshal,  constables,  and  other  persons  serving  process. — 

For  executing  process,  preliminarj'^  and  final  judgments,  and  decrees 
of  any  court,  for  each  mile  of  travel  in  the  service  of  process  going 
one  way,  reckoned  from  the  place  of  service  to  the  place  to  which 
the  process  is  returnable,  10  cents. 

For  serving  an  attachment  against  the  property  of  the  defendant, 
$1,  together  wnth  a  reasonable  allowance  to  be  made  by  the  court 
for  expenses,  if  any,  necessarily  incurred  in  caring  for  the  property 
attached. 

For  arresting  each  defendant,  50  cents. 

For  serving  summons  and  cop}^  of  complaint  for  each  defendant, 
$1 ;  but  in  special  proceedings,  testamentary  or  administrative,  where 
several  members  of  a  family  residing  at  the  same  place  are  defend- 
ants the  fee  for  each  defendant  shall  be  50  cents. 

For  serving  subpenas,  for  each  witness  served,  25  cents  besides 
travel  fees. 

For  each  copy  of  any  process  necessarily  deposited  in  the  office  of 
registrar  of  property,  10  cents  for  each  one  hundred  words,  but  not 
less  than  50  cents  in  each  case. 

For  taking  bonds  or  other  instruments  of  indemnity  or  security, 
for  each,  25  cents. 

For  executing  a  writ  of  process  to  put  a  person  in  possession  of 
real  estate,  $1. 

For  attending  with  prisoner  on  habeas  corpus  trial,  each  day,  $1. 

463 


T.4,  §987]  THE  CODE  OF  CIVIL  PROCEDURE 

For  transporting  each  prisoner  on  habeas  corpus  or  otherwise, 
when  required,  for  every  mile  going  and  returning,  10  cents. 

For  advertising  sale,  besides  printer's  charge,  50  cents. 

For  taking  inventory  of  goods  levied  upon,  to  be  charged  only 
when  the  inventory  is  necessary,  a  sum  fixed  by  the  court  not  exceed- 
ing the  actual  reasonable  cost  of  the  same  to  be  shown  by  vouchers. 

For  levying  an  execution  on  property,  $1. 

On  all  money  collected  by  him  by  order  of  any  decree,  execution, 
attachment,  or  any  other  process,  the  following  sums : 

a.  On  the  first  ^100  or  less,  2  per  centum ; 

b.  On  the  second  $100,  IY2  per  centum ; 

c.  On  all  sums  between  $200  and  $1,000,  1  per  centum;  and 

d.  On  all  sums  in  excess  of  $1,000,  1/0  per  centum. 

987.  Same;  attempts  to  serve  process.— The  following  fees  shall 
be  charged  for  return  on  and  mileage  in  attempts  to  serve  process, 
or  any  order,  judgment,  or  decree  of  any  court  in  civil  cases : 

(a)  For  each  return,  $1 ; 

(b)  For  mileage  going  one  way  in  attempting  to  serve  or  execute 
any  process,  order,  judgment,  or  decree  of  any  court,  for  each  mile 
traveled  one  way,  10  cents. 

No  such  fees  shall  be  charged  against  the  United  States  or  the 
Panama  Canal  or  an  officer  thereof  sued  in  his  official  capacity. 

988.  Magistrates. — For  all  services  of  a  magistrate  in  a  civil 
action  the  fees  prescribed  in  section  982  of  this  title. 

For  administering  oath  upon  any  affidavit  or  other  paper  with 
certificate  of  oath,  20  cents. 

For  an  appeal,  with  proceedings  taking  bond,  making  and  for- 
warding transcript  of  record,  75  cents. 

For  each  certificate  not  otherwise  provided  for,  15  cents. 

For  writing  and  certifying  deposition,  including  the  administra- 
tion of  oath  to  the  witness,  10  cents  for  each  one  hundred  words  in 
the  deposition  and  certificate. 

■  For  certified  copies  of  any  record  of  proceeding  of  which  any 
person  is  entitled  to  receive  a  copy,  10  cents  for  each  one  hundred 
words. 

A  magistrate  upon  receiving  payment  of  fees  allowed  to  him  by 
law,  must  render  to  the  person  or  persons  so  paying  an  itemized 
account  thereof. 

989.  Witness  fees. — Witnesses  in  the  district  court,  either  in  ac- 
tions or  special  proceedings,  shall  be  entitled  to  $1  per  day  and 
10  cents  for  each  mile  going  to  the  place  of  trial  from  their  homes 
by  the  nearest  route  of  usual  travel;  but  mileage  shall  be  charged 
but  once  in  the  action  unless  witness  is  compelled  to  attend  more  than 
one  term  of  court,  nor  shall  any  allowance  be  made  for  mileage  except 
that  traveled  within  the  Canal  Zone. 

Witnesses  before  magistrates'  courts  and  other  inferior  tribunals 
shall  be  allowed  50  cents  per  day  and  the  travel  fees  above  provided 
and  no  more. 

Fees  to  which  witness  may  be  entitled  in  a  civil  action  shall  be 
allowed,  on  the  affidavit  of  the  witness,  stating  the  number  of  days 
he  has  attended,  the  amount  of  mileage  to  which  he  is  entitled,  to 

464 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1002 


be  taken  and  preserved  by  the  clerk  of  the  court,  magistrate,  or  other 
officer  before  whom  the  Avitness  was  called  to  testify,  and  a  certificate 
of  the  allowance  shall  be  <riven  to  the  witness.  But  on  final  taxation 
of  costs  the  truth  of  the  aiKdavit  may  be  contested  and  this  allowance 
may  be  set  aside  in  whole  or  in  part  as  the  facts  require.  A  witness 
shall  not  be  allowed  compensation  for  his  attendance  in  more  than 
one  case  or  on  more  than  one  side  of  the  same  case  at  the  same  time, 
but  may  elect  in  which  of  several  cases  or  on  which  side  of  the  case, 
when  he  is  summoned  by  both  sides,  to  claim  his  attendance ;  a  person 
Avho  is  compelled  to  attend  court  on  other  business  shall  not  be  paid 
as  a  witness. 

990.  Referee's  fees. — The  fees  of  referees  are  $5  to  each  for  every 

day  spent  in  the  business  of  the  reference ;  but  the  parties  may  agree, 
in  writing,  upon  any  other  rate  of  compensation,  and  thereupon  such 
rates  shall  be  allowed. 

Ceoss-References 

Reference,  generally,  see  sections  511  to  517  of  this  title. 
Referees  in  probate,  see  sections  1487  and  1488  of  this  title. 

991.  Other  fees  to  be  fixed  by  general  rules  of  the  district 
court. — If  it  shall  appear  that  services  are  required  of  clerks  of  court, 
marshals,  or  officers  of  the  court,  other  than  those  for  which  specific 
fees  have  been  provided  in  this  article,  the  district  judge  shall  by 
general  rules  provide  for  a  scale  of  fees  for  such  other  services,  which 
scale  shall  be  proportionate  to  the  fees  in  this  article  provided  for 
similar  services. 


ARTICLE  2.— COSTS 


Sec. 
1001 


Each  party  responsible  for  his  costs ; 
fees  for  service  of  process  payable 
in  advance. 

1002.  Prosecution  or  defense  of  actions   in 

forma  pauperis. 

1003.  Costs    ordinarily    allowed    to    prevail- 

ing party. 

1004.  Bill   of  costs  and   taxing  of  costs  in 

district  court. 


Src. 

1005.  What  costs  may  be  recovered  in  dis- 

trict  court. 

1006.  Magistrate  to  tax  costs  in  his  court. 

1007.  What     costs     may     be    recovered     in 

magistrate.s'   courts. 
lOOS.  Continuance,    costs   may   be   imposed 

as  condition  of. 
1009.  When    action   dismissed    for  want   of 

jurisdiction. 


1001.  Each  party  responsible  for  his  costs;  fees  for  service  of 
process  payable  in  advance. — Each  party  to  any  civil  action  insti- 
tuted in  the  district  court  or  any  magistrate's  court  of  the  Canal  Zone 
shall  be  responsible  for  the  costs  incurred  by  liim  in  such  action,  and 
the  marshal,  constable,  or  other  officer,  authorized  to  execute  any 
process  in  such  actions,  shall  not  execute  the  same  unless  the  fees 
allowed  by  law  for  the  service  of  such  process,  shall  be  paid  in 
advance  by  the  party  seeking  such  process,  unless  such  party  to  the 
action  is  entitled  to  prosecute  the  same  in  forma  pauperis,  as  provided 
in  the  section  next  follow^ing. 

1002.  Prosecution  or  defense  of  actions  in  forma  pauperis. — 

Any  citizen  of  the  United  States,  entitled  to  commence  any  action 
in  any  court  in  the  Canal  Zone,  may  commence  and  prosecute  or 
defend  to  conclusion  any  such  action,  without  being  required  to 
prepaj^  fees  or  costs  or  give  security  therefor,  before  or  after  bring- 
ing such  action,  upon  filing  in  the  said  court  a  statement,  under 


465 


T.  4,  §  1003]  THE  CODE  OF  CIVIL  PROCEDURE 

oath,  in  writing,  that  because  of  his  poverty  he  is  unable  to  pay  the 
costs  of  said  action,  or  to  give  security  for  same,  and  that  he  believes 
that  he  is  entitled  to  the  redress  he  seeks  by  such  action,  and  setting 
forth  the  nature  of  the  said  cause  of  action. 

The  opposing  party  in  the  action,  the  clerk  of  the  district  court,  or 
his  assistant,  or  the  magistrate,  as  the  case  may  be,  may  contest  the 
inability  of  the  party  to  pay  costs  or  his  inability  to  furnish  security 
for  same ;  and  the  contest  shall  be  heard  at  such  time  as  the  court  or 
magistrate  may  determine. 

If  no  contest  is  made  upon  the  affidavit,  or  if  the  same  is  admitted 
by  the  court  or  magistrate  after  the  contest,  it  shall  be  the  duty  of 
the  officers  of  the  court  thereafter  to  issue  and  serve  all  processes 
and  perform  all  duties  on  behalf  of  such  party  as  in  other  cases. 

1003.  Costs  ordinarily  allowed  to  prevailing  party. — Costs  shall 
ordinarily  be  allowed  to  the  prevailing  party  as  a  matter  of  course, 
but  the  court  shall  have  power  for  special  reasons  to  adjudge  that 
either  party  shall  pay  the  costs  of  an  action,  or  that  the  same  be 
divided  as  may  be  equitable. 

1004.  Bill  of  costs  and  taxing  of  costs  in  district  court. — The 

party  in  whose  favor  judgment  is  rendered  in  the  district  court  and 
who  claims  his  costs,  must  within  five  days  after  the  verdict  or  notice 
of  the  decision  of  the  court  deliver  to  the  clerk  and  to  the  adverse 
party,  or  his  attorney,  a  memorandum  of  the  items  of  his  costs  in 
the  action  or  proceeding,  which  memorandum  must  be  verified  by  the 
oath  of  the  party,  or  his  attorney  or  agent,  or  by  the  clerk  of  his 
attorney,  stating  that  to  the  best  of  his  knowledge  and  belief  the 
items  are  correct  and  that  the  disbursements  have  been  necessarily 
incurred  in  the  action  or  proceeding.  A  party  dissatisfied  with  the 
costs  so  claimed,  may,  Avithin  five  days  after  notice  of  filing  of  the 
bill  of  costs,  file  a  motion  to  have  the  same  taxed  by  the  court  or 
the  judge  thereof  in  said  action. 

1005.  What  costs  may  be  recovered  in  district  court. — In  an 

action  pending  in  the  district  court,  the  prevailing  party  may  recover 
the  following  costs  and  no  others : 

For  each  witness  necessarily  produced  by  him,  for  each  day's 
necessary  attendance  of  such  witness  at  the  trial,  the  witness' 
lawful  fees. 

For  each  deposition  lawfully  taken  by  him,  and  produced  in 
evidence,  $2.50. 

For  original  documents,  deeds,  or  papers  of  any  kind  produced  by 
him,  nothing. 

For  official  copies  of  such  documents,  deeds,  or  papers,  the  lawful 
fees  necessarily  paid  for  obtaining  such  copies. 

The  lawful  fees  paid  by  him  for  the  service  of  any  process  in  the 
action,  and  all  lawful  clerk's  fees  paid  by  him. 

1006.  Magistrate  to  tax  costs  in  his  court. — The  costs  in  the 
magistrate's  court  shall  be  taxed  by  the  magistrate  without  the  filing 
and  service  of  a  memorandum  of  costs  as  provided  in  section  1004  of 
this  title,  and  upon  such  information  as  to  magistrate  and  constable 


466 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1021 


costs  and  other  costs  and  fees  and  mileage  of  witnesses  as  the 
magistrate  may  require. 

1007.  What  costs  may  be  recovered  in  magistrates'  courts. — In 

an  action  pendinij;  before  a  magistrate,  the  plaintiff  may  recover  the 
following  costs,  and  no  others: 

For  each  witness  produced  by  him,  for  each  daj^'s  necessary 
attendance  at  the  trial,  the  witness'  lawful  fees. 

For  each  deposition  lawfully  taken  by  him  and  produced  in 
evidence,  $2.50. 

For  original  documents,  deeds,  or  papers  of  any  kind  produced 
by  him,  nothing. 

For  official  copies  of  such  documents,  deeds,  or  papers,  the  lawful 
fees  necessar}'-  paid  for  obtaining  such  copies. 

The  lawful  fees  paid  by  him  for  service  of  the  summons  and 
other  process  in  the  action. 

The  lawful  docket  fee  paid  by  him. 

If  the  judgment  is  for  the  defendant,  he  may  recover  the  following- 
costs,  and  no  others : 

For  each  witness  produced  by  him,  for  each  day's  necessary  attend- 
ance at  the  trial,  the  witness'  lawful  fees. 

For  each  deposition  lawfully  taken  by  him  and  produced  in 
evidence,  $2.50. 

For  original  documents,  deeds,  or  papers  of  any  kind  produced  by 
him,  nothing. 

For  official  copies  of  such  deeds  or  papers,  the  lawful  fees  neces- 
sarily paid  for  obtaining  such  copies. 

The  lawful  fees  paid  by  him  for  service  of  any  process  in  the 
action. 

1008.  Continuance,  costs  may  be  imposed  as  condition  of. — 

When  an  application  is  made  to  a  court  or  referee  to  postpone  a  trial. 
the  payment  of  costs  occasioned  by  the  postponement  may  be  imposed, 
in  the  discretion  of  the  court  or  referee,  as  a  condition  of  granting 
the  same. 

Cross -Reference 

Postponement,  generally,  see  sections  438  and  439  of  tbis  title. 

1009.  When  action  dismissed  for  want  of  jurisdiction. — If  an 

action  is  dismissed  for  want  of  jurisdiction,  courts  nevertheless  shall 
have  power  to  render  judgment  for  costs  as  justice  may  require. 

ARTICLE  3.— SECURITY  FOR  COSTS 


Sec. 

1021.  I'laintiff  may   l>e  required   to   give. 

1022.  New    or    additional    undertaking    by 

plaintiff  ;  form  of  security. 

1023.  Bonds,   what  to  authorize. 

lOi-l.   Security    not   required    from    Govern- 
ment. 


Sec. 

1025.  Security    by    intervenor    or    counter- 

claimant. 

1026.  Costs     secured     by     attachment     or 

other  bond. 


1021.  Plaintiff  may  be  required  to  give.— The  plaintiff  in  any 
civil  action  or  proceeding  in  the  district  court  or  in  either  of  the 
magistrates'  courts  may  be  ruled  to  give  security  for  the  costs  upon 
motion  of  the  opposing  party  or  of  any  officer  of  the  court  interested 
in  the  costs  accruing  in  said  action;  and  it  shall  be  the  duty  of  the 


467 


T.  4,  §  1022] 


THE  CODE  OF  CIVIL  PROCEDURE 


court  to  require  the  plaintiti  to  give  such  security  for  costs  within  a 
reasonable  time  thereafter  and  not  later  than  ten  days  after  the 
motion  is  presented  to  the  court;  and  if  the  plaintiff  shall  fail  to 
comply  with  the  order  of  the  court  within  the  time  prescribed  by  the 
court  or  judge  thereof,  the  action  shall  be  dismissed. 

1022.  New  or  additional  undertaking  by  plaintiff;  form  of 
security. — A  new  or  additional  undertaking  may  be  ordered,  within 
such  time  as  the  court  or  judge  may  prescribe,  upon  proof  that  the 
original  undertaking  is  insufficient  security,  and  failure  on  the 
part  of  the  plaintiff  to  comply  with  the  order  of  the  court,  or  judge, 
within  the  time  prescribed,  shall  cause  the  dismissal  of  the  action. 

The  security  for  costs  required  by  this  article  may  consist  of  a 
money  deposit,  bond  of  a  surety  company,  or  cost  bond  with  two 
or  more  good  and  sufficient  sureties;  the  form  of  such  security  to  be 
determined  by  the  judge  or  magistrate  of  the  court  before  whom 
the  proceedings  are  pending.  If  personal  security  is  furnished,  the 
sureties  must  be  residents  of  the  Canal  Zone,  and  no  officer  of  the 
court  or  attorney  practicing  before  the  court  shall  be  accepted  as 
surety. 

1023.  Bonds,  what  to  authorize. — All  bonds  given  as  security  for 
costs  shall  authorize  judgment  against  all  of  the  obligors  of  the 
said  bonds,  jointly  and  severally,  for  such  costs,  to  be  entered  in  the 
final  judgment  of  the  action  or  special  proceeding. 

1024.  Security  not  required  from  government. — No  security  for 
costs  shall  be  required  of  the  United  States,  the  Panama  Canal,  or 
any  of  its  dependencies  or  from  the  public  administrator. 

1025.  Security  by  intervenor  or  counterclaimant. — The  provi- 
sions of  this  article,  relating  to  security  for  costs,  shall  apply  to  an 
intervenor;  and  shall  also  apply  to  a  defendant  who  seeks  a  judg- 
ment against  the  plaintiff  on  a  counterclaim,  after  the  defendant 
shall  have  discontinued  his  action. 

1026.  Costs  secured  by  attachment  or  other  bond. — ^Vhen  the 
costs  are  secured  by  the  provisions  of  an  attachment  or  otlier  bond, 
filed  by  the  party  required  to  give  satisfactory  security  for  costs,  no 
further  security  shall  be  required. 

CHAPTER   18.— WRITS   OF  REVIEW,   MANDATE,   AND   PROHIBITION 


Art.  Sec. 

1.   Writ  of  iGViow 1031 

•-'.   Writ  of  mandate 1051 

a.  Writ  of  pro'.iibition 1071 


Art.  Sec. 

4.  Issuixnce,  return  and  hearing lOSl 

5.  Rules  of  practice 1091 


ARTICLE   1.— WRIT   OF   REVIEW 


Sec. 

10:U.  Writ  of  review  defined. 

1082.  Wlien   granted   by   district   court. 

1U38.   .\pplication  for  writ,  liow  made. 

1034.  The  writ  to  lie  directed  to  the  inferior 

tribunal,   etc. 
10.S5.  Contents  of  the  writ. 
1036.   Proceedinjis  in  inferior  court  may  be 

stayed,  or  not. 


Sec. 

]0;-!7.   Service   of  the  writ. 

103S.  The  review  under  tlie  writ,  extent  of. 

lO."!!).  A  defective  return  of  the  writ  may 
be  perfected;  hearing  and  judg- 
ment. 

1040.  Copy   of  the  Jndsmcnt  must  be  sent 

to   the  inferior   tribunal. 

1041.  Judgment  rolls. 


Section  1031.  Writ  of  review  defined. — The  writ  of  certiorari 
may  be  denominated  the  writ  of  review. 


468 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1039 

1032.  When  granted  by  district  court. — A  writ  of  review  may  be 
•rrantecl  by  the  district  court,  when  an  inferior  tribunal,  board,  or 
officer,  exercising  judicial  functions,  has  exceeded  the  jurisdiction  of 
such  tribunal,  board,  or  officer,  and  there  is  no  appeal,  nor,  in  the 
judgment  of  the  court,  any  plain,  speedy,  and  adequate  remedy. 

CEOSS-REarERENCES 

Extent  of  review  on  certiorari,  see  section  1038  of  this  title. 

Writ  may  be  madv^  returnalile  at  any  time,  see  section  lUSl  or'  tliis  title. 

Kules  of  praolice,  see  section  101>1  of  tliis  title. 

1033.  Application  for  writ,  how  made. — The  application  must  be 
made  on  the  verified  petition  of  the  party  beneficiall}^  interested,  and 
the  court  ma}-  require  a  notice  of  the  application  to  be  given  to  the 
adverse  party,  or  may  grant  an  order  to  show  cause  why  it  should 
not  be  allowed,  or  may  grant  the  writ  without  notice. 

1034.  The  writ  to  be  directed  to  the  inferior  tribunal,  etc. — The 

writ  may  be  directed  to  the  inferior  tribunal,  board,  or  officer,  or  to 
any  other  person  having  the  custody  of  the  record  or  proceedings  to 
be  certified.  When  directed  to  a  tribunal,  the  clerk,  if  there  be  one- 
must  return  the  writ  with  the  transcript  required. 

1035.  Contents  of  the  writ. — The  writ  of  review  must  command 
the  party  to  whom  it  is  directed  to  certify  fully  to  the  district  court, 
at  a  specified  time  and  place,  a  transcript  of  the  record  and  pro- 
ceedings (describing  or  referring  to  them  with  convenient  certainty), 
that  the  same  may  be  reviewed  by  the  court;  and  requiring  the 
party,  in  the  meantime,  to  desist  from  further  proceedings  in  the 
matter  to  be  reviewed. 

1036.  Proceedings  in  inferior  court  may  be  stayed,  or  not. — If  a 

stay  of  proceedings  be  not  intended,  the  words  reqtiiring  the  stay 
must  be  omitted  from  the  writ;  these  words  may  be  inserted  or 
omitted,  in  the  sound  discretion  of  the  court,  but  if  omitted,  the 
power  of  the  inferior  court  or  officer  is  not  suspended  or  the  pro- 
ceedings stayed. 

1037.  Service  of  the  writ. — The  writ  must  be  served  in  the  same 
manner  as  a  summons  in  a  civil  action,  except  when  otherwise  ex- 
pressly directed  by  the  court. 

Ckoss-Reference 

Service  of  summons,  see  sections  165  et  seq..  of  tliis  title. 

1038.  The  review  under  the  writ,  extent  of. — The  review  upon 
this  writ  cannot  be  extended  further  than  to  determine  whether  the 
inferior  tribunal,  board,  or  officer  has  regularly  pursued  the  author- 
ity of  such  tribunal,  board,  or  officer. 

1039.  A  defective  return  of  the  writ  may  be  perfected ;  hearing 
and  judgment. — If  the  return  of  the  writ  be  defective,  the  court 
may  order  a  further  return  to  be  made.  When  a  full  return  has 
been  made,  the  court  must  hear  the  parties,  or  such  of  them  as 


469 


T.  4,  §  1040] 


THE  CODE  OF  CIVIL  PROCEDURE 


may  attend  for  that  purpose,  and  may  thereupon  give  judgment, 
either  affirming  or  annulling,  or  modifying  the  proceedings  below. 

Cbos  s-Refeeence 

Hearing  of,  see  section  1081  of  this  title. 

1040.  Copy  of  the  judgment  must  be  sent  to  the  inferior 
tribunal. — A  copy  of  the  judgment,  signed  by  the  clerk,  must  be 
transmitted  to  the  inferior  tribunal,  board,  or  officer  having  the 
custody  of  the  record  or  proceedings  certified  up. 

1041.  Judgment  rolls. — A  copy  of  the  judgment,  signed  by  the 
clerk,  entered  upon  or  attached  to  the  writ  and  return,  constitute  the 
judgment  roll. 

ARTICLE  2.— WRIT  OF  MANDATE 


Sec. 
1051 
1052 
1053 
1054 


Sec. 

1056.  The  adverse  party  may  answer  under 
ontli. 

1057.  Applicant    not    precluded    by    answer 
from  objection  to  its  sufficiency. 

1058.  Hearings  liy  court. 

1059.  Recovery  of  damages  by  applicant. 
lOGO.   Service  of  the  writ. 
1061.   Penalty  for  disobedience  to  the  writ. 


Mandate  defined. 
When  issued  by  district  court. 
Writ,  when  and  upon  what  to  issue. 
Writ    may    be    either    alternative    or 

peremptory  ;   substance. 
1055.  If  the  application  be  without  notice, 

the    alternative    writ    may    issue, 

otherwise,   the  peremptory ;   notice 

and  default. 

1051.  Mandate  defined. — The  writ  of  mandamus  may  be  denomi- 
nated the  writ  of  mandate. 

1052.  When  issued  by  district  court. — It  may  be  issued  by  the 
district  court,  to  any  inferior  tribunal,  corporation,  board,  or  person, 
to  compel  the  performance  of  an  act  which  the  law  specially  enjoins, 
as  a  duty  resulting  from  an  office,  trust,  or  station;  or  to  compel 
the  admission  of  a  party  to  the  use  and  enjoyment  of  a  right  or 
office  to  which  he  is  entitled,  and  from  which  he  is  unlawfully 
precluded  by  such  inferior  tribunal,  corporation,  board,  or  person. 

Ceoss-Refeeences 

Hearing,  etc.,  nt  chambers,  see  section  27  of  this  title. 

Rules  of  practice,  see  section  1091  of  this  title. 

Returnable,  when  may  be  made,  see  section  1081  of  this  title. 

1053.  Writ,  when  and  upon  what  to  issue. — The  writ  must  be 
issued  in  all  cases  where  there  is  not  a  plain,  speedy,  and  adequate 
remedy,  in  the  ordinary  course  of  law.  It  must  be  issued  upon  the 
verified  petition  of  the  party  beneficially  interested. 

1054.  Writ  may  be  either  alternative  or  peremptory;  sub- 
stance.— The  writ  may  be  either  alternative  or  peremptory.  The 
alternative  writ  must  command  the  party  to  whom  it  is  directed 
immediately  after  the  receipt  of  the  writ,  or  at  some  other  specified 
time,  to  do  the  act  required  to  be  performed,  or  to  show  cause  before 
the  court  at  a  specified  time  and  place  why  he  has  not  done  so.  The 
peremptory  writ  must  be  in  a  similar  form,  except  that  the  words 
requiring  the  party  to  show  cause  why  he  has  not  done  as  commanded 
must  be  omitted  and  a  return-day  inserted. 

1055.  If  the  application  be  without  notice,  the  alternative  writ 
may  issue,  otherwise,  the  peremptory;  notice  and  default. — When 


470 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1060 

the  application  to  tlie  court  is  made  without  notice  to  the  adverse 
party,  and  the  writ  is  allowed,  the  alternative  must  be  first  issued: 
but  if  the  application  is  upon  due  notice  and  the  writ  is  allowed,  the 
peremptory  may  be  issued  in  the  first  instance.  With  the  alterna- 
tive writ  and  also  with  any  notice  of  an  intention  to  apply  for  the 
writ,  there  must  be  served  on  each  person  against  whom  the  writ  is 
sought  a  copy  of  the  petition.  The  notice  of  the  application,  when 
given,  must  be  at  least  ten  days.  The  writ  cannot  be  granted  by 
default.  The  case  must  be  heard  by  the  court,  whether  the  adverse 
party  appears  or  not. 

Cross-Refeebnces 

Hearing  of  writ,  time  of,  see  section  1081  of  this  title. 
Hearing  by  court,  see  section  1058  of  this  title. 

1056.  The   adverse   party   may   answer   under   oath. — On   the 

return  of  the  alternative,  or  the  day  on  which  the  application  for  the 
writ  is  noticed,  the  party  on  whom  the  Avrit  or  notice  has  been  served 
may  answer  the  petition  under  oath,  in  the  same  manner  as  an  answer 
to  a  complaint  in  a  civil  action. 

Cross-Refebence 

Answer,  see  section  221  of  this  title. 

1057.  Applicant  not  precluded  by  answer  from  objection  to  its 
sufficiency. — On  the  trial,  the  applicant  is  not  precluded  by  the 
answer  from  any  valid  objection  to  its  sufficiency,  and  may  counter- 
vail it  by  proof  either  in  direct  denial  or  by  way  of  avoidance. 

1058.  Hearings  by  court. — If  no  answer  be  made,  the  case  must 
be  heard  on  the  papers  of  the  applicant. 

Ceoss-Refeebnce 

Hearing  on  application,  see  section  1055  of  this  title. 

1059.  Recovery  of  damages  by  applicant. — If  judgment  be  given 
for  the  applicant,  he  may  recover  the  damages  which  he  has  sus- 
tained as  may  be  determined  by  the  court  or  referee,  upon  a  refer- 
ence to  be  ordered,  together  with  costs;  and  for  such  damages  and 
costs  an  execution  may  issue;  and  a  peremptory  mandate  must  also 
be  awarded  without  delay. 

Ceoss-Refekencb 

Costs,  see  sections  1001  et  seq.,  of  this  title. 

1060.  Sei^vice  of  the  writ. — The  writ  must  be  served  in  the  same 
manner  as  a  summons  in  a  civil  action,  except  Avhen  otherwise  ex- 
pressly directed  by  order  of  the  court.  Service  upon  a  majority  of 
the  members  of  any  board  or  body,  is  service  upon  the  board  or  body, 
whether  at  the  time  of  the  service  the  board  or  body  was  in  session 
or  not. 

Ceoss-Referencb 

Service  of  snmmons  see  sections  165  et  seq.,  of  this  title. 


471 


T.  4,  §  1061] 


THE  CODE  OF  CIVIL  PROCEDURE 


1061.  Penalty  for  disobedience  to  the  writ. — When  a  peremptory 
mandate  has  been  issued  and  directed  to  any  inferior  tribunal,  cor- 
poration, board,  or  person,  if  it  appear  to  the  court  that  any  member 
of  such  tribunal,  corporation,  or  board,  or  such  person  upon  whom 
the  writ  has  been  personally  served,  has,  without  just  excuse,  refused 
or  neglected  to  obey  the  same,  the  court  may,  upon  motion,  impose  a 
fine  of  not  more  than  $1,000.  In  case  of  persistence  in  a  refusal  of 
obedience,  the  court  may  order  the  party  to  be  imprisoned  until  the 
writ  is  obeyed,  and  may  make  any  orders  necessary  and  proper  for 
the  complete  enforcement  of  the  writ. 

Cross-Reference 

Contempt,  generally,  see  section  1163  of  this  title. 

ARTICLE  3.— WRIT  OF  PROHIBITION 


Sec. 

1074.  Certain    provisions    of    the    preceding 
article  applicable. 


Sec. 

1071.  Writ  of  prohjiiition  defined. 

1072.  Where  and   when  writ   issued. 

1073.  Writ    must    be    either    alternative 

peremptory  ;  form  of. 

1071.  Writ  of  prohibition  defined. — The  writ  of  prohibition  is 
the  counterpart  of  the  writ  of  mandate.  It  arrests  the  proceedings 
of  any  tribunal,  corporation,  board,  or  person  exercising  judicial 
functions,  when  such  proceedings  are  without  or  in  excess  of  the  juris- 
diction of  such  tribunal,  corporation,  board,  or  person. 

Ceoss-Refekence 
Mandate,  see  sections  1051  et  seq.,  of  this  title. 

1072.  Where  and  when  writ  issued. — It  may  be  issued  by  the 
district  court,  to  an  inferior  tribunal  or  to  a  corporation,  board,  or 
person,  in  all  cases  where  there  is  not  a  plain,  speedy,  and  adequate 
remedy  in  the  ordinary  course  of  law.  It  is  issued  upon  the  verified 
petition  of  the  person  beneficially  interested. 

Ceos  s-Reifeieen  ces 

When  writ  may  be  granted,  see  title  3,  sections  1^081  et  seq. 

Seal  necessary  to  writ,  see  section  25  of  this  title. 

Limitation  of  actions,  effect  of  prohibition  on,  see  section  107  of  this  title. 

1073.  Writ  must  be  either  alternative  or  peremptory;  form  of. — 

The  writ  must  be  either  alternative  or  peremptory.  The  alternative 
writ  must  command  the  partj^  to  whom  it  is  directed  to  desist  or 
refrain  from  further  proceedings  in  the  action  or  matter  specified 
therein,  until  the  further  order  of  the  district  court,  and  to  show 
cause  before  such  court,  at  a  specified  time  and  place,  why  such  party 
should  not  be  absolutely  restrained  from  any  further  proceedings  in 
such  action  or  matter.  The  peremi)tory  writ  must  be  in  a  similar 
form,  except  that  the  words  requiring  the  party  to  show  cause  why 
he  should  not  be  absolutely  restrained,  and  so  forth,  must  be  omitted, 
and  a  return  day  inserted. 

Cross-Reifeeence 

Compare  section  1054  of  this  title. 


472 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1102 

1074.  Certain  provisions  of  the  preceding  article  applicable. — 

The  provisions  of  sections  1055  to  1061  of  this  title  apply  to  this 
proceeding. 

ARTICLE  4.— ISSUANCE,  RETURN,  AND  liEAKING 

1081.  Writs  of  review,  mandate,  and  prohibition;  issuance,  re- 
turn, and  hearing. — Writs  of  review,  mandate,  and  prohibition 
issued  by  the  district  court,  may,  in  the  discretion  of  the  court,  be 
made  returnable,  and  a  hearing  thereon  be  had  at  any  time. 

Cross-References 

Mandate,  hearing  of,  see  sections   "Oi"  and  1058  of  tliis  title. 
Power  of  judge  at  chambers,  see  bo. lion  27  of  this  title. 
Review,  hearing  of,  see  section  1039  of  this  title. 

ARTICLE  5.— RULES    OF   PRACTICE 

1091.  Certain  preceding  chapters  applicable. — Except  as  other- 
wise provided  in  this  chapter,  the  provisions  of  chapters  4  to  16  of 
this  title  are  applicble  to  and  constitute  the  rules  of  practice  in  the 
proceedings  mentioned  in  this  chapter. 

Ckoss-Referencb 

Rules  of  practice,  see  sections  71  et  seq.,  of  this  title. 

CHAPTER  19.— SUMMARY  PROCEEDINGS 


Art.  Sec. 

1.  Confession    of    judgment    without 

action 1101 

2.  Submitting  a  controversy  without 

action 1111 

3.  Discharge    of   persons    imprisoned 

on  civil  process 1121 


Art.  Sec. 

4.  Summary  proceedings  for  obtain- 
ing possession  of  real  property 
in  certain  cases 1141 


ARTICLE  1.— CONFESSION  OF  JUDGMENT  WITHOUT  ACTION 


Sec.  1   Sec. 

1103.  Filing  statement  and  entering  judg- 
ment. 

1104.  Flow,  in  magistrates'  courts. 


1101.  Judgment  may  be  confessed  for  debt 

due  or  contingent  liability. 

1102.  Statement     in     writing,      and      '•  ..:iij 

thereof. 


Section  1101.  Judgment  may  be  confessed  for  debt  due  or  con- 
tingent liability. — A  judgment  b}  r.-nfession  may  be  entered  with- 
out action  either  for  money  due  or  to  become  due,  or  to  secure  any 
person  against  contingent  liability  on  behalf  of  the  defendant,  or 
both,  in  the  manner  prescribed  by  this  article.  Such  judgment  may 
be  entered  in  any  court  having  jurisdiction  for  like  amounts. 

Cross-References 

Judgment  by  confession,  in  magistrate's  court,  see  sections  791  and  1104  of 
this  title.  • 

Partner  has  no  power  to  confess  judgment,  see  title  3,  section  1763. 

1102.  Statement  in  writing,  and  form  thereof. — A  statement  in 

writing  must  be  made,  signed  by  the  defendant  and  verified  by  his 
oath,  to  the  following  effect : 

1.  It  must  authorize  the  entry  of  judgment  for  a  specified  sum; 

93083 — 34 31  473 


T.  4,  §  1103]  THE  CODE  OF  CIVIL  PROCEDURE 

2,  If  it  be  for  money  due,  or  to  become  due,  it  must  state  concisely 
the  facts  out  of  which  it  arose,  and  show  that  the  sum  confessed 
therefor  is  justly  due,  or  to  become  due; 

3.  If  it  be  for  the  purpose  of  securing  the  plaintiff  against  a  con- 
tingent liability,  it  must  state  concisely  the  facts  constituting  the 
liability,  and  show  that  the  sum  confessed  therefor  does  not  exceed 
the  same. 

1103.  Filing  statement  and  entering  judgment. — The  statement 
must  be  filed  with  the  clerk  of  the  district  court  if  the  judgment 
is  to  be  entered  in  that  court,  who  must  indorse  upon  it,  and  enter 
of  record,  a  judgment  of  such  court  for  the  amount  confessed,  with 
$10  costs.  The  statement  and  affidavit,  with  the  judgment  indorsed, 
thereupon  becomes  the  judgment  roll. 

1104.  How,    in   magistrates'   courts. — In   a   magistrate's   court, 

where  the  court  has  authority  to  enter  the  judgment,  the  statement 
may  be  filed  with  the  magistrate,  who  must  thereupon  enter  in  his 
docket  a  judgment  of  his  court  for  the  amount  confessed,  with  $3 
costs. 

Cboss-Referencb 

Magistrate's  court,  see,  also,  section  791  of  this  title. 

ARTICLE    2.— SUBMITTING    A    CONTROVERSY    WITHOUT    ACTION 

Sec.  I    Sec. 

1111.  Controversy,  how  submitted  without  |   1113.  Judgment    may    be   enforced    or    ap- 

action.  pealed  from  as  in  an  action. 

1112.  Judgment  on,  as  in  other  cases,  but 

without  costs  prior  to  notice  of  trial.   I 

1111.  Controversy,  how  submitted  without  action. — Parties  to  a 

question  in  difference,  which  might  be  the  subject  of  a  civil  action, 
may,  without  action,  agree  upon  a  case  containing  the  facts  upon 
which  the  controversy  depends,  and  present  a  submission  of  the  same 
to  any  court  which  would  have  jurisdiction  if  an  action  had  been 
brought ;  but  it  must  appear,  by  affidavit,  that  the  controversy  is  real 
and  the  proceedings  in  good  faith,  to  determine  the  rights  of  the 
parties.  The  court  must  thereupon  hear  and  determine  the  case,  and 
render  judgment  thereon,  as  if  an  action  were  depending. 

1112.  Judgment  on,  as  in  other  cases,  but  without  costs  prior 
to  notice  of  trial. — Judgment  must  be  entered  as  in  other  cases,  but 
without  costs  for  any  proceeding  prior  to  the  trial.  The  case,  the 
submission,  and  a  copy  of  the  judgment  constitute  the  judgment  roll. 

Cbos  8-Reference 

Judgment  roll,  see  section  547  of  this  title. 

1113.  Judgment  may  be  enforced  or  appealed  from  as  in  an 
action. — The  judgment  may  be  enforced  in  the  same  manner  as  if  it 
had  been  rendered  in  an  action,  and  is  in  the  same  manner  subject 
to  appeal. 

CaOSS-REFEmENCE 

Enforcement  of  judgment,  see  section  585  of  this  title. 


474 


THE  CODE  OP  CIVIL  PROCEDURE 


[T.  4,  §  1126 


ARTICLE  3.— DISCHARGE  OF  PERSONS  IMPRISONED  ON  CIVIL 

PROCESS 


Sec. 

1121.  Persons  confined  may  be  discharged. 

1122.  Notice   of   application    for   discharge 

from  prison. 

1123.  Service  of  notice. 

1124.  Examination  before  Judge. 

1125.  Interrogatories  may  be  in  writing. 

1126.  Oath  to  be  administered. 

1127.  Order  of  di.scbarge. 

1128.  If  not  dischaiged,  prisoner  may  again 

apply,  when. 


Sec-. 

1129.  Discliaige  final. 

li;'>0.  Judgment   remains  in   force. 

1131.  Plaintiff     may     order     discharge     of 

prisoner,  who  shall  not  thereafter 
be  liable  to  imprisonment  for  the 
same  cause  of  action. 

1132.  Plaintiff    to    advance    funds    for   sup- 

port of  prisoner. 


1121.  Persons  confined  may  be  discharged. — Any  person  confined 
in  jail,  on  an  execution  issued  on  a  judgment  rendered  in  a  civil 
action,  must  be  discharged  therefrom  upon  the  conditions  in  this 
article  specified. 

Cross-References 

Arrest  and  bail  in  civil  cases,  see  sections  291  et  seq.,  of  tliis  title. 
Vacation  of  order  of  arrest,  see  sections  315  and  316  of  this  title. 

1122.  Notice  of  application  for  discharge  from  prison. — Such 
person  must  cause  a  notice  in  writing  to  be  given  to  the  plaintitf, 
his  agent,  or  attorney,  that  at  a  certain  time  and  place  he  will  apply 
to  the  judge  of  the  district  court  for  the  purpose  of  obtaining  a  dis- 
charge from  his  imprisonment. 

Ckoss-References 

Notices,  see  sections  941  et  seq.,  of  this  title. 

Vacation  of  order  of  arrest,  see  sections  315  and  316  of  this  title. 

1123.  Service  of  notice. — Such  notice  must  be  served  upon  the 
plaintiff,  his  agent,  or  attorney,  one  day  at  least  before  the  hearing 
of  the  application. 

Cboss-Re^-ebence 

Service  of  notice,  see  section  946  of  this  title. 

1124.  Examination  before  judge. — At  the  time  and  place  speci- 
fied in  the  notice,  such  person  must  be  taken  before  such  judge,  who 
must  examine  him  under  oath  concerning  his  estate  and  property 
and  effects,  and  the  disposal  thereof,  and  his  ability  to  pay  the  judg- 
ment for  which  he  is  committed;  and  such  judge  may  also  hear  any 
other  legal  and  pertinent  evidence  that  may  be  produced  by  the 
debtor  or  the  creditor. 

1125.  Interrogatories  may  be  in  writing. — The  plaintiff  in  the 
action  may,  upon  such  examination,  propose  to  the  prisoner  any 
interrogatories  pertinent  to  the  inquiry,  and  they  must,  if  required 
by  him,  be  proposed  and  answered  in  writing,  and  the  answer  must 
be  signed  and  sworn  to  by  the  prisoner. 

1126.  Oath  to  be  administered. — If,  upon  the  examination,  the 
judge  is  satisfied  that  the  prisoner  is  entitled  to  his  discharge,  he 
must  administer  to  him  the  following  oath,  to  wit : 

I, ,  do  solemnly  swear  that  I  have  not  any 

estate,  real  or  personal,  to  the  amount  of  $50,  except  such  as  is 


475 


T.  4,  §1127]  THE  CODE  OF  CIVIL  PROCEDURE 

by  law  exempted  from  being  taken  in  execution ;  and-  that  I  have 
not  any  other  estate  now  conveyed  or  concealed,  or  in  any  way 
disposed  of,  witli  design  to  secure  the  same  to  my  use,  or  to 
hinder,  delay,  or  defraud  m}'-  creditors,  so  help  me  God. 

1127.  Order   of   discharge. — After   administering  the   oath,  the 

judge  must  issue  an  order  that  the  prisoner  be  discharged  from 
custod}^,  and  the  officer,  upon  the  service  of  such  order,  must  dis- 
charge the  prisoner  forthwith,  if  he  be  imprisoned  for  no  other 
cause. 

Cboss-Refeeences 

Vacation  of  order  of  arrest,  see  sections  315  and  316  of  this  title. 
Discliarge  on  order  of  plaintiff,  see  section  1131  of  this  title. 

1128.  If  not  discharged,  prisoner  may  again  apply,  when. — If 

such  judge  does  not  discliarge  the  prisoner,  he  may  apply  for  his 
discharge  at  the  end  of  every  succeeding  ten  days,  in  the  same 
manner  as  above  provided,  and  the  same  proceedings  must  thereupon 
be  had, 

1129.  Discharge  final. — The  prisoner,  after  being  so  discharged, 
is  forever  exempted  from  arrest  or  imprisonment  for  the  same  debt, 
unless  he  be  convicted  of  having  -willfully  sworn  falsely  upon  his 
examination  before  the  judge,  or  in  taking  the  oath  before  prescribed. 

Cross-Eefebence 

Discharge  on  order  of  plaintiff,  see  section  1131  of  this  title. 

1130.  Judgment  remains  in  force. — The  judgment  against  any 
prisoner  who  is  discharged  remains  in  full  force  against  any  estate 
which  may  then  or  at  any  time  afterward  belong  to  him,  and  the 
plaintiff  may  take  out  a  new  execution  against  the  goods  and  estate 
of  the  prisoner,  in  like  manner  as  if  he  had  never  been  committed. 

1131.  Plaintiff  may  order  discharge  of  prisoner,  who  shall  not 
thereafter  be  liable  to  imprisonment  for  the  same  cause  of 
action. — The  plaintiff  in  the  action  may  at  any  time  order  the  pris- 
oner to  be  discharged,  and  he  is  not  thereafter  liable  to  imprisonment 
for  the  same  cause  of  action. 

1132.  Plaintiff  to  advance  funds  for  support  of  prisoner. — When- 
ever a  person  is  committed  to  jail  on  an  execution  issued  on  a 
judgment  recovered  in  a  civil  action,  the  creditor,  his  agent,  or 
attorney  must  advance  to  the  jailer,  on  such  commitment,  sufficient 
money  for  the  support  of  the  prisoner  for  one  week,  and  must  make 
the  like  advance  for  every  successive  week  of  his  imprisonment;  and 
in  case  of  failure  to  do  so,  the  jailer  must  forthwith  discharge  such 
prisoner  from  custody,  and  such  discharge  has  the  same  effect  as  if 
made  by  order  of  the  creditor. 


476 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1143 


ARTICLE  4.— SUMMARY  PROCEEDINGS  FOR  OBTAINING  POSSESSION 
OF  REAL  PROPERTY  IN  CERTAIN  CASES 


Sec. 

1141.  Forcible  entry  defined. 

114i;.  Forcible  detainer  defined. 

Ii4;5.  Unlawful  detainer  defined. 

1144.  Service  of  notice. 

1145.  Parties  defendant. 
114G.  Parties  gonerall.v. 

1147.  Complaint,  what  to  contain. 

1 148.  Summons,  form  and  service  of. 

1149.  Arrest. 

M'lO.  Judgment  by  default. 

1151.  Defendant   may   appear,   etc. 


Sec. 

1152.  Sliowinj;  required  of  plaintiff  in  forc- 

ible entry  or  detainer ;  of  defend- 
ant. 

1153.  Complaint   must   be   amended   in    cer- 

tain   cases ;    continuance. 

1154.  Judgment,   what   it   shall   declare. 

1155.  Effect    of   an    appeal   upon    the   judg- 

ment. 

1156.  Rules  of  practice. 

1157.  Appeals,  how  taken,  etc. 

1158.  Relief  against  forfeiture  of  lease. 


1141.  Forcible  entry  defined. — Every  person  is  guilty  of  a  forci- 
ble entry  who  either — 

1.  By  breaking  open  doors,  windows,  or  other  parts  of  a  house, 
or  by  an}'  kind  of  violence  or  circumstance  of  terror  enters  upon  or 
into  any  real  property;  or 

2.  Who,  after  entering  peaceably  upon  real  property,  turns  out 
by  force,  threats,  or  menacing  conduct,  the  party  in  possession. 

Ckoss-References 

Exclusive  original  jurisdiction  of  magistrates'  courts,  see  title  7,  section  2. 
Parties  defendant,  see  sections  1145  and  1146  of  this  title. 

1142.  Forcible  detainer  defined. — Every  person  is  guilty  of  a 

forcible  detainer  who  either — 

1,  By  force,  or  by  menaces  and  threats  of  violence,  unlawfully 
holds  and  keeps  the  posses.sion  of  any  real  property,  whether  the 
same  was  acquired  peaceably  or  otherwise ;  or 

2.  Who,  in  the  nighttime,  or  during  the  absence  of  the  occupant 
of  any  lands,  unlawfully  enters  upon  real  property,  and  who,  after 
demand  made  for  the  surrender  thereof,  for  the  period  of  five  days, 
refuses  to  surrender  the  same  to  such  former  occupant. 

The  occupant  of  real  property,  within  the  meaning  of  this  article, 
is  one  who.  within  five  days  preceding  such  unlawful  entrj^,  was  in 
the  peaceable  and  undisturbed  possession  of  such  lands. 

1143.  Unlawful  detainer  defined. — A  tenant  of  real  property,  for 

a  term  less  than  life,  is  guilty  of  unlawful  detainer : 

1.  When  he  continues  in  possession,  in  person  or  by  subtenant, 
of  the  property,  or  any  part  thereof,  after  the  expiration  of  the 
term  for  which  it  is  let  to  him,  without  the  permission  of  his  land- 
lord, or  the  successor  in  estate  of  his  landlord,  if  any  there  be ;  but 
in  case  of  a  tenancy  at  will  it  must  first  be  terminated  by  notice,  as 
prescribed  in  Title  3,  The  Civil  Code. 

2.  When  he  continue,s  in  possession,  in  person  or  by  subtenant, 
without  the  permission  of  his  landlord,  or  the  successor  in  estate 
of  his  landlord,  if  any  there  be,  after  default  in  the  payment  of  rent, 
pursuant  to  the  lease  or  agreement  under  which  the  property  is 
held,  and  three  days'  notice,  in  writing,  requiring  its  payment  stat- 
ing the  amount  which  is  due,  or  possession  of  the  property,  shall  have 
been  served  upon  him  and  if  there  is  a  subtenant  in  actual  occupa- 
tion of  the  premises,  also  upon  such  subtenant. 

Such  notice  may  be  served  at  any  time  within  one  year  after  the 
rent  becomes  due. 


477 


T.  4,  §1144]  THE  CODE  OF  CIVIL  PROCEDURE 

8.  When  he  continues  in  posses,sion,  in  person  or  by  subtenant, 
after  a  neglect  or  faihire  to  perform  other  conditions  or  covenants 
of  the  lease  or  agreement  under  which  the  property  is  held,  includ- 
ing any  covenant  not  to  assign  or  sublet,  than  the  one  for  the  pay- 
ment of  rent,  and  three  days'  notice,  in  writing,  requiring  the  per- 
formance of  such  conditions  or  covenants,  or  the  possession  of  the 
property,  shall  have  been  served  upon  him,  and  if  there  is  a  sub- 
tenant in  actual  occupation  of  the  premises,  also,  upon  such  sub- 
tenant. Within  three  daj's  after  the  service  of  the  notice,  the  tenant, 
or  any  subtenant  in  actual  occupation  of  the  premises,  or  any  mort- 
gagee of  the  term,  or  other  person  interested  in  its  continuance,  may 
perform  the  condition,s  or  covenants  of  the  lease  or  pay  the  stipu- 
lated rent,  as  the  case  maj'-  be,  and  thereby  save  the  lease  from  for- 
feiture :  Provided,  That  if  the  conditions  and  covenants  of  the  lease, 
violated  by  the  lessee,  cannot  afterward  be  performed,  then  no  notice, 
as  last  prescribed  herein,  need  be  given  to  said  lessee  or  his  subtenant, 
demanding  the  performance  of  the  violated  conditions  or  covenants 
of  the  lease. 

A  tenant  may  take  proceedings,  similar  to  those  prescribed  in  this 
article,  to  obtain  possession  of  the  premises  let  to  a  subtenant,  in 
case  of  his  unlawful  detention  of  the  premises  underlet  to  him. 

4.  Any  tenant  or  subtenant  assigning  or  subletting  or  committing 
waste  upon  the  demised  premises,  contrary  to  the  conditions  or  cove- 
nants of  his  lease,  thereby  terminates  the  lease,  and  the  landlord,  or 
his  successor  in  estate,  shall  upon  service  of  three  days'  notice  to 
quit  upon  the  person  or  persons  in  possession,  be  entitled  to  restitu- 
tion of  possession  of  such  demised  premises  under  the  provisions  of 
this  article. 

1144.  Service  of  notice. — The  notices  required  by  the  next  preced- 
ing section  may  be  served,  either — 

1.  By  delivering  a  copy  to  the  tenant  personally;  or 

2.  If  he  be  absent  from  his  place  of  residence,  and  from  his  usual 
place  of  business,  by  leaving  a  copy  with  some  person  of  suitable  age 
and  discretion  at  either  place,  and  sending  a  copy  through  the  mail 
addressed  to  the  tenant  at  his  place  of  residence ;  or 

3.  If  such  place  of  residence  and  business  cannot  be  ascertained, 
or  a  person  of  suitable  age  or  discretion  there  cannot  be  found,  then 
by  affixing  a  copy  in  a  conspicuous  place  on  the  property,  and  also 
delivering  a  cojDy  to  a  person  there  residing,  if  such  person  can  be 
found;  and  also  sending  a  copy  through  the  mail  addressed  to  the 
tenant  at  the  place  where  the  property  is  situated.  Service  upon  a 
subtenant  may  be  made  in  the  same  manner. 

1145.  Parties  defendant. — No  person  other  than  the  tenant  of  the 
premises  and  subtenant,  if  there  be  one,  in  the  actual  occu})ation  of 
the  premises  when  the  complaint  is  filed,  need  be  made  parties  de- 
fendant in  the  proceeding,  nor  shall  an}^  proceeding  abate,  nor  the 
plaintiff  be  nonsuited  for  the  nonjoinder  of  any  person  who  might 
have  been  made  party  defendant,  but  when  it  appears  that  any  of 
the  parties  served  with  process,  or  appearing  in  the  proceeding,  are 
guilty  of  the  offense  charged,  judgment  must  be  rendered  against 
him.    In  case  a  defendant  has  become  a  subtenant  of  the  premises  in 

478 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1150 

controversy  after  the  service  of  the  notice  provided  for  by  part  2 
of  section  1143  of  this  title  upon  the  tenant  of  the  premises,  the  tact 
that  such  notice  Avas  not  served  on  each  subtenant  shall  constitute 
no  defense  to  the  action. 

In  case  a  married  woman  be  a  tenant,  or  a  subtenant,  her  coverture 
shall  constitute  no  defense;  but  in  case  her  husband  be  not  joined,  or 
unless  she  be  doing  business  as  a  sole  trader,  an  execution  issued  upon 
a  personal  judgment  against  her  can  only  be  enforced  against  prop- 
erty on  the  premises  at  the  commencement  of  the  action. 

All  persons  who  enter  the  premises  under  the  tenant,  after  the 
commencement  of  the  suit,  shall  be  bound  by  the  judgment,  the 
same  as  if  he  or  they  had  been  made  party  to  the  action. 

1146.  Parties  generally. — Except  as  provided  in  the  next  preced- 
ing section,  the  provisions  of  sections  121  to  145  of  this  title,  relating 
to  ^parties  to  civil  actions,  are  applicable  to  this  proceeding. 

1147.  Complaint,  what  to  contain.— The  plaintiff  in  his  com- 
plaint, which  shall  be  verified,  must  set  forth  the  facts  on  which  he 
seeks  to  recover,  and  describe  the  premises  with  reasonable  certainty, 
and  may  set  forth  therein  any  circumstances  of  fraud,  force,  or 
violence,  which  may  have  accompanied  the  alleged  forcible  entry 
or  forcible  or  unlawful  detainer,  and  claim  damages  therefor.  In 
case  the  unlawful  detainer  charged  is  after  default  m  the  payment 
of  rent,  the  complaint  must  state  the  amount  of  such  rent.  Upon 
filing  the  complaint,  a  summons  must  be  issued  thereon. 

Cross-Refekence 

Damages,  see  section  1154  of  this  title. 

1148.  Summons,  form  and  service  of.— The  summons  must  re- 
quire the  defendant  to  appear  and  answer  within  three  days  after 
the  service  of  the  summons  upon  him,  and  must  notify  him  that  if 
he  fails  to  so  appear  and  answer,  the  plaintiff  will  apply  to  the  court 
for  the  relief  demanded  in  the  complaint.  In  all  other  respects  the 
summons,  or  any  alias  summons  in  such  proceedings,  must  be  issued 
and  served  and  "returned  in  the  same  manner  as  summons  in  a  civil 
action. 

1149.  Arrest.— If  the  complaint  presented  establishes,  to  the  satis- 
faction of  the  magistrate,  fraud,  force,  or  violence,  in  the  entry  or 
detainer,  and  that  the  possession  held  is  unlawful,  he  may  make  an 
order  for  the  arrest  of  the  defendant. 

Cross-Refekence 

Arrest,   generally,  see   sections  731  et  seq.,   of  this  title. 

1150.  Judgment  by  default.— If,  at  the  time  appointed,  the  de- 
fendant do  not  appear  and  defend,  the  court  must  enter  his  default 
and  render  judgment  in  favor  of  the  plaintiff  as  prayed  for  in  the 
complaint. 

CrOSS-RE!FEEIENCE 

Judgment  by  default,  see  sections  761  and  762  of  this  title. 

479 


T.  4,  §1151]  THE  CODE  OF  CIVIL  PROCEDURE 

1151.  Defendant  may  appear,  etc. — On  or  before  the  day  fixed 

for  his  appearance,  the  defendant  may  appear  and  answer  or  demur. 

CltOSS-REFEBENCES 

Appearance,  generally,  see  section  945  of  this  title. 
Demurrer,  generally,  see  sections  714  et  seq.,  of  this  title. 

1152.  Shov/ing  required  of  plaintiff  in  forcible  entry  or  detainer; 
of  defendant. — On  the  trial  of  any  proceeding  for  any  forcible  entry 
or  forcible  detainer,  the  plaintiff  shall  only  be  required  to  show,  in 
addition  to  the  forcible  entry  or  forcible  detainer  complained  of, 
that  he  was  peaceably  in  the  actual  possession  at  the  time  of  the 
forcible  entry,  or  was  entitled  to  the  possession  at  the  time  of  the 
forcible  detainer.  Tlie  defendant  may  show  in  his  defense  that  he 
or  his  ancestors,  or  those  whose  interest  in  such  premises  he  claims, 
have  been  in  the  quiet  possession  thereof  for  the  space  of  one  whole 
year  together  next  before  the  commencement  of  the  proceedings,  and 
that  his  interest  therein  is  not  then  ended  or  determined;  and  such 
showing  is  a  bar  to  the  proceedings. 

CRoss-RrnrEBExcE 

Practice,  see  section  lloG  of  this  title. 

1153.  Complaint  must  be  amended  in  certain  cases;  continu- 
ance.— When,  upon  the  trial  of  any  proceeding  under  this  article, 
it  appears  from  the  evidence  that  the  defendant  has  been  guilty  of 
either  a  forcible  entry  or  a  forcible  or  unlawful  detainer,  and  other 
than  the  offense  charged  in  the  complaint,  the  magistrate  must  order 
that  such  complaint  be  forthwith  amended  to  conform  to  such 
proofs;  such  amendment  must  be  made  without  any  imposition  of 
terms.  No  continuance  shall  be  permitted  upon  account  of  such 
amendment  unless  the  defendant,  by  affidavit  filed,  shows  to  the 
satisfaction  of  the  court  good  cause  therefor. 

Cross-Re!feeences 

Amendment  of  pleadings,  generally,  see  section  7i'0  of  tliis  title. 
Continuance,  generally,  see  section  772  or"  tliis  title. 

1154.  Judgment,  what  it  shall  declare. — If  upon  the  trial  the 

finding  of  the  court  be  in  favor  of  the  plaintiff'  and  against  the 
defendant,  judgment  shall  be  entered  for  the  restitution  of  the  prem- 
ises ;  and  if  the  proceedings  be  for  an  unlawful  detainer  after  neglect 
or  failure  to  perform  the  conditions  or  covenants  of  the  lease  or 
agreement  under  which  the  property  is  held,  or  after  default  in  the 
payment  of  rent,  the  judgment  shall  also  declare  the  forfeiture  of 
such  lease  or  agreement. 

Assessment  of  daim.vges. — The  court  shall  also  assess  the  damages 
occasioned  to  the  plaintiff  by  any  forcible  entr3%  or  by  any  forcible  or 
unlawful  detainer,  alleged  in  the  complaint  and  proved  on  the  trial, 
and  find  the  amount  of  any  rent  due,  if  the  alleged  unlawf  id  detainer 
be  after  default  in  the  payment  of  rent.  Judgment  against  the  de- 
fendant guilty  of  the  forcible  entry,  or  forcible  or  unlawful  detainer, 
may  be  entered  in  the  discretion  of  the  court  either  for  the  amount 

480 


Till-:  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  H^iS 

of  the  (lanifioos  and  rent  fouiicl  duo,  or  for  throe  times  the  iimount 
so  found. 

Execution. — When  the  proceeding  is  for  an  unhiwfiil  detainer 
after  default  in  the  payment  of  rent,  and  the  lease  or  agreement 
under  ^Yhich  the  rent  is  payable  has  not  by  its  terms  expired,  execu- 
tion upon  the  judgment  shall  not  be  issued  until  the  expiration  of 
five  days  after  the  entry  of  the  judgment,  within  which  time  the 
tenant,  or  any  subtenant,  or  any  mortgagee  of  the  term,  or  any 
other  party  interested  in  its  continuance,  may  pay  into  court,  for 
the  landlord,  the  amount  found  due  as  rent,  with  interest  thereon, 
and  the  amount  of  the  damages  found  b}^  the  court  for  the  unlaw- 
ful detainer,  and  the  costs  of  the  proceedings,  and  thereupon  the 
judgment  shall  be  satisfied  and  the  tenant  be  restored  to  his  estate. 

Satisfaction  of  judgment. — But  if  payment  as  here  provided  be 
not  made  within  five  days,  the  judgment  may  be  enforced  for  its  full 
amount,  and  for  the  possession  of  the  premises.  In  all  other  cases 
the  judgment  may  be  enforced  immediately. 

Cross-References 

Stay  of  execution,  see  section  812  of  this  title. 
Relief  from  forfeiture,  see  section  1158  of  this  title. 

1155.  Effect  of  an  appeal  upon  the  judgment. — An  appeal  taken 
by  the  defendant  shall  not  stay  proceedings  upon  the  judgment  unless 
the  magistrate  before  whom  the  same  was  rendered  so  directs. 

Cross-Refebence 

Appeals,  see  sections  881  et  seq.,  of  this  title. 

1156.  Rules  of  practice. — Except  as  otherwise  provided  in  this 

article  the  provisions  of  chapters  4  to  16  of  this  title  are  applicable 
to,  and  constitute  the  rules  of  practice  in  the  proceedings  mentioned 
in  this  article. 

Cboss-Referekce 

Rules  of  practice,  see  sections  71  et  scq.,  of  this  title. 

1157.  Appeals,  how  taken,  etc. — The  provisions  of  sections  881 

to  891  of  this  title,  relative  to  appeals,  except  in  so  far  as  they  are 
inconsistent  with  the  provisions  of  this  article,  apply  to  the  proceed- 
ings mentioned  in  this  article. 

Cross-Reference 

Appeals,  see  sections  881  et  seq.,  of  this  title. 

1158.  Relief  against  forfeiture  of  lease. — The  court  may  relieve 

a  tenant  against  a  forfeiture  of  a  lease,  and  restore  him  to  his  former 
estate,  in  case  of  hardship,  where  application  for  such  relief  is  made 
within  thirty  days  after  the  forfeiture  is  declared  by  the  judgment 
of  the  court,  as  provided  in  section  1154  of  this  title.  The  applica- 
tion may  be  made  by  a  tenant  or  subtenant,  or  a  mortgagee  of  the 
term,  or  any  person  interested  in  the  continuance  of  the  term.  It 
must  be  made  upon  petition,  setting  forth  the  facts  upon  which  the 
relief  is  sought,  and  be  verified  by  the  applicant.     Notice  of  the 

481 


T,  4,  §  1161] 


TEE  CODE  OF  CIVIL  PROCEDURE 


application,  with  a  copy  of  the  petition,  must  be  served  on  the  plain- 
tiff in  the  judgment,  who  may  appear  and  contest  the  application. 
In  no  case  shall  the  application  be  granted  except  on  condition  that 
full  payment  of  rent  due,  or  full  performance  of  conditions  or 
covenants  stipulated,  so  far  as  the  same  is  practicable,  be  made. 

Cboss-Refeeb2sces 

Strict  construction  of  conditions  involving  forfeiture,  see  title  3,  section  699. 

Letter  may  forfeit  hiring  when,  see  title  3,  sections  1276  and  1277. 

Specific  or  preventive  relief  not  granted  to  enforce  forfeiture,  see  title  3, 
section  2684. 

Right  to  relief  from  forfeiture  on  making  full  compensation,  see  title  3. 
section  2612. 

CHAPTER  20.— CONTEMPTS 


Sec. 

116S.  Bail  bond,  form  and  conditions  of. 

1169.  Officer   must  return  warrant  and  un- 

dertaking, if  any. 

1170.  Hearing. 

1171.  Judgment  and  punishment,  if  guilty. 

1172.  If   the    contempt    is    the    omission    to 

perform   any   act,    the   person    may 
be    imprisoned    until    performance. 

1173.  If   a   party   fail   to    appear,    proceed- 

ings. 

1174.  Illness  sufficient  cause  for  nonappear- 

ance   of    party    arrested ;    conflne- 
ment  under  arrests  for  contempt. 


Sec. 

1161.  What  contempt  of  court  may  be  pun- 

ished summarily. 

1162.  Order  adjudging   guilt  under  preced- 

ing section. 

1163.  What    other    acts    are    contempts    of 

court. 

1164.  Affidavit    of    facts    constituting    con- 

tempt. 

1165.  A  warrant  of  attachment  may  issue, 

or  a  notice  to  show  cause. 

1166.  Bail   may   be  given   by  a   person  ar- 

rested under  such   warrant. 

1167.  Marshal  or  constable  must,   upon  ex- 

ecuting   the    warrant,    arrest    and 
detain  the  person  until  discharged. 

Section  1161.  What  contempt  of  court  may  be  punished  sum- 
marily.— A  person  guilty  of  misbehavior  in  the  presence  of  or  so 
near  a  court,  judge,  or  magistrate  as  to  obstruct  the  administration 
of  justice,  including  the  refusal  of  a  person  present  in  court  to  be 
sworn  as  a  witness  or  to  answer  as  a  witness  when  lawfully  required, 
shall  be  guilty  of  contempt,  which  the  court  may  punish  summarity. 
by  imprisonment  in  jail  for  not  more  than  ten  days,  or  by  a  fine  of 
not  more  than  $100,  or  by  both. 

Cross-references 

Powers  of  courts,  see  sections  23,  31,  and  32  of  this  title. 
Misbehavior  of  attorney,  see  section  52  of  this  title. 
Disobedience  of  witness,  see  sections  2046  to  2049  of  this  title. 

1162.  Order  adjudging-  guilt  under  preceding  section. — When  a 

contempt  under  the  next  preceding  section  is  committed,  an  order 
must  be  made,  reciting  the  facts  as  occurring  in  such  presence  or 
proximitj^,  adjudging  that  the  person  proceeded  against  is  thereby 
guilty  of  a  contempt,  and  that  he  be  punished  as  therein  prescribed. 

Cross-R  efb:ren  ces 

Disobedience  of  citation  in  matters  of  probate,  see  sections  1415,  1453,  and 
1454  of  this  title. 

Disobedience  of  witness,  see  sections  204G  to  20^19  of  this  title. 

Disobedience  of  mandate,  see  section  1061  of  this  title. 

Refusal  to  obey  order  for  inspection  of  writings,  see  section  921  of  this  title. 

Officer  taking  proof  of  instrument  may  punisli  for  contempt,  see  title  3, 
section  507. 

Misbehavior  of  attorney,  see  section  52  of  this  title. 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1168 

1163.  What  other  acts  are  contempts  of  court.— A  person  guilty 
of  any  of  the  following  acts  may  be  punished  as  for  contempt: 

1.  Disobedience  of  or  resistance  to  a  lawful  writ,  process,  order, 
judgment,  or  command  of  the  district  or  a  magistrate's  court,  or 
injunction  granted  by  the  district  court  or  judge; 

2.  Misbehavior  of  an  officer  of  a  court  in  the  performance  of  his 
official  duties,  or  in  his  official  transactions; 

8.  A  failure  to  obey  a  subpena  dul}^  served ; 

4.  The  rescue,  or  attempted  rescue  of  a  person  or  property  in  the 
custody  of  an  officer  by  virtue  of  an  order  or  process  of  a  court  held 
by  him. 

1164.  Affidavit  of  facts  constituting  contempt. — When  a  con- 
tempt under  the  next  preceding  section  is  committed,  an  affidavit  shall 
be  presented  to  the  court,  judge,  or  magistrate  of  the  facts  constitut- 
ing the  contempt, 

1165.  A  warrant  of  attachment  may  issue,  or  a  notice  to  show 
cause. — When  a  contempt  under  section  1163  of  this  title  is  com- 
mitted, a  warrant  of  attachment  may  be  issued  to  bring  the  person 
charged  to  answer,  or,  without  a  previous  arrest,  a  warrant  of  com- 
mitment may,  upon  notice,  or  upon  an  order  to  show  cause,  be 
granted ;  and  no  warrant  of  commitment  can  be  issued  without  sucli 
previous  attachment  to  answer,  or  such  notice  or  order  to  show  cause. 

Cross-Refbeence 

Service  of  papers  in  proceedings  for  contempt,  see  sections  946  and  947  of 
this  title. 

1166.  Bail  may  be  given  by  a  person  arrested  under  such  war- 
I'ant. — Whenever  a  warrant  of  attachment  is  issued,  pursuant  to  this 
chapter,  the  court,  judge,  or  magistrate  must  direct,  by  an  indorse- 
ment on  such  warrant,  that  the  person  charged  may  be  let  to  bail  for 
his  appearance,  in  an  amount  to  be  specified  in  such  indorsement. 

Cross-Eeferbnce 

Form  and  condition  of  bail  bond,  see  section  1168  of  this  title. 

1167.  Marshal  or  constable  must,  upon  executing  the  warrant, 
arrest  and  detain  the  person  until  discharged.— Upon  executing 

the  warrant  of  attachment,  the  marshal  or  constable  must  keep  the 
person  in  custody,  bring  him  before  the  court,  judge,  or  magistrate 
and  detain  him  until  an  order  be  made  in  the  premises,^  unless  the 
person  arrested  entitle  himself  to  be  discharged,  as  provided  in  the 
section  next  following. 

1168.  Bail  bond,  form  and  conditions  of. — When  a  direction  to  let 
the  person  arrested  to  bail  is  contained  in  the  warrant  of  attachment, 
or  indorsed  thereon,  he  must  be  discharged  from  the  arrest,  upon 
executing  and  delivering  to  the  officer,  at  any  time  before  the  return 
day  of  the  warrant,  a  written  undertaking,  with  two  sufficient  sure- 
ties, to  the  effect  that  the  person  arrested  will  appear  on  the  return 
of  the  warrant  and  abide  the  order  of  the  court,  judge,  or  magistrate 
thereupon ;  or  they  will  pay  as  may  be  directed,  the  sum  specified  in 
the  warrant. 

483 


T.  4,  §  1169] 


THE  CODE  OF  CIVIL  PROCEDURE 


1169.  OfiBcer  must  return  warrant  and  undertaking,  if  any.— 

The  officer  must  return  the  warrant  of  arrest  and  undertaking,  if  any, 
received  by  him  from  the  person  arrested,  by  the  return  day  siDecified 
therein. 

1170.  Hearing.— When  the  person  arrested  has  been  brought  up 
or  appeared,  the  court,  judge,  or  magistrate  must  proceed  to  investi- 
gate the  charge,  and  must  hear  any  answer  which  the  person  arrested 
may  make  to  the  same,  and  may  examine  witnesses  for  or  against 
him,  for  which  an  adjournment  may  be  had  from  time  to  time,  if 
necessary. 

1171.  Judgment  and  punishment,  if  guilty.— The  court  shall  de- 
termine whether  the  accused  is  guilty  of  contempt,  and,  if  he  is 
adjudged  guilty,  he  may  be  hned  not  more  than  $100,  or  imprisoned 
for  not  more  than  ten  days,  or  both.  If  the  contempt  consists  in  the 
violation  of  an  injunction,  the  person  guilty  of  such  contempt  may 
also  be  ordered  to  make  complete  restitution  to  the  party  injured  by 
such  violation. 

1172.  If  the  contempt  is  the  omission  to  perform  any  act,  the 
person  may  be  imprisoned  until  performance, — When  the  contempt 
consists  in  the  omission  to  perform  an  act  which  is  yet  in  the  power 
of  the  person  to  perform,  he  may  be  imprisoned  until  he  has  per- 
formed it,  and  in  that  case  the  act  must  be  specified  in  the  warrant 
of  commitment. 

Cross-Rf;ference 

Executor  or  administrator,  contempt,  soe  section  1415  of  this  title. 

1173.  If  a  party  fail  to  appear,  proceedings. — When  the  warrant 

of  arrest  has  been  returned  served,  if  the  person  arrested  do  not 
appear  on  the  return  day,  the  court,  judge,  or  magistrate  may  issue 
another  warrant  of  arrest,  or  may  order  the  undertaking  to  be  prose- 
cuted, or  both.  If  the  undertaking  be  prosecuted,  the  measure  of 
damages  in  the  action  is  the  extent  of  the  loss  or  injury  sustained  by 
the  aggrieved  party  by  reason  of  the  misconduct  for  which  the  war- 
rant Avas  issued,  and  the  costs  of  the  proceeding. 

1174.  Illness  sufficient  cause  for  nonappearance  of  party  ar- 
rested; confinement  under  arrests  for  contempt. — Whenever,  by 
the  provisions  of  this  chapter,  an  officer  is  required  to  keep  a  person 
arrested  on  a  warrant  of  attachment  in  custody,  and  to  bring  him 
before  a  court,  judge,  or  magistrate,  the  inability,  from  illness  or 
otherwise,  of  the  person  to  attend,  is  a  sufficient  excuse  for  not  bring- 
ing him  up ;  and  the  officer  must  not  confine  a  person  arrested  upon 
the  warrant  in  jail,  or  otherwise  restrain  him  of  personal  liberty, 
except  so  far  as  may  be  necessary  to  secure  his  personal  attendance. 

CHAPTER  21.— ESCHEAT  OF  PROPERTY 


Spc. 

1181.  When  property  escheats. 

1182.  Action   to  determine  right  of  United 

States  to  escheated   property. 

1183.  Appearance,     pleadings,     and     judg- 

ment. 


Sec. 

1184.  Claim   to  esrhoatod  property. 

1185.  Proceeds    of   property    to    be 

into  Treasury. 


covered 


Section  1181.  When  property  escheats. — If  an  intestate  dec  edent 
leaves  no  husband,   wife,  or  kindred,  and   there   are  no  heirs  to 


484 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1182 

take  his  estate  or  any  portion  thereof,  under  subdivision  8  of  section 
633  of  title  3,  or  if  any  person  dies  leaving  any  property  in  his 
estate  not  disposed  of  by  will,  and  there  are  no  persons  entitled  to 
succeed  thereto  under  the  laws  of  the  Canal  Zone,  the  same  shall 
escheat  to  the  United  States. 

Cboss-Referknces 

When  property  escheats,  see  also  title  3,  section  633. 

Unclaimed  property  taken  by  succession  by  alien  escheats,  see  title  3,  sections 
2G3,  (551. 

Money  deposited  with  collector  to  pay  ohiini  a,t;ainst  decedent,  see  section 
1494  of 'this  title. 

Failure  of  heirs  to  appear,  as  basis  for  jucTcrmeut  on  behalf  of  United  States, 
see  section  11S2  of  this  title. 

1182.  Action  to  determine  light  of  United  States  to  escheated 
property. — Whenever  the  district  attorney  is  informed  that  any 
estate  has  escheated  or  is  about  to  esclioat  to  the  United  States  or  that 
the  property  involved  in  an}^  action  or  special  proceeding  has  es- 
cheated or  is  about  to  escheat  to  the  United  States,  he  may  commence 
an  action  on  behalf  of  the  United  States  to  determine  its  rights  to 
said  property  or  may  intervene  on  its  behalf  in  any  action  or  special 
proceeding  affecting  any  such  estate  and  contest  the  rights  of  any 
claimant  or  claimants  thereto.  Such  action  shall  be  commenced  bj^ 
filing  a  petition. 

Description  of  property. — There  shall  be  set  forth  in  such  petition 
a  description  of  the  property,  the  name  of  the  person  last  possessed 
thereof,  the  name  of  the  person,  if  any,  claiming  such  property,  or 
any  portion  thereof,  and  the  facts  and  circumstances  by  virtue  of 
which  it  is  claimed  the  property  has  escheated. 

Order  requiring  interested  parties  to  appear. — Upon  the  filing 
of  such  petition,  the  court  must  make  an  order  requiring  all  per- 
sons interested  in  the  estate  to  appear  and  show  cause,  if  any  there 
be,  within  sixty  days  from  the  date  of  the  order,  why  such  estate 
should  not  vest  in  the  United  States.  Notice  of  such  order  must 
be  given  by  posting  in  three  public  places  in  the  Canal  Zone  for 
four  successive  weeks  prior  to  the  date  set  for  the  hearing.  Upon 
the  giving  of  such  notice  the  court  shall  have  full  and  complete 
jurisdiction  over  the  estate,  the  property,  and  the  person  of  every- 
one having  or  claiming  any  interest  in  the  said  property,  and  shall 
have  full  and  complete  jurisdiction  to  hear  and  determine  the 
issues  therein,  and  render  the  appropriate  judgment  thereon. 

Custody  of  such  property. — The  property  in  such  estates  shall,  in 
the  discretion  of  the  court,  be  sold  in  the  manner  provided  in  chapters 
23  to  36  of  this  title  for  the  sale  of  property  of  a  decedent's  estate, 
and  the  proceeds  deposited  with  the  collector  of  the  Panama  Canal, 
to  be  held  for  a  period  of  five  years  from  the  date  of  the  judgment 
under  section  1183  of  this  title. 

Joinder  of  parties  and  actions. — In  any  proceeding  brought  by 
the  district  attorney  under  this  chapter  any  two  or  more  causes  of 
action  may  be  joined  in  the  same  proceeding  and  in  the  same  peti- 
tion without  being  separately  stated,  and  it  shall  be  sufficient  to  allege 
in  the  petition  thafe  the  decedent  left  no  heirs  to  take  the  estate  and 
the  failure  of  the  heirs  to  appear  and  set  up  their  claims  in  any  such 

485 


T.  4,  §  1183]  THE  CODE  OF  CIVIL  PROCEDURE 

proceeding,  or  in  anj'^  proceeding  for  the  administration  of  such 
estate,  shall  be  sufficient  proof  upon  which  to  base  the  judgment  in 
any  such  proceeding  or  such  decree  of  distribution. 

1183.  Appearance,  pleadings,  and  judgment, — All  persons  named 

in  the  petition  may  appear  and  answer,  and  traverse  or  deny  the 
facts  stated  therein  at  any  time  before  the  time  for  answering  ex- 
pires, and  any  other  person  claiming  an  interest  in  such  estate  may 
appear  and  be  made  a  defendant,  by  motion  for  that  purpose  in 
open  court  within  the  time  alloAved  for  answering,  and  if  no  such 
person  appears  and  answers  within  the  time,  then  judgment  must  be 
rendered  that  the  United  States  is  the  owner  of  the  property  in  such 
petition  claimed; 

But  if  any  person  appears  and  denies  the  title  set  up  by  the  United 
States,  or  traverses  any  material  fact  set  forth  in  the  petition,  the 
issue  of  fact  must  be  tried  as  issues  of  fact  are  tried  in  civil  actions. 

If,  after  the  issues  are  tried,  it  appears  from  the  facts  found  or 
admitted  that  the  United  States  has  good  title  to  the  property  in 
the  petition  mentioned,  or  any  part  thereof,  judgment  must  be  ren- 
dered that  the  United  States  is  the  owner  and  entitled  to  the  posses- 
sion thereof. 

Cross-references 

Appearance,  see  section  945  of  tbis  title. 
Answer,  see  section  221  of  this  title. 
Jud,e:nient,  see  sections  421  and  541  of  this  title. 
Trial,  see  sections  441  et  seq.,  of  this  title. 
Issues  of  fact,  see  section  433  of  this  title. 

1184.  Claim   to   escheated   property. — Within   five   years   after 

judgment  in  any  proceeding  had  under  this  chapter,  a  person  not  a 
party  or  privy  to  such  proceeding  may  file  a  petition  in  the  district 
court,  showing  his  claim  or  right  to  the  property,  or  the  proceeds 
thereof. 

Said  petition  shall  be  verified,  and,  among  other  things,  must  state 
the  full  name  and  the  place  and  date  oi  birth  of  the  decedent ; 
whether  or  not  such  decedent  was  ever  married,  and  if  so,  where, 
when,  and  to  whom;  how,  when,  and  where  such  marriage,  if  any, 
was  dissolved ;  whether  or  not  said  decedent  was  ever  remarried,  and, 
if  so,  where,  when,  and  to  whom;  the  full  names  and  the  dates  of 
birth  of  lineal  descendants  and  ascendants  and  of  all  other  known 
heirs,  and  the  names  and  places  of  residence  of  all  who  are  then  sur- 
viving; and  such  other  information  as  may  be  required  by  the  court. 
If  for  any  reason  the  petitioner  is  unable  to  set  forth  any  of  the 
matters  or  things  hereinabove  required,  he  shall  clearly  state  such 
reason  in  his  petition. 

A  copy  of  such  petition  must  be  served  on  the  district  attorney  at 
least  twenty  days  before  the  hearing  of  the  petition,  who  must 
answer  the  same ; 

And  the  court  must  thereuix)n  try  the  issue  as  issues  are  tried  in 
civil  actions,  and  if  it  is  determined  that  such  person  is  entitled  to 
the  property,  or  the  proceeds  thereof,  it  must  order  the  property,  if 
it  has  not  been  sold,  to  be  delivered  to  him,  or  if  it  has  been  sold 
and  the  proceeds  paid  to  the  collector  of  the  Panama  Canal,  then  it 
must  order  the  collector  to  pay  the  same. 

4S6 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1193 

All  persons  who  fail  to  appear  and  file  their  petitions  within  the 
time  limited  are  forever  barred. 

Cross-Refebence 
Disabilities  affecting  statute  of  limitations,  see  section  103  of  tliis  title. 

1185.  Proceeds  of  property  to  be  covered  into  Treasury. — If  no 

claim  to  the  property  or  the  proceeds  thereof  is  filed  within  the  time 
specified  in  the  next  preceding  section,  the  court  may,  on  appli- 
cation of  the  district  attorney,  direct  that  the  proceeds  be  covered 
into  the  Treasury  of  the  United  States  as  miscellaneous  receipts. 

CHAPTER  22.— CHANGE  OF  NAMES 


Sec. 

1191.  Jurisdiction. 

1192.  Application  to  change  name,  made  to 

di.strict    court. 


See. 

1193.  Order  to  show  cause;  publication  of 
oMer  ;  proof  of  publication. 


Section  1191.  Jurisdiction. — Applications  for  change  of  names 
must  be  heard  and  determined  by  the  district  court. 

Ckoss-Refebence 
Change  of  name  of  partnership  as  notice  of  dissolution,  see  title  3,  section  1796, 

1192.  Application  to  change  name,  made  to  district  court. — All 

applications  for  change  of  names  must  be  made  to  the  division  of 
the  district  court  where  the  person  whose  name  is  proposed  to  be 
changed  resides,  by  petition,  signed  by  such  person;  and  if  such 
person  is  under  twenty-one  years  of  age,  if  a  male,  and  under  eighteen 
years  of  age,  if  a  female,  hy  one  of  the  parents,  if  living,  or  if  both 
be  dead,  then  by  the  guardian ;  and  if  there  be  no  guardian,  then  by 
some  near  relative  or  friend. 

The  petition  must  specify  the  place  of  birth  and  residence  of  such 
person,  his  or  her  present  name,  the  name  proposed,  and  the  reason 
tor  such  change  of  name,  and  must,  if  the  father  of  such  person  be 
not  living,  name,  so  far  as  knoAvn  to  the  petitioner,  the  near  relatives 
of  such  person,  and  their  places  of  residence. 

1193.  Order  to  show  cause;  publication  of  order;  proof  of  pub- 
lication.— Upon  the  filing  of  the  said  petition  the  court  shall  there- 
upon make  an  order  reciting  the  filing  of  the  application,  the  name 
of  the  person  by  whom  it  is  filed  and  the  name  proposed,  and  di- 
recting all  persons  interested  in  said  matter  to  appear  before  the 
court,  at  a  time  and  place  specified,  not  less  than  four  or  more  than 
eight  weeks  from  the  time  of  making  such  order,  to  show  cause  why 
the  application  for  change  of  name  should  not  be  granted.  A  copy 
of  the  order  to  show  cause  shall  be  posted  by  the  clerk  of  the  court 
in  three  of  the  most  public  places  in  the  division  in  which  the  court 
is  held,  for  a  period  of  four  successive  weeks.  Proof  must  be  made 
to  the  satisfaction  of  the  court,  of  such  posting,  at  the  time  of  the 
hearing  of  the  application. 


487 


T.  4,  §1201] 


THE  CODE  OF  CIVIL  PROCEDURE 


CHAPTER  23. 


Sec. 


-JURISDICTION  OF  DISTRICT  COURT  OVER  ESTATES 
OF  DECEDENTS 


1201.  Jurisdiction  of  district  court  over  the 
estate. 


I   Sec. 
1202.  Wlitn    jurisdiction    of   district    court 
over    estate    decided    by    first    ap- 
plication. 

Section  1201.  Jurisdiction  of  district  court  over  the  estate. — 

AVills  must  be  proved,  and  letters  testamentary  or  of  administration 
granted — 

1.  In  the  division  of  the  district  court  of  which  the  decedent  was 
a  resident  at  the  time  of  his  death,  in  whatever  place  he  may  have 
died ; 

2.  In  the  division  in  which  the  decedent  may  have  died,  leaving 
estate  therein,  he  not  being  a  resident  of  the  Canal  Zone; 

3.  In  the  division  in  which  any  part  of  the  estate  may  be,  the 
decedent  having  died  out  of  the  Canal  Zone,  and  not  having  been  a 
resident  thereot  at  the  time  of  his  death ; 

4.  In  the  division  in  which  any  part  of  the  estate  may  be,  the 
decedent  not  being  a  resident  of  the  Canal  Zone,  and  not  leaving 
estate  in  the  division  in  which  he  died ; 

5.  In  all  other  cases,  in  the  division  where  application  for  letters 
is  first  made : 

Provided,  however,  That  all  matters  of  probate  handled  by  the 
public  administrator  may  be  conducted  in  the  Balboa  division, 
regardless  of  the  residence  of  the  decedent  or  the  location  of  the 
estate. 

1202.  When  jurisdiction  of  district  court  over  estate  decided  by 
first  application. — Wlien  the  estate  of  the  decedent  is  in  more  than 
one  division,  he  having  died  out  of  the  Canal  Zone,  and  not  having 
been  a  resident  thereof  at  the  time  of  his  death,  or  being  such  non- 
resident, and  dying  within  the  Canal  Zone,  and  not  leaving  estate 
in  the  division  where  he  died,  the  division  of  the  district  court 
in  which  application  is  first  made,  for  letters  testamentary  or  of  ad- 
ministration, has  exclusive  jurisdiction  of  the  settlement  of  the  estate. 

CHAPTER  24.— PROBATE  OF  WILLS 


Art.  Sec. 

1.  Petition,  notice  and  proof 1211 

2.  Contesting  probate  of  will 1281 

3.  Probate  of  foreign  wills 1:'41 


Art.  Sec. 

4.  Conte.sting  will  after  probate 1251 

.5.  Probate  of  lost  or  destroyed  will-  1261 

6.  Probate  of  nuncupative  will 1271 


ARTICLE  1.— PETITION,  NOTICE  AND  PROOF 


Sec. 

1211.  Custodian  of  will  to  deliver  same  to 

whom  ;   penalty. 

1212.  Who    may    petition     for    probnte    of 

will. 

1213.  What    petition    for    prohate    of    will 

must   sbow. 

1214.  When  executor  forfeits   right  to  let- 

ters. 

1215.  Possession    of   will   by   third   person  ; 

production   of. 

1216.  Notice    of    petition     for    probate    of 

wills,   how  given. 

1217.  Notlflcatiou    of    time    for    probate    of 

will. 


Sec. 

1218.  Order  to  enforce  production  of  wills 

or   attendance  of  witnesses. 

1219.  Hearing  proof  of  will  after  proof  of 

service   of   notice. 

1220.  Who    may    appear    and    contest    the 

will. 

1221.  Probate  of   wills    not   contested. 

1222.  Clerk's  record. 

1223.  Olographic   wills. 

1224.  Probate     of     will     detained     outside 

Canal  Zone. 


Section  1211.  Custodian  of  will  to  deliver  same  to  whom;  pen- 
alty.— Every  custodian  of  a  will,  within  thirty  days  after  receipt  of 


488 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1215 

information  that  the  maker  thereof  is  dead,  must  deliver  the  same 
to  the  division  of  the  district  court  having  jurisdiction  oi'  the  estate, 
or  to  the  executor  named  therein.  A  failure  to  comply  with  the 
provisions  of  this  section  makes  the  person  failing  responsible  for 
all  damages  sustained  by  anyone  injured  thereby. 

CROSa-REFEKENCE 

Commitment  for  failure  to  produce  will,  see  section  1215  of  this  title. 

1212.  Who  may  petition  for  probate  of  will. — Any  executor,  de- 
visee, or  legatee  named  in  any  will,  or  any  other  person  interested 
in  the  estate,  may,  at  any  time  after  the  death  of  the  testator,  petition 
the  division  of  the  court  having  jurisdiction  to  have  the  will  proved, 
whether  the  same  be  in  writing,  in  his  possession  or  not,  or  is  lost  or 
destroyed,  or  beyond  the  jurisdiction  of  the  Canal  Zone,  or  a 
nuncupative  will. 

CROSS-ReFEPvENCES 

Probate  of  foreign  wills,  see  sections  1241  et  seq.,  of  this  title. 

Probate  of  lost  or  destroyed  will,  see  sections  1261  et  seq.,  of  this  title. 

Probate  of  foreign  wills,  see  sections  1241  et  seq..  of  this  title. 

1213.  What  petition  for  probate  of  will  must  show. — A  petition 

for  the  probate  of  a  will  must  show : 

1.  The  jurisdictional  facts; 

2.  Whether  the  person  named  as  executor  consents  to  act,  or 
renounces  his  right  to  letters  testamentary; 

3.  The  names,  ages,  and  residences  of  the  heirs,  legatees,  and 
deAdsees  of  the  decedent,  so  far  as  known  to  the  petitioner; 

4.  The  probable  value  and  character  of  the  property  of  the  estate; 

5.  The  name  of  the  person  for  whom  letters  testamentary  are 
prayed. 

No  defect  of  form  or  in  the  statement  of  jurisdictional  facts 
actually  existing,  shall  make  void  the  probate  of  a  will. 

CROSS-REFEIiENCES 

Probate  of  foreign  wills,  see  sections  1241  et  seq.,  of  this  title. 
Probate  of  lost  or  destroyed  will,  see  sections  1261  et  seq.,  of  this  title. 
Probate  of  nuncupative  will,  see  sections  1271  et  seq.,  of  this  title. 

1214.  When  executor  forfeits  right  to  letters. — If  the  person 
named  in  a  will  as  executor,  for  thirty  days  after  he  has  Icnowledge 
of  the  death  of  the  testator,  and  that  he  is  named  as  executor,  fails 
to  petition  the  proper  division  of  the  court  for  the  probate  of  the 
will,  and  that  letters  testamentary  be  issued  to  him,  he  msij  be  held 
to  have  renounced  his  right  to  letters,  and  the  court  may  appoint 
any  other  competent  person  administrator,  unless  good  cause  for 
delay  is  shown. 

Cross  REtFERENCE 

Failure  to  apply  for  letters  or  qualify,  see  section  1284  of  this  title. 

1215.  Possession  of  will  by  third  person;  production  of. — If  it  is 

alleged  in  any  petition  that  any  will  is  in  the  possession  of  a  third 
person,  and  the  court  is  satisfied  that  the  allegation  is  correct,  an 
order  must  be  issued  and  served  upon  the  person  having  possession 

93083—34 32  489 


T.  4,  §1216]  THE  CODE  OF  CIVIL  PROCEDURE 

of  the  will,  requiring  him  to  produce  it  at  a  time  named  in  the  order. 
If  he  has  possession  of  the  will  and  neglects  or  refuses  to  produce  it 
in  obedience  to  the  order,  he  may  by  warrant  from  the  court  be  com- 
mitted to  jail,  and  be  kept  in  close  confinement  until  he  produces  it. 

Cboss-Refeeences 

Probate  orders  and  citations,  see  sections  1681  to  1687  of  this  title. 
Imprisonment  until  order  obeyed,  see  section  1172  of  this  title. 
Duty  to  produce  will,  see  section  1211  of  this  title. 

1216.  Notice  of  petition  for  probate  of  wills,  how  given. — When 

the  petition  is  filed,  and  the  will  produced,  the  clerk  of  the  court  must 
set  the  petition  for  hearing  by  the  court  upon  some  day  not  less  than 
ten  nor  more  than  thirty  days  from  the  production  of  the  will. 
Notice  of  the  hearing  shall  be  given  by  such  clerk  by  publishing  the 
same  in  a  newspaper  of  general  circulation  in  the  Canal  Zone.  If 
the  notice  is  published  in  a  weekly  newspaper,  it  must  appear  therein 
on  at  least  three  different  days  of  publication ;  and  if  in  a  newspaper 
published  oftener  than  once  a  week,  it  shall  be  so  published  that  there 
must  be  at  least  ten  days  from  the  first  to  the  last  day  of  publication, 
both  the  first  and  the  last  day  being  included. 

Cross-references 

Publication  of  notice,  see  section  1682  of  this  title. 

Proof  of  notice,  see  section  1219  of  this  title. 

Affidavit  of  publication,  see  sections  2072  and  2073  of  this  title. 

1217.  Notification  of  time  for  probate  of  will. — Copies  of  the 

notice  of  the  time  appointed  for  the  probate  of  the  will  must  be 
addressed  to  the  heirs  of  the  testator  and  the  devisees  and  legatees 
named  in  the  will  at  their  places  of  residence,  if  known  to  the  peti- 
tioner, and  deposited  in  the  post  office,  at  least  ten  days  before  the 
hearing.  If  their  places  of  residence  be  not  known,  the  copies  of 
notice  may  be  addressed  to  them,  and  deposited  in  the  post  office  at 
the  place  where  the  proceedings  are  pending.  A  copy  of  the  same 
notice  must  in  like  manner  be  mailed  to  the  person  named  as  executor, 
if  he  be  not  the  petitioner;  also,  to  any  person  named  as  coexecutor 
not  petitioning,  if  their  places  of  residence  be  known.  Proof  of  mail- 
ing the  copies  of  the  notice  must  be  made  at  the  hearing.  Personal 
service  of  copies  of  the  notice  at  least  ten  days  before  the  day  of 
hearing  is  equivalent  to  mailing. 

1218.  Order  to  enforce  production  of  wills  or  attendance  of  wit- 
nesses.— The  judge  of  the  district  court  may  at  any  time  make  and 
issue  all  necessary  orders  and  writs  to  enforce  the  production  of  wills 
and  the  attendance  of  witnesses. 

Cross-references 

Probate  powers  at  chambers,  see  sections  27  and  30  of  this  title ;  anil  title  7, 
section  31. 

Probate  orders  and  processes,  see  sections  1681  et  seq.,  of  this  title. 

1219.  Hearing  proof  of  will  after  proof  of  service  of  notice. — At 

the  time  appointed  for  the  hearing,  or  the  time  to  which  the  hearing 
may  have  been  postponed,  the  court,  unless  the  parties  appear,  must 

4U0 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1224 

require  proof  that  the  notice  has  been  given,  which  being  made,  the 
court  must  hear  testimony  in  proof  of  the  will. 

CbOS  S-ReFEBETV  CE 

Testimony  iu  proof  of  will,  see  sections  1221,  1223,  1234,  and  1235  of  this  title. 

1220.  Who  may  appear  and  contest  the  will. — Any  person  inter- 
ested may  appear  and  contest  the  will.  Devisees,  legatees,  or  heirs 
of  an  estate  may  contest  the  will  through  their  guardians,  or  attor- 
neys appointed  by  themselves  or  by  the  court  for  that  purpose;  but 
a  contest  made  by  an  attorney  appointed  by  the  court  does  not  bar 
a  contest  after  probate  by  the  party  so  represented,  if  commenced 
within  the  time  provided  in  section  1251  of  this  title;  nor  does  the 
nonappointment  of  an  attorney  by  the  court  of  itself  invalidate  the 
probate  of  a  will. 

CBOSS-REjFEREN  CES 

Contest,  see  sections  1231  et  seq.,  of  this  title. 

Guardians,  see  sections  127,  128,  and  1721  et  seq.,  of  this  title. 

1221.  Probate  of  wills  not  contested. — If  no  person  appears  to 
contest  the  probate  of  a  will,  the  court  may  admit  it  to  probate  on 
the  testimony  of  one  of  the  subscribing  witnesses  only,  if  he  testifies 
that  the  will  was  executed  in  all  particulars  as  required  by  law,  and 
that  the  testator  was  of  sound  mind  at  the  time  of  its  execution.  If  it 
appears  at  the  time  fixed  for  the  hearing  that  none  of  the  subscribing 
witnesses  reside  in  the  Canal  Zone,  but  that  the  deposition  of  one  of 
them  can  be  taken  elsewhere,  the  court  may  direct  it  to  be  taken,  and 
may  authorize  a  photographic  copy  of  the  will  to  be  made  and  to  be 
presented  to  such  witness  on  his  examination,  who  may  be  asked  the 
same  questions  with  respect  to  it  and  the  handwriting  of  himself,  the 
testator,  and  the  other  witness,  as  would  be  pertinent  and  competent 
if  the  original  will  were  present.  If  neither  the  attendance  in  court 
nor  the  deposition  of  any  of  the  subscribing  witnesses  can  be  pro- 
cured, the  court  may  admit  the  will  to  probate  upon  the  testimony  of 
any  other  witness  as  provided  in  section  1234  of  this  title. 

CROSS-ReFEIBBN  CES 

Writings,  how  proved,  see  section  1972  of  this  title. 
Contest,  see  sections  1231  et  seq.,  of  this  title. 

1222.  Clerk's  record. — When  the  court  admits  a  will  to  probate 
it  must  be  recorded  in  the  minutes  by  the  clerk,  with  the  notation : 
"Admitted  to  probate  (giving  date)." 

122.3.  Olographic  wills. — An  olographic  will  may  be  proved  in 
the  same  manner  that  other  private  writings  are  proved. 

Cross-Refebencb 

Private  writings,  how  proved,  see  section  1972  of  this  title. 

1224.  Probate  of  will  detained  outside  Canal  Zone. — If  it  is 

alleged  in  any  petition  that  any  will  of  any  person  who  at  the  time 
of  his  death  was  a  resident  of  the  Canal  Zone  is  detained  beyond  the 
jurisdiction  of  the  Zone,  in  a  court  of  any  State  or  foreign  country, 

4di 


T.  4,  §1231] 


THE  CODE  OF  CIVIL  PROCEDURE 


and  that  such  will  cannot  be  produced  for  probate  in  the  Zone,  and 
the  court  is  satisfied  that  the  allegations  are  true,  a  copy  of  the  will 
duly  authenticated  may  be  proved,  allowed,  and  admitted  to  probate 
in  the  Zone  in  lieu  of  the  original  will,  and  have  the  same  force  and 
effect  as  the  original  will.  The  same  proof  shall  be  required  in  order 
to  admit  the  will  to  probate  in  the  Zone  as  would  be  required  under 
the  provisions  of  this  chapter  if  the  original  will  were  produced. 

The  court  may  authorize  a  photographic  copy  of  the  will  to  be 
presented  to  the  subscribing  witness  upon  his  examination  in  court, 
or  by  deposition  as  provided  in  section  1221  of  this  title,  and  such 
witness  may  be  asked  the  same  questions  with  respect  to  it,  and  the 
handwriting  of  himself,  the  testator,  and  the  other  witness,  as  would 
be  pertinent  and  competent  if  the  original  will  were  present. 


ARTICLE  2.— CONTESTING  PROBATE  OF  WILL 


Sec. 
1231. 

1232. 
1233. 
1234. 


Contestants  to  file  grounds  of  contest, 

and  petitioner  to   reply. 
How   jury    obtained    and    trial    had. 
Verdict  of  the  jury  ;  judgment. 
Witnesses,  who  and  how  many  to  he 

examined ;    proof    of    handwriting 

admitted,    when. 


Sec. 

1235.  Testimony  reduced  to  writing  for 
future  evidence. 

3  236.   If  proved,   certificate  to  he  attained. 

1237.  Will  and  proof  to  be  filed  and  re- 
corded. 


1231.  Contestant  to  file  grounds  of  contest,  and  petitioner  to 
reply. — If  anyone  appears  to  contest  the  will,  he  must  file  written 
grounds  of  opposition  to  the  probate  thereof,  and  serve  a  copy  on 
the  petitioner  and  other  residents  of  the  Canal  Zone  interested  in  thv 
estate,  any  one  or  more  of  whom  may  demur  thereto,  upon  any  of 
the  grounds  of  demurrer  provided  for  in  sections  211  to  215  of  this 
title.  If  the  demurrer  is  sustained,  the  court  must  allow  the  con- 
testant a  reasonable  time,  not  exceeding  ten  daj^s,  within  Avhich  to 
amend  his  written  opposition.  If  the  demurrer  is  overruled,  the 
petitioner  and  others  interested  may  jointly  or  separately  answer 
the  contestant's  grounds,  traversing,  or  otherwise  obviating  or  avoid- 
ing the  objections.     Any  issues  of  fact  thus  raised,  involving: 

1.  The  competency  of  the  decedent  to  make  a  last  will  and 
testament ; 

2.  The  freedom  of  the  decedent  at  the  time  of  the  execution  of 
the  will  from  duress,  menace,  fraud,  or  undue  influence ; 

3.  The  due  execution  and  attestation  of  the  Avill  b}''  the  decedent 
or  subscribing  witnesses ;  or 

4.  Any  other  questions  substantially  affecting  the  validity  of  the 
will; 

Must,  on  request  of  either  party  in  writing  (filed  at  least  ten 
days  prior  to  the  day  set  for  the  hearing),  be  tried  by  a  jury.  If 
no  jury  is  demanded,  the  court  must  try  and  determine  the  issues 
joined.  On  the  trial,  the  contestant  is  plaintiff'  and  the  petitioner 
is  defendant. 

Cross-Rei'erbnces 

Contestant,  see  section  1220  of  this  title. 

Contest  after  prol)ate,  see  sections  1220  and  1251  et  scq.,  of  this  title. 
Grounds  of  demurrer,  see  sections  211  to  215  of  this  title. 
Service,  etc.,  see  sections  941  et  seq.,  of  this  title. 


492 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1236 

1232.  How  jury  obtained  and  trial  had. — When  a  jury  is  de- 
manded, the  district  court  must  impanel  a  jury  to  try  the  case,  in 
the  manner  provided  for  impaneling  trial  juries  in  said  court,  and 
the  trial  must  be  conducted  in  accordance  with  the  provisions  of 
sections  441  to  486  of  this  title.  A  trial  by  the  court  must  be  con- 
ducted as  provided  in  sections  501  to  504  of  this  title. 

Cross-Reference 

Impaneling  trial  juries,  see  sections  451  to  454  of  this  title. 

1233.  Verdict  of  the  jury;  judgment. — The  jury,  after  hearing 
the  case,  must  return  a  special  verdict  upon  the  issues  submitted  to 
them  by  the  court,  upon  which  the  judgment  of  the  court  must  be 
rendered,  either  admitting  the  will  to  probate  or  rejecting  it.  In 
either  case,  the  proofs  of  the  subscribing  witnesses  must  be  reduced 
to  writing.  If  the  will  is  admitted  to  probate,  the  judgment,  will, 
and  proofs  must  be  recorded. 

Ceoss-Rejterences 

Verdict,  generally,  see  sections  481  to  485  of  this  title. 
Proofs  reduced  to  writing,  see  section  1235  of  this  title. 

1234.  Witnesses,  who  and  how  many  to  be  examined;  proof  of 
handwriting  admitted,  when. — If  the  will  is  contested,  all  the  sub- 
scribing witnesses  who  are  present  in  the  Canal  Zone,  and  who  are  of 
sound  mind,  must  be  produced  and  examined;  and  the  death,  absence, 
or  insanity  of  any  of  tliem  must  be  satisfactorily  shown  to  the  court. 
If  none  of  the  subscribing  witnesses  reside  in  the  Canal  Zone  at  the 
time  appointed  for  proving  the  will,  the  court  may  admit  the  tes- 
timony of  other  witnesses  to  prove  the  sanity  of  the  testator  and  the 
execution  of  the  will ;  and,  as  evidence  of  the  execution,  it  may  admit 
proof  of  the  handwriting  of  the  testator  and  of  the  subscribing 
witnesses,  or  any  of  them. 

Cross-references 

Writings,  proof  of  execution,  see  section  1972  of  this  title. 

Witnesses,  generally,  see  sections  1901  to  1906  of  this  title. 

Procuring  attendance  of  witnesses,  see  sections  2041  et  seq.,  of  this  title. 

1235.  Testimony  reduced  to  writing  for  future  evidence. — The 

testimony  of  each  witness,  reduced  to  writing  and  signed  by  him, 
shall  be  good  evidence  in  any  subsequent  contests  concerning  the 
validity  of  the  will,  or  the  sufficiency  of  the  proof  thereof,  if  the 
witness  be  dead,  or  has  permanently  removed  from  the  Canal  Zone. 

1236.  If  proved,  certificate  to  be  attached. — If  the  court  is  satis- 
fied, upon  the  proof  taken,  or  from  the  facts  found  by  the  jury,  that 
the  will  was  duly  executed,  and  that  the  testator  at  the  time  of  its 
execution  was  of  sound  and  disposing  mind,  and  not  acting  under 
duress,  menace,  fraud,  or  undue  influence,  a  certificate  of  the  proof 
and  the  facts  found,  signed  by  the  judge  and  attested  by  the  seal 
of  the  court,  must  be  attached  to  the  will. 

Cross-Reference 

Seal  required,  see  f-;  ction  25  of  this  title. 

493 


T.  4,  §  1237] 


THE  CODE  OF  CIVIL  PROCEDURE 


1237.  Will  and  proof  to  be  filed  and  recorded. — The  will,  and  a 
certificate  of  the  proof  thereof,  must  be  filed  and  recorded  by  the 
clerk,  and  the  same,  when  so  filed  and  recorded,  shall  constitute  part 
of  the  record  in  the  cause  or  proceeding.  All  testimony  shall  be 
filed  by  the  clerk. 

ARTICLE  3.— PROBATE  OF  FOREIGN  WILLS 


see.  Sec. 

1241.  Wills    proved    in    States    or    foreign       1243.   Hoaiing  proofs  of  probate  of  foreign 

countries.  will. 

1242.  Probate  of  foreign  ■will. 

1241.  Wills  proved  in  States  or  foreign  countries. — All  wills  duly 
proved  and  allowed  in  any  State  of  the  United  States,  or  in  any 
foreign  country  or  State,  may  be  allowed  and  recorded  in  the  divi- 
sion of  the  district  court  in  which  the  testator  shall  have  left  any 
estate,  or  shall  have  been  a  resident,  at  the  time  of  his  death. 

1242.  Probate  of  foreign  will. — When  a  copy  of  the  will,  and  the 
order  or  decree  admitting  same  to  probate,  duly  authenticated,  shall 
be  produced  by  the  executor,  or  by  any  other  person  interested  in 
the  will,  with  a  petition  for  letters,  the  same  must  be  filed,  and  the 
clerk  of  the  court  must  appoint  a  time  for  the  hearing;  notice 
whereof  must  be  given  as  hereinbefore  provided  for  an  original 
petition  for  the  probate  of  a  will. 

CR0S8-REFEBENCE8 

Foreign  executor,  uo  extraterritorial  authority,  see  section  1939  of  this  title. 
Notice  as  tor  an  original  petition,  see  sections  1216  et  seq.,  of  this  title. 
Petition,  notice,  etc.,  see  sections  1212  et  seq..  of  this  title. 

1243.  Hearing  proofs  of  probate  of  foreign  will. — If,  on  the  hear- 
ing, it  appears  upon  the  face  of  the  record  that  the  will  has  been 
proved,  allowed,  and  admitted  to  probate  in  any  State  of  the  United 
States,  or  in  any  foreign  country,  and  that  it  was  executed  according 
to  the  law  of  the  place  in  which  the  same  was  made,  or  in  which 
the  testator  was  at  the  time  domiciled,  or  in  conformity  with  the 
laws  of  the  Canal  Zone,  it  must  be  admitted  to  probate,  and  have 
the  same  force  and  effect  as  a  will  first  admitted  to  probate  in  the 
Zone,  and  letters  testamentary  or  of  administration  issued  thereon. 

Cross-reference 

Letters  testamentary  or  of  administration,  see  sections  1282  et  seq.,  of  this 
title. 

ARTICLE  4.— CONTESTING  WILL  AFTER  PROBATE 


Sec. 

1251.  The  probate  may  be  contested  within 

on*!  j'ear. 

1252.  Citation    to   be   issued   to   parties   in- 

terested. 

1253.  The  hearing  had  on  proof  of  service. 
125-).   I'etitions    to    revoke    probate    of   will 

tried  by  jury  or  court ;  Judgment, 
what. 


Sec. 
1255. 


1256. 
1257. 


On  revocation  of  probate,  powers  of 

executor,  etc.,  cease,  but  not  liable 

for  acts  in  good  faith. 
Costs  and  expenses,  by  whom  paid. 
Probate,  when   conclusive ;    one  year 

after    removal    of    disability    given 

to  infants  and  others. 


1251.  The  probate  may  be  contested  within  one  year. — When  a 
will  has  been  admitted  to  probate,  any  person  interested  may,  at 
any  time  within  one  year  after  such  probate,  contest  the  same  or  the 


494 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1255 

validity  of  the  will.  For  that  purpose  he  must  file  in  the  division 
of  the  court  in  which  the  will  was  proved  a  petition  in  writing,  con- 
taining his  allegations  against  the  validity  of  the  will  or  against 
the  sufficiency  of  the  proof,  and  praying  that  the  probate  may  be 
revoked. 

Cross-References 

Allegations  against  validity  of  will,  see  sectiou  1231  of  this  title. 
Probate,  when  conclusive,  see  section  1257  of  this  title. 

1252.  Citation  to  be  issued  to  parties  interested. — Upon  filing 
the  petition,  and  within  one  year  after  such  probate,  a  citation  must 
be  issued  to  the  executor  of  the  will,  or  to  the  administrator  with 
the  will  annexed,  and  to  all  the  legatees  and  devisees  mentioned  in 
the  will,  and  heirs  residing  in  the  Canal  Zone,  so  far  as  known 
to  the  petitioner  or  to  their  guardians,  if  any  of  them  are  minors, 
or  to  their  personal  representatives,  if  any  of  them  are  dead,  requir- 
ing them  to  appear  before  the  court  on  some  day  therein  specified, 
to  show  cause  why  the  probate  of  the  will  should  not  be  revoked. 

Cross-Refeeences 

Citation,  see  sections  1683  to  1687  of  this  title. 
Guardians,  see  sections  1694,  and  1721  et  seq.,  of  this  title. 

1253.  The  hearing  had  on  proof  of  service. — At  the  time  ap- 
pointed for  showing  cause,  or  at  any  time  to  which  the  hearing  is 
postponed,  proof  having  been  made  of  service  of  the  citation  upon 
all  of  the  persons  named  therein,  the  court  must  proceed  to  try 
the  issues  ot  fact  joined  in  the  same  manner  as  an  original  contest  of 
a  will. 

Cross-Repeeences 

Proof  of  notice,  see  section  1219  of  this  title. 
Trial  of  issues  joined,  see  section  1231  of  this  title. 

1254.  Petitions  to  revoke  probate  of  will  tried  by  jury  or  court; 
judgment,  what. — In  all  cases  of  petitions  to  revoke  the  probate  of 
a  will,  wherein  the  original  probate  was  granted  without  a  contest, 
on  written  demand  of  either  party,  filed  three  days  prior  to  the 
hearing,  a  trial  by  jury  must  be  had,  as  in  cases  of  the  contest  of 
an  original  petition  to  admit  a  will  to  probate.  If,  upon  hearing 
the  proofs  of  the  parties,  the  jury  shall  find,  or,  if  no  jury  is  had, 
the  court  shall  decide,  that  the  will  is  for  any  reason  invalid,  or 
that  it  is  not  sufficiently  proved  to  be  the  last  will  of  the  testator, 
the  probate  must  be  annulled  and  revoked, 

Ceoss-Re:feeence 
Trial  by  jury,  see  sections  1232  and  1233  of  this  title. 

1255.  On  revocation  of  probate,  powers  of  executor,  etc.,  cease, 
but  not  liable  for  acts  in  good  faith. — Upon  the  revocation  being 
made,  the  powers  of  the  executor  or  administrator  with  the  will 
annexed,  must  cease;  but  such  executor  or  administrator  shall  not 
be  liable  for  any  act  done  in  good  faith  previous  to  the  revocation. 

Cros  s-Rbiference 
Validity  of  acts  before  revocation,  see  section  1396  of  this  title. 

495 


T.  4,  §  1256] 


TBE  CODE  OF  CIVIL  PROCEDURE 


1256.  Costs  and  expenses,  by  whom  paid. — The  fees  and  ex- 
penses must  be  paid  by  the  party  contesting  the  validity  or  probate 
of  the  will,  if  the  will  or  probate  is  confirmed.  If  the  probate  is 
revoked,  the  costs  must  be  paid  by  the  party  who  resisted  the  revoca- 
tion, or  out  of  the  property  of  the  decedent,  as  the  court  directs. 

Cross-Refkk'^nce 

Costs,  generally,  see  sections  1001  et  seq.,  of  this  title. 

1257.  Probate,  when  conchisive;  one  year  after  removal  of  dis- 
ability given  to  infants  and  others. — If  no  person,  within  one  year 
after  the  probate  of  a  will,  coritest  the  same  or  the  valitlity  tliereof. 
the  probate  of  the  will  is  conclusive;  saving  to  infants  and  persons  of 
unsound  mind,  a  like  period  of  one  year  after  their  respective  disa- 
bilities are  removed. 

Choss-Refeeench: 

Conclusiveness  of  probate,  see  sections  1251  and  1934  of  this  title. 


ARTICLE  5.— PROBATE  OF  LOST  OR  DESTROYED  WILL 


Sec. 
1261. 


1262. 
1263. 


Proof  of  lest  or  destroyed  will  to  be 

taken. 
Probate  of  wills  lost ;  public  calamity. 
To  be  certified,  recorded,  and  letters 

tboreon  granted. 


Sec. 
1264. 


Court  to  restrain  injurious  acts  of 
executors  or  administrators  during 
proceedings   to   prove   lost  will. 


1261.  Proof  of  lost  or  destroyed  will  to  be  taken. — Whenever 

any  will  is  lost  or  destroyed,  the  district  court  must  take  proof  of 
the  execution  and  validity  thereof  and  establish  the  same;  notice  to 
all  persons  interested  being  first  given,  as  prescribed  in  regard  to 
proofs  of  wills  in  other  cases.  All  the  testimony  given  must  be  re- 
duced to  writing,  and  signed  by  the  witnes.ses. 

Ckoss-References 

Notice  to  all  persons  interested,  see  sections  1216  iind  1217  of  this  title. 
By  citation,  see  sections  1883  to  1637  of  this  title. 
Service  of  papers,  see  sections  941  et  seq.,  of  this  title. 

1262.  Probate  of  wills  lost;  public  calamity. — No  will  shall  be 

proved  as  a  lo.st  or  destroyed  wili,  unless  the  s;ime  is  proved  to  have 
l)een  in  existence  at  the  time  of  the  death  of  the  testator,  or  is  shown 
to  have  been  fraudulently  or  by  public  calamity  destroyed  in  the 
lifetime  of  the  testator,  without  his  knowledge,  nor  unless  its  pro- 
visions are  clearly  and  distinctly  proved  by  at  least  two  credible  wit- 
nesses :  Provided.,  however.,  That  if  the  testator  be  committed  to  any 
hospital  for  the  insane  in  the  Canal  Zone  and  after  such  commitment 
his  last  Avill  and  testament  be  destroyed  by  public  calamity,  and  tlie 
testator  is  never  restoi-ed  to  competency,  then  after  tlie  deatli  of  the 
said  testator,  his  said  last  will  may  be  probated  as  though  it  were  in 
existence  at  the  time  of  the  death  of  the  testator. 

1263.  To  be  certified,  recorded,  and  letters  thereon  granted. — 

When  a  lost  will  is  established,  the  provisions  thereof  must  be  dis- 
tinctly stated  and  certified  by  the  judge,  under  his  hand  and  seal  of 
the  court,  and  the  certificate  must  be  filed  and  recorded  as  other  wills 


496 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1273 


are  filed  and  recorded,  and  letters  testamentary  or  of  administration, 
with  the  will  annexed,  must  be  issued  thereon  in  the  same  manner  as 
upon  wills  produced  and  duly  proved.  The  testimony  must  be  re- 
duced to  writing,  signed,  certified,  and  filed  as  in  other  cases,  and 
shall  have  the  same  ellcct  as  evidence  as  provided  in  section  1235  of 

this  title. 

Cross-Rkfetiencei 

Letters  testamentary,  etc.,  see  sections  1282  et  seq.,  of  this  title. 

1264.  Coiut  to  restrain  injurious  acts  of  executors  or  adminis- 
trators during-  proceedings  to  prove  lost  will. — If,  before  or  during 
the  pendency  of  an  application  to  prove  a  lost  or  destroyed  will, 
letters  of  administration  are  granted  on  the  estate  of  the  testator, 
or  letters  testamentary  of  any  previous  will  of  the  testator  are 
granted,  the  court  may  restrain  the  administrators  or  executors,  so 
appointed,  from  any  acts  or  proceedings  which  would  be  injurious  to 
the  legatees  or  devisees  claiming  under  the  lost  or  destroyed  will. 

ARTICLE  6.— PROBATE  OF  NUNCUPATIVE  \yiLL 


Sec. 

1273.  Contests  and  appointments  to  con- 
form to  provisions  as  to  other 
wills. 


Sec. 

1271.  Nuncupative  wills,  when  and  how  ad- 

mitted to  probate. 

1272.  Additional  requirements  in  probate  of 

nuncupative  wills. 

1271.  Nuncupative  wills,  when  and  how  admitted  to  probate. — 

Nuncupative  wills  may  at  any  time,  within  six  months  after  the 
testamentary  words  are  spoken  by  the  decedent,  be  admitted  to  pro- 
bate, on  petition  and  notice  as  provided  in  sections  1211  to  1224  of 
this  title.  The  petition,  in  addition  to  the  jurisdictional  facts,  must 
allege  that  the  testamentary  words  or  the  substance  thereof  were 
reduced  to  writing  within  thirty  days  after  they  were  spoken,  which 
writing  must  accompany  the  petition. 

Cross-Referencbts 

Nuncupative  wills,  see  title  3,  sections  535  to  538. 

Petition,  notice  and  proof,  see  sections  1211  to  1223  of  this  title. 

1272.  Additional  requirements  in  probate  of  nuncupative  wills.— 

The  district  court  must  not  receive  or  entertain  a  petition  for  the 
probate  of  a  nuncupative  will  until  the  lapse  of  ten  days  from  the 
death  of  the  testator,  nor  must  such  petition  at  any  time  be  acted 
on  until  the  testamentary  words  are,  or  their  substance  is,  reduced 
to  writing  and  filed  with  the  petition,  nor  until  the  surviving  husband 
or  wife  (if  any),  and  all  other  persons  resident  in  the  Canal  Zone 
interested  in  the  estate  are  notified  as  hereinbefore  provided. 

1273.  Contests  and  appointments  to  conform  to  provisions  as 
to  other  wills.— Contests  of  the  probate  of  nuncupative  wills  and 
appointments  of  executors  and  administrators  of  the  estate  devised 
thereby  must  be  had,  conducted,  and  made  as  hereinbefore  provided 
in  cases  of  the  probate  of  written  wills. 

Cros  s-Reiferen  ces 

Probate  contests,  see  sections  1231,  et  seq.,  and  1251  et  seq.,  of  this  title. 
Contesting  appointment  of  executors,  etc.,  see  sections  1285  and  1324  of  this 
title. 

497 


T.  4,  §  1281]  THE  CODE  OF  CIVIL  PROCEDURE 

CHAPTER     25.— EXECUTORS     AND     ADMINISTRATORS,     THEIR 
LETTERS,    BONDS,    REMOVALS,    AND    SUSPENSIONS 

Art.  Sec.   i  Art.  Sec. 

1.  Letters  testamentary  and  of  ad-  6.  Oaths    and    bonds    of    executors 

ministration     with     the     will  and  administrators 1351 


annexed,    how    and    to    whom 
issued 1281 

2.  Form  of  letters 1301 

o.  Letters  of  administration,  to 
whom  and  the  order  in  whicli 
they  are  granted 1311 

4.  Petition   and   contest   for  letters 

and  action  thereon 1321 

5.  Revocation    of   letters,    and    pro- 

ceedings therefor 1341 


Special  administrators,  and  their 

powers  and  duties 1381 

8.  Wills     found     after     letters     of 

administration     granted,     and 
miscellaneous  provisions 1391 

9.  DisQualification  of  judge 1401 

10.  Removals  and  suspensions  in  cer- 
tain cases 1411 


ARTICLE    1.— LETTERS    TESTAMENTARY    AND    OF    ADMINISTRATION 
WITH  THE  WILL  ANNEXED,  HOW  AND  TO  WHOM  ISSUED 


Sec. 

1281.  Trust  companies  as  executors. 

1282.  Issue  of  letters. 

1283.  Who  incompetent  as  executor. 

1284.  When   no  executor  is  named  in  will. 


Sec. 

1287.  Executor  of  an  executor. 

1288.  Letters  of  administration  where  minor 

executor. 

1289.  Acts  of  a  portion  of  executors  valid. 


1285.  Interested  parties  may  file  objections.       1290.  Authority  of  administrators  with  will 

1286.  Married  woman  may  be  executrix.         I  annexed ;  letters,  how  issued. 

Section  1281.  Trust  companies  as  executors. — Corporations  or 

associations  authorized  to  conduct  the  business  of  a  trust  company  in 
the  Canal  Zone  may  be  appointed  to  act  as  an  executor,  adminis- 
trator, guardian  of  estates,  assignee,  receiver,  depositary,  or  trustee, 
in  like  manner  as  individuals. 

Oath. — In  all  cases  in  which  it  is  required  that  an  executor,  admin- 
istrator, guardian  of  estates,  assignee,  receiver,  depositary,  or  trustee, 
shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which  an 
affidavit  is  required,  it  shall  be  a  sufficient  qualification  by  such 
corporation  if  such  oath  be  taken  and  subscribed  or  such  affidavit  be 
made  by  the  president,  vice  president,  secretary,  manager,  trust  offi- 
cer, or  assistant  trust  officer :  Provided,  That  any  such  appointment  as 
guardian  shall  apply  to  the  estate  only,  and  not  to  the  person. 

1282.  Issue  of  letters. — If  no  objection  is  made  as  provided  in 
section  1285  of  this  title,  the  court  admitting  a  Avill  to  probate,  after 
the  same  is  proved  and  allowed,  must  issue  letters  thereon  to  the 
persons  named  therein  as  executors  who  are  competent  to  discharge 
the  trust,  unless  they  or  either  of  them  have  renounced  their  right  to 
letters, 

Cross-Refere-nces 

Form  of  letters,  see  section  1.301  of  this  title. 

Qualification  of  executors,  see  sections  1351  et  seq.  of  this  title. 

Powers  before  qualification,  see  title  3,  section  G2.5. 

Appointment  of  person  intended  although  not  named,  see  title  3,  section  623. 

1283.  Who  incompetent  as  executor. — No  person  is  competent 
to  serve  as  (>xocutor  wlio,  at  the  time  the  will  is  admitted  to  pro- 
bate, is: 

1.  Under  the  age  of  majority; 

2.  Convicted  ot  an  infamous  crime; 

3.  Adjudged  by  the  court  incompetent  to  execute  the  duties  of  the 
trust  by  reason  of  drunkenness,  improvidence,  or  want  of  under- 
standing or  integrity. 

498 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1288 

Cross-Refekbnces 

Letters  where  minor  executor,  see  section  1288  of  tliis  title. 

Who  incompetent  as  administrators,  see  section  1315  of  this  title. 

Marriage  as  alfecting  competency,  see  section  1286  of  this  title. 

Letters  of  administration  with  will  annexed,  see  section  1290  of  tliis  title. 

Authority  of  executor  before  qualification,  see  title  3,  section  625. 

1284.  When  no  executor  is  named  in  will. — If  no  executor  is 
named  in  the  will,  or  if  the  sole  executor  or  all  the  executors  therein 
named  are  dead,  or  incompetent,  or  renounce,  or  fail  to  apply  for 
letters,  or  to  appear  and  qualify,  letters  of  administration  with  the 
will  annexed  must  be  issued  as  designated  and  provided  for  in  grant- 
ing of  letters  in  case  of  intestacy. 

CrOSS-RE!FE1{ENCES 

Failure  to  apply  for  letters,  see  section  1214  of  this  title. 
Letters  of  administration  with  will  annexed,   see  sections  1288,   1290,   and 
1394  of  this  title. 

1285.  Interested  parties  may  file  objections. — Any  jDerson  inter- 
ested in  the  estate  or  will  may  file  objections  in  writing  to  granting 
letters  testamentary  to  the  persons  named  as  executors  or  any  of 
them,  and  the  objections  must  be  heard  and  determined  by  the  court ; 
a  petition  may,  at  the  same  time,  be  filed  for  letters  of  administration 
with  the  will  annexed. 

Cross-Reference 

Letters  of  administration  \\ith  will  annexed,  see  section  1290  of  this  title. 

1286.  Married  woman  may  be  executrix. — A  married  woman  may 
be  appointed  an  executrix.  The  authority  of  an  executrix  who  was 
unmarried  when  appointed  is  not  extinguished  nor  affected  by  her 
marriage. 

Cross-Reference 

Married  woman  may  be  administratrix,  see  section  1316  of  this  title. 

1287.  Executor  of  an  executor. — No  executor  of  an  executor 
shall,  as  such,  be  authorized  to  administer  on  the  estate  of  the  first 
testator,  but  on  the  death  of  the  sole  or  surviving  executor  of  any 
last  will,  letters  of  administration  with  the  will  annexed,  of  the 
estate  of  the  first  testator,  left  unadministered,  must  be  issued. 

Cross-Res'eiiekces 

Letters  of  administration  with  will  annexed,  see  sections  1284,  1290,  1394 
of  this  title. 

Authority  given  executor  to  appoint  an  executor,  invalidity,  see  title  3,  section 
624. 

1288.  Letters  of  administration  where  minor  executor. — Where 
a  person  absent  from  the  Canal  Zone,  or  a  minor,  is  nnmed  execu- 
tor— if  there  is  another  executor  who  accepts  the  trust  and  qualifies — 
the  latter  may  have  letters  testamentary  and  administer  the  estate 
until  the  return  of  the  absentee  or  the  majority  of  the  minor,  who 
may  then  be  admitted  as  joint  executor.  If  there  is  no  other  executor, 
letters  of  administration,  with  the  will  annexed,  must  be  granted; 


499 


T.  4,  §1289]  THE  CODE  OF  CIVIL  PROCEDURE 

but  the  court  may,  in  its  discretion,  revoke  tliem  on  the  return  of 
the  absent  executor  or  the  arrival  of  the  minor  at  the  age  of  majority'. 

1289.  Acts  of  a  portion  of  executors  valid. — When  all  the  execu- 
tors named  are  not  appointed  by  the  court,  those  appointed  have  the 
same  authority  to  perform  all  acts  and  discharge  the  trust,  required 
by  the  will,  as  effectually  for  every  purpose  as  if  all  were  appointed 
and  should  act  together;  where  there  are  two  executors  or  adminis- 
trators, the  act  of  one  alone  shall  be  effectual,  if  the  other  is  absent 
from  the  Canal  Zone,  or  laboring  under  any  legal  disability  from 
serving,  or  if  he  has  given  his  co-executor  or  co-administrator 
authorit}'',  in  writing,  to  act  for  both ;  and  where  there  are  more  than 
two  executors  or  administrators,  the  act  of  a  majority  is  valid. 

Ceoss-References 

Remainder  of  executors  acting,  where  some  incapacitated,  see  section  1393 
of  this  title. 

Powers  of  executors  generally,  see  sections  1521  et  seq.,  of  this  title. 
Revocation  of  probate,  effect  o^,  see  section  1255  of  this  title. 
Removals  and  suspensions,  see  sections  1411  et  seq.,  of  this  title. 

1290.  Authority  of  administrators  with  will  annexed;  letters, 
how  issued. — Administrators  with  the  will  annexed  have  the  same 
authority  over  tlie  estates  which  executors  named  in  the  will  would 
have,  and  their  acts  are  as  effectual  for  all  purposes.  Their  letters 
must  be  signed  by  the  clerk  of  the  court,  and  bear  the  seal  thereof. 

Cboss-References 

Executor  of  executor,  see  section  12S7  of  this  title. 

Letters  of  administration  with  will  annexed,  see  sections  1284,  1287,  1392,  and 
1394  of  this  title. 

Form  of  letters  with  will  annexed,  see  section  1302  of  this  title. 

ARTICLE  2.— FORM  OF  LETTERS 

Sec.  Sec. 

1301.  Form  of  letters  testamentary.  1303.   Form  of  letters  of  administration. 

1302.  Form    of    letters    of    administration 

with  the  will  annexed. 

1301.  Form  of  letters  testamentary. — Letters  testamentary  must 
be  substantially  in  the  following  form : 

Canal  Zone, division 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto 

annexed,  having  been  proved  and  recorded  in  the division 

of  the  district  court,  C.  D.,  who  is  named  therein  as  such,  is 
hereby  appointed  executor. 

Witness,  G.  H.,  clerk  of  the  district  court,  with  the  seal  of  the 

court  affixed  the day  of ,  A.  D.,  19 — . 

[seal] 

By  order  of  the  court : 

G.  H.,  Clerk. 

Cros8-Re:ferbnce 

Seal  required,  see  section  25  of  this  title. 

500 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1311 


1302.  Form  of  letters  of  administration  with  the  will  annexed. — 

Letters  of  administration,  with  the  will  annexed,  must  be  substan- 
tially in  the  following  form : 

Canal  Zone, division 

The  last  will  of  A.  B.,  deceased,  a  copy  of  which  is  hereto 
annexed,  having  been  proved  and  recorded  in  the  divi- 
sion of  the  district  court,  and  there  being  no  executor  named  in 
the  will  (or  as  the  case  may  be),  C.  D.  is  hereby  appointed 
administrator  with  the  will  annexed. 

Witness,  G.  H.,  clerk  of  the  district  court,  with  the  seal  of  the 

court  affixed,  the day  of ,  A.  D.,  19 — . 

[seal] 

B}^  order  of  the  court : 

G.  H.,  Clerk. 

1303.  Form  of  letters  of  administration. — Letters  of  administra- 
tion must  be  signed  by  the  clerk,  under  the  seal  of  the  court,  and 
substantiall}^  in  the  following  form : 

Canal  Zone, division 

C.  D.  is  hereb}'  appointed  administrator  of  tlie  estate  of  A.  B., 
deceased. 

Witness,  G.  H.,  clerk  of  the  district  court,  with  the  seal  thereof 
affixed,  thQ day  of ,  A.  D.,  19—. 

[seal] 


B}^  order  of  the  court : 


G.  H.,  Clerk. 


ARTICLE  3.- 


-LETTERS  OF  ADMINISTRATION.  TO  WHOM  AND  THE 
ORDER  IN  VvHICH  THEY  ARE  GRxVNTED 


Sec. 

1311.  Older     of     persons     entitled     to 

administer. 

1312.  Relatives    of    wliole    blood    preferred 

to    half   blood. 

1313.  In    discretion    of    court    to    appoint 

administrator,  when. 


Sec. 

1314.  Wlien  minor  or  incompetent  entitled, 

who  appointed  administrator. 

1315.  Who   are   incompetent  to   act   as   ad- 

ministrators. 

1316.  Married   woman   may   be   administra- 

trix. 


1311.  Order  of  persons  entitled  to  administer. — Administration 
of  the  estate  of  a  person  dying  intestate  must  be  granted  to  some 
one  or  more  of  the  persons  hereinafter  mentioned,  the  relatives  of 
the  deceased  being  entitled  to  administer  only  when  they  are  entitled 
to  succeed  to  his  estate  or  some  portion  thereof;  and  they  are,  re- 
spectively, entitled  thereto  in  the  following  order : 

1.  The  surviving  husband  or  wife,  or  some  competent  person 
whom  he  or  she  may  request  to  have  appointed. 

2.  The  children. 

3.  The  father  and  mother. 

4.  The  brothers  and  sisters. 

5.  The  grandchildren. 

6.  The  next  of  kin  entitled  to  share  in  the  distribution  of  the 
estate. 

7.  The  public  administrator. 

8.  The  creditors. 

9.  Any  person  legally  competent. 


501 


T.  4,  §1312]  THE  CODE  OF  CIVIL  PROCEDURE 

If  the  decedent  was  a  member  of  a  partnership  at  the  time  of 
his  decease,  the  surviving  partner  must  in  no  case  be  appointed 
administrator  of  his  estate.  This  section  shall  apply  to  the  rela- 
tives of  the  previously  deceased  spouse  of  decedent  when  entitled  to 
succeed  to  some  portion  of  the  estate  under  subdivision  8  of  section 
G33  of  title  3. 

Cboss-Retebences 

Public  administrator,  generally,  see  sections  1702  et  seq.,  of  this  title. 
Competency  of  persons,  see  sections  1315  and  1316  of  this  title. 
Kecommendation  by  one  entitled  to  administer,  stM?  section  1329  of  this  title. 

1312.  Relatives  of  whole  blood  preferred  to  half  blood. — Of  sev- 
eral persons  claiming  and  equally  entitled  to  administer,  relatives  of 
the  whole  blood  must  be  preferred  to  those  of  the  half  blood. 

1313.  In  discretion  of  court  to  appoint  administrator,  when. — 

When  there  are  several  persons  equally  entitled  to  the  administra- 
tion, the  court  may  grant  letters  to  one  or  more  of  them ;  and  when 
a  creditor  is  claiming  letters  the  court  may,  in  its  discretion,  at  the 
request  of  another  creditor,  grant  letters  to  any  other  person  legally 
competent. 

1314.  When  minor  or  incompetent  entitled,  who  appointed  ad- 
ministrator.— If  any  person  entitled  to  administration  is  a  minor, 
or  an  incompetent  person,  letters  must  be  granted  to  his  or  her 
guardian,  or  any  other  person  entitled  to  letters  of  administration, 
in  the  discretion  of  the  court. 

Cboss-Referencb 

Guardian  of  minor,  see  sections  127,  128,  1721,  and  1732  of  this  title. 

1315.  Who  are  incompetent  to  act  as  administrators. — No  person 

is  competent  or  entitled  to  serve  as  administrator  or  administratrix 
who  is  — 

1.  Under  the  age  of  majority. 

2.  Not  a  bona  fide  resident  of  the  Canal  Zone. 

3.  Convicted  of  an  infamous  crime. 

4.  Adjudged  by  the  court  incompetent  to  execute  the  duties  of 
the  trust  by  reason  of  drunkenness,  improvidence,  or  want  of  under- 
standing or  integrity. 

Cross-Re»-erences 

Revoking  letters,  see  section  1341  of  this  title. 

Who  incompetent  to  act  as  executors,  see  section  1283  of  this  title. 

1316.  Married    woman    may    be    administratrix. — A    married 

woman  may  be  appointed  administratrix.  When  an  unmarried 
woman  appointed  administratrix  marries,  her  authority  is  not 
thereby  extinguished. 

Cboss-Reference 

Married  woman  as  executrix,  see  section  1286  of  this  title. 


502 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1324 


ARTICLE   4.- 


-PETITION   AND   CONTEST    FOR   LETTERS   AND   ACTION 
THEREON 


Sec. 

1321. 

1322. 

1323. 
1324. 
1325. 
1326. 


Petition    for   letters,   how   made. 
Letters     of     administration,      when 

granted. 
Date   for  and  notice  of  Iiearing. 
Contesting  application. 
Hearing  of  application. 
Evidence  of  notice. 


1327.  Grant  to  any  applicant. 


Sec. 

1328.  What    proofs   must    be   made    before 

granting  letters  of  administration. 

1329.  Letters    may    be    granted    to    others 

than  those  entitled. 

1330.  Requests    for    special    notice   of   pro- 

ceedings;   giving    notices;    finding 
regarding   notices. 

1331.  United  States  as  a  party  to  estates, 

proceedings,  etc. 


1321.  Petition  for  letters,  how  made. — Petitions  for  letters  of 
administration  must  be  in  writing,  signed  by  the  applicant  or  his 
counsel,  and  filed  with  the  clerk  of  the  court,  stating  the  facts 
essential  to  give  the  court  jurisdiction  of  the  case,  and  when  known 
to  the  applicant,  he  must  state  the  names,  ages,  and  residences  of 
the  heirs  of  the  decedent,  and  the  value  and  character  of  the  prop- 
erty. If  the  jurisdictional  facts  exist,  and  are  proved  at  the  hear- 
ing but  are  not  fully  set  forth  in  the  petition,  the  decree  or  order 
of  administration  and  subsequent  proceedings  are  not  void  on  account 
of  such  want  of  jurisdictional  averments. 

Cross-Refebence 

Orders  and  decrees  need  not  recite  the  facts,  see  section  1681  of  this  title. 

1322.  Letters  of  administration,  when  granted. — Letters  of  ad- 
ministration may  be  granted  by  the  court  at  any  time  appointed 
for  the  hearing  of  the  application,  or  at  any  time  to  which  the 
hearing  is  continued  or  postponed. 

1323.  Date  for  and  notice  of  hearing. — When  a  petition  praying 
for  letters  of  administration  is  filed,  the  clerk  of  the  court  must 
set  the  petition  for  hearing  by  the  court,  and  give  notice  thereof  by 
causing  a  notice  to  be  posted  at  the  courthouse  which  notice  shall 
contain  the  name  of  the  decedent,  the  name  of  the  applicant,  and 
the  time  at  which  the  application  will  be  heard.  Such  notice  must 
be  given  at  least  ten  days  before  the  hearing.  The  clerk  shall  cause 
similar  notice  to  be  mailed  to  the  heirs  of  the  decedent  named  in  the 
petition,  at  least  ten  davs  before  the  hearing,  addressed  to  them  at 
their  respective  post-office  addresses,  as  set  forth  in  the  petition, 
otherwise  at  the  place  where  the  proceedings  are  pending. 

Cross-Reference 

Posting  notices,  compare  section  1216  of  this  title. 

1324.  Contesting  application. — Any  person  interested  may  con- 
test the  petition,  by  filing  written  opposition  thereto,  on  the  ground 
of  the  incompetency  of  the  applicant,  or  may  assert  his  own  rights 
to  the  administration  and  pray  that  letters  be  issued  to  himself.  In 
the  latter  case  the  contestant  must  file  a  petition  and  give  the  notice 
required  for  an  original  petition,  and  the  court  must  hear  the  two 
petitions  together. 

Ckoss-Refebences 

Incompetency  of  applicant,  see  section  1315  of  this  title. 
Persons  entitled  to  administer,  see  section  1311  of  this  title. 


503 


T.  4,  §  1325]  TEE  CODE  OF  CIVIL  PROCEDURE 

1325.  Hearing  of  application. — On  the  hearing,  it  being  first 
proved  that  notice  has  been  given  as  herein  required,  tlie  court 
must  hear  the  allegations  and  proofs  of  the  parties,  and  order  the 
issuing  of  letters  of  administration  to  the  party  best  entitled  thereto. 

CROSS-REaTERENCK 

Proof  of  notice,  compare  section  1219  of  this  title. 

1326.  Evidence  of  notice. — An  entry  in  the  minutes  of  the  court, 

that  the  required  proof  was  made  and  notice  given,  shall  be  con- 
clusive evidence  of  the  fact  of  such  notice. 

1327.  Grant  to  any  applicant. — Letters  of  administration  must  be 
granted  to  any  applicant,  though  it  appears  that  there  are  other 
persons  having  better  rights  to  the  administration,  when  such  persons 
fail  to  appear  and  claim  the  issuing  of  letters  to  themselves. 

CKOSS-RsyERENCE 

Persons  with  better  rights  may  procure  revocation,  see  sections  1341  to  1344 
of  this  title. 

1328.  What  proofs  must  be  made  before  granting  letters  of 
administration. — Before  letters  of  administration  are  granted  on  the 
estate  of  any  person  who  is  represented  to  have  died  intestate,  the 
fact  of  his  dying  intestate  mu,st  be  proved  by  the  testimony  of  the 
applicant  or  others;  and  the  court  may  also  examine  any  other  per- 
son concerning  the  time,  place,  and  manner  of  his  death,  the  place  of 
his  residence  at  the  time,  the  value  and  character  of  his  property,  and 
whether  or  not  the  decedent  left  any  will,  and  may  compel  any 
person  to  attend  as  a  witness  for  that  purpose. 

Cross-Reference 

Compelling  attenclaiice  of  witnesses,  see  sections  2041  et  seq.,  of  this  title. 

1329.  Letters  may  be  granted  to  others  than  those  entitled. — 

Administration  may  be  granted  to  one  or  more  competent  persons, 
although  not  otherwise  entitled  to  the  .same,  at  the  written  request 
of  the  person  entitled,  filed  in  the  court.  When  the  person  entitled 
is  a  nonresident  of  the  Canal  Zone,  affidavits,  taken  ex  parte  before 
any  officer  authorized  b}^  the  laws  of  the  Canal  Zone  to  take  acknowl- 
edgments and  administer  oaths  out  of  the  Canal  Zone,  may  be  re- 
ceived as  prima  facie  evidence  of  the  identity  of  the  party,  if  free 
from  suspicion,  and  the  fact  is  established  to  the  satisfaction  of  the 
court. 

Cuoss-Refekences 

Proof  of  identity  by  affidavit,  see  sections  2071  to  2077  of  tins  title. 
Proof  by  deposition  taken  outside  of  Canal  Zone,  see  sections  2091  et  seq..  of 
this  title. 
Prima  facie  evidence,  see  section  1851  of  this  title. 

1330.  Request  for  specialnoticeof  proceedings;  giving  notices; 
finding  regarding  notices. — At  any  time  after  the  issuance  of  let- 
ters testamentary  or  of  administration  upon  the  estate  of  any  de- 
cedent, any  ])erson  interested  in  said  estate,  whether  as  heir,  devisee, 
legatee,  or  creditor,  or  the  attorney  for  any  such  person  may  serve 

504 


TEE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1341 


upon  the  executor  or  administrator,  or  upon  the  attorney  for  the 
executor  or  administrator,  and  file  with  the  clerk  of  the  court  wherein 
administration  of  such  estate  is  pending,  a  written  request,  stating 
that  he  desires  special  notice  of  any  or  all  of  the  following  men- 
tioned matters,  steps,  or  proceedings  in  the  administration  of  said 
estate,  to  wit : 

(1)  Filing  of  petitions  for  sales,  leases,  or  mortgages  and  con- 
firmation of  sales  of  any  property  of  the  estate; 

(2)  Filing  of  accounts; 

(3)  Filing  of  petitions  for  distribution; 

(i)   Filing  of  petitions  for  partition  of  any  property  of  the  estate. 

Such  request  shall  state  the  post-office  address  of  the  per,son  making 
same. 

Giving  of  notices. — And  thereafter  a  brief  notice  of  the  filing  of 
any  of  such  petitions,  or  accounts,  except  petitions  for  sale  of  perish- 
able property  or  other  personal  property  which  will  incur  expense 
or  loss  by  keeping,  shall  be  addressed  to  such  person  making  such 
request,  or  his  attorney,  at  his  stated  post-office  address,  and  de- 
posited in  the  post  office  with  the  postage  thereon  prepaid,  within 
tw^o  days  after  the  filing  of  such  petition  or  account ;  or  personal 
service  of  such  notices  may  be  made  on  the  person  making  such 
request  or  his  attorney,  within  said  two  days,  and  such  personal 
service  shall  be  equivalent  to  .such  deposit  in  the  post  office,  and 
proof  of  mailing  or  of  personal  service  must  be  filed  with  the  clerk 
before  the  hearing  of  such  petition  or  account. 

Finding  regarding  notices. — If  upon  the  hearing  it  shall  appear 
to  the  satisfaction  of  the  court  that  said  notice  has  been  regularly 
given,  the  court  shall  so  find  in  its  order  or  judgment,  and  such 
judgment  shall  be  final  and  conclusive  upon  all  persons. 

1331.  United  States  as  a  party  to  estates,  proceedings,  etc.— 

Where  compensation,  pensions,  insurance  or  other  allowance  is  made 
or  awarded  by  the  United  States  Government  or  a  department  or 
bureau  thereof,  to  estates  of  decedents  or  to  minor  or  incompetent 
persons  for  whom  guardians  have  been  appointed,  or  to  their  estates, 
the  department  or  bureau  of  the  United  States  Government  making 
or  awarding  ,sucli  allowance,  compensation,  pension,  or  insurance 
shall  have  the  same  right  to  commence  and  prosecute  actions  on 
executors,  administrators,  and  guardians'  bonds,  and  shall  have  the 
same  right  to  petition  the  court  for  appointment  or  removal  of 
guardians  of  minor  and  incompetent  persons,  and  shall  have  the 
sama  right  to  file  exceptions  in  writing  to  accounts  of  executors, 
administrators,  and  guardians  and  to  contest  same,  as  is  provided 
in  this  title  for  interested  parties,  heirs  at  law,  and  relatives. 

ARTICLE  5.— REVOCATION  OF  LETTERS,  AND  PROCEEDINGS 

THEREFOR 


Sec. 

1341.  Revocation   of  letters  of  administra- 

tion. 

1342.  Wlien  petition  filed,  citation  to  issue. 


Sec. 

1343.  Hearing    of    petition    for    revocatinn 

1344.  Prior  rights  of  relatives  entitle  tbera 

to  revoke  prior  letters. 


1341.  Revocation  of  letters  of  administration. — Wlien  letters  of 
administration  have  been  granted  to  any  other  person  than  the  sur- 


93083—34- 


r.05 


T.  4,  §  1342] 


THE  CODE  OF  CIVIL  PROCEDURE 


viving  husband  or  wife,  child,  father,  mother,  brother,  or  sister  of  the 
intestate,  any  one  of  them  who  is  competent,  or  any  competent  person 
at  the  written  request  of  any  one  of  them,  may  obtain  the  revocation 
of  the  letters,  and  be  entitled  to  the  administration,  by  presenting  to 
the  court  a  petition  praying  the  revocation,  and  that  letters  of  admin- 
istration may  be  issued  to  him. 

Cross-Refekences 

Persons  incompetent,  see  section  1315  of  this  title. 
Revocation,  see  sections  1344,  and  1411  to  1415  of  this  title. 

1342.  When  petition  filed,  citation  to  issue. — When  such  petition 
is  filed,  the  clerk  must,  in  addition  to  the  notice  provided  in 
section  1323  of  this  title,  issue  a  citation  to  the  administrator  to  ap- 
pear and  answer  the  same  at  the  time  appointed  for  the  hearing. 

CROSS-REiFERENCE 

Citation,  generally,  see  sections  16S3  to  1687  of  this  title. 

1343.  Hearing  of  petition  for  revocation. — At  the  time  appointed, 
the  citation  having  been  duly  served  and  returned,  the  court  must 
proceed  to  hear  the  allegations  and  proofs  of  the  parties;  and  if 
the  right  of  the  applicant  is  established,  and  he  is  competent,  letters 
of  administration  must  be  granted  to  him,  and  the  letters  of  the 
former  administrator  revoked. 

1344.  Prior  rights  of  relatives  entitle  them  to  revoke  prior  let- 
ters.— The  surviving  husband  or  wife,  when  letters  of  administra- 
tion have  been  granted  to  a  child,  father,  brother,  or  sister  of  the 
intestate;  or  any  of  such  relatives,  when  letters  have  been  granted 
to  any  other  of  them,  may  assert  his  prior  right,  and  obtain  letters 
of  administration,  and  have  the  letters  before  granted  revoked  in 
the  manner  prescribed  in  sections  1341  to  1343  of  this  title. 


ARTICLE  6. 


-OATHS  AND  BONDS  OF  EXECUTORS  AND 
ADMINISTRATORS 


Sec.  Sec. 

1351.  Oatli    of   executor   or   administrator ;       1361. 

recording  letters. 

1352.  Bond    of    executor    or    administrator.       13G2. 

1353.  Conditions   of  bonds.  1363. 

1354.  Separate  bonds,  when  more  than  one       1364. 

administrator.  1365. 

1355.  Several    recoveries    may    be    had    on 

same   bond.  1366. 

1356.  Justification  of  sureties.  1367. 

1357.  Citation    and    requirements   of    judse       1368. 

on      deficient      bond ;      additional 
security.  1369. 

1358.  Right    ceases    when    sufficient    secu- 

rity  not   given.  1370. 

1359.  When   bond    may   be   dispensed   with. 

1360.  Petition  showing  failing  sureties  and 

asking  for  further  bonds. 

1351.  Oath  of  executor  or  administrator;  recording  letters. — 

Before  letters  testamentary  or  of  administration  are  issued  to  the 
executor  or  administrator,  he  must  take  and  subscribe  an  oath  before 
some  officer  authorized  to  administer  oaths,  that  he  will  perform, 
according  to  law,  the  duties  of  executor  or  administrator,  which 
oath  must  be  attached  to  the  letters.     All  letters  testamentary,  and 


Citation  to  executor,  etc.,  to  show 
cause  against  such  application. 

Further  security  may  be  ordered. 

Neglecting  to  obey  order. 

Suspending   powers   of   executor,    etc. 

Further  security  ordered  without  ap- 
plication of  party  in  interest. 

Release  of  sureties. 

New  sureties. 

Neglect  to  give  new  sureties  forfeits 
letters. 

Applications  to  ho  determined  at  any 
time. 

Liability  on  bond. 


506 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  135G 

of  administration,  with  the  affidavits  and  certificates  thereon,  must  be 
forthwith  recorded  by  the  clerk  of  the  court,  in  books  to  be  kept  by 
him  in  his  office  for  that  purpose. 

1352.  Bond  of  executor  or  administrator. — Every  person  to  whom 
letters  testamentary  or  of  administration  are  directed  to  issue,  must, 
before  receiving  them,  execute  a  bond  to  the  Government  of  the  Canal 
Zone,  with  two  or  more  sufficient  sureties,  to  be  approved  by  the 
district  court,  or  the  judge  thereof.  In  form  the  bond  must  be  joint 
and  several,  and  the  penalty  shall  be  in  such  reasonable  sum  as  the 
court  shall  direct. 

Ceoss-Refedrbnces 

Sureties,  see  sections  1356,  1357,  1360  to  1363,  1366,  1367,  and  1370  of  this 
title. 

Approved  by  judge  at  chambers,  see  section  27  of  this  title. 

Conditions  of  bond,  see  section  1353  of  this  title. 

Separate  bonds,  see  section  1354  of  this  title. 

Recovery  on  bonds,  see  sections  1355  and  1370  of  this  title. 

When  bond  may  be  dispensed  with,  see  section  1359  of  this  title. 

Executor  not  to  act  until  qualified,  see  title  3,  section  625. 

1353.  Conditions  of  bonds. — The  bond  must  be  conditioned  that 
the  executor  or  administrator  shall  faithfully  execute  the  duties  of 
the  trust  according  to  law. 

Ceoss-Retebencb 
Duties  of  executor,  see  sections  1521  et  seq.,  of  this  title. 

1354.  Separate  bonds,  when  more  than  one  administrator. — 

When  two  or  more  persons  are  appointed  executors  or  administrators, 
the  district  court,  or  the  judge  thereof,  must  require  and  take  a 
separate  bond  from  each  of  them. 

1355.  Several  recoveries  may  be  had  on  same  bond. — The  bond 
shall  not  be  void  upon  the  first  recovery,  but  may  be  sued  and  re- 
covered upon  from  time  to  time,  by  any  person  aggrieved,  in  his  own 
name,  until  the  whole  penalty  is  exhausted. 

Ceoss-Refebence 

Action  to  be  in  name  of  real  party  in  interest,  see  section  122  of  this  title. 

1356.  Justification  of  sureties. — In  all  cases  where  bonds  or  un- 
dertakings are  required  to  be  given,  under  chapters  23  to  36  of  this 
title,  the  sureties  must  justify  thereon  in  the  same  manner  and  in 
like  amounts  as  required  by  section  963  of  this  title,  and  the  certificate 
thereof  must  be  attached  to  and  filed  with  the  bond  or  undertaking. 
All  such  bonds  and  undertakings  must  be  approved  by  the  judge 
of  the  district  court  before  being  filed.  Upon  filing,  the  clerk  shall 
thereupon  enter  in  the  register  of  actions  the  date  and  amount  of 
such  bond  or  undertaking  and  the  name  or  names  of  the  surety  or 
sureties  thereon.  In  the  event  of  the  loss  of  such  bond  or  under- 
taking, such  entries  so  made  shall  be  prima  facie  evidence  of  the  due 
execution  of  such  bond  or  undertaking  as  required  by  law. 

Cboss-Refebencb 
Approval  by  judge  at  chambers,  see  section  27  of  this  title. 

507 


T.  4,  §1357]  THE  CODE  OF  CIVIL  PROCEDURE 

1357.  Citation  and  requirements  of  judge  on  deficient  bond; 
additional  security. — Before  the  judge  approves  any  bond  required 
under  chapters  23  to  36  of  this  title,  and  after  its  approval,  he  may, 
of  liis  own  motion,  or  upon  the  motion  of  any  person  interested  in 
the  estate,  supported  by  affidavit  that  the  sureties,  or  some  one  or 
more  of  them,  are  not  worth  as  much  as  they  have  justified  to,  order 
a  citation  to  issue  requiring  such  sureties  to  appear  before  him  at 
a  designated  time  and  place,  to  be  examined  touching  their  property 
and  its  value;  and  the  judge  must,  at  the  same  time,  cause  a  notice 
to  be  issued  to  the  executor  or  administrator  requiring  his  appear- 
ance on  the  return  of  the  citation ;  and  on  its  return  he  may  examine 
the  sureties  and  such  witnesses  as  may  be  produced,  touching  the 
property  of  the  sureties  and  its  value;  and  if,  upon  such  examination, 
he  is  satisfied  that  the  bond  is  insufficient,  he  must  require  sufficient 
additional  security. 

Cross-Refekencej 
Citation,  see  sections  1683  to  16S7  of  tliis  title. 

1358.  Right  ceases  when  sufficient  security  not  given. — If  suffi- 
cient security  is  not  given  within  the  time  fixed  by  the  judge's  order, 
the  right  of  such  executor  or  administrator  to  the  administration 
shall  cease,  and  the  person  next  entitled  to  the  administration  on  the 
estate,  who  will  execute  a  sufficient  bond,  must  be  appointed  to  the 
administration. 

1359.  When  bond  may  be  dispensed  with. — When  it  is  expressly 
provided  in  the  wall  that  no  bond  shall  be  required  of  the  executor, 
letters  testamentary  may  issue  without  any  bond,  unless  the  court, 
for  good  cause,  require  one  to  be  executed;  but  the  executor  may 
at  any  time  afterw^ards  (if  it  appear  from  any  cause  necessary 
or  proper)  be  required  to  file  a  bond,  as  in  other  cases. 

1360.  Petition  showing  failing  sureties  and  asking  for  further 
bonds. — Any  person  interested  in  an  estate  may,  by  verified  peti- 
tion, represent  to  the  district  court,  or  the  judge  thereof,  that  the 
sureties  of  the  executor  or  administrator  thereof  have  become,  or 
are  becoming,  insolvent,  or  that  they  have  removed,  or  are  about 
to  remove,  from  the  Canal  Zone,  or  that  from  any  other  cause  the 
bond  is  insufficient,  and  ask  that  further  security  be  required. 

CROSs-REnaiENCE 
Court  may  aslv  further  security,  see  section  13G5  of  this  title. 

1361.  Citation  to  executor,  etc.,  to  show  cause  against  such  ap- 
plication.— If  the  court,  or  the  judge  thereof,  is  satisfied  that  the 
matter  requires  investigation,  a  citation  must  be  issued  to  the  execu- 
tor or  administrator  requiring  him  to  appear,  at  a  time  and  place 
to  be  therein  specified,  to  show  cause  why  he  should  not  give  further 
security.  The  citation  must  be  served  personally  on  the  executor  or 
administrator,  at  least  five  days  before  the  return  da3^  If  he  has 
absconded,  or  cannot  be  found,  it  may  be  served  by  leaving  a  copy 
of  it  at  his  place  of  residence,  or  by  such  publication  as  the  court,  or 
the  judge  thereof,  may  order. 

Ckos  s-Rbh-'eren  cb 
Citation  on  deficient  bond,  see  section  1357  of  this  title. 

508 


THE  CODm  OF  CiViL  PROCEDURE  [T.  4,  §  136S 

1362.  Further  security  may  be  ordered. — On  the  return  of  the 

citation,  or  at  such  other  time  as  the  judge  may  appoint,  he  must 
proceed  to  hear  the  proofs  and  allegations  of  the  parties.  If  it  satis- 
factorily appears  that  the  security  is,  from  any  cause,  insufficient,  he 
may  make  an  order  requiring  the  executor  or  administrator  to  give 
further  security,  or  to  file  a  new  bond  in  the  usual  form  within  a 
reasonable  time,  not  less  than  five  days. 

1363.  Neglecting  to  obey  order. — If  the  executor  or  administra- 
tor neglects  to  comply  with  the  order  within  the  time  prescribed,  the 
judge  must,  by  order,  revoke  his  letters,  and  his  authority  must 
thereupon  cease. 

CROSS-RBaraKENCB 

Neglect  to  give  new  sureties  forfeits  letters,  see  section  1368  of  this  title. 

1364.  Suspending  powers  of  executor,  etc. — When  a  petition  is 
presented  praying  that  an  executor  or  administrator  be  required  to 
give  further  security,  or  to  give  bond,  where,  by  the  terms  of  the 
will,  no  bond  was  originally  required,  and  it  is  alleged,  on  oath,  that 
the  executor  or  administrator  is  wasting  the  property  of  the  estate, 
the  judge  may,  by  order,  suspend  his  powers  until  the  matter  can  be 
heard  and  determined. 

1365.  Further  security  ordered  without  application  of  party  in 
interest. — When  it  comes  to  his  knowledge  that  the  bond  of  any 
executor  or  administrator  is  from  any  cause  insufficient,  the  judge, 
without  any  application,  must  cause  him  to  be  cited  to  appear  and 
show  cause  why  he  should  not  give  further  security,  and  must 
proceed  thereon  as  upon  the  application  of  any  person  interested. 

1366.  Release  of  sureties. — When  a  surety  of  any  executor  or  ad- 
ministrator desires  to  be  released  from  responsibility  on  account  of 
future  acts,  he  may  make  application  to  the  district  court,  or  the 
judge  thereof,  for  relief.  The  court  or  judge  must  cause  a  citation 
to  the  executor  or  administrator  to  be  issued,  and  served  personally, 
requiring  him  to  appear  at  a  time  and  place,  to  be  therein  specified, 
and  to  give  other  security.  If  he  has  absconded,  left,  or  removed 
from  the  Canal  Zone,  or  if  he  cannot  be  found,  after  due  diligence 
and  inquiry,  service  may  be  made  as  provided  in  section  1361  of  this 
title. 

1367.  New  sureties. — If  new  sureties  be  given  to  the  satisfaction 
of  the  judge,  he  may  thereupon  make  an  order  that  the  sureties  who 
applied  for  relief  shall  not  be  liable  on  their  bond  for  any  subsequent 
act,  default,  or  misconduct  of  the  executor  or  administrator. 

1368.  Neglect  to  give  new  sureties  forfeits  letters. — If  the  execu- 
tor or  administrator  neglects  or  refuses  to  give  new  sureties,  to  the 
satisfaction  of  the  judge,  on  the  return  of  the  citation,  or  within 
such  reasonable  time  as  the  judge  shall  allow,  unless  the  surety  mak- 
ing the  application  shall  consent  to  a  longer  extension  of  time,  the 
court  or  judge  must,  by  order,  revoke  his  letters. 

Cross-Reference 

Forfeiture  of  right  when  sufficient  sureties  not  given,  see  sections  1358  and 
1363  of  this  title. 

509 


T.  4,  §  1369] 


THE  CODE  OF  CIVIL  PROCEDURE 


1369.  Applications  to  be  determined  at  any  time. — The  applica- 
tions authorized  by  sections  1360  to  1368  of  this  title  may  be  heard 
and  determined  at  any  time.  All  orders  made  therein  must  be 
entered  upon  the  minutes  of  the  court. 

1370.  Liability  on  bond. — The  liability  of  principal  and  sureties 
upon  the  bond  of  any  executor,  administrator,  or  guardian  is  in  all 
cases  to  pay  in  the  kind  of  money  or  currency  in  which  the  principal 
is  legally  liable. 

Cross-Rkij'erence 

Debts  payable  in  particular  kind  of  money,  see  sections  1477  and  1591  of 

this  title. 


ARTICLE  7. 


-SPECIAL  ADMINISTRATORS,  AND  THEIR  POWERS  AND 

DUTIES 


Sec. 

3  381.  Special      administrator,      ■when      ap- 
pointi^d. 

1382.  Appointment ;  Issuance  of  letters. 

1383.  Preference    in    appointment. 

1384.  Bond  and  oath  of. 

1385.  Powers  and  duties. 


Sec. 

1386.  When   letters  testamentary  or  of  ad- 

ministration   are    granted,    special 
administrator's  powers  cease. 

1387.  Account. 

1388.  Payment  of  secured  debts  by  special 

administrators. 


1381.  Special  administrator,  when  appointed. — When  there  is  de- 
lay in  granting  letters  testamentary  or  of  administration  from  any 
cause,  or  when  such  letters  are  granted  irregularW,  or  no  sufficient 
bond  is  filed  as  required,  or  when  no  application  is  made  for  such 
letters,  or  when  an  executor  or  administrator  dies,  or  is  suspended, 
or  removed,  the  district  court  or  judge  must  appoint  a  special  admin- 
istrator to  collect  and  take  charge  of  the  estate  of  the  decedent  in 
whatever  division  the  same  may  be  found,  and  to  exercise  such  other 
powers  as  may  be  necessary  for  the  preservation  of  the  estate ;  or  he 
may  direct  the  public  administrator  to  take  charge  of  the  estate. 

Cross-Refkeence 

Duties  of  special  administrator,  see  section  1385  of  this  title. 

1382.  Appointment;  issuance  of  letters. — The  appointment  may 
be  made  at  any  time  upon  such  notice  to  such  of  the  persons  interested 
in  the  estate  as  the  court  may  deem  reasonable.  After  the  person 
appointed  has  given  bond,  the  clerk  must  issue  special  letters  of 
administration  to  such  person. 

CrOS  S -RBa-ERENCE 

Oath  and  bond,  see  section  1384  of  this  title. 

1383.  Preference  in  appointment. — In  making  the  appointment 
of  a  special  administrator  the  court  must  give  preference  to  the  per- 
son entitled  to  letters  testamentary,  or  of  administration. 

CrossRefekence 
Persons  entitled  to  letters,  see  sections  1311  et  seq.,  of  this  title. 

1384.  Bond  and  oath  of. — Before  any  letters  issue  to  any  special 
administrator,  except  to  the  public  administrator,  he  must  give  bond 
in  such  sum  as  the  court  or  judge  may  direct,  with  sureties  to  the 


010 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1387 

satisfaction  of  the  court  or  judge,  conditioned  for  the  faithful  per- 
formance of  his  duties ;  and  he  must  take  the  usual  oath,  and  have  the 
same  indorsed  on  his  letters. 

Cboss-Refkkencb 

Oath  aud  bond  of  administrator,  see  sections  1351  et  seq.,  of  this  title. 

1385.  Powers  and  duties. — The  special  administrator  must  collect 
and  preserve  for  the  executor  or  administrator,  all  the  goods,  chattels, 
debtti,  and  effects  of  the  decedent,  all  incomes,  rents,  issues,  and 
profits,  claims,  and  demands  of  the  estate;  must  take  the  charge 
and  management  of,  enter  upon,  and  preserve  from  damage,  waste, 
and  injury,  the  real  estate,  and  for  any  such  and  all  necessary  pur- 
poses may  commence  and  maintain  or  defend  suits  and  other  legal 
proceedings  as  an  administrator;  he  may  sell  such  perishable  prop- 
erty as  the  court  may  order  to  be  sold,  and  exercise  such  other  powers 
as  are  conferred  upon  him  by  his  appointment,  but  except  when 
appointed  with  the  powers,  duties,  and  obligations  of  a  general 
administrator,  as  hereinafter  provided,  he  is  not  liable  to  an  action 
by  any  creditor  on  a  claim  against  the  decedent. 

When  a  special  administrator  is  appointed  pending  determination 
of  a  contest  of  a  will  instituted  prior  to  the  probate  thereof,  or 
pending  an  appeal  from  an  order  appointing,  suspending,  or  remov- 
ing an  executor  or  administrator,  such  special  administrator  shall 
have  the  same  powers,  duties,  and  obligations  as  a  general  adminis- 
trator, and  the  letters  of  administration  issued  to  him  shall  recite 
that  such  special  administrator  is  appointed  with  the  powers  of  a 
general  administrator. 

Ceos  s-Referbnce 

Account  of  administrator,  see  sections  1571  et  seq.,  of  this  title. 

1386.  When  letters  testamentary  or  of  administration  are 
granted,  special  administrator's  powers  cease. — When  letters  testa- 
mentary' or  of  administration  on  the  estate  of  the  decedent  have  been 
granted,  the  powers  of  the  special  administrator  cease,  and  he  must 
forthwith  deliver  to  the  executor  or  administrator  all  the  property 
and  effects  of  the  decedent  in  his  hands ;  and  the  executor  or  admin- 
istrator may  prosecute  to  final  judgment  any  suit  commenced  by 
the  special  administrator. 

1387.  Account. — The  special  administrator  must  render  an  ac- 
count on  oath  of  his  proceedings  in  like  manner  as  other  adminis- 
trators are  required  to  do. 

His  fees  and  those  of  his  attorney  shall  be  fixed  by  the  court: 
Provided,  Kowever,  That  the  total  fees  paid  to  the  special  adminis- 
trator and  executor,  or  to  the  special  administrator  and  general 
administrator  of  an  estate  must  not,  together,  exceed  the  sums  pro- 
vided for  in  section  1567  of  this  title,  including  the  further  allovfance 
therein  provided ;  and  that  the  total  fees  paid  to  the  attorneys  both 
of  the  special  administrator  and  executor,  or  of  the  special  adminis- 
trator and  general  administrator,  must  not,  together,  exceed  the  sums 
provided  for  in  section  1568  of  this  title,  including  the  further  allow- 
ance therein  provided. 

611 


T.  4,  §  1388] 


THE  CODE  OF  CIVIL  PROCEDURE 


And  when  the  same  person  does  not  act  as  both  special  administra- 
tor and  executor,  or  as  special  administrator  and  general  adminis- 
trator, of  the  estate,  such  fees  shall  be  divided  between  the  special 
administrator  and  executor,  or  between  the  special  administrator 
and  general  administrator  of  the  estate,  in  such  proportions  as  the 
court  shall  determine  to  be  just  and  reasonable. 

And  when  the  same  attorney  does  not  act  for  both  the  special 
administrator  and  executor,  or  for  the  special  administrator  and 
general  administrator  of  the  estate,  such  fees  shall  be  divided  between 
the  attorneys  in  such  proportion  as  the  court  shall  determine  to  be 
just  and  reasonable. 

1388.  Payment  of  secured  debts  by  special  administrators. — If 

it  shall  appear  by  the  verified  petition  of  any  special  administrator, 
or  other  person  interested  in  any  estate  in  the  charge  of  any  special 
administrator,  that  any  of  the  property  of  said  estate  is  subject 
to  any  mortgage,  lien,  or  deed  of  trust,  to  secure  the  payment  of 
money,  and  that  any  amount  so  secured,  either  principal  or  interest, 
is  past  due  and  unpaid ;  that  the  holder  of  the  security  threatens  or 
is  about  to  enforce  or  foreclose  the  same  and  that  the  said  property 
exceeds  in  value  the  amount  of  the  entire  obligation  thereon,  and 
an  order  is  asked  directly  or  permitting  said  special  administrator 
to  pay  all  or  any  part  of  the  amount  so  secured,  the  court  or  judge 
shall  fix  a  time  for  the  bearing  of  said  petition  and  shall  direct 
notice  of  not  less  than  ten  days  to  be  given  by  posting  in  three  public 
places  and  by  personal  service  on  all  parties  who  have  appeared 
or  their  attorneys.  At  the  time  so  appointed,  if  the  allegations  of 
such  petition  shall  be  proven  to  the  satisfaction  of  the  court  and 
it  shall  appear  to  be  for  the  best  interests  of  said  estate,  the  court 
may  order  the  special  administrator  to  pay  interest  or  other  por- 
tions or  the  whole  of  the  secured  debt,  and,  in  its  discretion,  may 
direct  the  special  administrator  to  take  proceedings  to  secure  funds 
for  such  purpose.  Any  such  order  for  payment  of  interest  may 
also  direct  that  interest  not  yet  accrued  be  paid  as  it  becomes  due 
and  such  order  shall  remain  in  effect  and  cover  such  future  interest 
until  and  unless  thereafter  for  good  cause  set  aside  or  modified 
by  the  court  upon  similar  petition  and  notice  to  that  hereinabove 
provided. 

ARTICLE   8.— WILLS    FOUND   AFTER   LETTERS    OF    ADMINISTRxVTION 
GRANTED,  AND  MISCELLANEOUS   PROVISIONS 


Sec. 

1391.  Preexisting    grant    of    letters,    when 

revoked. 
l.'^92.  Pow^r  of  executor  in  such  a  case. 

1393.  Remaining  administrator  or  executor 

to  continue  when  his  colleagues  are 
disqualified. 

1394.  Who  to  act  when  all  acting  are  in- 

competent. 


Sec. 

1395.  Executor  or  administrator  may  re- 
sign, when  ;  court  to  appoint  suc- 
cessor ;   liability  of  outgoer. 

ISOG.  All  acts  of  executor,  etc.,  valid  until 
liis  puwor  is  revoked. 

i;'!»7.  Transcript  of  court  minutes  to  be 
evidence. 


1391.  Preexisting  grant  of  letters,  when  revoked. — Upon  the 
admission  to  probate  of  a  will  after  a  grant  of  letters  of  administra- 
tion on  the  ground  of  intestacy,  or  upon  the  admission  to  probate 
of  a  later  will  than  the  one  before  admitted  to  probate,  the  preexist- 
ing grant  of  letters  testamentary   or   of  administration    must  be 


512 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1395 

revoked,  and  the  administrator  or  executor  whose  grant  of  authority 
is  thus  terminated  must  render  an  account  of  his  administration 
within  such  time  as  the  court  may  direct. 

CEOSS-REnrEBBNCBS 

Account  of  administrator,  see  sections  1571  et  seq.,  of  this  title. 
Accuuiit  after  autliorKy  ended,  see  section  1575  of  this  title. 

1392.  Power  of  executor  in  such  a  case. — In  such  case,  the  execu- 
tor or  the  administrator  with  the  will  annexed  is  entitled  to  demand, 
sue  for,  recover,  and  collect  all  the  rights,  goods,  chattels,  debts,  and 
effects  of  the  decedent  remaining  unadministered,  and  may  prose- 
cute to  final  judgment  any  suit  commenced  by  the  administrator 
before  the  revocation  cf  his  letters  of  administration. 

Cross-Reference 

Power  of  administrator  with  will  annexed,  see  section  1290  of  this  title. 

1393.  Remaining  administrator  or  executor  to  continue  when 
his  colleagues  are  disqualified. — In  case  any  one  of  several  execu- 
tors or  administrators,  to  whom  letters  are  granted,  dies,  becomes 
lunatic,  is  convicted  of  an  infamous  crime,  or  otherwise  becomes 
incapable  of  executing  the  trust;  or  in  case  the  letters  testamentary 
or  of  administration  are  revoked  or  annulled,  with  respect  to  any 
one  executor  or  administrator,  the  remaining  executor  or  adminis- 
trator must  proceed  to  complete  the  execution  of  the  will  or 
administration. 

1394.  Who  to  act  wiien  all  acting  are  incompetent. — If  all  such 
executors  or  administrators  die  or  become  incapable,  or  the  power 
and  authority  of  all  of  them  is  revoked,  the  court  must  issue  letters 
of  administration,  with  the  will  annexed  or  otherwise,  to  the  widow 
or  next  of  kin,  or  others,  in  the  same  order  and  manner  as  is  directed 
in  relation  to  original  letters  of  administration.  The  administrators 
so  appointed  must  give  bond  in  the  like  penalty,  with  like  sureties 
and  conditions,  as  hereinbefore  required  of  administrators,  and  shall 
have  the  like  power  and  authority. 

Cross-Refebences 

Order  and  manner  of  granting  letters  of  administration,  see  sections  1311  et 
seq.,  of  this  title. 

Letters  of  administration  with  will  annexed,  see  sections  1284,  1287  and  1290 
of  this  title. 

Oath  and  bond,  see  sections  1351  et  seq.,  of  this  title. 

Power  and  authority,  see  sections  1521  et  seq.,  of  this  title. 

1395.  Executor  or  administrator  may  resign,  when;  court  to 
appoint  successor;  liability  of  outgoer. — Any  executor  or  admin- 
istrator may,  at  any  time,  by  writing,  filed  in  the  district  court, 
resign  his  appointment,  having  first  settled  his  accounts  and  deliv- 
ered up  all  the  estate  to  the  person  whom  the  court  shall  appoint 
to  receive  the  same.  If,  however,  by  reason  of  any  delays  in  such 
settlement  and  delivery  up  of  the  estate,  or  for  any  other  cause,  the 
circumstances  of  the  estate  or  the  rights  of  those  interested  therein 
require  it,  the  court  may,  at  any  time  before  settlement  of  accounts 

513 


T.  4,  §  1396] 


THE  CODE  OF  CIVIL  PROCEDURE 


J 


and  delivering  up  of  the  estate  is  completed,  revoke  the  letters  of  such 
executor  or  administrator,  and  appoint  in  his  stead  an  administra- 
tor, either  special  or  general,  in  the  same  manner  as  is  directed  in 
relation  to  original  letters  of  administration.  The  liability  of  the 
outgoing  executor  or  administrator,  or  of  the  sureties  on  his  bond, 
shall  not  be  in  any  manner  discharged,  released,  or  affected  by  such 
appointment  or  resignation. 

1396.  All  acts  of  executor,  etc.,  valid  until  his  power  is  re- 
voked.— All  acts  of  an  executor  or  administrator,  as  such,  before 
the  revocation  of  his  letters  testamentary  or  of  administration,  are 
as  valid,  to  all  intents  and  purposes,  as  if  such  executor  or  adminis- 
trator had  continued  lawfully  to  execute  the  duties  of  his  trust. 

1397.  Transcript  of  court  minutes  to  be  evidence. — A  transcript 
from  the  minutes  of  the  court,  showing  the  appointment  of  any 
person  as  executor  or  administrator,  together  with  the  certificate 
of  the  clerk,  under  his  hand  and  the  seal  of  his  court,  that  such  per- 
son has  given  bond  and  been  qualified,  and  that  letters  testamentary 
or  of  administration  have  been  issued  to  him  and  have  not  been 
revoked,  shall  have  the  same  effect  in  evidence  as  the  letters 
themselves. 

CEOSS-REaFERENCE 

Letters  recorded,  see  section  1351  of  this  title. 

ARTICLE  9.— DISQUALIFICATION  OF  JUDGE 

1401.  When  judge  not  to  act. — No  will  shall  be  admitted  to  pro- 
bate, or  letters  testamentary  or  of  administration  granted,  before 
any  judge  who  is  interested  as  next  of  kin  to  the  decedent,  or  as 
a  legatee  or  devisee  under  the  will,  or  when  he  is  named  as  executor 
or  trustee  in  the  will,  or  is  a  witness  thereto,  or  is  in  any  other 
manner  interested  or  disqualified  from  acting. 

ARTICLE  10.— REMOVALS  AND  SUSPENSIONS  IN  CERTAIN  CASES 


Sec. 

1411.  Suspension  of  powers  of  executor  or 

administrator. 

1412.  Revocation  of  letters. 

1413.  Any  party  interested  may  appear  on 

hearing. 


Sec. 

1414.  Notice   to    absconding   executors   and 

administrators. 

1415.  May  compel  attendance. 


1411.  Suspension   of   powers  of  executor   or  administrator. — 

Whenever  the  district  judge  has  reason  to  believe  from  his  own 
knowledge,  or  from  credible  information,  that  any  executor  or 
administrator  has  wasted,  embezzled,  or  mismanaged,  or  is  about 
to  waste  or  embezzle  the  property  of  the  estate  committed  to  his 
charge,  or  has  committed  or  is  about  to  commit  a  fraud  upon  the 
estate,  or  is  incompetent  to  act,  or  has  removed  or  is  about  to  remove 
from  the  Canal  Zone,  or  has  wrongfully  neglected  the  estate,  or  has 
long  neglected  to  perform  any  act  as  such  executor  or  administrator, 
he  must,  by  an  order  entered  upon  the  minutes  of  the  court,  direct 
such  executor  or  administrator  to  be  cited  to  appear  and  show  cause 
why  his  letters  should  not  be  revoked,  and  may  also  suspend  the 


514 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1415 

powers  of  such  executor  or  administrator,  until  the  matter  is 
investigated. 

Cboss-Refkbences 

Misconduct  as  to  inventory,  see  sections  1438  and  1439  of  this  title. 

Misconduct  as  to  exhibit  and  account,  see  sections  1573,  1574,  and  1576  of  this 
title. 

Suspension  of  executor,  etc.,  at  chambers,  see  section  27  of  this  title. 

Removal  of  executor,  see  sections  1341  et  seq.,  of  this  title. 

Revocation  of  letters  for  waste,  embezzlement  or  neglect,  see  section  1572  of 
this  title. 

Removal  for  contempt,  see  section  1693  of  this  title. 

1412.  Revocation  of  letters. — If  the  executor  or  administrator 
fails  to  api>ear  in  obedience  to  the  citation,  or,  if  he  appears,  and  the 
court  is  satisfied  from  the  evidence,  that  there  exists  cause  for  his 
removal,  his  letters  must  be  revoked. 

1413.  Any  party  interested  may  appear  on  hearing. — At  the 

hearing,  any  person  interested  in  the  estate  may  appear  and  file  his 
allegations  in  writing,  showing  that  the  executor  or  administrator 
should  be  removed;  to  which  the  executor  or  administrator  may 
demur  or  answer,  as  hereinbefore  provided.  The  issues  raised  must 
be  heard  and  determined  by  the  court. 

1414.  Notice  to  absconding  executors  and  administrators. — If 

the  executor  or  administrator  has  absconded  or  conceals  himself, 
or  has  removed  or  absented  himself  from  the  Canal  Zone,  notice  may 
be  given  him  of  the  pendency  of  the  proceedings  by  publication,  in 
such  manner  as  the  court  may  direct,  and  the  court  may  proceed 
upon  such  notice  as  if  the  citation  had  been  personally  served. 

Cross-Refeeence 

Compare  section  1576  of  this  title. 

1415.  May  compel  attendance. — In  the  proceedings  authorized 
by  the  preceding  sections  of  this  article,  for  the  removal  of  an  ex- 
ecutor or  administrator,  the  court  may  compel  his  attendance  by 
attachment,  and  may  compel  him  to  answer  questions,  on  oath, 
touching  his  administration,  and,  upon  his  refusal  so  to  do,  may 
commit  him  until  he  obey,  or  may  revoke  his  letters,  or  both. 

Cross-references 

Compelling  obedience,  compare  sections  1573  and  1574  of  this  title. 
Contempt,  see  sections  1163  et  seq.,  of  this  title. 


515 


T.  4,  §  1431]  TEE  CODE  OF  CIVIL  PROCEDURE 

CHAPTER  26.— INVENTORY  AND  COLLECTION  OF  EFFECTS  OF 

DECEDENTS 

Art.  Sec.   i    Art.  Sec. 

1.   Inventory,  appraisement,  and  pos-  2.  Embezzlement    and    surrender    of 

session  of  estate 1431   I  property  of  estate 1451 

ARTICLE   1.— INVENTORY,   APPRAISEMENT,   AND   POSSESSION   OF 

ESTATE 


See. 

1431.  Inventory    and    appraisement    to    be 

returned. 

1432.  Apprai.sers  of  estates  of  deceased  per- 

sons. 

1433.  Oath    of   appraisers ;    inventory   must 

shovy  wliat. 

1434.  Inventory    to    account    for    moneys ; 

if     all     money,     no     appraisement 
necessary. 

1435.  Effect   of   naming  a   debtor  executor. 

1436.  Discharge  or  bequest  of  debt  against 

executor. 


Sec. 

1437.  To   malie   oath   to   inventory. 

1438.  Letters   may    be   revoked    for    neglect 

of  administrator. 

1439.  Inventory    of   after    discovered    prop- 

erty. 

1440.  Executor    entitled    to    possesJS    all    of 

estate  of  deci'dent. 

1441.  Executor  or  administrator  to  deliver 

real  estate  to  heirs  or  devisees. 


Section   1431.  Inventory  and  appraisement  to   be  returned. — 

Every  executor  or  administrator  must  make  and  return  to  the  court, 
within  thirty  days  after  his  appointment,  a  true  inventory,  and,  also, 
if  the  court  so  direct,  an  appraisement  of  all  the  estate  of  the  dece- 
dent which  has  come  to  his  possession  or  knowledge. 

Cross-Referknces 

Failure  to  return  inventory,  see  section  143S  of  this  title. 

Inventory  of  after  discovered  property,  see  section  1439  of  this  title. 

1432.  Appraisers  of  estates  of  deceased  persons. — To  make  the 
appraisement,  the  court  or  judge  must  appoint  three  disinterested 
persons,  any  two  of  whom  may  act. 

Each  of  said  appraisers  is  entitled  to  receive  from  each  estate  he 
appraises,  as  compensation  for  his  services,  such  sum  as  may  be  fixed 
by  the  court  or  judge. 

The  appraisers  or  appraiser  must,  with  the  inventory,  file  a  verified 
account  of  their  or  his  services  and  disbursements. 

No  clerk  or  deputy,  nor  any  person  related  by  consanguinity  or 
affinity  to  or  connected  by  marriage  with,  or  being  a  partner  or 
employee  of  the  judge  of  the  court,  shall  be  appointed  or  shall  be 
competent  to  act  as  appraiser  in  any  estate,  or  matter  or  proceeding 
pending  before  said  judge  or  in  said  court. 

CKOSS-REFra?ENCES 

Appointment  at  chambers,  see  section  27  of  this  title. 

Appraisement  of  interest  in  partnership,  see  section  1525  of  this  title. 

1433.  Oath  of  appraisers;  inventory  must  show  what.— Before 

proeeeding  to  the  execution  of  their  duty,  the  appraisers  must  take 
and  subscribe  an  oath,  to  be  attached  to  the  inventory,  that  they 
will  truly,  honestly,  and  impartially  ap])raise  the  property  exhibited 
to  them,  according  to  the  best  of  their  knoAvledge  and  ability. 

They  must  then  proceed  to  estimate  and  appraise  tlie  property; 
each  item  of  property  must  be  set  down  separately,  with  the  value 
thereof  in  dollars  and  cents  in  figures,  opposite  the  items  respectively. 

516 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1438 

The  iiiventoiy  must  contain  all  the  estate  of  the  decedent,  real  and 
personal,  a  statement  of  all  debts,  bonds,  morti^ages,  notes,  and  other 
securities  for  the  payment  of  money  belonging  to  the  decedent,  speci- 
fying the  name  of  the  debtor  in  each  debt  or  security,  the  date,  the 
sum  originally  payable,  the  indorsement  thereon  (if  any),  with 
their  dates,  and  the  sum  which,  in  the  judgment  of  the  appraisers, 
may  be  collected  on  each  debt  or  security;  and  a  statement  of  the 
interest  of  the  decedent  in  any  partnership  of  which  he  was  a  mem- 
ber, to  be  appraised  as  a  single  item. 

The  inventory  must  also  show,  so  far  as  the  same  can  be  ascertained 
by  the  executor  or  administrator,  what  portion  of  the  property  is 
community  property,  and  what  portion  is  the  separate  property  of 

the  decedent. 

Cross-references 

Appraisement  and  inventory  of  partner's  interest,  see  section  1525  of  this  title. 
Oath  to  inventory,  see  section  1437  of  this  title. 

1434.  Inventory  to  account  for  moneys;  if  all  money,  no  ap- 
praisement necessary. — The  inventory  must  also  contain  an  account 
of  all  monej^s  belonging  to  the  decedent  which  have  come  to  the 
hands  of  the  executor  or  administrator,  and  if  none,  the  fact  must  be 
so  stated  in  the  inventory. 

1435.  Effect  of  naming  a  debtor  executor. — The  naming  of  a 
person  as  executor  does  not  thereby  discharge  him  from  any  just 
claim  which  the  testator  has  against  him,  but  the  claim  must  be 
included  in  the  inventory,  and  the  executor  is  liable  for  the  same,  as 
for  so  much  money  in  his  hands,  when  the  debt  or  demand  becomes 
due. 

1436.  Discharge  or  bequest  of  debt  against  executor. — The  dis- 
charge or  bequest  in  a  will,  of  any  debt  or  demand  of  the  testator 
against  the  executor  named,  or  any  other  person,  is  not  valid  against 
the  creditors  of  the  decedent,  but  is  a  specific  bequest  of  the  debt 
or  demand.  It  must  be  included  in  the  inventory,  and,  if  necessary, 
applied  in  the  payment  of  the  debts.  If  not  necessary  for  that  pur- 
pose, it  must  be  paid  in  the  same  manner  and  proportion  as  other 
specific  legacies. 

1437.  To  make  oath  to  inventory. — The  inventory  must  be  signed 
by  the  appraisers,  if  any  there  be,  and  the  executor  or  administrator 
must  take  and  subscribe  an  oath,  before  an  officer  authorized  to 
administer  oaths,  that  the  inventory  contains  a  true  statement  of  all 
the  estate  of  the  decedent  which  has  come  to  his  knowledge  and 
possession,  and  particularly  of  all  money  belonging  to  the  decedent, 
and  of  all  just  claims  of  the  decedent  against  the  affiant.  The  oath 
must  be  indorsed  upon  or  annexed  to  the  inventory. 

Cross-Reference 

Oath  of  appraisers,  see  section  1433  of  this  title. 

1438.  Letters  may  be  revoked  for  neglect  of  administrator. — 

If  an  executor  or  administrator  neglects  or  refuses  to  return  the 
inventory  within  the  time  prescribed,  or  within  such  further  time, 
not  exceeding  two  months,  which  the  court  or  judge  shall,  for  reason- 

517 


T.  4,  §  1439]  THE  CODE  OF  CIVIL  PROCEDURE 

able  cause,  allow,  the  court  may,  upon  notice,  revoke  the  letters 
testamentory  or  of  administration,  and  the  executor  or  administrator 
is  liable  on  his  bond  for  any  injury  to  the  estate,  or  any  person 
interested  therein,  arising  from  such  failure. 

Cross-Reference 
Inventory,  time  to  return,  see  section  1431  of  tliis  title. 

1439.  Inventory  of  afterdiscovered  property. — Whenever  prop- 
erty not  mentioned  in  an  inventory  that  is  made  and  filed,  comes  to 
the  possession  or  knowledge  of  an  executor  or  administrator,  he  must 
cause  the  same  to  be  appraised  in  the  manner  prescribed  in  this 
article,  and  an  inventory  thereof  to  be  returned  within  two  months 
after  the  discovery;  and  the  making  of  such  inventory  may  be 
enforced,  after  notice,  by  attachment  or  removal  from  office. 

Ceoss-Reterence 
Enforcement  by  attachment,  compare  section  1415  of  this  title. 

1440.  Executor  entitled  to  possess  all  of  estate  of  decedent. — 

The  executor  or  administrator  is  entitled  to  the  possession  of  all  the 
real  and  personal  estate  of  the  decedent,  and  to  receive  the  rents  and 
profits  of  the  real  estate  until  the  estate  is  settled  or  until  delivered 
over  by  the  order  of  the  court  to  the  heirs  or  devisees ;  and  must  keep 
in  good  tenantable  repair  all  houses,  buildings,  and  fixtures  thereon 
which  are  under  his  control.  After  the  expiration  of  the  time  for 
the  presentation  of  claims,  he  is  not  entitled  to  recover  the  possession 
of  any  property  of  the  estate  from  any  heir,  who  has  succeeded  to 
the  property  in  his  possession  or  from  any  devisee,  or  legatee,  to 
whom  the  property  has  been  devised  or  bequeathed,  or  from  the 
assignee  of  any  such  heir,  devisee,  or  legatee,  unless  he  proves  that 
the  same  is  necessary  for  the  payment  of  debts  or  legacies,  or  of 
expenses  of  administration  already  accrued,  or  for  distribution  to 
some  other  heir,  devisee,  or  legatee  entitled  thereto.  The  heirs  or 
devisees  may  themselves,  or  jointly  with  the  executor  or  adminis- 
trator, maintain  an  action  for  the  possession  of  the  real  estate,  or  for 
the  purpose  of  quieting  title  to  the  same,  against  anyone  except  the 
executor  or  administrator ;  but  this  section  shall  not  be  so  construed 
as  to  require  them  so  to  do. 

Ceoss-Refekences 

Acts  of  a  portion  of  executors  valid,  see  section  1289  of  this  title. 

Possession  of  estate,  see  section  1521  of  this  title. 

Partnership  property,  see  section  1525  of  this  title. 

Actions  by  executors,  see  sections  1451,  and  1521  et  seq.,  of  this  title. 

1441.  Executor  or  administrator  to  deliver  real  estate  to  heirs  or 
devisees. — Unless  it  satisfactorily  appear  to  the  court  that  the  rents, 
issues,  and  profits  of  the  real  estate  for  a  longer  period  are  necessary 
to  be  received  by  the  executor  or  administrator,  wherewith  to  pay  the 
debts  of  the  decedent,  or  that  it  will  ]Drobably  be  necessary  to  sell 
the  real  estate  for  the  payment  of  such  debts,  the  court  at  the  end 
of  the  time  limited  for  the  presentation  of  claims  against  the  estate, 
must  direct  the  executor  or  administrator  to  deliver  possession  of  all 
the  real  estate  to  the  heirs  at  law  or  devisees. 

518 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1453 

*1    ARTICLE    2.— EMBEZZLEMExXT    AND    SURRENDER   OF    PROPERTY    OF 

ESTATE 


Sec. 

1451.  Embozzling  efifect.s  of  a  decedont. 

1452.  Citation    to   person    suspected  of  em- 

bezzlement,   concealment,    etc.,    of 


Sec. 

1453.  Refusal  to  obey  citation,  penalty  for, 
and     for    embezzlement ;     may     be 

-     , ,     -_  compelled   to  disclose  by   impiison- 

property,  ment ;    liable    for   double    damages. 

1454.  Persons  intrusted  with  estate  of  de- 
I  cedent  may  be  cited  to  account. 

1451.  Embezzling  effects  of  a  decedent. — If  any  person  em- 
bezzles, conceals,  smuggles,  or  fraudulently  disposes  of  any  of  the 
moneys,  goods,  chattels,  or  effects  of  a  decedent,  he  is  chargeable 
therewith,  and  liable  to  an  action  by  the  executor  or  administrator 
of  the  estate  for  double  the  value  of  the  property  so  embezzled,  con- 
cealed, smuggled,  or  fraudulently  disposed  of,  to  be  recovered  for 
the  benefit  of  the  estate. 

CkOS  8-RE!FE31EN  CB 

Actions  by  executors,  etc.,  generally,  see  sections  1440,  1453,  and  1521  et  seq., 
of  this  title. 

1452.  Citation  to  person  suspected  of  embezzlement,  conceal- 
ment, etc.,  of  property. — If  any  executor,  administrator,  or  other 
person  interested  in  the  estate  of  a  decedent,  complains  to  the  dis- 
trict court  or  judge,  on  oath,  that  any  person  is  suspected  to  have 
concealed,  embezzled,  smuggled,  or  fraudulently  disposed  of  any 
moneys,  goods,  or  chattels  of  the  decedent,  or  has  in  his  possession  or 
knowledge  any  deeds,  conveyances,  bonds,  contracts,  or  other 
writings,  which  contain  evidences  of  or  tend  to  disclose  the  right, 
title,  interest,  or  claim  of  the  decedent  to  any  real  or  personal  estate, 
or  any  claim  or  demand,  or  any  lost  will,  the  said  court  or  judge 
may  cite  such  person  to  appear  before  such  court,  and  may  examine 
him  on  oath  upon  the  matter  of  such  complaint.  But  if  he  appears 
and  is  found  innocent,  his  necessary  expenses  must  be  allowed  him 
out  of  the  estate. 

1453.  Refusal  to  obey  citation,  penalty  for,  and  for  embezzle- 
ment may  be  compelled  to  disclose  by  imprisonment;  liable  for 
double  damages. — If  the  person  so  cited  refuses  to  appear  and  sub- 
mit to  an  examination,  or  to  answer  such  interrogatories  as  may  be 
put  to  him,  touching  the  matters  of  the  complaint,  the  court  may,  by 
warrant  for  that  purpose,  commit  him  to  jail,  there  to  remain  in  close 
custody  until  he  submits  to  the  order  of  the  court  or  is  discharged 
according  to  law.  If,  upon  such  examination,  it  appears  that  he 
has  concealed,  embezzled,  smuggled,  or  fraudulently  disposed  of 
any  moneys,  goods,  or  chattels  of  the  decedent,  or  that  he  has  in  his 
possession  or  knowledge  any  deeds,  conveyances,  bonds,  contracts,  or 
other  writings  containing  evidences  of  or  tending  to  disclose  the 
right,  title,  interest,  or  claim  of  the  decedent  to  any  real  or  personal 
estate,  claim,  or  demand,  or  any  lost  Avill  of  the  decedent,  the  court 
may  make  an  order  requiring  such  person  to  disclose  his  knowledge 
thereof  to  the  executor  or  administrator,  and  may  commit  him  to 
jail,  there  to  remain  until  the  order  is  complied  with,  or  he  is  dis- 
charged according  to  law ;  and  all  such  interrogatories  and  answers 
must  be  in  writing,  signed  by  the  party  examined,  and  filed  in  the 

519 


T.  4,  §  1454] 


THE  CODE  OF  CIVIL  PROCEDURE 


court.    In  addition  to  the  examination  of  the  part}^,  witnesses  may  be 
produced  and  examined  on  either  side. 

Cross-Keferencb 
Contempt,  see  section  11G3  of  this  title. 

1454.  Persons  intrusted  with  estate  of  decedent  may  be  cited 
to  account. — The  district  court  or  judge,  upon  the  complaint,  on 
oath,  of  any  executor  or  administrator,  may  cite  any  person  who 
has  been  intrusted  with  any  part  of  the  estate  of  the  decedent  to 
appear  before  such  court,  and  require  him  to  render  a  full  account, 
on  oath,  of  any  moneys,  goods,  chattels,  bonds,  accounts,  or  other 
property  or  papers  belonging  to  the  estate,  which  have  come  to  his 
possession  in  trust  for  the  executor  or  administrator,  and  of  his 
proceedings  thereon;  and  if  the  person  so  cited  refuses  to  appear 
and  render  such  account,  the  court  may  proceed  against  him  as 
provided  in  the  next  preceding  section. 

CHAPTER  27.— PROVISION  FOR  THE  SUPPORT  OF  THE  FAMILY 


Sec. 

1461.  Widow   and   minor    children   may    re- 

main   in     possession    of    furniture 
and   apparel. 

1462.  All   property   exempt   from   execution 

to  be  set  apart  for  use  of  family. 
14G3.  Notice  of  hearing ;   to  whom   sent. 


Sec. 

1464.  Court  may  make  extra  allowance. 

1405.   Payment  of  allowance. 

1466.  Property  set  apart,  how  apportioned. 

1467.  Administration   of  estate  not  exceed- 

ing $1,000  in  value. 

1468.  When  all  property  to  go  to  children. 


Section  1461.  Widow  and  minor  children  may  remain  in  posses- 
sion of  furniture  and  apparel. — When  a  person  dies  leaving  a 
widow  or  minor  children,  the  widow  or  children,  until  letters  are 
granted  and  the  inventory  is  returned,  are  entitled  to  remain  in 
po.ssession  of  all  the  wearing  apparel  of  the  family,  and  of  all  the 
household  furniture  of  the  decedent,  and  are  also  entitled  to  a 
reasonable  provision  for  their  support,  to  be  allowed  by  the  district 
court  or  judge. 

Ceoss-Refehences 

Extra  allowance,  see  section  1464  of  this  title. 

Olothing  of  decedent  and  household  effects  not  exceedinj?  in  value  $2,500 
to  go  to  surviving  wife  without  administration,  see  title  3,  section  649. 

1462.  All  property  exempt  from  execution  to  be  set  apart  for 
use  of  family. — Upon  the  return  of  the  inventory,  or  at  any  subse- 
sequent  time  during  the  administration,  the  court  may,  on  petition 
therefor,  set  apart  for  the  use  of  the  surviving  husband  or  wife,  or, 
in  case  of  his  or  her  death,  to  the  minor  children  of  the  decedent, 
all  the  property  exempt  from  execution. 

1463.  Notice  of  hearing;  to  whom  sent. — When  the  petition  men- 
tioned in  the  next  preceding  section  is  filed  the  clerk  of  the  court 
must  set  the  petition  for  hearing  by  the  court  and  give  notice  thereof 
by  causing  notices  to  be  posted  in  at  least  three  public  places  in  the 
division,  one  of  which  must  be  at  the  place  where  the  court  is  held, 
containing  the  name  of  the  decedent,  the  name  of  the  petitioner,  the 
nature  of  the  application,  and  the  time  at  Avhich  the  same  will  be 
heard.  Such  notice  must  be  given  at  least  ten  days  before  the  hear- 
ing, and  a  copy  thereof  must  be  mailed  at  least  ten  days  before 


520 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §  1467 

the  day  appointed  for  the  hearing  to  the  executor  or  administrator, 
if  he  be  not  the  petitioner,  and  to  any  person  named  as  coexecutor 
or  coadministrator  not  petitioning,  and  upon  the  attorney  of  any 
person  who  has  appeared  or  given  notice  of  appearance  (by  an 
attorney)  in  tlie  estate  as  heir,  legatee,  devisee,  next  of  kin,  or 
creditor,  or  as  otherwise  interested,  addressed  to  them  at  their  phices 
of  residence,  or  oiHce,  if  known,  and  if  not  known,  then  to  the  place 
where  the  proceedings  are  pending.  Proof  of  such  posting  and 
mailing  must  be  made  at  the  hearing. 

1464.  Court  may  make  extra  allowance. — If  the  property  set 
apart  is  insufficient  for  the  support  of  the  widow  and  children,  or 
either,  the  court  or  judge  must  take  such  reasonable  allowance  out  of 
the  estate  as  shall  be  necessary  for  the  maintenance  of  the  family, 
according  to  their  circumstances,  during  the  progress  of  the  settle- 
ment of  the  estate,  which,  in  case  of  an  insolvent  estate,  must  not 
be  longer  than  one  year  after  granting  letters  testamentary  or  of 
administration. 

1465.  Payment  of  allowance. — Any  allowance  made  by  the  court 
or  judge,  in  accordance  with  the  provisions  of  this  chapter,  must  be 
paid  in  preference  to  all  other  charges,  except  funeral  charges  and 
expenses  of  administration ;  and  any  such  allowance  whenever  made, 
may,  in  the  discretion  of  the  court  or  judge,  take  effect  from  the 
death  of  the  decedent. 

1466.  Property  set  apart,  how  apportioned. — When  property  is 
set  apart  to  the  use  of  the  family,  in  accordance  with  the  provisions 
of  this  chapter,  such  property,  if  the  decedent  left  a  surviving  spouse 
and  no  minor  child,  is  the  property  of  such  spouse.  If  the  decedent 
left  also  a  minor  child  or  children,  the  one  half  of  such  property 
belongs  to  the  surviving  spouse,  and  the  remainder  to  the  child,  or  in 
equal  shares  to  the  children,  if  there  are  more  than  one.  If  there  is 
no  surviving  spouse,  the  whole  belongs  to  the  minor  child  or  children. 

Cross-Re!ference 
Where  widow  has  a  maintenance,  see  section  1468  of  this  title. 

1467.  Administration  of  estate  not  exceeding  $1,000  in  value. — 

If  a  deceased  person  leave  a  widow  or  minor  child  or  minor  children 
and  upon  the  return  of  the  inventory  of  the  estate  of  such  deceased 
person  it  shall  appear  to  the  court  or  judge  by  the  verified  petition 
of  the  personal  representative  of  such  deceased  person  or  his  widow 
or  of  the  guardian  of  his  minor  children  or  of  any  of  them  that  the 
net  value  of  the  whole  estate  of  said  deceased  over  and  above  all  liens 
or  encumbrances  of  record  at  the  date  of  the  death  of  said  deceased 
does  not  exceed  the  sum  of  $1,000,  not  including  the  property  excepted 
from  administration  under  section  649  of  title  3,  the  court,  or  judge, 
shall,  by  order,  require  all  persons  interested  to  appear  on  a  day  fixed 
to  show  cause  why  the  whole  of  said  estate  should  not  be  assigned  for 
the  use  and  support  of  the  family  of  the  deceased. 

Notice  or  hearing. — Notice  thereof  shall  be  given  and  proceedings 
had  in  the  same  manner  as  provided  in  section  1463  of  this  title. 

Proceedikgs  on  hearing. — If  upon  the  hearing,  the  court  finds  that 
the  net  value  of  the  estate  over  and  above  all  liens  or  encumbrances 

93083—34 34  521 


T.  4,  §  1468] 


TEE  CODE  OF  CIVIL  PROCEDURE 


of  record  at  the  date  of  the  death  of  said  deceased  does  not  exceed 
the  sum  of  $1,000,  not  including  the  property  excepted  from  admin- 
istration under  section  649  of  title  3,  it  shall,  by  decree  for  that  pur- 
pose, assign  to  the  widow  of  the  deceased,  if  tfiere  be  a  widow,  or  if 
there  be  no  widow,  then  to  the  minor  children  of  the  deceased,  if 
there  be  minor  children,  the  whole  of  the  estate,  subject  to  whatever 
mortgages,  liens,  or  encumbrances  there  may  be  upon  said  estate  at 
the  time  of  the  death  of  said  deceased,  after  the  payment  of  the 
expenses  of  the  last  illness  of  the  deceased,  funeral  charges,  and 
expenses  of  administration,  and  the  title  thereof  shall  vest  absolutely 
in  such  widow,  if  there  is  a  widow,  or  if  there  is  no  widow,  in  the 
minor  children  or  child,  subject  to  whatever  mortgages,  liens,  or 
encumbrances  there  may  be  upon  said  estate  at  the  time  of  the  death 
of  the  deceased,  and  there  must  be  no  further  proceedings  in  the 
administration,  unless  further  estate  be  discovered. 

1468.  When  all  property  to  go  to  children. — If  the  widow  has  a 
maintenance  derived  from  her  own  property  equal  to  the  portion  set 
apart  to  her  by  the  preceding  sections  of  this  chapter,  the  whole 
property  so  set  apart  must  go  to  the  minor  children. 


CHAPTER  28.— CLAIMS  AGAINST  ESTATE 


Sec. 
1471. 

1472. 
1473. 

1474. 

1475. 
1476. 
1477. 
1478. 

1479. 
1480. 
1481. 

1482. 


Notice  to  creditors  of  decedents' 
estates. 

Time  expressed  in  the  notice. 

Bailing  copy  of  printed  notice  to 
creditors. 

Recording  decree  of  notice  to  credi- 
tors. 

Claims  not  filed  are  barred. 

Claims  must   be  sworn   to. 

Claims    to    be   allowed   or   rejected. 

Original  instrument  need  not  be 
tiled  with  claim. 

Rejection  of  claim  against  estates. 

Claims   barred    by    statute. 

Actions   on    claims. 

Time   of  limitation. 


Sec. 

1483.  Action    pending  at   decedent's   death. 

1484.  Allowance  in   part. 

1485.  Effect  of  judgment  against  executor. 

1486.  .ludgment  against  decedent. 

1487.  Disputed    claim    may    be    referred    to 

referee. 

1488.  Trial  by  referee,  how  confirmed,  and 

its   effect. 

1489.  Liability  of  executor,   etc.,  for  costs. 

1490.  Executor's    claim. 

1491.  Executor  neglecting  to  give  notice  to 

creditors,  to  be  removed. 

1492.  Statement  of  claims  against  estate. 

1493.  Payment  of  debts  bearing  interest. 

1494.  When  claimant  cannot  be  found  ;  de- 

posit with  collector. 


Section  1471.  Notice  to  creditors  of  decedents'  estates. — Every 
executor  or  administrator  must,  immediately  after  his  letters  are 
issued,  cause  to  be  published  in  some  newspaper  of  general  circulation 
in  the  Canal  Zone,  a  notice  to  the  creditors  of  the  decedent,  requiring 
all  persons  having  claims  against  said  decedent  to  file  them,  with  the 
necessary  vouchers,  in  the  office  of  the  clerk  of  the  court,  or  to  exhibit 
them,  with  the  necessary  vouchers,  to  the  executor  or  administrator, 
at  the  place  of  his  residence  or  business  to  be  specified  in  the  notice. 
Such  notice  must  be  published  not  less  than  once  a  week  for  four 
weeks.  In  case  such  executor  or  administrator  resigns,  or  is  removed, 
before  the  time  expressed  in  the  notice,  his  successor  must  give  notice 
only  for  the  unexpired  time  allowed  for  such  filing  or  presentation: 
Provided,  however,  That  the  publication  may,  in  the  discretion  of  the 
court,  be  disj^ensed  with,  in  which  event  the  court  may  direct  notice 
by  posting  in  three  public  places  in  the  Canal  Zone  for  a  period  of 
four  weeks. 

Ceoss-Referencb 

Publication  of  notice,  how  often,  see  section  1682  of  this  title. 

Removal  of  executor  neglecting  to  give  notice,  see  section  1491  of  this  title. 


522 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  147G 

1472.  Time  expressed  in  the  notice. — The  time  expressed  in  the 
notice  must  be  ten  months  after  its  first  pubUcation,  when  the  estate 
exceeds  in  value  the  sum  of  $10,000,  and  four  months  when  it  does 
not. 

1473.  Filing  copy  of  printed  notice  to  creditors. — Within  thirty 
days  after  the  first  publication  of  notice  to  creditors,  the  executor 
or  administrator  must  file  or  cause  to  be  filed  in  the  court  a  copy  of 
said  notice  to  creditors  accompanied  by  a  statement,  setting  forth 
the  date  of  the  first  publication  thereof  and  the  name  of  the  news- 
paper in  which  the  same  is  printed,  or  the  dates  and  places  of  post- 
ing, if  the  posting  of  notices  be  directed. 

1474.  Recording  decree  of  notice  to  creditors. — After  the  notice 
is  given,  as  required  by  section  1471  of  this  title,  a  copy  thereof,  with 
the  affidavit  of  due  publication  or  posting,  must  be  filed  and  upon 
such  affidavit  or  other  testimony  to  the  satisfaction  of  the  court,  an 
order  or  decree  showing  that  due  notice  to  creditors  has  been  given, 
and  directing  that  such  order  or  decree  be  entered  in  the  minutes, 
must  be  made  by  the  court. 

Ceoss-Refeben  cb 

Affidavit  of  publication  of  notice,  see  sections  2072  and  2073  of  this  title. 

1475.  Claims  not  filed  are  barred. — All  claims  arising  upon  con- 
tracts, whether  the  same  be  due,  not  due,  or  contingent,  and  all  claims 
for  funeral  expenses  and  expenses  of  the  last  sickness  must  be  filed 
or  presented  within  a  time  limited  in  the  notice,  and  any  claim  not 
so  filed  or  presented  is  barred  forever:  Provided,  hoioever,  That 
when  it  is  made  to  appear  by  the  affidavit  of  the  claimant  to  the 
satisfaction  of  the  court,  or  judge,  that  the  claimant  had  no  notice 
as  provided  in  this  chapter,  by  reason  of  being  out  of  the  Canal  Zone, 
it  may  be  filed  or  presented  at  any  time  before  a  decree  of  distribu- 
tion is  entered. 

A  brief  description  of  every  claim  filed  must  be  entered  by  the 
clerk  in  the  register,  showing  the  name  of  the  claimant,  the  amount 
and  character  of  the  claim,  the  rate  of  interest,  if  any,  and  the  date 
of  filing. 

CR0SS-REFB2ffiNCE8 

Action,  none  unless  claim  presented,  see  section  1481  of  this  title. 

Action  pending  at  decedent's  death,  see  section  1483  of  this  title. 

Contingent  claims,  see  section  1596  of  this  title. 

Executor's  claim,  see  section  1490  of  this  title. 

Judgment  against  decedent,  see  section  1486  of  this  title. 

Action  on  mortgage  or  lien,  see  section  1481  of  this  title. 

Claims  barred  by  statute  of  limitations,  see  section  1480  of  this  title. 

Time  of  limitation,  see  section  14S2  of  this  title. 

1476.  Claims  must  be  sworn  to. — Every  claim  which  is  due,  when 
filed  with  the  clerk,  or  presented  to  the  executor  or  administrator, 
must  be  supported  by  the  affidavit  of  the  claimant,  or  someone  in 
his  behalf,  that  the  amount  is  justly  due,  that  no  payments  have 
been  made  thereon  which  are  not  credited,  and  that  there  are  no 
offsets  to  the  same,  to  the  knowledge  of  the  affiant.     If  the  claim 

523 


T.  4,  §1477]  THE  CODE  OF  CIVIL  PROCEDURE 

be  not  due  when  filed  or  presented,  or  be  contingent,  the  particulars 
of  such  claim  must  be  stated.  When  the  affidavit  is  made  by  a 
person  other  than  the  claimant,  he  must  set  forth  in  the  affidavit  the 
reason  why  it  is  not  made  by  the  claimant.  The  oath  may  be  taken 
before  any  officer  authorized  to  administer  oaths. 

The  executor  or  administrator  may  also  require  satisfactory 
vouchers  or  proofs  to  be  produced  in  support  of  the  claim. 

No  greater  rate  of  interest  shall  be  allowed  upon  any  claim  after 
its  approval  by  the  administrator  or  executor  and  judge  than  is 
allowed  on  judgments  obtained  in  the  district  court. 

Cros  8-Refeben  ces 

Claim  paid  witliout  affidavit  and  allowance,  wlien  allowed  executor,  see 
section  1578  of  this  title. 

Interest  on  claims,  see  sections  1493  and  1591  of  this  title. 

1477.  Claims  to  be  allowed  or  rejected. — When  a  claim,  accom- 
panied by  the  affidavit  required  in  this  chapter,  has  been  filed  with 
the  clerk,  the  executor  or  administrator  must  allow  or  reject  it,  and 
his  allowance  or  rejection  thereof  must  be  in  writing  and  filed  with 
the  clerk.  If  the  executor  or  administrator  so  allow  the  claim  after 
filing,  the  clerk  must,  immediately  after  the  filing  of  such  allowance, 
present  the  claim,  together  with  the  allowance,  to  the  judge,  and 
must  at  the  time  of  such  presentation  indorse  on  the  claim  the  date 
thereof.  The  judge  must  indorse  upon  the  claim  so  filed  his  allow- 
ance or  rejection,  with  the  date  thereof.  When  a  claim,  accompanied 
by  the  affidavit  required  in  this  chapter,  is  presented  to  the  executor 
or  administrator  before  filing,  he  must  indorse  thereon  his  allowance 
or  rejection,  with  the  day  and  date  thereof.  If  he  allows  the  claim 
so  presented,  it  must  be  presented  to  the  judge  for  his  approval, 
who  must  in  the  same  manner  indorse  upon  it  his  allowance  or  rejec- 
tion, and,  if  allowed,  it  must,  within  thirty  days  thereafter,  be  filed 
with  the  clerk. 

Refusal  or  neglect  of  executor  to  allow  or  reject  claim. — 
If,  where  a  claim  has  been  filed  without  presentation,  the  executor 
or  administrator  refuse  or  neglect  to  file  such  allowance  or  rejection 
for  ten  days  after  the  claim  has  been  filed,  or  if,  where  a  claim  has 
been  presented  before  filing,  the  executor  or  administrator  refuse  or 
neglect  to  indorse  such  allowance  or  rejection  for  ten  days  after  the 
claim  has  been  presented  to  him,  or  if  the  judge  refuse  or  neglect 
to  indorse  such  allowance  or  rejection  for  ten  days  after  the  claim 
has  been  presented  to  him,  such  refusal  or  neglect  may,  at  the  option 
of  the  claimant,  be  deemed  equivalent  to  a  rejection  on  the  tenth 
day ;  and  if  the  presentation  be  made  before  filing  by  a  notary,  the 
certificate  of  such  notary,  under  seal,  shall  be  prima  facie  evidence 
of  such  presentation  and  the  date  thereof. 

Acting  on  claim  after  expiration  of  time  to  present. — If  the 
claim  be  filed  with  the  clerk,  or  presented  to  the  executor  or  admin- 
istrator, before  the  expiration  of  the  time  limited  for  the  filing  or 
presentation  of  claims,  the  same  is  filed  or  presented  in  time,  though 
acted  upon  by  the  executor  or  administrator,  and  by  the  judge,  after 
the  expiration  of  such  time. 

524 


I 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1479 

Claim  payable  in  particular  kind  of  money. — If  the  claim  is 
payable  in  a  particular  kind  of  money  or  currency,  it  shall,  if 
allowed,  be  payable  only  in  such  money  or  currency. 

Effect  of  allowance. — Every  claim  allowed  by  the  executor  or 
administrator  and  approved  by  the  judge  shall  be  ranked  among 
the  acknowledged  debts  of  the  estate,  to  be  paid  in  due  course  of 
administration. 

Entry  or  date  of  allowance. — The  dates  of  allowance  of  every 
such  claim,  together  with  the  amount  allowed,  must  be  entered  in 
the  register  by  the  clerk  after  the  allowance  thereof  by  the  judge. 

Ceos  s-Refeiren  ces 

Payment  of  claims  pro  rata  where  estate  insolvent,  see  section  1596  of  this 
title. 

Judge  may  approve  claims  in  chambers,  see  section  27  of  this  title. 

Debts  payable  in  particular  kind  of  money,  see  sections  1370  and  1591  of  this 
title. 

1478.  Original  instrument  need  not  be  filed  with  claim. — If  the 

claim  be  founded  on  a  bond,  bill,  note,  or  any  other  instrument,  the 
original  need  not  be  filed  or  presented,  but  a  verified  copy  of  such 
instrument  with  all  indorsements  must  be  attached  to  the  statement 
of  the  claim  and  filed  therewith,  and  the  original  instrument  must 
be  exhibited,  if  demanded  by  the  executor  or  administrator  or  judge, 
unless  it  be  lost  or  destroyed,  in  which  case  the  claimant  must  accom- 
pany his  claim  when  filed  or  presented  by  his  affidavit,  containing  a 
copy  or  particular  description  of  such  instrument,  and  stating  its  loss 
or  destruction. 

If  the  claim,  or  any  part  thereof,  be  secured  by  a  mortgage  or  other 
lien  which  has  been  recorded  in  the  office  of  the  registrar  of  prop- 
erty, it  shall  be  sufficient  to  describe  the  mortgage  or  lien,  and  refer 
to  the  date,  volume,  and  page  of  its  record. 

If,  in  any  case,  the  claimant  has  left  any  original  voucher  in  the 
hands  of  the  executor  or  administrator,  or  suffered  the  same  to  be 
filed  with  the  clerk,  he  may  withdraw  the  same,  when  a  copy  thereof 
has  been  already,  or  is  then,  attached  to  his  claim. 

1479.  Rejection  of  claim  against  estates. — ^When  a  claim  is  re- 
jected either  by  the  executor  or  administrator,  or  the  judge,  writ- 
ten notice  of  such  rejection  shall  be  given  by  the  executor  or  admin- 
istrator to  the  holder  of  such  claim  or  to  the  person  filing  or  pre- 
senting the  same,  and  the  holder  must  bring  suit  in  the  proper 
court  against  the  executor  or  administrator  within  three  months 
after  the  date  of  service  of  such  notice  if  the  claim  be  then  due 
or  within  two  months  after  it  becomes  due,  otherwise  the  claim  shall 
be  forever  barred. 

If  the  residence  of  the  claimant  is  not  known,  and  the  same  shall 
be  made  to  appear  to  the  satisfaction  of  the  court,  the  court  shall 
by  its  order  require  the  notice  to  be  served  on  the  claimant  by  filing 
with  the  clerk. 

Cross-Refeeences 

Time  for  bringing  suit,  see  section  1482  of  this  title. 

Statute  of  limitations,  generally,  see  sections  82  to  113  of  this  title. 

Time  for  bringing  action  after  death,  see  section  104  of  this  title. 

525 


T.  4,  §  1480]  THE  CODE  OF  CIVIL  PROCEDURE 

1480.  Claims  barred  by  statute. — No  claim  must  be  allowed  by 
the  executor  or  administrator,  or  by  the  district  judge,  which  is 
barred  by  the  statute  of  limitations.  When  a  claim  is  presented 
to  the  judge  for  his  allowance,  he  may,  in  his  discretion,  examine 
the  claimant  and  others,  on  oath,  and  hear  any  legal  evidence  touch- 
ing the  validity  of  the  claim. 

Allowed  claims  not  affected  by  statute  of  limitations. — No 
claim  against  any  estate  which  has  been  filed  and  allowed,  or  pre- 
sented and  allowed,  is  affected  by  the  statute  of  limitations,  pending 
the  proceedings  for  the  settlement  of  the  estate. 

Ceoss-References 

Vacancy  in  administration,  statute  of  limitations  does  not  run,  see  section 
1482  of  this  title. 

Statute  of  limitations,  see  sections  81  et  seq.,  of  this  title. 

1481.  Actions  on  claims. — No  holder  of  any  claim  against  an 
estate  shall  maintain  any  action  thereon,  unless  the  claim  is  first 
filed  with  the  clerk,  or  presented  to  the  executor  or  administrator, 
except  in  the  following  case:  An  action  may  be  brought  by  any 
holder  of  a  mortgage  or  lien  to  enforce  the  same  against  the  prop- 
erty of  the  estate  subject  thereto,  where  all  recourse  against  any 
other  property  of  the  estate  is  expressly  waived  in  the  complaint, 
but  no  counsel  fees  shall  be  recovered  in  such  action  unless  such 
claim  be  so  filed  or  presented. 

1482.  Time  of  limitation. — The  time  during  which  there  shall  be 
a  vacancy  in  the  administration  must  not  be  included  in  any  limi- 
tations herein  prescribed. 

Cross-Refekence 

Allowed  claims  not  affected  by  statute  of  limitations,  see  section  1480  of 
this  title. 

1483.  Action  pending  at  decedent's  death. — If  an  action  is  pend- 
ing against  the  decedent  at  the  time  of  his  death,  the  plaintiff  must 
in  like  manner  file  his  claim  with  the  clerk,  or  present  it  to  the 
executor  or  administrator  for  allowance  or  rejection,  autlienticated 
as  required  in  other  cases ;  and  no  recovery  shall  be  had  in  the  action 
unless  proof  be  made  of  such  filing  or  presentation. 

Ckoss-Reifekence 
Effect  of  judgment  against  executor,  see  section  1485  of  this  title. 

1484.  Allowance  in  part. — Whenever  the  executor  or  administra- 
tor or  the  judge  shall  act  upon  any  claim  that  may  be  filed  with 
the  clerk,  or  presented  to  the  executor  or  administrator,  and  is  willing 
to  allow  the  same  in  part,  he  must  state  in  his  allowance  the  amount 
he  is  willing  to  allow.  If  the  creditor  refuse  to  accept  the  amount 
allowed  in  satisfaction  of  his  claim,  lie  shall  recover  no  costs  in  any 
action  therefor  brought  against  the  executor  or  administrator,  unless 
he  recover  a  greater  amount  than  that  offered  to  be  allowed. 

1485.  Effect  of  judgment  against  executor. — A  judgment  ren- 
dered against  an  executor  or  administrator,  upon  any  claim  for 
money  against  the  estate  of  his  testator  or  intestate,  only  establishes 
the  claim  in  the  same  manner  as  if  it  had  been  allowed  by  the  execu- 

526 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1488 

tor  or  administrator  and  the  judge;  and  the  judgment  must  be  that 
the  executor  or  administrator  pay,  in  due  course  of  administration, 
the  amount  ascertained  to  be  due.  A  certified  transcript  of  the  orig- 
inal docket  of  the  judgment  must  be  filed  among  the  papers  of  the 
estate  in  court.  No  execution  must  issue  upon  such  judgment,  nor 
shall  it  create  an}'  lien  upon  the  property  of  the  estate,  or  give  to  the 
judgment  creditor  any  priority  of  payment. 

Cross -Refekbn  CE 

Order  of  payment  of  claims  and  judgments,  see  sections  1591  to  1593  of  this 
title. 

1486.  Judgment  against  decedent. — Wlien  any  judgment  has 
been  rendered  for  or  against  the  testator  or  intestate  in  his  lifetime, 
no  execution  shall  issue  thereon  after  his  death,  except  as  provided 
in  section  587  of  this  title.  A  judgment  against  the  decedent  for  the 
recovery  of  money  must  be  filed  with  the  clerk,  or  presented  to  the 
executor  or  administrator,  like  any  other  claim.  If  execution  is 
actually  levied  upon  any  property  of  the  decedent  before  his  death, 
the  same  may  be  sold  for  the  satisfaction  thereof ;  and  the  officer  mak- 
ing the  sale  must  account  to  the  executor  or  administrator  for  any 
surplus  in  his  hands.  A  judgment  creditor  having  a  judgment  which 
was  rendered  against  the  testator  or  intestate  in  his  lifetime,  may 
redeem  any  real  estate  of  the  decedent  from  any  sale  under  fore- 
closure, or  execution,  in  like  manner  and  with  like  effect  as  if  the 
judgment  debtor  were  still  living. 

1487.  Disputed  claim  may  be  referred  to  referee. — If  the  execu- 
tor or  administrator  doubts  the  correctness  of  any  claim  presented 
to  him  or  filed  with  the  clerk,  he  may  enter  into  an  agreement  in 
writing  with  the  claimant  to  refer  the  matter  in  controversy  to  some 
disinterested  person,  to  be  approved  by  the  court  or  judge.  Upon 
filing  the  agreement  and  approval  of  such  court  or  judge,  in  the 
office  of  the  clerk  of  the  court,  the  clerk  must  enter  a  minute  of  the 
order  referring  the  matter  in  controversy  to  the  person  so  selected, 
or,  if  the  parties  consent,  a  reference  may  be  had  in  the  court;  and 
the  report  of  the  referee,  if  confirmed,  establishes  or  rejects  the  claim 
the  same  as  if  it  had  been  allowed  or  rejected  by  the  executor  or 
administrator  and  judge. 

1488.  Trial  by  referee,  how  confirmed,  and  its  effect. — The  ref- 
eree must  hear  and  determine  the  matter,  and  make  his  report 
thereon  to  the  court  in  which  his  appointment  is  entered.  The  same 
proceedings  shall  be  had  in  all  respects,  and  the  referee  shall  have 
the  same  powers,  be  entitled  to  the  same  compensation  and  subject 
to  the  same  control,  as  in  other  cases  of  reference.  The  court  may 
remove  the  referee,  appoint  another  in  his  place,  set  aside  or  confirm 
his  report  and  adjudge  costs,  as  in  actions  against  executors  or 
administrators,  and  the  judgment  of  the  court  thereon  shall  be  as 
valid  and  effectual,  in  all  respects,  as  if  the  same  had  been  rendered 
in  a  suit  commenced  by  ordinary  process. 

Cross-References 

Reference,  see  sections  511  to  517  of  this  title. 

Fees  of  referees,  see  sections  990  and  1582  of  this  title. 

527 


T.  4,  §  1489]  THE  CODE  OF  CIVIL  PROCEDURE 

1489.  Liability  of  executor,  etc.,  for  costs.— "When  a  judgment  is 
recovered,  with  costs,  against  any  executor  or  administrator,  lie  shall 
be  individually  liable  for  such  costs,  but  they  must  be  allowed  him  in 
his  administration  accounts,  unless  it  appears  that  the  suit  or  pro- 
ceeding in  which  the  costs  were  taxed  was  prosecuted  or  defended 
w^ithout  just  cause. 

1490.  Executor's  claim. — If  the  executor  or  administrator  is  a 
creditor  of  the  decedent,  his  claim  duly  authenticated  by  affidavit 
shall  be  filed  with  the  clerk,  and  must  be  presented  by  the  clerk  for 
allowance  or  rejection  to  the  judge,  who  shall  allow^  or  reject  it,  and 
its  allowance  by  the  judge  is  sufficient  evidence  of  its  correctness,  and 
it  must  be  paid  as  other  claims  in  due  course  of  administration.  If. 
however,  the  judge  reject  the  claim,  action  thereon  may  be  had 
against  the  estate  by  the  claimant,  and  summons  must  be  served  upon 
the  judge,  who  may  appoint  an  attorney,  at  the  expense  of  the  estate, 
to  defend  the  action.  If  the  claimant  recover  no  judgment,  he  must 
pay  all  costs,  including  defendant's  reasonable  attorney's  fees,  to  be 

fixed  by  the  court. 

Qross-Eefebbnce 

Claim,  see  section  1475  of  this  title. 

1491.  Executor  neglecting  to  give  notice  to  creditors,  to  be  re- 
moved.— If  an  executor  or  administrator  neglects  for  two  months 
after  his  appointment  to  give  notice  to  creditors,  as  prescribed  by 
this  chapter,  the  court  must  revoke  his  letters,  and  appoint  some  other 
person  in  his  stead,  equally  or  the  next  in  order  entitled  to  the 
appointment. 

Cross-Refeeence 

Failure  to  give  notice,  creditor  may  recover  on  bond,  see  section  1598  of  this 
title. 

1492.  Statement  of  claims  against  estate. — At  the  same  time  at 
which  he  is  required  to  return  an  inventory,  the  executor  or  admin- 
istrator must  also  return  a  statement  of  all  claims  against  the  estate 
which  have  been  filed  with  the  clerk,  or  presented  to  the  executor 
or  administrator,  if  so  required  by  the  court,  or  judge,  and  from  time 
to  time  thereafter  he  must  present  a  statement  of  claims  .subse- 
quently so  filed  or  presented,  if  so  required  by  the  court  or  judge. 
In  all  .such  statements  he  must  designate  the  names  of  the  creditors, 
the  nature  of  each  claim,  when  it  became  due,  or  w^ll  become  due,  and 
whether  it  was  allowed  or  rejected  by  him,  or  not  yet  acted  ui)on. 

1493.  Payment  of  debts  bearing  interest. — If  there  be  any  debt 
of  the  decedent  bearing  interest,  whether  filed  or  not,  or  whether  pre- 
sented or  not,  the  executor  or  administi-ator  may,  by  order  of  the 
court,  pay  the  amount  then  accumulated  and  unpaid,  or  any  part 
thereof,  at  any  time  when  there  arc  sudicient  funds  properly  appli- 
cable thereto,  w^hether  said  claim  be  then  due  or  not;  and  interest 
shall  thereupon  cease  to  accrue  upon  the  amount  so  paid. 

Cross-References 

Payment  of  debts  of  estate,  generally,  see  sections  1591  et  seq.,  of  this  title. 
Interest  on  claims,  see  sections  1^7(3  and  lilOl  of  this  title. 

528 


THE  CODE  OF  CIVIL  PROGEDVRE 


[T.  4,  §  1501 


1494.  When  claimant  cannot  be  found;  deposit  with  collector. — 

Whenever  any  claim  has  been  filed  or  presented  and  shall  have  been 
approved  by  the  executor  or  administrator  and  by  the  judge,  but 
the  same  has  not  been  paid,  and  the  estate  i,s  in  all  other  respects 
ready  to  be  closed,  if  it  be  made  to  appear  to  the  satisfaction  of  the 
court  or  judge,  by  affidavit,  or  by  testimony,  taken  in  open  court, 
that  the  same  cannot  be,  and  has  not  been,  paid  because  the  claimant 
cannot  be  found,  the  court  or  judge  shall  make  an  order  fixing  the 
amount  of  said  claim,  with  interest,  if  any,  and  directing  the  executor 
or  administrator  to  deposit  the  amount  with  the  collector  of  the 
Panama  Canal,  who  shall  give  a  receipt  for  the  same,  and  who  shall 
be  liable  upon  his  official  bond  therefor.  Such  executor  or  adminis- 
trator shall  at  once  make  the  deposit  in  accordance  with  such  order 
of  court  and  shall  forthwith  proceed  to  close  up  and  settle  such 
estate.  Upon  the  final  settlement  of  his  accounts,  the  receipt  of  such 
collector  shall  be  received  as  a  proper  voucher  for  the  payment  of 
such  claim,  and  shall  have  the  same  force  and  effect  as  if  executed 
by  .such  claimant. 

Any  person  claiming  to  be  entitled  to  any  amount  so  deposited 
with  the  collector,  may,  within  five  years  after  such  deposit,  petition 
the  court  or  judge  for  an  order  directing  payment  to  the  said  claim- 
ant. A  copy  of  such  petition  shall  be  served  on  the  collector  and 
thereafter  no  such  amount  shall  be  covered  into  the  Treasury  of  the 
United  States,  as  hereinafter  directed,  until  so  ordered  by  the  court. 

If  no  one  claims  the  amount,  as  herein  provided,  or  if  a  claim  be 
made  and  disallowed  and  the  court  so  directs,  such  amount  devolves 
to  the  United  States  and  shall  be  covered  into  the  Treasury  by  the 
collector  as  miscellaneous  receipts. 

CHAPTER  29.— SALES  AND  CONVEYANCES  OF  PROPERTY  OF 

DECEDENTS 


Sec. 

1501.  Estate    chargeable    with    debts ;    no 

priority. 

1502.  Conflrmation  of  sales. 

1503.  Perishable     and     depreciating     prop- 

erty to  be  sold. 

1504.  Sale  of  personal  property  by  execu- 

tor or  administrator. 

1505.  Partnership   interests   and    choses   in 

action,  how  sold. 

1506.  Order  of  sales. 


Sec. 

1507.  Sale    at    public    auction    or    private 

sale. 

1508.  Executor  and   guardian  may  borrow 

on  chattel  mortgage. 

1509.  When  executor  or  administrator  may 

sell  real  property. 

1510.  Power    of    executor    or    guardian    to 

borrow     money      upon      unsecured 
notes. 


Section  1501.  Estate  chargeable  with  debts;  no  priority. — All 

the  property  of  a  decedent  shall  be  chargeable  with  the  payment 
of  the  debts  of  the  deceased,  the  expenses  of  administration,  and  the 
allowance  to  the  family,  except  as  otherwise  provided  in  this  title 
and  in  Title  3,  The  Civil  Code.  And  the  said  property,  personal 
and  real,  may  be  sold  in  the  manner  prescribed  in  this  chapter. 
There  shall  be  no  priority  as  between  personal  and  real  property  for 
the  purposes  of  this  section. 

CROSS-REFEa&ENCES 

Order  of  appropriation  of  property  for  debts,  see  title  8,  section  612. 
Sale  of  property  specifically  bequeathed,  see  title  3,  section  616. 


529 


0?.  4,  §1502]  THE  CODE  OF  CIVIL  PROCEDURE 

1502.  Confirmation  of  sales. — All  sales  of  property  must  be  re- 
ported under  oath  to  and  confirmed  by  the  court,  before  the  title 
to  the  property  passes. 

1503.  Perishable  and  depreciating  property  to  be  sold. — At  any 

time  after  receiving  letters,  the  executor,  administrator,  or  special 
administrator  may  sell  perishable  and  other  personal  property  likely 
to  depreciate  in  value,  or  which  will  incur  loss  or  expense  by  being 
kept,  and  so  much  other  personal  property  as  may  be  necessary  to 
pay  the  allowance  made  to  the  family  or  the  decedent.  The  executor, 
administrator,  or  special  administrator  is  responsible  for  the  prop- 
erty unless,  after  making  a  sworn  return,  and  on  a  proper  showing, 
the  court  shall  approve  the  sale. 

Ceoss-Refeeence 

Order  for  sale,  see  section  1506  of  this  title. 

1504.  Sale  of  personal  property  by  executor  or  administrator. — 

If  claims  against  the  estate  have  been  allowed,  and  a  sale  of  prop- 
erty is  necessary  for  their  payment,  or  for  the  expenses  of  adminis- 
tration, or  for  the  payment  of  legacies,  the  executor  or  administrator 
may  sell  all  or  so  much  of  the  personal  property  as  may  be  necessary 
therefor.  He  may  also  make  a  sale  from  time  to  time,  so  long  as 
any  personal  property  remains  in  his  hands,  and  sale  thereof  is 
necessary.  If  it  appear  for  the  best  interests  of  the  estate,  he  may, 
at  any  time  after  tiling  the  inventory,  in  like  manner  sell  the  whole 
or  any  part  of  the  personal  property  belonging  to  the  estate,  whether 
necessary  to  pay  debts  or  not.  Such  sale  to  take  effect  only  upon 
confirmation  by  the  court. 

1505.  Partnership  interests  and  choses  in  action,  how  sold. — 

Partnership  interests  or  interests  belonging  to  any  estate  by  virtue 
of  any  partnership  formerly  existing,  interest  in  personal  property'' 
pledged,  and  choses  in  action,  may  be  sold  in  the  same  manner  as 
other  personal  property,  when  it  appears  to  be  for  the  best  interest 
of  the  estate.  Before  confirming  the  sale  of  any  partnership  interest, 
whether  made  to  the  surviving  partner  or  to  any  other  person,  the 
court  or  judge  must  carefully  inquire  into  the  condition  of  the  part- 
nership affairs,  and  must  examine  the  surviving  partner,  if  in  the 
Canal  Zone  and  able  to  be  present  in  court. 

Cross-Rb3t:eencb 

Partnership  interest,  see  section  1525  of  this  title. 

1506.  Order  of  sales. — In  making  orders  and  sales  for  the  pay- 
ment of  debts  or  family  allowance,  such  articles  as  are  not  neces- 
sary for  the  support  and  subsistence  of  the  family  of  the  decedent, 
or  are  not  specially  bequeathed,  must  be  first  sold. 

1507.  Sale  at  public  auction  or  private  sale. — The  sale  of  personal 
property  may  be  made  at  public  auction  or  private  sale,  for  cash, 
and  after  public  notice  given  for  at  least  ten  days  by  notices  posted 
in  three  public  places  in  the  Canal  Zone,  or  by  publication  in  a  news- 
paper of  general  circulation  in  the  Canal  Zone,  or  both,  as  the  exec- 
utor or  administrator  may  determine,  containing  the  time  and  place 

630 


I 

THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1508 

of  sale,  and  a  brief  description  of  the  property  to  be  sold,  unless  the 
property  to  be  sold  be  perishable  property,  in  which  latter  case  at 
least  one  day's  notice  by  posting  as  aforesaid  shall  be  given.  Public 
sales  must  be  made  at  the  courthouse  door,  or  at  some  other  public 
place,  or  at  the  residence  of  the  decedent ;  but  no  sale  shall  be  made 
of  any  personal  property  which  is  not  present  at  the  time  of  sale, 
unless  the  court  shall  otherwise  order. 

Cross-Rei'eeence 
Notice  by  advertising,  see  section  16S2  of  this  title. 

1508.  Executor  and  guardian  may  borrow  on  chattel  mort- 
gage.— Whenever  in  any  estate  now  being  administered  or  that  may 
hereafter  be  administered  or  in  any  guardianship  proceeding  now 
pending  or  that  may  hereafter  be  pending  it  shall  appear  to  the 
district  court  or  judge  to  be  for  the  advantage  of  the  estate  to  bor- 
row and  raise  money  upon  a  note  or  notes,  to  be  secured  by  chattel 
mortgage  or  other  lien  upon  the  personal  property  of  any  decedent 
or  of  a  minor  or  an  incompetent  person,  or  any  part  thereof,  for 
the  purpose  of  paying  the  debts  of  such  decedent  or  such  minor  or 
incompetent  person,  the  court  or  judge  as  often  as  occasion  therefor 
shall  arise  in  the  administration  of  any  estate  or  in  the  course  of 
any  guardianship  may  authorize,  empower,  and  direct  the  executors 
or  administrators  or  guardian  of  such  minor  or  incompetent  person 
to  mortgage  such  personal  property,  or  any  part  thereof,  or  to  give 
other  security  by  way  of  pledge  or  other  lien  upon  such  personal 
propertj'',  or  any  part  thereof,  and  to  execute  a  note  or  notes,  to  be 
secured  by  such  mortgage,  pledge,  or  lien:  Provided^  That  in  order 
to  obtain  such  authorization,  the  proceedings  to  be  taken  and  the 
effect  thereof  shall  be  as  follows: 

First.  Verified  petition. — The  executor  or  administrator  of  any 
estate,  or  guardian  of  any  minor  or  incompetent  person,  or  any 
person  interested  in  the  estates  of  such  decedents,  minors,  or  incom- 
petent persons,  may  file  a  verified  petition  showing : 

1.  The  particular  purpose  or  purposes  for  which  it  is  proposed  to 
make  the  note  or  notes  and  the  chattel  mortgage  or  other  lien,  which 
shall  be  either  to  maintain  the  ward  and  his  family  or  to  maintain 
and  educate  the  ward  when  a  minor,  or  to  pay  the  debts,  legacies, 
or  charges  of  administration,  or  to  paj'',  reduce,  extend,  or  renew 
some  lien  or  mortgage  already  subsisting  on  said  property  or  some 
part  thereof. 

2.  A  statement  of  the  facts  and  circumstances  showing  the  insuffi- 
ciency of  the  income  of  the  estate  under  guardianship  to  maintain 
the  ward  and  his  family  or  to  maintain  and  educate  the  ward  when 
a  minor  and  the  debts,  legacies,  charges  of  administration,  liens,  or 
mortgages  to  be  paid,  reduced,  extended,  or  renewed,  as  the  case 
may  be. 

3.  The  advantage  that  may  accrue  to  the  estate  from  raising  the 
required  money  by  note  or  notes  and  mortgage  or  other  lien,  or 
providing  for  the  payment,  reduction,  extension,  or  renewal  of  the 
subsisting  liens  or  mortgages,  as  the  case  may  be. 

4.  The  amount  to  be  raised,  with  a  general  description  of  the 
property  proposed  to  be  mortgaged;  and, 

681 


T.  4,  §1508]  TEE  CODE  OF  CIVIL  PROCEDURE 

5.  The  names  of  the  legatees  and  the  devisees,  if  any,  and  of  the 
heirs  of  the  deceased,  or  of  the  minor,  or  of  the  incompetent  person, 
as  the  case  may  be,  so  far  as  known  to  the  petitioner. 

Second.  Upon  filing  such  petition,  an  order  shall  be  made  by  the 
court  or  judge,  requiring  all  persons  interested  in  the  estate  to 
appear  before  the  court  or  judge,  at  a  time  and  place  specified,  not 
less  than  four  nor  more  than  ten  weeks  thereafter,  then  and  there 
to  show  cause  why  the  property  (briefly  indicating  it),  or  some  part 
thereof,  should  not  be  hypothecated  for  the  amount  mentioned  in 
the  petition  (stating  such  amount),  or  such  lesser  amount  as  to  the 
court  or  judge  shall  seem  meet,  and  referring  to  the  petition  on 
file  for  further  particulars. 

Third.  The  order  to  show  cause  may  be  personally  served  on  the 
persons  interested  in  the  estate,  at  least  ten  days  before  the  time 
appointed  for  hearing  the  petition,  or  may  be  published  for  four 
successive  weeks  in  a  newspaper  of  general  circulation  in  the  Canal 
Zone. 

Fourth.  Peoceedings  tjpon  hearing. — Upon  the  hearing  of  the 
order  to  show  cause,  having  first  received  satisfactory  proof  of  per- 
sonal service  or  publication  of  the  order  to  show  cause,  the  court  or 
judge  must  proceed  to  hear  the  petition  and  any  objections  that  may 
be  filed  or  presented  thereto.  Upon  such  hearing,  witnesses  may  be 
compelled  to  attend  and  testify,  in  the  same  manner,  and  with  like 
effect,  as  in  other  cases;  and  if,  after  a  full  hearing,  the  court  or 
judge  is  satisfied  that  it  will  be  for  the  advantage  of  the  estate  to 
hypothecate  the  whole  or  any  portion  of  the  property,  an  order 
must  be  made  authorizing,  empowering,  and  directing  the  executor 
or  administrator,  or  the  guardian  of  such  minor  or  incompetent 
person,  to  make  such  mortgage,  pledge,  or  other  lien,  and  a  promis- 
sory note  or  notes  to  the  lender,  for  the  amount  of  the  loan,  to  be 
secured  by  said  mortgage  or  other  lien. 

What  order  mat  prescribe. — The  order  may  direct  that  a  lesser 
amount  than  that  named  in  the  petition  be  borrowed,  and  may  pre- 
scribe the  maximum  rate  of  interest  and  period  of  the  loan,  and  may 
direct  in  what  coin  or  currency  it  shall  be  paid,  and  require  that 
the  interest  and  the  whole  or  any  part  of  the  principal  be  paid,  from 
time  to  time,  out  of  the  whole  estate  or  any  part  thereof. 

Fifth.  Execution  oj  note  and  mortgage. — After  the  making  of 
the  order  to  mortgage,  the  executor,  administrator,  or  guardian  of  a 
minor  or  of  an  incompetent  person  shall  execute  and  deliver  a  promis- 
sory note  or  notes  for  the  amount  and  period  specified  in  the  order, 
anci  shall  execute  a  mortgage,  pledge,  or  other  lien  setting  forth 
therein  that  it  is  made  by  authority  of  the  order,  and  giving  the 
date  of  such  order.  The  note  or  notes  and  mortgage  or  other  lien 
shall  be  signed  by  the  executor,  administrator,  or  guardian  as  such, 
and  shall  create  no  personal  liability  against  the  person  so  signing. 

Sixth.  Every  note  or  notes  and  mortgage  or  other  lien  so  nuule 
shall  be  effectual  to  mortgage  and  hypothecate  all  the  right,  title,  and 
interest  which  the  decedent,  minor,  or  incompetent  person  has  in 
the  property  described  therein. 

No  irregularity  in  the  proceedings  shall  impair  or  invalidate  the 
same  or  the  note  or  notes  and  mortgage  or  other  lien  given  in  the 

532 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1510 

pursuance  thereof,  and  the  mortgagee,  his  heirs  and  assigns,  shall 
have  and  possess  the  same  rights  and  remedies  on  the  note  or  notes 
and  mortgage  or  other  lien  as  if  it  had  been  made  by  the  decedent 
prior  to  his  death,  the  minor  after  reaching  the  age  of  maturity, 
or  the  incompetent  person  when  legally  competent. 

Deficiency  on  foreclosure. — Provided^  however,  That  upon  any 
foreclosure,  if  the  proceeds  of  the  encumbered  property  are  insuffi- 
cient to  pay  the  note  or  notes,  and  mortgage,  or  other  lien,  no  judg- 
ment or  claim  for  any  deficiency  of  such  proceeds  to  satisfy  the 
note  or  notes  and  mortgage,  or  the  costs  or  expenses  of  sale,  shall  be 
had  or  allowed,  except  in  cases  where  the  note  or  notes  and  mortgage 
were  given  to  pay,  reduce,  extend,  or  renew  a  lien  or  mortgage  sub- 
sisting on  the  property,  or  some  part  thereof,  at  the  time  of  the  death 
of  the  decedent,  and  the  indebtedness  secured  by  such  lien  or  mort- 
gage was  an  allowed  and  approved  claim  against  his  estate,  or  a  lien 
upon  the  inter -st  of  the  minor  in  said  property  at  the  time  it  vested 
in  him,  or  upon  the  estate  of  the  incompetent  at  the  time  the  in- 
competency of  the  incompetent  person  was  so  declared  by  the  court: 
And  2>rovided  also,  That  in  cases  affecting  the  estate  of  the  deceased 
persons,  the  part  of  the  indebtedness  remaining  unsatisfied  must  be 
classed  and  paid  with  other  demands  against  the  estate,  as  provided 
in  sections  1591  to  IGOl  of  this  title,  with  respect  to  mortgages  and 
other  liens  subsisting  at  the  time  of  death. 

1509.  When  executor  or  adminstrator  may  sell  real  property. — 

AVhen  it  is  for  the  advantage,  benefit,  and  best  interests  of  the  estate, 
and  those  interested  therein,  that  the  real  estate,  or  some  part  thereof, 
or  interest  therein  be  sold,  the  executor  or  administrator  may  sell 
the  same  under  such  terms,  conditions,  and  in  the  manner  prescribed 
by  the  court. 

CROS  S-ReFEKEN  CE 


Sale  of  realty  authorized,  see  section  1501  of  this  title. 


1510.  Power  of  execiitcr  or  guardian  to  borrow  money  upon 

unsecured  notes. — Whenever  in  any  estate  now  being  administered 
or  that  may  hereafter  be  administered,  or  in  any  guardianship  pro- 
ceeding now  pending,  or  that  may  hereafter  be  pending,  it  shall 
appear  to  the  court  or  judge  having  jurisdiction  of  said  estate,  or 
said  minor  or  incompetent  person,  to  be  for  the  advantage,  benefit, 
or  best  interest  of  the  estate  of  said  minor  or  incompetent  person, 
to  borrow  money  upon  a  note  or  notes,  without  being  secured,  the 
court  or  judge,  as  often  as  occasion  therefor  shall  arise  in  the  admin- 
istration of  any  estate,  or  in  the  course  of  any  guardianship,  may 
upon  petition  and  notice  of  hearing,  as  provided  in  this  section, 
autliorize,  empower,  and  direct  the  executor  or  administrator  or 
guardian  of  such  minor  or  incompetent  person,  to  execute  a  note  or 
notes,  without  security. 

The  proceeding  to  be  taken  to  obtain  an  order  to  borrow  said 
money  and  execute  said  note  or  notes  shall  be  as  follows : 

First.  The  executor,  or  administrator  of  any  estate,  or  guardian  of 
any  minor  or  incompetent  person  must  file  a  verified  petition 
showing, 

533 


T.  4,  §1510]  TEE  CODE  OF  CIVIL  PROCEDURE 

(a)  The  particular  purpose  or  purposes  for  which  it  is  proposed 
to  borrow  said  money,  and  the  purpose  or  purposes  for  which  it  is 
to  be  used. 

(b)  The  advantage  or  advantages  that  may  accrue  to  said  estate 
from  borrowing  said  money  and  executing  said  note  or  notes. 

(c)  The  amount  of  money  to  be  borrowed,  the  rate  of  interest  to 
be  paid,  and  the  length  of  time  said  note  or  notes  are  to  run. 

Second.  Upon  filing  such  petition,  the  clerk  of  the  court  shall  fix 
a  day  for  hearing  the  same  hy  the  court. 

Third.  The  petitioner  shall  cause  notice  of  the  hearing  to  be 
mailed,  postage  prepaid,  to  the  heirs  at  law  of  said  decedent,  and  to 
the  devisees  and  legatees  resident  in  the  Canal  Zone,  and  to  the  near- 
est relatiA^es  of  said  minor  or  incompetent  person,  resident  in  the 
Canal  Zone,  at  least  ten  days  before  the  hearing,  addressed  to  them 
at  their  respective  post-office  addresses,  if  known.  Otherwise,  at  the 
place  where  the  proceedings  are  pending. 

Fourth.  At  the  time  and  place  appointed  for  said  hearing,  or  at 
such  other  time  and  place  to  which  the  hearing  may  be  postponed 
by  the  court,  the  court  must  proceed  to  hear  the  petition,  and  any 
objections  that  may  be  filed  or  presented  thereto,  and,  if,  after  a  full 
hearing,  the  court  is  satisfied  that  it  will  be  for  the  advantage,  bene- 
fit, or  best  interest  of  the  estate  of  said  decedent,  or  of  said  minor  or 
incompetent  person,  to  borrow  said  money,  and  execute  said  note 
or  notes,  without  security,  an  order  must  be  made,  authorizing,  em- 
jDowering,  and  directing  the  executor,  or  administrator,  or  the 
guardian  of  such  minor  or  incompetent  person  to  borrow  said  money, 
and  to  make  and  execute  said  note  or  notes,  without  security,  specify- 
ing in  said  order  the  amount  that  may  be  borrowed,  the  rate  of 
interest  that  is  to  be  paid,  and  the  length  of  time  that  said  note  or 
notes  are  to  run. 

Fifth.  After  the  making  of  the  order  to  borrow  said  money  and 
execute  said  note  or  notes,  the  executor,  administrator,  or  guardian 
of  the  minor  or  incompetent  person,  shall  execute  and  deliver  a 
promissory  note  or  notes,  without  security,  for  the  amount,  at  the 
rate  of  interest,  and  for  the  period  prescribed  in  said  order,  and 
said  note  or  notes  shall  be  signed  by  the  executor,  or  administrator 
or  guardian,  as  such,  and  shall  create  no  personal  liability  against 
the  person  so  signing. 

Sixth.  Any  note  or  notes  so  signed  and  executed,  shall  be  effectual 
to  create  a  valid  obligation  and  debt  against  said  estate,  or  said 
minor  or  incomiDetent  person,  and  shall  be  pa37able  out  of  the  funds 
of  said  estate,  and  said  note  or  notes  shall  specify  that  it  is  made  by 
authority  of  such  order,  giving  the  date  thereof. 


S34 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1524 


CHAPTER    30.— POWERS    AND     DUTIES    OF    EXECUTORS    AND 
ADMINISTRATORS,    AND    MANAGEMENT    OF    ESTATES 


Sec. 

1527.  What    executors    are   not    psirtles    to 

actions. 
152S.  May   compound. 

1529.  Recovery     of     property     fraudulently 

(lispcsetl  of  by  testator. 

1530.  When    executor    to    sue,    as    provided 

In   preceding  section. 

1531.  Disposition  of  estate  recovered. 

1532.  Court  may  order  funds  deposited. 

1533.  lnvcstm(>nt  of  moneys  of  estate  pend- 

ing settlement. 


Sec. 

1521.  Executor   to   take    possession   of   the 

entire  estate. 

1522.  Actions    may    be    maintained    by    and 

against   executors   and   administra- 
tors. 

1523.  May  maintain  actions  for  waste,  con- 

version,  and   trespass. 

1524.  Executor   and    administrator  may   be 

sued   for   waste   or   trespiss  of  de- 
cedent. 

1525.  Surviving   partner  to   settle   up  busi- 

ness ;    interest    therein    to    he    ap- 
praised :  account  to  lie  rendered. 

1526.  Actions   on   bond   of   osocutor   cr  ad- 

ministrator may  be  l)rought  by  fin- 
other  administrator. 

Section  1521.  Executor  to  take  possession  of  the  entire 
estate. — The  executor  or  administrator  must  take  into  his  possession 
all  the  estate  of  the  decedent,  real  and  personal,  and  collect  all  debts 
due  to  the  decedent  or  to  the  estate.  For  the  purpose  of  bringing 
suits  to  quiet  title,  or  for  partition  of  such  estate,  the  possession  of 
the  executors  or  administrators  is  the  possession  of  the  heirs  or 
devisees;  such  possession  by  the  heirs  or  devisees  is  subject,  however, 
to  the  possession  of  the  executor  or  administrator,  for  the  purposes 
of  administration,  as  provided  in  chapters  23  to  36  of  this  title. 

CeOS  S-REFEREN  CES 

Possession  of  estate  by  executor,  etc.,  see  section  1440  of  this  title. 
Liability  for  failure  to  collect  debts,  see  section  1564  of  this  title. 
Suits  by  and  against  executor,  see  sections  1522  to  1527  of  this  title. 

1522.  Actions  may  be  maintained  by  and  against  executors  and 
administrators. — Actions  for  the  recovery  of  any  property,  real  or 
personal,  or  for  the  possession  thereof,  or  to  quiet  title  thereto,  or 
to  determine  any  adverse  claim  thereon,  and  all  actions  founded 
upon  contracts,  may  be  maintained  by  and  against  executors  and 
administrators  in  all  cases  in  which  the  same  might  have  been  main- 
tained by  or  against  their  respective  testators  or  intestates. 

Cross- References 

Suits  by  executors  and  administrators  after  substitution,  see  section  141 
of  this  title. 

Suits  without  joining  beneficiaries,  see  section  124  of  this  title. 

1523.  May  maintain  actions  for  waste,  conversion,  and  tres- 
pass.— Executors  and  administrators  may  maintain  actions  against 
any  person  who  has  wasted,  destroyed,  taken,  or  carried  away,  or 
converted  to  his  own  use,  the  goods  of  their  testator  or  intestate, 
in  his  lifetime.  They  may  also  maintain  actions  for  trespass  com- 
mitted on  the  real  estate  of  the  decedent  in  his  lifetime. 

1524.  Executor  and  administrator  may  be  sued  for  waste  or 
trespass  of  decedent. — Any  person  or  his  personal  representatives 
maj^  maintain  an  action  against  the  executor  or  administrator  of 
any  testator  or  intestate  who  in  his  lifetime  has  wasted,  destroyed, 
taken,  or  carried  away,  or  converted  to  his  own  use,  the  goods  or 


535 


T.  4,  §  1525]  THE  CODE  OF  CIVIL  PROCEDURE 

chattels  of  any  such  person,  or  committed  any  trespass  on  the  real 
estate  of  such  person. 

1525.  Surviving  partner  to  settle  up  business;  interest  therein 
to  be  appraised;  account  to  be  rendered. — "Wlien  a  partnership 
exists  between  the  decedent,  at  the  time  of  his  death,  and  any 
other  person,  the  surviving  partner  has  the  right  to  continue  in 
possession  of  the  partnership,  and  to  settle  its  business,  but  the 
interest  of  the  decedent  in  the  partnership  must  be  included  in 
the  inventory,  and  be  appraised  as  other  property.  The  surviving 
partner  must  settle  the  affairs  of  the  partnership  without  d?lay, 
and  account  with  the  executor  or  administrator,  and  pay  over  such 
balances  as  may  from  time  to  time  be  payable  to  him,  in  right  of 
the  decedent.  Upon  the  application  of  the  executor  or  administratoj-, 
the  court,  or  a  judge  thereof,  maj',  whenever  it  appears  necessary, 
order  the  surviving  partner  to  render  an  account,  and  in  case  of 
neglect  or  refusal  may,  after  notice,  compel  it  by  attachment;  and 
the  executor  or  administrator  may  maintain  against  him  any  action 
which  the  decedent  could  have  maintained. 

Cross-Refekence 

Interest  of  decedent  in  partnership  may  be  sold,  see  stctiou  1505  of  this  title. 

1526.  Actions  on  bond  of  executor  or  administrator  may  be 
brought  by  another  administrator. — ^An  administrator  may,  in  his 
own  name,  for  the  use  and  benefit  of  all  parties  interested  in  the 
estate,  maintain  actions  on  the  bond  of  an  executor,  or  of  any  former 
administrator  of  the  same  estate. 

Cross-Refebences 

Bond  of  executor  or  administrator,  see  sections  1352  et  seq.  of  this  title. 
Personal  representative  as  a  party,  see  section  124  of  this  title. 

1527.  What  executors  are  not  parties  to  actions. — In  actions  by 
or  against  executors,  it  is  not  necessary  to  join  those  as  psirties  to 
whom  letters  were  issued,  but  who  have  not  qualified. 

Cross-Refekence 

Beneficiaries  need  not  be  joined,  see  section  124  of  this  title. 

1528.  May  compound. — Whenever  a  debtor  of  the  decedent  is 
unable  to  pay  all  his  debts,  the  executor  or  administrator,  with  the 
approbation  of  the  court  or  judge,  may  compound  with  him  and  give 
him  a  discharge,  upon  receiving  a  fair  and  just  dividend  of  his 
effects.  A  compromise  may  also  be  authorized  when  it  appears  to  be 
just,  and  for  the  best  interest  of  the  estate. 

1529.  Recovery  of  property  fraudulently  disposed  of  by  testa- 
tor.— When  there  is  a  deficiency  of  a.ssets  in  the  liaiids  of  an  execu- 
tor or  administrator,  and  when  the  decedent,  in  his  lifetime,  has 
conveyed  any  real  estate,  or  any  rights  or  interests  therein,  with 
intent  to  defraud  his  creditors,  or  to  avoid  any  right,  debt,  or  duty 
of  any  person,  or  has  so  conveyed  such  estate  that  by  law  the  deeds  or 
conveyances  are  void  as  against  creditors,  the  executor  or  adminis- 

53G 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1533 

Irator  must  commence  and  prosecute  to  final  judgment  any  proper 
action  for  the  recovery  of  the  same ;  and  may  recover  for  the  benefit 
of  the  creditor  all  such  real  estate  so  fraudulently  conveyed;  and 
ma}'  also,  for  the  benefit  of  the  creditors,  sue  and  recover  all  goods, 
chattels,  rights,  or  credits  which  have  been  so  conveyed  by  the 
decedent  in  his  lifetime,  whatever  may  have  been  the  manner  of 
such  fraudulent  conveyance. 

Cboss-References 

Suit  without  joining  beneficiaries,  see  section  124  of  this  title. 

Fraudulent  conveyances,  see  sections  561  to  569,  1530  and  1531  of  this  title. 

1530.  When  executor  to  sue,  as  provided  in  preceding  section. — 

No  executor  or  administrator  is  bound  to  sue  for  such  estate,  as 
mentioned  in  the  next  preceding  section,  for  the  benefit  of  the  cred- 
itors, unless  on  application  of  creditors,  who  must  pay  such  part  of 
the  costs  and  expenses  of  the  suit,  or  give  such  security  to  the 
executor  or  administrator  therefor,  as  the  court  or  judge  shall  direct. 

1531.  Disposition  of  estate  recovered. — All  real  estate  so  recov- 
ered must  be  sold  for  the  payment  of  debts,  in  the  same  manner  as 
if  the  decedent  had  died  seised  thereof,  upon  obtaining  an  order 
therefor  from  the  court;  and  the  proceeds  of  all  goods,  chattels, 
rights,  and  credits  so  recovered  must  be  appropriated  in  payment  of 
the  debts  of  the  decedent  in  the  same  manner  as  other  property  in  the 
hands  of  the  executor  or  administrator.  The  remainder  of  the  pro- 
ceeds, after  all  the  debts  of  the  decedent  have  been  paid,  must  be  paid 
to  the  person  from  whom  such  property  was  recovered. 

1532.  Court  may  order  funds  deposited. — The  court  is  empow- 
ered to  order  any  executor  or  administrator  to  deposit  any  or  all 
funds  of  an  estate,  coming  into  his  hands,  in  a  bank  or  banks,  or 
other  depositary,  to  be  designated  by  the  court.  The  deposit  shall 
be  made  in  the  name  of  the  executor  or  administrator  with  a  desig- 
nation of  his  fiduciary  capacity.  The  court  may  direct  the  executor 
or  administrator  to  deposit  any  or  all  of  such  funds  in  an  interest- 
bearing  account:  Provided^  however^  That  nothing  in  this  section 
shall  be  construed  to  relieve  any  executor  or  administrator  from  any 
duty  otherwise  imposed  by  law. 

1533.  Investment  of  moneys  of  estate  pending  settlement. — 

Pending  the  settlement  of  any  estate,  on  the  petition  of  any  person 
interested  therein,  and  upon  good  cause  shown  therefor,  the  court 
may  order  any  money  in  the  hands  of  the  executors  or  administrators 
to  be  invested  for  the  benefit  of  the  estate  in  securities  of  the  United 
States. 

Such  order  can  only  be  made  after  ten  days'  notice  of  the  hearing 
of  the  said  petition,  by  notice  posted  in  three  public  places  in  the 
Canal  Zone,  or  by  publication  in  a  newspaper  of  general  circulation 
therein,  or  both,  as  the  court  or  judge  shall  direct. 


93083—34 35  537 


T.  4,  §  1541] 


THE  CODE  OF  CIVIL  PROCEDURE 


CHAPTER  31.— CONVEYANCE  OF  REAL  ESTATE  AND  TRANSFER  OF 
PERSONAL  PROPERTY  BY  EXECUTORS  AND  ADMINISTRATORS 
IN   CERTAIN   CASES 


Sec. 

1541.  Executor  or  administrator  to  complete 

contracts   for   sale   of   real  or   per- 
siinal  property. 

1542.  Petition   for   executor  or   administra- 

tor to  make  conveyance  or  transfer 
and  notice  of  hearing. 

1543.  Interested    parties    may    contest. 

1544.  Docree  authorizing  conveyance. 

1545.  Execution  of  conveyance  or  transfer, 

and    the    recording    of    the    order 
therefor. 


Sec. 

154G.  Rights   of   petitioner   to    enforce   the 
contract. 

1547.  Effect  of  conveyance  or  transfer. 

1548.  Effect    of    recording    a    copy    of    the 

docree. 

1549.  Recording  of  the  decree  does  not  su- 

persede power  of  court  to  enforce  it. 

1550.  Where  party  to  whom  conveyance  or 

transfer    to    be    made    is    dead. 

1551.  Decree    may    direct   possession    to   be 

surrendered. 


Section  1541.  Executor  or  administrator  to  complete  contracts 
for  sale  of  real  or  personal  property. — ^Vlien  a  person  who  is  bound 
by  contract  in  writing  to  convey  any  real  estate,  or  to  transfer  any 
personal  property,  dies  before  making  conveyance  or  transfer,  and 
in  all  cases  when  such  decedent,  if  living,  might  be  compelled  to 
make  such  conveyance  or  transfer,  the  court  having  jurisdiction  of 
the  probate  proceedings  of  the  estate  of  such  decedent,  may  make 
a  decree  authorizing  and  directing  the  executor  or  administrator  of 
such  deceased  person  to  convey  or  transfer  such  real  estate  or  per- 
sonal property  to  the  person  entitled  thereto. 

Cross-Refebence 

Completion  of  contract  of  person  becoming  insane,  see  section  1821  of  tliis 
title. 

1542.  Petition  for  executor  or  administrator  to  make  convey- 
ance or  transfer  and  notice  of  hearing. — On  the  presentation  of  a 
verified  petition  by  the  executor  or  administrator,  or  by  any  person 
claiming  to  be  entitled  to  such  conveyance  from  an  executor  or 
administrator,  setting  forth  the  facts  upon  which  the  claim  is 
predicated,  the  court  or  judge  shall  appoint  a  time  and  place  for 
hearing  the  petition,  and  shall  order  notice  thereof  to  be  served  on 
the  executor  or  administrator  personally  when  he  is  not  the  peti- 
tioner, and  to  be  published  at  least  once  a  week  for  four  successive 
weeks  before  such  hearing,  in  a  newspaper  of  general  circulation  in 
the  Canal  Zone. 

Ceoss-Refekences 

Verification  of  pleadings,  see  section  241  of  this  title. 
Publication  of  notice,  see  section  1682  of  this  title. 

1543.  Interested  parties  may  contest. — At  the  time  and  place 
appointed  for  the  hearing,  or  at  such  other  time  to  which  the  same 
may  be  postponed,  upon  satisfactory  proof  by  affidavit  or  other- 
wise, of  the  due  publication  of  the  notice,  the  court  shall  proceed  to 
hear  the  said  petition,  and  all  persons  interested  in  the  estate  may 
appear  and  contest  such  petition,  by  filing  their  objections  in  writ- 
ing, and  the  court  may  examine,  on  oath,  the  petitioner  and  all  who 
may  be  produced  before  him  for  that  purpose. 

1544.  Decree  authorizing  conveyance. — If  after  a  full  hearing 
upon  the  petition  and  objections  and  examination  of  the  facts 
and  circumstances  of  the  claim,  the  court  is  satisfied  that  the  con- 


538 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1551 

veyance  of  the  real  estate  described  in  the  petition  to  the  party 
entitled  thereto  should  be  made,  a  decree  authorizing  and  directing 
the  executor  or  administrator  to  execute  a  conveyance  thereof  to 
the  party  entitled  thereto  must  be  made, 

1545.  Execution  of  conveyance  or  transfer,  and  the  recording 
of  the  order  therefor. — The  executor  or  administrator  nmst  execute 
the  conveyance  or  transfer  according  to  the  directions  contained  in 
the  decree,  which  decree  shall  be  prima  facie  evidence  of  the  correct- 
ness of  the  proceedings,  and  of  the  authority  of  the  executor  or 
administrator  to  make  the  conveyance  or  transfer. 

1546.  Rights  of  petitioner  to  enforce  the  contract. — If  upon  the 
hearing,  as  hereinbefore  provided,  the  right  of  the  petitioner  to 
have  a  specific  performance  of  the  contract  is  found  to  be  doubtful, 
the  court  must  dismiss  the  petition  without  prejudice  to  the  rights 
of  the  petitioner,  who  may,  at  any  time  within  six  months  after  such 
dismissal,  proceed  by  action  to  enforce  a  specific  performance  thereof. 

1547.  Effect  of  conveyance  or  transfer. — Every  conveyance  or 
transfer  made  in  pursuance  of  a  decree  as  provided  in  this  chapter, 
shall  pass  title  to  the  property  contracted  for,  as  fully  as  if  the 
contracting  party  himself  was  still  living,  and  executed  the  convey- 
ance or  transfer. 

1548.  Effect  of  recording  a  copy  of  the  decree. — A  copy  of  the 
decree  for  a  conveyance  or  transfer  as  provided  in  this  chapter, 
duly  certified  and  recorded  in  the  ojSice  of  the  registrar  of  property, 
gives  the  person  entitled  to  the  conveyance  or  transfer  a  right  to 
the  possession  of  the  property  contracted  for,  and  to  hold  the  same 
according  to  the  terms  of  the  intended  conveyance  or  transfer,  in 
like  manner  as  if  the  same  had  been  conveyed  or  transferred  in 
pursuance  of  the  decree. 

1549.  Recording  of  the  degree  does  not  supersede  power  of 
court  to  enforce  it. — The  recording  of  any  decree,  as  provided  in 
the  next  preceding  section  shall  not  prevent  the  court  making  the 
decree  from  enforcing  the  same  by  other  process. 

1550.  Where  party  to  whom  conveyance  or  transfer  to  be  made 
is  dead. — If  the  person  entitled  to  the  conveyance  or  transfer  dies 
before  the  commencement  of  the  proceedings  therefor  under  this 
chapter,  or  before  the  completion  of  the  conveyance  or  transfer, 
any  person  entitled  to  succeed  to  his  rights  in  the  contract,  or  the 
executor  or  administrator  of  such  decedent,  may,  for  the  benefit  of 
the  person  so  entitled,  commence  such  proceedings  or  prosecute  any 
already  commenced,  and  the  conveyance  or  transfer  must  be  so 
made  as  to  vest  the  property  in  the  person  or  persons  entitled  thereto, 
or  in  the  executor  or  administrator,  for  their  benefit. 

1551.  Decree  may  direct  possession  to  be  surrendered. — The 

decree  provided  for  in  this  chapter  may  direct  the  possession  of  the 
property  therein  described  to  be  surrendered  to  the  person  entitled 
thereto,  upon  his  producing  a  certified  copy  of  the  decree,  when,  by 
the  terms  of  the  contract,  possession  is  to  be  surrendered. 

539 


T.  4,  §  1561] 


THE  CODE  OF  CIVIL  PROCEDURE 


CHAPTER  32.— ACCOUNTS  RENDERED  BY  EXECUTORS  AND 
ADMINISTRATORS,   AND   PAYMENT   OF   DEBTS 


Art.  Sec. 

1.  Liabilities    and    compensation    of 

executors  and   administrators 1561 


Art.  Sec. 
2.  Accounting  and  settlements  by  ex- 
ecutors   and    administrators 1571 

y.  Pajmcnt   of   debts   of  estate 1591 


ARTICLE   1.— LIABILITIES   AND   COMPENSATION    OF   EXECUTORS 
AND  ADMINISTRATORS 


Sec. 
1561. 

1562. 

1563. 
(564. 
l565. 


When  executor  or  administrator  per- 
sonally liable. 

Executor  to  be  charged  with  all 
estate,  etc. 

Not  to  profit  or  lose  by  estate. 

Uncollected    debts   without   fault. 

Expenses  of  executors. 


Sec. 

1566.  Not    to   purchase   claims   against   the 

estate. 

1567.  Executors    and    administrators ;    com- 

missiuns  allowed  to. 

1568.  Allowed  fees  for  attorneys  ;  extraor- 

dinary services. 


Section  1561.  When  executor  or  administrator  personally 
liable. — No  executor  or  administrator  is  chargeable  upon  any  special 
promise  to  answer  in  damages  or  to  pay  the  debts  of  the  testator  or 
intestate  out  of  his  own  estate,  unless  the  agreement  for  that  purpose, 
or  some  memorandum  or  note  thereof,  is  in  w^riting  and  signed  by 
such  executor  or  administrator,  or  by  some  other  person  by  him  there- 
unto specially  authorized  in  writing. 

Cross-Rei-ekence 

Personal  liability  of  executor,  see  section  1597  of  this  title. 

1562.  Executor  to  be  charged  with  all  estate,  etc. — Every  execu- 
tor and  administrator  is  chargeable  in  his  account  with  the  whole  of 
the  estate  of  the  decedent  which  may  come  into  his  possession  at  the 
value  of  the  appraisement  contained  in  the  inventory,  except  as  pro- 
vided in  the  following  sections,  and  with  all  the  interest,  profit,  and 
income  of  the  estate. 

1563.  Not  to  profit  or  lose  by  estate. — He  shall  not  make  profit 
by  the  increase,  nor  suffer  loss  by  the  decrease,  or  destruction,  with- 
out his  fault,  of  any  part  of  the  estate.  He  must  account  for  the 
excess  when  he  sells  any  part  of  the  estate  for  more  than  the  appraise- 
ment, and  if  any  is  sold  for  less  than  the  appraisement,  he  is  not 
responsible  for  the  loss,  if  the  sale  has  been  justly  made. 

1564.  Uncollected  debts  without  fault. — No  executor  or  admin- 
istrator is  accountable  for  any  debts  due  to  the  decedent,  if  it 
appears  that  they  remain  uncollected  without  his  fault. 

1565.  Expenses  of  executors. — The  executor  or  administrator 
shall  be  allowed  all  necessary  expenses  in  the  care,  management,  ami 
settlement  of  the  estate,  and  for  his  services  such  fees  as  provided 
by  this  chapter;  but  when  the  decedent,  by  his  will,  makes  some 
other  provision  for  the  compensation  of  his  executor,  that  shall  be  a 
full  compensation  for  his  services,  unless  by  a  written  instrument, 
filed  in  the  court,  he  renounces  all  claim  for  compensation  provided 
for  in  the  will. 

Allowance  upon  commissions. — At  any  time  during  the  admin- 
istration any  executor  or  administrator,  may,  upon  such  notice  to 
the  other  parties  interested  in  the  estate  as  the  court  shall  by  order 


540 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1567 

require,  apply  to  the  court  for  an  allowance  to  himself  upon  his 
commissions,  and  the  court  shall  on  the  hearing  of  such  application 
make  an  order  allowing  such  executor  or  administrator  such  portion 
of  his  commissions  as  to  the  court  shall  seem  proper,  and  the  portion 
so  allowed  may  be  thereupon  charged  against  the  estate. 

Allowance  to  attorney  upon  fee. — Any  attorney  who  has  ren- 
dered services  to  an  executor  or  administrator  may  at  any  time  dur- 
ing the  administration,  and  upon  such  notice  to  the  other  parties 
interested  in  the  estate  as  the  court  shall  by  order  require,  apply  to 
the  court  for  an  allowance  to  himself,  of  compensation  therefor,  and 
the  court  shall  on  the  hearing  of  such  application  make  an  order 
requiring  the  executor  or  administrator  to  pny  such  attorney  out 
of  the  estate  such  compensation  on  account  of  services  rendered  by 
such  attorney  up  to  the  date  of  such  order  as  to  the  court  shall  seem 
proper,  and  such  payment  shall  be  forthwith  made. 

Cboss-Refekences 

Compensation  for  services,  see  section  1567  of  this  title. 
Costs,  see  section  1489  of  this  title. 

1566.  Not  to  purchase  claims  against  the  estate. — No  adminis- 
trator or  executor  shall  purchase  any  claim  against  the  estate  he 
represents;  and  if  he  pays  any  claim  for  less  than  its  nominal  value 
he  is  only  entitled  to  charge  in  his  account  the  amount  he  actually 
paid. 

1567.  Executors  and  administrators;  commissions  allowed  to. — 

^Yhen  no  compensation  is  provided  by  the  will,  or  the  executor  re- 
nounces all  claim  thereto,  he  must  be  allowed  commissions  upon  the 
amount  of  estate  accounted  for  by  him,  as  follows :  for  the  first 
$1,000,  at  the  rate  of  7  percent;  for  the  next  $9,000,  at  the  rate  of 
4  percent ;  for  the  next  $10,000,  at  the  rate  of  3  percent ;  for  the  next 
$30,000,  at  the  rate  of  2  percent ;  for  the  next  $50,000,  at  the  rate  of 
1  percent;  and  for  all  above  $100,000,  at  the  rate  of  one  half  of  1 
percent.  If  there  are  two  or  more  executors  the  compensation  shall 
be  apportioned  among  them  by  the  court  according  to  the  services 
actually  rendered  by  them  respectively.  The  same  commissions  shall 
be  allowed  to  administrators.  In  all  cases,  such  further  allowance 
may  be  made  as  the  court  may  deem  just  and  reasonable  for  any 
extraordinary  service,  but  the  total  amount  of  such  extra  allowance 
must  not  exceed  one  half  of  the  amount  of  conunissions  allowed  by  this 
section.  Where  the  property  of  the  estate  is  distributed  in  kind,  and 
involves  no  labor  beyond  the  custody  and  distribution  of  the  same, 
the  commission  shall  be  computed  on  all  the  estate  above  the  value 
of  $20,000,  at  one  half  of  the  rates  fixed  in  this  section.  Public  ad- 
ministrators shall,  subject  to  the  provisions  of  section  1715  of  this 
title,  receive  the  same  compensation  and  allowances  as  are  allowed 
in  this  title  to  other  administrators.  All  contracts  between  an  execu- 
tor or  administrator  and  an  heir,  devisee,  or  legatee,  for  a  higher 
compensation  than  that  allowed  by  this  section,  shall  be  void.  When 
the  executor  or  administrator  is  an  attorney  he  shall  not  be  allowed 
to  charge  against  the  estate  any  professional  fees,  as  such,  for  serv- 
ices rendered  by  himself. 

541 


T.  4,  §  1568] 


THE  CODE  OF  CIVIL  PROCEDURE 


1568.  Allowed  fees  for  attorneys;  extraordinary  services.— At- 
torneys for  executors  and  administrators  shall  be  allowed  out  of 
the  estate  as  fees  for  conducting  the  ordinary  probate  proceedings 
such  reasonable  sum  as  the  court  may  allow  which  shall  be  not  in 
excess  of  such  amounts  as  are  allowed  by  the  next  preceding  section 
as  compensation  for  executors  and  administrators  for  their  own 
services.  In  all  cases  such  further  allowance  may  be  made  as  the 
court  may  deem  just  and  reasonable  for  any  extraordinary  services 
such  as  sales  or  mortgages  of  real  estate,  contested  or  litigated 
claims  against  the  estate,  litigation  in  regard  to  the  property  of  the 
estate,  and  such  other  litigation  as  may  be  necessary  for  the  executor 
or  administrator  to  prosecute  or  defend. 

ARTICLE  2.— ACCOUNTING  AND  SETTLEMENTS  BY  EXECUTORS  AND 

ADMINISTRATORS 


Sec. 

1580.  When  settlement  is  final,  notice  must 

so  state. 
15S1.  Interested   party   may  file  exceptions 

to  account. 

1582.  All  matters  may  be  contested  by  the 

heirs ;    hearing   may   be   postponed. 

1583.  Settlement    of    accounts    to    be    con- 

clusive,  when   and   when    not. 

1584.  Proof  of  notice  of  settlement   of  ac- 

counts. 

1585.  Deceased     executor's     or     guardian's 

accounts. 


Sec. 

1571.  Executor's  exhibit  of  money  received, 

etc. 

1572.  Objections  to  account,  who  may  file. 

1573.  Attachment  for  not  obeying  citation. 

1574.  Executor's   report. 

1575.  Executor    to    account    after    his    au- 

thority revoljed. 

1576.  Revoking  authority  of  executor,  when. 

1577.  To   produce  and   file  vouchers,   which 

remain   in  court. 

1578.  Expenditures    less    than    $20    may   be 

allowed    executors    without    vouch- 
ers. 

1579.  Day  of  settlement   to   be  appointed ; 

clerk     must    give     notice    thereof ; 
hearing  on  settlement. 

1571.  Executor's  exhibit  of  money  received,  etc. — Wlien  re- 
quired by  the  court,  either  upon  its  own  motion  or  upon  the  applica- 
tion of  any  person  interested  in  the  estate,  the  executor  or  admin- 
istrator must  render  an  exhibit  under  oath,  showing  the  amount  of 
money  received  and  expended  by  him,  the  amount  of  all  claims  filed 
or  presented  against  the  estate,  and  the  names  of  the  claimants,  and 
all  other  matters  necessary  to  show  the  condition  of  its  affairs. 

Cross-Refeeence 
Report  and  accounting  by  executor,  see  section  1574  of  this  title. 

1572.  Objections  to  account,  who  may  file. — Wiicn  an  exhibit  is 
rendered  by  an  executor  or  administrator,  any  person  interested  may 
appear  and,  by  objections  in  writing,  contest  any  account  or  state- 
ment therein  contained.  The  court  may  examine  the  executor  or 
administrator,  and  if  he  has  been  guilty  of  neglect,  or  has  wasted, 
embezzled,  or  mismanaged  the  estate,  his  letters  must  be  revoked. 

Cross-Refekences 

Any  person  interested,  see  section  1581  of  this  title. 

Revocation  for  misconduct,  see  sections  1411  et  seq.,  of  this  title. 

1573.  Attachment  for  not  obeying  citation. — If  any  executor  or 
administrator  neglects  or  refuses  to  appear  and  render  an  exhibit, 
after  having  been  duly  cited,  an  attachment  may  be  issued  against 


542 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1577 

him  and  such  exhibit  enforced,  or  his  letters  may  be  revoked,  in  the 
discretion  of  the  court. 

CrOSS-R  EI-EREN  CES 

Contempt,  see  section  1163  of  this  title. 

Attacliment  of  executor,  see  sections  1574  and  1576  of  tliis  title. 

1574.  Executor's  report. — Within  thirty  days  after  the  expira- 
tion of  the  time  mentioned  in  the  notice  to  creditors  within  which 
claims  must  be  filed  or  exhibited  every  executor  or  administrator 
must  render  a  full  account  and  report  of  his  administration.  If  he 
fails  to  present  his  account  the  court  or  judge  must  compel  the  ren- 
dering of  the  account  by  attachments,  and  any  person  interested  in 
the  estate  may  apply  for  and  obtain  an  attachment;  but  no  attach- 
ment must  issue  unless  a  citation  has  been  first  issued,  served,  and 
returned,  requiring  the  executor  or  administrator  to  appear  and  show 
cause  why  an  attachment  should  not  issue.  Every  account  must 
exhibit  all  debts  which  have  been  filed  and  allowed  during  the  period 
embraced  in  the  account. 

Cross-Refekences 

Account  of  administration,  final,  see  sections  1595  and  1600  of  this  title. 
Judge  may  receive  at  chambers,  see  section  27  of  this  title. 
Exhibit  of  condition  of  estate,  see  section  1571  of  this  title. 

1575.  Executor  to  account  after  his  authority  revoked. — When 
the  authority  of  an  executor  or  administrator  ceases,  or  is  revoked 
for  any  reason,  he  may  be  cited  to  account  before  the  court,  at  the 
instance  of  the  person  succeeding  to  the  administration  of  the  same 
estate,  in  like  manner  as  he  might  have  been  cited  by  any  person 
interested  in  the  estate  during  the  time  he  was  executor  or  admin- 
istrator. 

Cross-Refeeence 

Account  after  authority  ended,  see  section  1391  of  this  title. 

1576.  Revoking  authority  of  executor,  when. — If  the  executor 

or  administrator  resides  out  of  the  Canal  Zone,  or  absconds,  or  con- 
ceals himself,  so  that  the  citation  cannot  be  personally  served,  and 
neglects  to  render  an  account  within  thirty  days  after  the  time  pre- 
scribed in  this  article,  or  if  he  neglects  to  render  an  account  within 
thirty  days  after  being  committed  where  the  attachment  has  been 
executed,  his  letters  must  be  revoked. 

CROSa-RBFEBEN  CEB 

Compare  section  1414  of  this  title. 

Attachment  of  executor,  see  sections  1573  and  1574  of  this  title. 

1577.  To  produce  and  file  vouchers,  which  remain  in  court. — In 

rendering  his  account,  the  executor  or  administrator  must  produce 
and  file  vouchers  for  all  charges,  debts,  claims,  and  expenses  which 
he  has  paid,  which  must  remain  in  the  court;  and  he  may  be  exam- 
ined on  oath  touching  such  payments,  and  also  touching  any  prop- 
erty and  effects  of  the  decedent,  and  the  disposition  thereof.  When 
any  voucher  is  required  for  other  purposes,  it  may  be  withdrawn  on 

543 


T.  4,  §1578]  THE  CODE  OF  CIVIL  PROCEDURE 

leaving  a  certified  copy  on  file ;  if  a  voucher  is  lost,  or  for  other  good 
reason  cannot  be  produced  on  the  settlement,  the  payment  may  be 
proved  by  the  oath  of  any  competent  witness. 

Ceoss-Reiference 
Vouchers  required  of  claimant,  see  section  1476  of  this  title. 

1578.  Expenditures  less  than  $20  may  be  allowed  executors 
without  vouchers. — ^On  the  settlement  of  his  account  he  may  be 
allowed  any  item  of  expenditure  not  exceeding  $20,  for  which  no 
voucher  is  produced,  if  such  item  be  supported  by  his  own  uncontra- 
dicted oath  positive  to  the  fact  of  payment,  specifying  when,  where, 
and  to  whom  it  was  made ;  but  such  allowances  in  the  whole  must  not 
exceed  $500  against  any  one  estate. 

Lost  or  destroyed  vouchers. — If  it  appears  by  the  oath  to  the 
account  and  is  proven  by  competent  evidence  to  the  satisfaction 
of  the  court,  that  a  voucher  for  any  disbursement  or  disbursements 
whatsoever  has  been  lost  or  destroyed,  and  that  it  is  impossible 
to  obtain  a  duplicate  thereof,  and  that  such  item  or  items  were  paid 
in  good  faith  and  for  the  best  interests  of  the  estate,  and  such  item  or 
items  were  legal  charges  against  said  estate,  then  the  executor  or 
administrator  shall  be  allowed  such  item  or  items. 

Payments  or  debts  without  affidavit  and  allowance. — If,  upon 
such  settlement  of  accounts,  it  appears  that  debts  against  the  deceased 
have  been  paid  without  the  affidavit  and  allowance  prescribed  by 
statute  or  sections  1476  and  1477  of  this  title,  and  it  shall  be  ]M-oven 
by  competent  evidence  to  the  satisfaction  of  the  court  that  f  uch  debts 
were  justly  due,  were  paid  in  good  faith,  that  the  amount  paid  was 
the  true  amount  of  such  indebtedness  over  and  above  all  payments  or 
set-offs,  and  that  the  estate  is  solvent,  it  shall  be  the  duty  of  the  said 
court  to  allow  the  said  sums  so  paid  in  the  settlement  of  said  accounts. 

1579.  Day  of  settlement  to  be  appointed;  clerk  must  give  notice 
thereof;  hearing  on  settlement. — When  any  account  is  rendered  for 
settlement,  the  clerk  of  the  court  must  appoint  a  day  for  the 
settlement  thereof,  and  thereupon  give  notice  thereof  by  causing 
notices  to  be  posted  in  at  least  three  public  places  in  the  Canal  Zone, 
setting  forth  the  name  of  the  estate,  the  executor  or  administrator, 
and  the  day  appointed  for  the  settlement  of  the  account.  If,  upon  the 
final  hearing  at  the  time  of  settlement,  the  court  or  judge  should 
deem  the  notice  insufficient  from  any  cause,  he  may  order  such  further 
nonce  to  be  given  as  may  seem  to  him  proper. 

Cross-Reifeeencb 
Proof  of  notice  of  settlement,  see  section  1584  of  this  title. 

1580.  When  settlement  is  final,  notice  must  so  state. — If  the  ac- 
count mentioned  in  the  next  preceding  section  be  for  a  final  settle- 
ment and  a  petition  for  the  final  distribution  of  the  estate  be  filed 
with  said  account,  the  notice  of  settlement  must  state  those  facts, 
which  notice  must  be  given  by  posting  or  publication  for  at  least  ten 
days  prior  to  the  day  of  settlement.     On  the  settlement  of  said 

544 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1585 

account,  distribution  and  partition  of  the  estate  to  all  entitled  thereto 
may  be  immediately  had  without  further  notice  or  proceedings. 

Cross-Refebences 

Notice  of  petition  for  final  distribution,  see  section  1625  of  this  title. 
Notice  on  partition  and  distribution,  see  sections  1632  and  1638  of  this  title. 

1581.  Interested  party  may  file  exceptions  to  account. — On  the 

day  appointed,  or  any  subsequent  day  to  which  the  hearing  may  be 
postponed  by  the  court,  any  person  interested  in  the  estate  may 
appear  and  file  his  exceptions  in  writing  to  the  account,  and  contest 

the  same. 

Ceoss-Reifeirencb 

Objections  to  account,  see  section  1572  of  this  title. 

1582.  All  matters  may  be  contested  by  the  heirs;  hearing  may 
be  postponed. — All  mattei-s,  including  allowed  claims  not  passed 
upon  on  the  settlement  of  any  former  account,  or  on  rendering  an 
exhibit,  or  on  making  a  decree  of  sale,  may  be  contested  by  the  heirs, 
for  cause  shown.  The  hearing  and  allegations  of  the  respective 
parties  may  be  postponed  from  time  to  time,  when  neces,sary,  and 
the  court  may  appoint  one  or  more  referees  to  examine  the  accounts, 
and  make  report  thereon,  subject  to  confirmation;  and  may  allow  a 
reasonable  compensation  to  the  referees  to  be  paid  out  of  the  estate 
of  the  decedent.  Whenever  an  allowed  claim  is  contested  by  any 
heir,  or  other  person  entitled  to  contest  it,  either  the  contestant  or  the 
claimant  is  entitled  to  a  trial  by  jury  of  the  issues  of  fact  presented 
by  the  contest ;  and  it  is  the  duty  of  the  court,  at  request  of  either 
party,  to  call  a  jury  and  submit  to  them  such  issues,  and,  after  receiv- 
ing their  verdict,  to  enter  an  order  disposing  of  such  contest  in 
accordance  therewith. 

Ckoss-References 

Referees,  see  sections  511  to  517  of  this  title. 

Appointment  and  compensation  of  referees,  see  sections  1487  and  148S  of 
this  title. 

1583.  Settlement  of  accounts  to  be  conclusive,  when  and  when 
not. — The  settlement  of  the  account  and  the  allowance  thereof  by  the 
court,  or  upon  appeal,  is  conclusive  against  all  per,sons  in  any  way 
interested  in  the  estate,  saving,  however,  to  all  persons  laboring 
under  any  legal  disability,  their  right  to  move  for  cause  to  reopen 
and  examine  the  account,  or  to  proceed  by  action  against  the  executor 
or  administrator,  either  individually  or  upon  his  bond,  at  any  time 
before  final  distribution;  and  in  any  action  brought  by  any  such 
person,  the  allowance  and  settlement  of  the  account  is  prima  facie 
evidence  of  it.s  correctness. 

1584.  Proof  of  notice  of  settlement  of  accounts. — The  account 
must  not  be  allowed  by  the  court  until  it  is  first  proved  that  notice 
has  been  given  as  required  by  this  chapter,  and  the  decree  must  show 
that  such  proof  was  made  to  the  satisfaction  of  the  court,  and  is 
conclusive  evidence  of  the  fact. 

1585.  Deceased  executor's  or  guardian's  accounts. — If  any  exec- 
utor, administrator,  or  guardian  dies,  his  accounts  may  be  presented 

545 


T.  4,  §  1591] 


THE  CODE  OF  CIVIL  PROCEDURE 


by  his  personal  representative  to,  and  settled  by,  the  court  in  which 
the  estate  of  which  he  was  executor,  administrator,  or  guardian  is 
being  administered,  and,  upon  petition  of  the  successor  of  such  de- 
ceased executor,  administrator,  or  guardian,  such  court  may  compel 
the  personal  representatives  of  such  deceased  executor,  administrator, 
or  guardian  to  render  an  account  of  the  administration  of  their 
testator  or  intestate,  and  must  settle  such  account  as  in  other  cases. 

Ckoss-Reference 

Guardians  account,  see  section  1778  of  this  title. 

ARTICLE  3.— PAYMENT  OF  DEBTS   OP  ESTATE 


Sec. 

1597.  After   decree   for    payment    of   debts, 

executor  personally  liable  to  credi- 
tors. 

1598.  Claims  not  included  in  order  for  pay- 

ment of  debts,  how  disposed  of. 

1599.  Order   for    payment    of    legacies,   and 

extension  of  time. 
1000.  Final   account,    when    to   be  made. 
1601.  Neglect  to  render  final  account,  how 

treated. 


Sec. 

1591.  Order  in  which  debts  must  be  paid. 

1592.  Where    property    insufficient    to    pay 

mortgage. 

1593.  Estate   insufficient,  a  dividend  to  be 

paid. 

1594.  Funeral  expenses  and  expenses  of  last 

siclsness. 

1595.  Order  for  payment  of  debts,  and  dis- 

charge of  the  executor  or  adminis- 
trator. 

1596.  Provision    for    disputed    and    contin- 

gent claims. 

1591.  Order  in  which  debts  must  be  paid. — The  debts  of  the 
estate  must  be  paid  in  the  following  order : 

1.  Funeral  expenses; 

2.  The  expenses  of  the  last  sickness ; 

3.  Debts  due  to  the  United  States ; 

4.  Judgments  rendered  against  the  decedent  in  his  lifetime,  and 
mortgages  and  other  liens  in  the  order  of  their  date; 

5.  All  other  demands  against  the  estate. 

If  a  debt  is  payable  in  a  particular  kind  of  money  or  currency, 
it  must  be  paid  only  in  such  money  or  currency.  If  the  estate  is 
insolvent,  no  greater  rate  of  interest  must  be  paid  upon  any  debt, 
from  the  time  of  the  first  publication  of  notice  to  creditors,  than  is 
allowed  by  law  on  judgments. 

Cboss-References 

Family  allowance,  see  sections  1465  and  1594  of  this  title. 

Interest  on  claims,  see  sections  1476  and  1493  of  this  title. 

Debts  payable  in  particular  kind  of  money,  see  sections  1370  and  1477  of  this 
title. 

Expenses  of  administration  and  family  allowances  to  be  paid  before  other 
debts,  see  title  3,  section  612. 

Effect  of  judgment  against  executor,  see  section  1485  of  this  title. 

1592.  Where  property  insufficient  to  pay  mortgage. — The  pref- 
erence given  in  the  next  preceding  section  to  a  mortgage  or  lien  only 
extends  to  the  proceeds  of  the  property  subject  to  the  mortgage  or 
lien.  If  the  proceeds  of  such  property  are  insufficient  to  pay  the 
mortgage  or  lien,  the  part  remaining  unsatisfied  must  be  classed  with 
general  demands  against  the  estate. 

1593.  Estate  insufficient,  a  dividend  to  be  paid. — If  the  estate  is 
insufficient  to  pay  all  the  debts  of  any  one  class,  each  creditor  must 
be  paid  a  dividend  in  proportion  to  his  claim;  and  no  creditor  of 


546 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §1597 

uny  one  class  shall  receive  any  payment  until  all  those  of  the 
preceding  class  are  fully  paid. 

Cboss-Reifbieence 
Insuflacient  funds,  proceedings  in  case  of,  see  section  1595  of  this  title. 

1594.  Funeral  expenses  and  expenses  of  last   sickness. — The 

6^ecutor  or  administrator,  as  soon  as  he  has  sufficient  funds  in  his 
h^ds,  must  pay  the  funeral  expenses  and  the  expenses  of  the  last 
sickness,  and  the  allowance  made  to  the  family  of  the  decedent.  He 
may  retain  in  his  hands  the  necessary  expenses  of  administration, 
but  he  is  not  obliged  to  pay  any  other  debt  or  any  legacy  until,  as 
prescribed  in  this  article,  the  payment  has  been  ordered  by  the 
court. 

Cross-Reference 

Preference  of  funeral  charges,  and  expenses  of  administration,  see  section 
1465  of  this  title. 

1595.  Order  for  payment  of  debts,  and  discharge  of  the  execu- 
tor or  administrator. — Upon  the  settlement  of  the  account  of  the 
executor  or  administrator,  provided  for  in  section  1574  of  this  title, 
the  court  must  make  an  order  for  the  payment  of  the  debts,  as  the 
circumstances  of  the  estate  require.  If  there  are  not  sufficient  funds 
in  the  hands  of  the  executor  or  administrator,  the  court  must  specify 
in  the  decree  the  sum  to  be  paid  to  each  creditor.  If  the  whole  prop- 
erty of  the  estate  is  exhausted  by  such  payment  or  distribution,  such 
account  must  be  considered  as  a  final  account,  and  the  executor  or 
administrator  is  entitled  to  his  discharge  on  producing  and  filing 
the  necessary  vouchers  and  proofs  showing  that  such  payments  have 
been  made,  and  that  he  has  fully  complied  with  the  decree  of  the 
court. 

Cross-Refekences 

InsuflScient  funds,  payment  of  dividends,  see  section  1593  of  this  title. 
Settlement  of  accounts,  see  section  1574  of  this  title. 

1596.  Provision  for  disputed  and  contingent  claims. — If  there  is 
any  claim  not  due,  or  any  contingent  or  disputed  claim  against  the 
estate,  the  amount  thereof,  or  such  part  of  the  same  as  the  holder 
would  be  entitled  to  if  the  claim  were  due,  established,  or  absolute, 
must  be  paid  into  the  court,  and  there  remain,  to  be  paid  over  to 
the  party  when  he  becomes  entitled  thereto;  or,  if  he  fails  to  es- 
tablish his  claim,  to  be  paid  over  or  distributed  as  the  circumstances 
of  the  estate  require.  If  any  creditor  whose  claim  has  been  allowed, 
but  is  not  5^et  due,  appears  and  assents  to  a  deduction  therefrom  of 
the  legal  interest  for  the  time  the  claim  has  yet  to  run,  he  is  entitled 
to  be  paid  accordingly.  The  payments  provided  for  in  this  section 
are  not  to  made  when  the  estate  is  insolvent,  unless  a  pro  rata 
distribution  is  ordered. 

1597.  After  decree  for  payment  of  debts,  executor  personally 
liable  to  creditors. — When  a  decree  is  made  by  the  court  for  the 
payment  of  creditors,  the  executor  or  administrator  is  personally 
liable  to  each  creditor  for  his  allowed  claim,  or  the  dividend  thereon, 

547 


T.  4,  §  1598]  TEE  CODE  OF  CIVIL  PROCEDURE 

and  execution  may  be  issued  on  such  decree,  as  upon  a  judgment  in 
the  court,  in  favor  of  each  creditor,  and  the  same  proceeding  may 
be  had  under  such  execution  as  under  execution  in  other  cases.  The 
executor  or  administrator  is  liable  therefor  on  his  bond  to  each 
creditor. 

CROS  S-R  EFEBEIX  C  B 

Personal  liability  of  executor,  see  section  1561  of  this  title. 

1598.  Claims  not  included  in  order  for  payment  of  debts,  how 
disposed  of.^ — -When  the  accounts  of  the  administrator  or  executor 
have  been  settled,  and  an  order  made  for  the  payment  of  debts  and 
distribution  of  the  estate,  no  creditor  whose  claim  was  not  included 
in  the  order  for  payment  has  any  right  to  call  upon  the  creditors 
who  have  been  paid,  or  upon  the  heirs,  devisees,  or  legatees  to  con- 
tribute to  the  payment  of  his  claim ;  but  if  the  exectuor  or  adminis- 
trator has  failed  to  give  the  notice  to  the  creditors,  as  prescribed  in 
section  1472  of  this  title,  such  creditor  may  recover  on  the  bond  of 
the  executor  or  administrator  the  amount  of  his  claim,  or  such  part 
thereof  as  he  would  have  been  entitled  to  had  it  been  allowed.  This 
section  shall  not  apply  to  any  creditor  Avhose  claim  was  not  due  ten 
months  before  the  day  of  settlement,  or  whose  claim  was  contingent 
and  did  not  become  absolute  ten  months  before  such  day. 

Ceoss-Referencei 
Failure  to  give  notice,  revocation  of  letters,  see  section  1491  of  this  title. 

1599.  Order  for  payment  of  legacies,  and  extension  of  time. — If 

the  whole  of  the  debts  have  been  paid  by  the  first  distribution,  the 
court  must  direct  the  payment  of  legacies  and  the  distribution  of 
the  estate  among  the  heirs,  legatees,  or  other  persons  entitled,  as 
provided  in  the  next  chapter;  but  if  there  be  debts  remaining  un- 
paid, or  if,  for  other  reasons,  the  estate  be  not  in  a  proper  condition 
to  be  closed,  the  court  must  give  such  extension  of  time  as  may  be 
reasonable  for  a  final  settlement  of  the  estate. 

1600.  Final  account,  when  to  be  made. — At  the  time  designated 
in  the  next  preceding  section,  or  sooner,  if  within  that  time  all  tlie 
property  of  the  estate  has  been  sold,  or  there  are  sufficient  funds  in 
his  hands  for  the  payment  of  all  the  debts  due  by  the  estate,  and  the 
estate  be  in  a  proper  condition  to  be  closed,  the  executor  or  adminis- 
trator must  render  a  final  account,  and  pray  a  settlement  of  his 
administration. 

CROSS-REFETiElNCE 

Settlement  of  accounts,  see  section  1574  of  this  title. 

1601.  Neglect  to  render  final  account,  how  treated. — If  he  neg- 
lects to  render  his  account,  the  same  proceedings  may  be  had  as 
prescribed  in  this  chapter  in  regard  to  the  first  account  to  be  rendered 
by  him;  and  all  the  provisions  of  this  chapter  relative  to  the  last- 
mentioned  account,  and  the  notice  and  settlement  thereof,  apply  to 
his  account  presented  for  final  settlement. 

Cross-Reference 
Proceedings  to  enforce  account,  see  sections  1574  to  1576  of  this  title. 

548 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1614 


CHAPTER    33.- 


-PARTITION,    DISTRIBUTION,    AND    FINAL    SETTLE- 
MENT OF  ESTATES 


Art.  Sec. 

1.  Partial  distribution  prior  to  flnal 

settlement 1611 

2.  Distributiou  on  final  settlement —  1621 

8.   Distribution  and  partition 1631 

4.   Distributiou   to  person  whose  ad- 
dress is  unknown,  etc 1651 

ARTICLE  1.— PARTIAL  DISTRIBUTION  PRIOR  TO  FINAL  SETTLEMENT 


Art.  Sec. 

5.  Agents  for  absent  Interested  par- 
ties ;  discharge  of  executor  or 
administrator 1661 

G.  Accounts  of  trustees  ;  distribution-     1671 


Sec. 

1615.  Order  for  payment  of  bond,  and  suit 

t'lereon. 

1616.  Partial  distribution  of  estates  of  de- 

ceased persons. 


See. 

1611.  Payment  of  legacies. 

1612.  Notice  of  application  for  legacies. 

1613.  Executor,  or  other  person  interested, 

may  resist  application. 

1614.  Prayer  of  applicant  granted. 

Section  1611.  Payment  of  legacies. — At  any  time  after  the  lapse 
of  four  months  from  the  issuing  of  letters  testamentary  or  of  admin- 
istration, any  heir,  devisee,  legatee  (or  his  assignee,  grantee,  or  suc- 
cessor in  interest)  may  present  his  petition  to  the  court  for  the 
legacy  or  share  of  the  estate  to  which  he  is  entitled,  or  any  portioi? 
thereof,  to  be  given  to  him  upon  his  giving  bonds,  with  security, 
for  the  payment  of  his  proportion  of  the  debts  of  the  estate. 

Cross-Refb:bences 

Payment  of  legacies,  order  of  appropriation  for,  see  title  3,  section  613. 
Proportion  of  debts  for  whicli  legacies  liable,  see  title  3,  section  626. 
Partial  distribution,  see  sections  1614  and  1616  of  this  title. 

1612.  Notice  of  application  for  legacies. — Notice  of  the  applica- 
tion must  be  given  to  the  executor  or  administrator,  personally,  and 
to  all  persons  interested  in  the  estate,  in  the  same  manner  that  notice 
is  required  to  be  given  of  the  settlement  of  the  account  of  an  executor 
or  administrator. 

Cboss-Refbrences 

Notice  of  application  for  partial  distribution,  see  section  1616  of  this  title. 
Notice  of  settlement  of  account,  see  section  1579  of  this  title. 

1613.  Executor,  or  other  person  interested,  may  resist  applica- 
tion.— The  executor  or  administrator,  or  any  person  interested  in  the 
estate,  may  appear  at  the  time  named  and  resist  the  application. 

Ckoss-References 

Any  person  interested  may  file  exceptions  to  accounts,  see  section  1581  of 
this  title. 
Any  person  interested  may  resist  application,  see  section  1816  of  this  title. 

1614.  Prayer  of  applicant  granted. — If,  at  the  hearing,  it  ap- 
pears that  the  estate  is  but  little  indebted,  and  that  the  share  of  the 
party  applying  may  be  allowed  to  him  without  loss  to  the  creditors 
of  the  estate,  the  court  must  make  an  order  in  conformity  with  the 
prayer  of  the  applicant,  requiring : 

1.  Bond. — Each  heir,  legatee,  devisee  (or  his  assignee,  grantee,  or 
successor  in  interest)  obtaining  such  order,  before  receiving  his 
share  or  any  portion  thereof,  to  execute  and  deliver  to  the  executor  or 
iidministrator,  a  bond,  in  such  sum  as  may  be  designated  by  the  court 


549 


T.  4,  §1615]  THE  CODE  OF  CIVIL  PROCEDURE 

or  judge,  with  sureties  to  be  approved  by  the  judge,  payable  to  the 
executor  or  administrator,  and  conditioned  for  the  payment,  when- 
ever required,  of  his  proportion  of  the  debts  due  from  the  estate, 
not  exceeding  the  value  or  amount  of  the  legacy  or  portion  of  the 
estate  to  which  he  is  entitled.  Where  the  time  for  filing  or  presenting 
claims  has  expired,  and  all  claims  that  have  been  allowed,  have  been 
paid,  or  are  secured  by  mortgage  upon  real  estate  sufficient  to  pay 
them,  and  the  court  is  satisfied  that  no  injury  can  result  to  the  estate, 
the  court  may  dispense  with  the  bond ; 

2.  Delrtery  of  property. — The  executor  or  administrator  to 
deliver  to  the  heir,  legatee,  devisee  (or  his  assignee,  grantee,  or  suc- 
cessor in  interest),  the  whole  portion  of  the  estate  to  which  he  may  be 
entitled,  or  only  a  part  thereof  designating  it. 

If,  in  the  execution  of  the  order,  a  partition  is  necessary  between 
two  or  more  of  the  parties  interested,  it  must  be  made  in  the  manner 
hereinafter  prescribed.  The  costs  of  these  proceedings  must  be 
paid  by  the  applicant,  or  if  there  are  more  than  one,  must  be  appor- 
tioned equally  among  them. 

Cros  s-Re:feren  ces 

Partition,  see  sections  1631  et  seq.,  of  tliis  title. 

Petition  for  partial  distribution,  see  section  1616  of  this  title. 

1615.  Order  for  payment  of  bond,  and  suit  thereon. — When  any 
bond  has  been  executed  and  delivered,  under  the  provisions  of  the 
next  preceding  section,  and  it  is  necessary  for  the  settlement  of  the 
estate  to  require  the  payment  of  any  part  of  the  money  thereby 
secured,  the  executor  or  administrator  must  petition  the  court  for  an 
order  requiring  the  payment,  and  have  a  citation  issued  and  served 
on  the  party  bound,  requiring  him  to  appear  and  show  cause  why 
the  order  should  not  be  made.  At  the  hearing,  the  court,  if  satisfied 
of  the  necessity  of  such  payment,  must  make  an  order  accordingly, 
designating  the  amount  and  giving  a  time  within  which  it  must  be 
paid.  If  the  money  is  not  paid  within  the  time  allowed,  an  action 
may  be  maintained  by  the  executor  or  administrator  on  the  bond. 

1616.  Partial   distribution   of   estates   of   deceased   persons. — 

Where  the  time  for  filing  or  presenting  claims  has  expired,  and  all 
claims  that  have  been  allowed  have  been  paid,  or  are  secured  by  a 
mortgage  upon  real  estate  sufficient  to  pay  them,  and  the  estate  is 
not  in  a  condition  to  be  finally  closed  and  distributed,  the  executor 
or  administrator,  or  coexecutor  or  coadministrator,  may  present  his 
petition  to  the  court  for  ratable  payment  of  the  legacies,  or  ratable 
distribution  of  the  estate  to  all  the  heirs,  legatees,  devisees,  or  their 
assignees,  grantees,  or  successors  in  interest.  Notice  of  such  appli- 
cation must  be  given  to  all  persons  interested  in  the  estate,  in  the 
same  manner  that  notice  is  required  to  be  given  of  the  settlement  of 
the  account  of  an  executor  or  administrator. 

Any  person  interested  in  the  estate  may  appear  at  the  time  named 
and  resist  the  application. 

Order  granted  when. — If,  at  the  hearing,  it  appears  that  the 
allegations  of  the  petition  of  said  executor,  administrator,  coexecu- 


550 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1621 


tor,  or  coadministrator,  are  true,  and  the  court  is  satisfied  that  no 
injury  can  result  to  the  estate  by  granting  the  petition,  the  court 
must  make  an  order  directing  the  executor  or  executors,  adminis- 
trator or  administrators,  as  the  case  may  be,  to  deliver  to  the  heirs, 
legatees,  devisees,  or  to  their  assigns,  grantees,  or  successors  in 
interest,  the  whole  portion  of  the  estate  to  which  they  may  ))e 
entitled  or  only  a  part  thereof,  designating  it. 

If,  in  the  execution  of  the  order,  a  partition  is  necessary  between 
two  or  more  of  the  parties  interested,  it  must  be  made  in  the  manner 
hereinafter  prescribed.  The  costs  of  the  proceedings  under  this 
section  must  be  paid  by  the  estate,  excepting  that  in  case  a  partition 
is  necessary,  the  costs  of  such  partition  must  be  apportioned  amongst 
the  parties  interested  in  such  partition. 

Cro  s  8-Referen  ces 

Notice  of  application  for  legacies,  see  section  1G12  of  this  title. 
Petition  for  partial  distribution,  see  section  1611  of  this  title. 
Bond  on  granting  application  for  partial  distribution,  see  section  1614  of 
this  title. 


ARTICLE  2.— DISTRIBUTION  ON  FINAL   SETTLEMENT 


Sec. 
1621. 


the    nature    of    an 
(letei'mine      heirship ; 


Sec. 

1625.  Petition  for  final  distribution ;  notice 
of  hearing  ;   contest ;  partition. 

1626.  Continuation  of  administration  ;  peti- 
tion  for. 

1627.  Distribution  after  death  of  heir.  etc. 


Proceedings 
action      to 
petition. 

1622.  Final  distribution  of  estate. 

1623.  What   tlie   decree  must   contain,   and 

is   final. 
1G24.  Distribution   when  decedent  was   not 
a  resident  of  the  Canal  Zone. 

1621.  Proceedings  in  the  nature  of  an  action  to  determine  heir- 
ship; petition. — In  all  estates  now  being  administered,  or  that 
may  hereafter  be  administered,  any  person  claiming  to  be  heir  to 
the  deceased,  or  entitled  to  distribution  in  whole  or  in  any  part 
of  such  estate,  may,  at  any  time  prior  to  the  decree  of  final  distri- 
bution, file  a  petition  in  the  matter  of  such  estate,  praying  the  court 
to  ascertain  and  declare  the  rights  of  all  persons  to  said  estate  and 
all  interests  therein,  and  to  whom  distribution  thereof  should  be 
made. 

Notice  to  persons  i>;terested. — Upon  the  filing  of  such  petition, 
the  court  shall  make  an  order  directing  service  of  notice  to  all 
persons  interested  in  said  estate  to  appear  and  show  cause,  on  a 
day  to  be  therein  named,  not  less  than  sixty  days  nor  over  four  months 
from  the  date  of  the  making  of  such  order,  in  which  notice  shall  be 
set  forth  the  name  of  the  deceased,  the  name  of  the  executor  or 
adminstrator  of  said  estate,  the  names  of  all  persons  who  may  have 
appeared  claiming  any  interest  in  said  estate  in  the  course  of  the 
administration  of  the  same,  up  to  the  time  of  the  making  of  said 
order,  and  such  other  persons  as  the  court  may  direct,  and  also  a 
description  of  the  real  estate  whereof  said  deceased  died  seised  or 
possessed,  so  far  as  known,  described  with  certainty  to  a  common 
intent,  and  requiring  all  said  persons,  and  all  persons  named  or  not 
named  having  or  claiming  any  interest  in  the  estate  of  said  deceased, 
at  the  time  and  place  in  said  order  specified,  to  appear  and  exhibit. 


551 


T.  4,  §1621]  THE  CODE  OF  CIVIL  PROCEDURE 

as  hereinafter  provided,  their  respective  claims  of  heirship,  owner- 
ship, or  interest  in  said  estate,  to  said  court,  which  notice  shall  be 
served  in  the  same  manner  as  a  summons  in  a  civil  action,  upon 
proof  of  which  service,  by  affidavit  or  otherwise,  to  the  satisfaction 
of  the  court,  the  court  shall  thereupon  acquire  jurisdiction  to  ascer- 
tain and  determine  the  heirship,  ownership,  and  interest  of  all 
parties  in  and  to  the  property  of  said  deceased,  and  such  determina- 
tion shall  be  final  and  conclusive  in  the  administration  of  said  estate, 
and  the  title  and  ownership  of  said  property.  The  court  shall  enter 
an  order  or  decree  establishing  proof  of  the  service  of  such  notice. 

Filing  of  appearance — default. — All  persons  appearing  within 
the  time  limited  as  aforesaid  shall  file  their  written  appearance  in 
person  or  through  their  authorized  attorney,  such  attorney  filing 
at  the  same  time  written  evidence  of  his  authority  to  so  appear, 
entry  of  which  appearance  shall  be  made  in  the  minutes  of  the  court 
and  in  the  register  of  proceedings  of  said  estate.  And  the  court 
shall,  after  the  expiration  of  the  time  limited  for  appearing  as 
aforesaid,  enter  an  order  adjudging  the  default  of  all  persons  for 
not  appearing  as  aforesaid  who  shall  not  have  appeared  as  aforesaid. 

Complaint  by  interested  persons;  filing  and  service  of  answer 
TO. — At  any  time  within  twenty  days  after  the  date  of  the  order 
or  decree  of  the  court  establishing  proof  of  the  service  of  such 
notice,  any  of  such  persons  so  appearing  may  file  his  complaint  in 
the  matter  of  the  estate,  setting  forth  the  facts  constituting  his 
claim  of  heirship,  ownership,  or  interest  in  said  estate,  with  such 
reasonable  particularity  as  the  court  may  require,  and  serve  a  copy 
of  the  same  upon  each  of  the  parties  or  attorneys  who  shall  have 
entered  their  written  appearance  as  aforesaid,  if  such  parties  or  such 
attorneys  reside  within  the  Canal  Zone;  and  in  case  any  of  them  do 
not  reside  within  the  Canal  Zone,  then  service  of  such  copy  of  said 
complaint  shall  be  made  upon  the  clerk  of  said  court  for  them,  and 
the  clerk  shall  forthwith  mail  the  same  to  the  address  of  such  party 
or  attorney  as  may  have  left  with  said  clerk  his  post  office  address. 

Proceedings  after  issues  joined. — Such  parties  are  allowed 
twenty  days  after  the  service  of  the  complaint,  as  aforesaid,  within 
which  to  plead  thereto,  and  thereafter  such  proceedings  shall  be 
had  upon  such  complaint  as  in  this  title  provided  in  case  of  an 
ordinary  civil  action ;  and  the  issues  of  law  and  of  fact  arising  in  the 
proceedings  shall  be  disposed  of  in  like  manner  as  issues  of  law  and 
fact  are  herein  provided  to  be  disposed  of  in  civil  actions;  and  the 
provisions  of  this  title  contained  regulating  the  mode  of  procedure 
for  the  trial  of  civil  actions  shall  be  applicable  thereto. 

Plaintiffs  and  defendants  in  proceedings. — The  party  filing  the 
])etition  as  aforesaid,  if  he  file  a  complaint,  and  if  not,  the  party 
first  filing  such  complaint,  shall,  in  all  subsequent  proceedings,  be 
treated  as  the  plaintiff  therein,  and  all  other  parties  so  appearing 
shall  be  treated  as  the  defendants  in  said  proceedings,  and  all  such 
defendants  shall  set  forth  in  their  respective  answers  the  facts  con- 
stituting their  claim  of  heirship,  ownership,  or  interest  in  said  estate, 
with  such  particularity  as  the  court  may  require,  and  serve  a  copy 
thereof  on  the  plaintiff. 


552 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1622 

Evidence  in  siqDport  of  all  issues  may  be  taken  orally  or  by  deposi- 
tion, in  the  same  manner  as  provided  in  civil  actions.  Notice  of  the 
taking  of  such  depositions  shall  be  served  only  upon  the  parties,  or 
the  attorneys  of  the  parties,  so  appearing  in  said  proceeding. 

Decree,  what  to  determine  ;  conclusiveness  of. — The  court  shall 
enter  a  default  of  all  persons  failing  to  appear,  or  plead,  or  prose- 
cute, or  defend  their  rights  as  aforesaid ;  and  upon  the  trial  of  the 
issues  arising  upon  the  pleadings  in  such  proceedings,  the  court 
shall  determine  the  heirship  to  said  deceased,  the  ownership  of  his 
estate,  and  the  interest  of  each  respective  claimant  thereto  or  therein, 
and  persons  entitled  to  distribution  thereof,  and  the  final  determina- 
tion of  the  court  thereupon  shall  be  final  and  conclusive  in  the  distri- 
bution of  said  estate,  and  in  regard  to  the  title  to  all  the  property 
of  the  estate  of  said  deceased. 

The  cost  of  the  proceedings  under  this  section  shall  be  apportioned 
in  the  discretion  of  the  court. 

Attorney  for  minors. — In  any  proceeding  under  this  section,  the 
court  may  appoint  an  attorney  for  any  minor  mentioned  in  said 
proceedings  not  having  a  guardian. 

Determination  of  heirship  at  final  distribution. — Nothing  in 
this  section  contained  shall  be  construed  to  exclude  the  right  upon 
final  distribution  of  any  estate  to  contest  the  question  of  heirship, 
title,  or  interest  in  the  estate  so  distributed,  where  the  same  shall  not 
have  been  determined  under  the  provisions  of  this  section;  but 
where  such  questions  shall  have  been  litigated,  under  the  provisions 
of  this  section,  the  determination  thereof  as  herein  provided  shall 
be  conclusive  in  the  distribution  of  said  estate. 

Ceoss-Refeeences 

Notice  on  final  distribution,  see  sections  1580  and  1625  of  this  title. 

New  trials  in  proceedings  under  this  section,  see  section  1689  of  this  title. 

1622.  Final  distribution  of  estate.— Upon  the  final  settlement  of 
the  accounts  of  the  executor  or  administrator,  or  at  any  subsequent 
time,  upon  the  application  of  the  executor  or  administrator,  or  of 
any  heir,  legatee,  devisee  (or  his  assignee,  grantee,  or  successor  in 
interest),  the  court  must  proceed  to  distribute  the  residue  of  the 
estate  in  the  hands  of  the  executor  or  administrator,  if  any,  among 
the  persons  who  by  law  are  entitled  thereto;  and  if  the  decedent 
has  left  a  surviving  child,  or  the  issue  of  a  deceased  child,  and  any 
of  them,  before  the  close  of  the  administration,  have  died  while 
under  age  and  not  having  been  married,  no  administration  on  such 
deceased  child's  estate  is  necessary,  but  all  the  estate  which  such 
deceased  child  was  entitled  to  by  inheritance  must,  without  adminis- 
tration, be  distributed  as  provided  in  Title  3,  The  Civil  Code.  A 
statement  of  any  receipts  and  disbursements  of  the  executor  or 
administrator,  since  the  rendition  of  his  final  account,  must  be 
reported  and  filed  at  the  time  of  making  such  distribution;  and  a 
settlement  thereof,  together  with  an  estimate  of  the  expenses  of 
closing  the  estate  must  be  made  by  the  court,  and  included  in  the 
order  or  decree,  or  the  court  or  judge  may  order  notice  of  the  settle- 


93083—34 36  553 


T.  4,  §1623]  THE  CODE  OF  CIVIL  PROCEDURE 

ment  of  such  supplementary  account,  and  refer  the  same  as  in  other 
cases  of  the  settlement  of  accounts. 

Ceoss-References 

Reference  to  settle  accounts,  see  section  15S2  of  this  title. 
Decree  to  be  made  only  after  notice,  see  section  1625  of  this  title. 
Notice  of  settlement  of  account,  see  section  1579  of  this  title. 
Distribution  of  property  of  absentee,  see  sections  1661  et  seq.,  of  this  title. 

1623.  What  the  decree  must  contain,  and  is  final. — In  the  order 
or  decree,  the  court  must  name  the  persons  and  the  proportions  or 
parts  to  which  each  shall  be  entitled,  and  such  persons  may  demand, 
sue  for,  and  recover  their  respective  shares  from  the  executor  or 
administrator,  or  any  person  having  the  same  in  possession.  Such 
order  or  decree  is  conclusive  as  to  the  rights  of  heirs,  legatees,  or 
devisees. 

Ceoss-Ret-eeences 

Subsequent  issue  of  letters  on  discovery  of  estate,  see  section  1668  of  this 
title. 

Conclusiveness  of  decree,  see  section  1641  of  this  title. 

1624.  Distribution  when  decedent  was  not  a  resident  of  the 
Canal  Zone. — Upon  application  for  distribution,  after  final  settle- 
ment of  the  accounts  of  administration,  if  the  decedent  was  a  non- 
resident of  the  Canal  Zone,  leaving  a  will  which  has  been  duly 
proved  or  allowed  in  the  State  of  his  residence,  and  an  authenticated 
copy  thereof  has  been  admitted  to  probate  in  the  Canal  Zone,  or 
if  the  decedent  died  intestate,  and  an  administrator  has  been  duly 
appointed  and  qualified  in  the  State  of  his  residence,  and  it  is  neces- 
sary, in  order  that  the  estate,  or  any  part  thereof,  may  be  distrib- 
uted according  to  the  will,  or  if  the  court  is  satisfied  that  it  is 
for  the  best  interests  of  the  estate,  that  the  estate  in  the  Canal 
Zone  should  be  delivered  to  the  executor  or  administrator  in  the  State 
or  place  of  the  decedent's  residence,  the  court  may  order  such  delivery 
to  be  made,  and,  if  necessary,  order  a  sale  of  the  real  estate,  and  a 
like  delivery  of  the  proceeds.  The  delivery,  in  accordance  with  the 
order  of  the  court,  is  a  full  discharge  of  the  executor  or  administrator 
with  the  will  annexed  or  administrator,  in  the  Canal  Zone,  in  relation 
to  all  property  embraced  in  such  order,  which  binds  and  concludes 
all  parties  in  interest.  Sales  of  real  estate,  ordered  by  virtue  of 
this  section,  must  be  made  in  the  same  manner  as  other  sales  of  real 
estate  of  decedents  by  order  of  the  court. 

Cross-Refeeence 

Sales  of  real  estate,  see  section  1509  of  this  title. 

1625.  Petition  for  final  distribution;  notice  of  hearing;  con- 
test; partition. — The  order  or  decree  may  be  made  on  the  petition 
of  the  executor  or  administrator,  or  of  any  person  interested  in  the 
estate.  "When  such  petition  is  filed  the  clerk  of  the  court  must  set 
the  petition  for  hearing  by  the  court,  and  give  notice  thereof  by 
causing  a  notice  to  be  posted  at  the  courthouse  where  the  court  is 
held,  setting  forth  the  name  of  the  estate,  the  executor  or  adminis- 
trator, and  the  time  appointed  for  the  hearing  of  the  petition.     If, 

554 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §1626 

upon  the  hearing  of  the  petition,  the  court  or  judge  deems  the  notice 
insufficient  from  any  cause,  he  may  order  such  further  notice  to  be 
given  as  may  seem  to  him  proper.  At  the  time  fixed  for  the  hearing, 
or  to  which  the  hearing  may  be  postponed,  any  person  interested  in 
the  estate  may  appear  and  contest  the  petition  by  filing  written 
objections  thereto.  If  the  partition  is  applied  for,  as  provided  in 
this  chapter,  the  decree  of  distribution  does  not  divest  the  court  of 
jurisdiction  to  order  partition,  unless  the  estate  is  finally  closed. 

Cross-Refebence 
Notice  of  petition   for  final  distribution,  see  section  1580  of  this  title. 

1626.  Continuation  of  administration;  petition  for. — In  all  cases 
where  a  decedent  shall  have  left  a  will,  in  and  by  the  terms  of  which 
the  testator  shall  have  limited  the  time  for  administration  upon  an 
estate  left  by  him,  and  the  executor,  and  all  of  the  legatees  or  de- 
visees named  in  the  will,  shall  file  and  present  to  the  court  a  petition, 
in  writing,  representing  that  it  will  be  for  the  best  interests  of  the 
estate,  and  of  the  beneficiaries  under  the  will,  to  have  the  adminis- 
tration upon  the  estate  continued  for  a  longer  period  of  time  than 
that  designated  in  such  will,  and  that  it  would  be  injurious  to  the 
estate,  and  to  such  beneficiaries,  to  have  the  administration  brought 
to  a  close  at  the  date  therefor  designated  in  the  will. 

Hearing  or  petition  and  notice  or. — The  court  shall  then  set 
a  day  for  the  hearing  of  said  petition;  and  notice  thereof  shall  be 
served  on  all  persons  interested  in  the  estate,  in  the  same  manner 
that  summons  in  civil  actions  is  served.  Upon  the  day  set  for  such 
hearing  (or  upon  some  other  day  to  which  the  hearing  may  have 
been  continued),  the  court  shall  proceed  to  hear  proofs  touching  the 
representations  made  in  such  petition — and  any  person  interested 
in  the  estate  may  also  present  counter-proofs  in  opposition  to  said 
application ; 

Decreeing  continuance  of  administration. — And  if,  upon  such 
hearing,  it  be  made  to  appear  to  the  court  that  the  representations 
made  by  the  petitioners  in  their  said  petition  contained  be  true,  the 
court  may  then,  by  its  order  and  decree  in  that  behalf,  decree  and 
direct  that  the  administration  upon  the  estate  continue  for  and 
during  such  further  period  of  time  as  in  its  judgment  will  best  sub- 
serve the  interests  of  the  estate  and  of  the  beneficiaries  under  said 
will. 

Petition  to  have  administration  closed. — Provided,  however, 
That  if,  at  any  time  during  the  period  for  which  the  administration 
upon  the  estate  shall  have  been  thus  continued,  the  executor,  or 
any  one  or  more  of  the  legatees  or  devisees,  shall  present  to  the 
court  his  or  their  petition,  representing  that  it  has  become  neces- 
sary for  the  best  interests  of  the  estate,  and  of  the  beneficiaries 
under  the  will,  to  have  the  administration  upon  the  estate  closed, 
the  court  shall  then  set  a  day  for  the  hearing  of  said  last-named 
petition;  and  notice  thereof  shall  be  given  in  the  same  manner, 
and  the  same  proceedings  be  had  thereupon,  as  shall  have  been  given 
for  and  had  upon  the  hearing  of  the  petition  asking  for  the  con- 
tinuation of  such  administrati(m.  And  if,  upon  such  hearing,  it 
shall  be  made  to  appear  to  the  court  that  the  representations  made 

555 


T.  4,  §  1627] 


THE  CODE  OF  CIVIL  PROCEDURE 


by  such  petitioners  or  petitioner  (as  the  case  may  be)  are  true,  the 
court  shall  then,  by  its  order  and  decree  in  that  behalf,  decree  and 
direct  that  the  administration  upon  the  estate  be  closed  as  soon 
thereafter  as,  under  the  circumstances,  shall  be  practicable. 

1627.  Distribution  after  death  of  heir,  etc. — If  any  heir,  legatee, 
or  devisee  of  an  estate  shall  die  before  the  distribution  to  him  of  any 
part  thereof,  then  the  property  to  which  he  might  be  entitled,  if 
living,  shall  be  and  become  a  part  of  his  estate  and  the  same  may  be 
distributed  to  the  representative  of  his  estate  for  the  purpose  of 
administration  therein,  with  the  same  effect  as  if  distributed  to  him 
if  living. 

ARTICLE  3.— DISTRIBUTION  AND  PARTITION 


Sec. 

1631.  Estate  in  common  ;  commissioners. 

1632.  Partition  and  notice  thereof,  and  tlie 

time  of  tiling  petition. 
163.3.   Partiticm     may     be    made,    althougli 
some  of  tlie  heirs,  etc.,  liave  parted 
with  their  interest. 

1634.  Shares   to   be   set   out   by   metes   and 

bounds. 

1635.  Whole  estate  may  be  assigned  to  one, 

in    certain    cases. 


See. 

1636.  Payments   for   equality   of   partition, 

by  whom  and  how. 

1637.  Estate   may   be   sold. 

1638.  To    give    notice    to    all    persons    and 

guardians   before  partition ;   duties 
of  commissioners. 

1639.  To  make  report ;  setting  aside  report. 

1640.  When   commissioners   to   make   parti- 

tions are  not  necessary. 

1641.  Advancements   made  to   heirs. 


1631.  Estate  in  common;  commissioners. — When  the  estate,  real 
or  personal,  assigned  by  the  decree  of  distribution  to  two  or  more 
heirs,  devisees,  or  legatees,  is  in  common  and  undivided,  and  the  re- 
spective shares  are  not  separated  and  distinguished,  partition  or  dis- 
tribution may  be  made  by  three  disinterested  persons,  to  be  appointed 
commissioners  for  that  purpose  by  the  court,  who  must  be  duly 
sworn  to  the  faithful  discharge  of  their  duties,  a  certified  copy  of 
the  order  of  their  appointment,  and  of  the  order  or  decree  assigning 
and  distributing  the  estate,  must  be  issued  to  them  as  their  warrant, 
and  their  oath  must  be  indorsed  thereon.  Upon  consent  of  the  par- 
ties, or  when  the  court  deems  it  proper  and  just,  it  is  sufficient  to 
appoint  one  commissioner  only,  who  has  the  same  authority  and  is 
governed  by  the  same  rules  as  if  three  were  appointed. 

1632.  Partition  and  notice  thereof,  and  the  time  of  filing  peti- 
tion.— Such  partition  may  be  ordered  and  had  in  the  district  court 
on  the  petition  of  any  person  interested.  But  before  commissioners 
are  appointed,  or  partition  ordered  by  the  court  as  directed  in  this 
chapter,  notice  thereof  must  be  given  to  all  persons  interested  who 
reside  in  the  Canal  Zone,  or  to  their  guaraclians,  and  to  the  agents, 
attorneys,  or  guardians,  if  an}^  in  the  Canal  Zone,  of  such  as  reside 
out  of  the  Canal  Zone,  either  personally  or  by  public  notice,  as  the 
court  may  direct.  The  petition  may  be  filed,  attorneys,  guardians, 
and  agents  appointed,  and  notice  given  at  any  time  before  the  order 
or  decree  of  distribution,  but  the  commissioners  must  not  be  ap- 
pointed until  the  order  or  decree  is  made  distributing  the  estate. 

CROSS-REiERENCES 

Distribution  and  partition  of  estate,  see  section  1580  of  this  title. 
Notice  of  partition,  see  section  1G38  of  this  title. 

1633.  Partition  may  be  made,  although  some  of  the  heirs,  etc., 
have  parted  with  their  interest. — Partition  or  distribution  of  the 


556 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1637 

estate  may  be  made  as  provided  in  this  chapter,  although  some  of 
the  original  heirs,  legatees,  or  devisees  may  have  conveyed  their 
shares  to  other  persons,  and  such  shares  must  be  assigned  to  the 
person  holding  the  same,  in  the  same  manner  as  they  otherwise 
AYould  have  been  to  such  heirs,  legatees,  or  devisees. 

1634.  Shares  to  be  set  out  by  metes  and  bounds. — When  both 
distribution  and  partition  are  made,  the  several  shares  in  the  real 
and  personal  estate  must  be  set  out  to  each  individual  in  propor- 
tion to  his  right,  by  metes  and  bounds,  or  description,  so  that  the 
same  can  be  easily  distinguished,  unless  two  or  more  of  the  parties 
interested  consent  to  have  their  shares  set  out  so  as  to  be  held  by 
them  in  common  and  undivided. 

1635.  Wliole  estate  may  be  assigned  to  one,  in  certain  cases. — 

When  the  real  estate  cannot  be  divided  without  prejudice  or  incon- 
venience to  the  owners,  the  court  may  assign  the  whole  to  one  or 
more  of  the  parties  entitled  to  share  therein,  who  will  accept  it, 
always  preferring  the  males  to  the  females,  and,  among  children, 
preferring  the  elder  to  the  younger.  The  parties  accepting  the  whole 
must  pay  to  the  other  parties  interested  their  just  proportion  of  the 
true  value  thereof,  or  secure  the  same  to  their  satisfaction,  or  in 
case  of  the  minority  of  such  party,  then  to  the  satisfaction  of  his 
guardian ;  and  the  true  value  of  the  estate  must  be  ascertained  and 
reported  by  the  commissioners.  When  the  commissioners  appointed 
to  make  partition  are  of  the  opinion  that  the  real  estate  cannot 
be  divided  without  prejudice  or  inconvenience  to  the  owners,  they 
must  so  report  to  the  court  and  recommend  that  the  whole  be 
assigned  as  herein  provided,  and  must  find  and  report  the  true  value 
of  such  real  estate.  On  filing  the  report  of  the  commissioners,  and 
on  making  or  securing  the  payment  as  before  provided,  the  court, 
if  it  appears  just  and  proper,  must  confirm  the  report,  and  thereupon 
the  assignment  is  complete,  and  the  title  to  the  whole  of  such  real 
estate  vests  in  the  person  to  whom  the  same  is  so  assigned. 

Ceoss-Refebencb 

Proceedings  on  reports,  see  section  1639  of  this  title. 

1636.  Payments  for  equality  of  partition,  by  whom  and  how. — 

When  any  tract  of  land  or  tenement  is  of  greater  value  than  any 
one's  share  in  the  estate  to  be  divided,  and  cannot  be  divided  without 
injury  to  the  same,  it  may  be  set  off  by  the  commissioners  appointed 
to  make  partition  to  any  of  the  parties  who  will  accept  it,  giving 
preference  as  prescribed  in  the  next  preceding  section.  The  party 
accepting  must  pay  or  secure  to  the  others  such  sums  as  the  commis- 
sioners shall  award  to  make  the  partition  equal,  and  the  commis- 
sioners must  make  their  award  accordingl57^ ;  but  such  partition  must 
not  be  established  by  the  court  until  the  sums  awarded  are  paid  to 
the  parties  entitled  to  the  same,  or  secured  to  their  satisfaction. 

1637.  Estate  may  be  sold. — When  it  appears  to  the  court,  from 
the  commissioners'  report,  that  it  cannot  otherwise  be  fairly  divided 
and  should  be  sold,  the  court  may  order  the  sale  of  the  wdiole  or 
any  part  of  the  estate,  real  or  personal,  by  the  executor  or  adminis- 

557 


T.  4,  §1638]  TffE  CODE  OF  CIVIL  PROCEDURE 

trator,  or  by  a  commissioner  appointed  for  that  purpose,  and  the 
proceeds  distributed.  The  sale  must  be  conducted,  reported,  and 
confirmed  in  the  same  manner  and  under  the  same  requirements  pro- 
vided in  chapter  29  of  this  title. 

Ceoss-Refekence 

For  chapter  29,  see  sections  1501  et  seq.,  of  this  title. 

1638.  To  give  notice  to  all  persons  and  guardians  before  parti- 
tion; duties  of  commissioners. — Before  any  partition  is  made  or 
any  estate  divided,  as  provided  in  this  chapter,  notice  must  be  given 
to  all  persons  interested  in  the  partition,  their  guardians,  agents, 
or  attorneys,  by  the  commissioners,  of  the  time  and  place  when  and 
where  they  shall  proceed  to  make  partition.  The  commissioners  may 
take  testimony,  order  surveys,  and  take  such  other  steps  as  may  be 
necessary  to  enable  them  to  form  a  judgment  upon  the  matters 
before  them. 

Cros  s-References 

Notice  of  partition,  see  section  1632  of  this  title. 

Notice  of  partition  and  distribution,  see  section  1580  of  this  title. 

1639.  To  make  report;  setting  aside  report. — The  commissioners 
must  report  their  proceedings,  and  the  partition  agreed  upon  by 
them,  to  the  court,  in  writing,  and  the  court  may,  for  sufficient  rea- 
sons, set  aside  the  report  and  commit  the  same  to  the  same  commis- 
sioners, or  appoint  others ;  and  when  such  report  is  finally  confirmed 
a  certified  copy  of  the  judgment,  or  decree  of  partition  made  thereon, 
attested  by  the  clerk  under  the  seal  of  the  court,  must  be  recorded 
in  the  office  of  the  registrar  of  property. 

Cross-Refeiuence 
Proceedings  on  report,  see  section  1635  of  this  title. 

1640.  When  commissioners  to  make  partition  are  not  neces- 
sary.— When  the  court  makes  a  judgment  or  decree  assigning  the 
residue  of  any  estate  to  one  or  more  persons  entitled  to  the  same,  it 
is  not  necessary  to  appoint  commissioners  to  make  partition  or  dis- 
tribution thereof,  unless  the  parties  to  whom  the  assignment  is  de- 
creed, or  some  of  them,  request  that  such  partition  be  made. 

1641.  Advancements  made  to  heirs. — All  questions  as  to  ad- 
vancements made,  or  alleged  to  have  been  made,  by  the  decedent 
to  his  heirs,  may  be  heard  and  determined  by  the  court,  and  must 
be  specified  in  the  decree  assigning  and  distributing  the  estate;  and 
the  final  judgment  or  decree  of  the  court  is  binding  on  all  parties 
interested  in  the  estate. 

Cross-Reference 

Conclusiveness  of  decree,  see  section  1623  of  this  title. 

ARTICLE    4.— DISTRIBUTION    TO    PERSON    WHOSE    ADDRESS    IS    UN- 
KNOWN, ETC. 

1651.  Distribution  of  estate  to  person  whose  address  is  un- 
known, etc. — When  any  estate  is  distributed  by  the  judgment  or 

558 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1663 


decree  of  the  court  or  judge,  as  provided  in  this  chapter,  to  a  dis- 
tributee who  cannot  be  found  and  his  or  her  place  of  residence  is 
unknown,  or  to  a  distributee  who  refuses  to  accept  the  same  or  to 
give  a  proper  voucher  therefor,  or  to  a  minor  or  incompetent  person, 
who  has  no  lawful  guardian  to  receive  the  same,  or  person  authorized 
to  receipt  therefor,  the  portion  of  said  estate  consisting  of  money 
shall  be  paid  to  and  deposited  with  the  collector  of  the  Panama 
Canal,  who  shall  give  a  receipt  for  the  same,  and  shall  be  liable  on 
his  official  bond  therefor;  and  said  receipt  shall  be  deemed  and 
received  by  the  court  or  judge  as  a  voucher  in  favor  of  said  executor 
or  administrator,  with  the  same  force  and  effect  as  if  executed  by  the 
distributee  thereof.  And  this  section  shall  be  applicable  to  any  and 
all  estates  now  pending  in  which  a  final  decree  of  discharge  has  not 
been  granted. 

Any  person  claiming  to  be  entitled  to  any  amount  so  deposited 
with  the  collector,  may,  within  five  years  after  such  deposit,  petition 
the  court  or  judge  for  an  order  directing  payment  to  the  said  dis- 
tributee. A  copy  of  such  petition  shall  be  served  on  the  collector 
and  thereafter  no  such  amount  shall  be  covered  into  the  Treasury  of 
the  United  States,  as  hereinafter  directed,  until  so  ordered  by  the 
court. 

If  no  one  claims  the  amount,  as  herein  provided,  or  if  a  claim  be 
made  and  disallowed  and  the  court  so  directs,  such  amount  devolves 
to  the  United  States  and  shall  be  covered  into  the  Treasury  by  the 
collector  as  miscellaneous  receipts. 


ARTICLE  5.— AGENTS   FOR  ABSENT   INTERESTED   PARTIES 
CHARGE    OF    EXECUTOR   OR   ADMINISTRATOR 


DIS- 


Soc. 
1661. 

1662. 

1663. 
1664. 


Court  may  appoint  agent  to  take 
possession    for   absentees. 

Agent  to  give  bond,  and  liis  com- 
pensation. 

Unclaimed  estate,  how  disposed  of. 

WJien  real  and  personal  property  of 
absentee   to   be   sold. 


Sec. 

1665.  Liability  of  agent  on  his  bond. 

1666.  Certificate  to  claimant. 

1667.  Final    settlement,    decree,    and    dis- 

charge. 

1668.  Discovery   of  property. 


1661.  Court  may  appoint  agent  to  take  possession  for  absen* 
tees. — When  any  estate  is  assigned  or  distributed,  by  a  judgment  or 
decree  of  the  court,  as  provided  in  this  chapter,  to  any  person  resid- 
ing out  of,  and  having  no  agent  in  the  Canal  Zone,  and  it  is  necessary 
that  some  person  should  be  authorized  to  take  possession  and  charge 
of  the  same  for  the  benefit  of  such  absent  person,  the  court  may 
appoint  an  agent  for  that  purpose  and  authorize  him  to  take  charge 
of  such  estate,  as  well  as  to  act  for  such  absent  person  in  the 
distribution. 

1662.  Agent  to  give  bond,  and  his  compensation. — The  agent 

must  execute  a  bond  to  the  Government  of  the  Canal  Zone,  to  be 
approved  by  the  court  or  judge,  conditioned  that  he  shall  faithfully 
manage  and  account  for  the  estate.  The  court  appointing  such 
agent  may  allow  a  reasonable  sum  out  of  the  profits  of  the  estate  for 
his  services  and  expenses. 

1663.  Unclaimed  estate,  how  disposed  of. — Wlien  personal  prop- 
erty remains  in  the  hands  of  the  agent  unclaimed  for  a  year  and 
it  appears  to  the  court  that  it  is  for  the  benefit  of  those  interested, 


559 


T.  4,  §  1664]  THE  CODE  OF  CIVIL  PROCEDURE 

it  shall  be  sold  under  the  order  of  the  court,  and  the  proceeds  after 
deducting  the  expenses  of  the  sale,  allowed  by  the  court,  must  be 
paid  to  the  collector  of  the  Panama  Canal.  When  the  payment  is 
made,  the  agent  must  take  from  the  collector  a  receipt,  which  he 
must  file  in  the  court.  Where  any  agent  has  money  in  his  hands  as 
such  agent,  and  it  appears  to  the  court  upon  the  settlement  of  his 
account  as  such  agent  that  the  balance  remaining  in  his  hands  should 
be  j)aid  to  the  collector,  the  court  may  direct  such  paj'ment  and 
upon  such  agent  filing  the  proper  receipt  showing  such  payment,  the 
court  shall  enter  an  order  discharging  such  agent  and  his  sureties 
from  all  liability  therefor.  All  such  funds  shall  be  held  and  dis- 
posed of  by  the  collector  in  the  manner  provided  in  section  1651  of 
this  title. 

Cross-Reference 

Unclaimed  property,  see  sections  1181  to  1185  of  this  title. 

1664.  When  real  and  personal  property  of  absentee  to  be  sold. — 

The  agent  must  render  to  tlie  court  appointing  him,  annually,  an 
account,  showing : 

1.  The  value  and  character  of  the  property  received  by  him,  what 
portion  thereof  is  still  on  hand,  what  sold,  and  for  what. 

2.  The  income  derived  therefrom. 

3.  Expenses  incurred  in  the  care,  protection,  and  management 
thereof,  and  whether  paid  or  unpaid.  When  filed  the  court  may 
examine  witnesses  and  take  proofs  in  regard  to  the  account;  and  if 
satisfied  from  such  accounts  and  proofs  that  it  will  be  for  the  benefit 
and  advantage  of  the  persons  interested  therein,  the  court,  ma}',  by 
order,  direct  sale  to  be  made  of  the  whole  or  such  parts  of  the  real 
or  personal  property  as  shall  appear  to  be  proper,  and  the  purchase 
money  to  be  deposited  with  the  collector. 

1665.  Liability  of  agent  on  his  bond. — The  agent  is  liable  on  his 
bond  for  the  care  and  preservation  of  the  estate  while  in  his  hands, 
and  for  the  payment  of  the  proceeds  of  the  sale  as  required  in  the 
preceding  sections,  and  may  be  sued  thereon  by  any  pei*son  interested, 

1666.  Certificate  to  claimant. — When  any  person  appears  and 
claims  the  money  paid  to  the  collector  of  the  Panama  Canal,  the 
court  making  the  distribution  must  inquire  into  such  claim,  and 
being  first  satisfied  of  his  right  thereto,  must  grant  him  a  certificate 
to  that  effect,  under  its  seal ;  and  upon  the  presentation  of  the  certifi- 
cate to  him,  the  auditor  must  draw  his  warrant  on  the  collector  for 
the  amount. 

1667.  Final  settlement,  decree,  and  discharge. — When  the  estate 
has  been  fully  administered,  and  it  is  shown  by  the  executor  or 
administrator,  by  the  production  of  satisfactory  vouchers,  that  he 
has  paid  all  sums  of  money  due  from  him,  and  delivered  up,  under 
the  order  of  the  court,  all  the  property  of  the  estate  to  the  parties 
entitled,  and  performed  all  the  acts  hiwfully  required  of  him,  the 
court  must  make  a  judgment  or  decree  discharging  him  from  all 
liability  to  be  incurred  thereafter. 

1668.  Discovery  of  property. — The  final  settlement  of  an  estate, 
as  in  this  chapter  provided,  shall  not  prevent  a  subsequent  issue  of 

560 


TEE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §  1673 

letters  testamentary  or  of  administration,  or  of  administration  with 
the  will  annexed,  if  other  property  of  the  estate  be  discovered,  or  if 
it  become  necessary  or  proper  for  any  cause  that  letters  should  be 
again  issued. 

ARTICLE  G.— ACCOUNTS   OF  TRUSTEES;   DISTRIBUTION 


Sec. 

1671.  District  court  not  to  lose  jurisdiction 

by    final    ilistributiou. 

1672.  Compensation  of  trustees. 


Sec. 

1673.  Trustee  may  decline  to  act. 

1674.  Jurisdiction. 


1671.  District  court  not  to  lose  jurisdiction  by  final  distribu- 
tion.— Where  any  trust  has  been  created  by  or  under  any  will  to 
continue  after  distribution,  the  district  court  shall  not  lose  juris- 
diction of  the  estate  by  final  distribution,  but  shall  retain  jurisdiction 
thereof  for  the  purpose  of  the  settlement  of  accounts  under  the  trusts. 

Accounting  by  trustee. — And  any  trustee  created  by  an}^  will, 
or  appointed  to  execute  anj^  trust  created  by  any  will,  may,  from 
time  to  time,  pending  the  execution  of  his  trust,  or  may,  at  the  termi- 
nation thereof,  render  and  pray  for  the  settlement  of  his  accounts 
as  such  trustee,  before  the  court  in  which  the  will  was  probated,  and 
in  the  manner  provided  for  the  settlement  of  the  accounts  of  execu- 
tors and  administrators.  The  trustee  or,  in  case  of  his  death,  his 
legal  representatives,  shall,  for  that  purpose,  present  to  the  court 
his  verified  petition,  setting  forth  his  accounts  in  detail,  with  a 
report  showing  condition  of  trust  estate,  together  with  a  verified 
statement  of  said  trustee,  giving  the  names  and  post  office  addresses, 
if  known,  of  the  cestuis  que  trust,  and  upon  the  filing  thereof,  the 
clerk  shall  fix  a  day  for  the  hearing,  and  give  notice  thereof  of  not 
less  than  ten  days,  by  causing  notices  to  be  posted  in  at  least  three 
public  places  in  the  Canal  Zone,  setting  forth  the  name  of  the  trust 
estate,  the  trustee,  and  the  day  appointed  for  the  settlement  of  the 
account.  The  court  or  judge  may  order  such  further  notice  to  be 
given  as  may  be  proper.  Such  trustee  may,  in  the  discretion  of  the 
court,  upon  application  of  any  beneficiary  of  the  trust,  or  the  guard- 
ian of  such  beneficiary,  be  ordered  to  appear  and  render  his  account, 
after  being  cited  by  service  of  citation,  as  provided  for  the  service 
of  summons  in  civil  cases,  and  such  application  shall  not  be  denied 
where  no  account  has  been  rendered  to  the  court  within  six  months 
prior  to  such  application.  Upon  the  filing  of  the  account  so  ordered, 
the  same  proceedings  for  the  hearing  and  settlement  thereof  shall  be 
had  as  hereinabove  provided. 

1672.  Compensation  of  trustees. — On  all  such  accountings  the 
court  shall  allow  the  trustee  or  trustees  the  proper  expenses  and  such 
compensation  for  services  as  the  court  may  adjudge  to  be  just  and 
reasonable,  and  shall  apportion  such  compensation  among  the 
trustees  according  to  the  services  rendered  by  them  respectively,  and 
may  in  its  discretion  fix  a  yearly  compensation  for  the  trustee  or 
trustees  to  continue  as  long  as  the  court  may  judge  proper, 

1673.  Trustee  may  decline  to  act. — Any  person  named  or  desig- 
nated as  a  trustee  in  any  will  which  has  been  or  shall  hereafter  be 
admitted  to  probate  in  the  Canal  Zone  may,  at  any  time  before 
final  distribution,  decline  to  act  as  such  trustee,  and  an  order  of 

561 


T.  4,  §  1674] 


THE  CODE  OF  CIVIL  PROCEDURE 


court  shall  thereupon  be  made  accepting  such  resignation;  but  the 
declination  of  any  such  person  who  has  qualified  as  trustee  shall  not 
be  accepted  by  the  court,  unless  the  same  shall  be  in  writing  and  filed 
in  the  matter  of  the  estate  in  the  court  in  which  the  administration 
is  pending,  and  such  notice  shall  be  given  thereof  as  is  required  upon 
a  petition  praying  for  letters  of  administration. 

Appointment  to  vacancy. — The  court  in  which  the  administration 
is  pending  shall  have  power  at  any  time  before  final  distribution 
to  appoint  some  fit  and  proper  person  to  fill  any  vacancy  in  the  ojffice 
of  trustee  under  the  will,  whether  resulting  from  such  declination, 
removal,  or  otherwise;  provided,  it  shall  be  required  by  law  or  neces- 
sary to  carry  out  the  trust  created  by  the  will,  that  such  vacancy 
shall  be  filled;  and  every  person  so  appointed  shall,  before  acting 
as  trustee,  give  a  bond  such  as  is  required  by  section  1352  of  this 
title,  of  a  person  to  whom  letters  of  administration  are  directed  to 
issue.  Such  appointment  may  be  made  by  the  judge  upon  the  written 
application  of  any  person  interested  in  the  trust  filed  in  the  probate 
proceedings,  and  shall  only  be  made  after  notice  to  all  parties  in- 
terested in  the  trust,  given  in  the  same  manner  as  notice  is  required 
to  be  given  of  the  hearing  upon  the  petition  for  the  probate  of  a 
will.  In  each  of  the  preceding  cases  the  court  may  order  such 
further  notice  as  shall  seem  necessary. 

In  accepting  a  declination  under  the  provisions  of  this  section, 
the  court  may  make  and  enforce  any  order  which  may  be  necessary 
for  the  preservation  of  the  estate. 

1674.  Jurisdiction. — The  provisions  of  the  next  preceding  section 
shall  apply  in  all  cases  where  a  final  decree  of  distribution  has  not 
been  made;  but  the  jurisdiction  given  by  that  section  shall  not 
exclude,  in  cases  to  which  it  applies,  the  jurisdiction  now  possessed 
by  the  district  court. 

CHAPTER  34.— ORDERS,  DECREES,  PROCESS,  MINUTES,  RECORDS, 
AND  TRIALS  IN  PROBATE  PROCEEDINGS 


Sec. 

1681.  Orders   and   decrees   in   probate   pro- 

ceedings. 

1682.  How  often  publication  to  be  made. 

1683.  Citation,  how  directed,   and   what  to 

contain. 

1684.  Citation,    how    issued. 

1685.  Citation,   how   served. 

1686.  Per.sonal   notice   given   by   citation. 

1687.  Citation  to  be  served  five  days  before 

return. 

1688.  Rules  of  practice  generally. 

1689.  New  trials  in  probate  proceedings. 
16'J0.  Issues  joined  in  probate  prc'eedings, 

how  tried  and  disposed  of. 


Sec. 

1691.  Court    must    try    issues   joined    when 

no  jury  is  demanded  ;  court  must 
settle  and  frame  jssues  when  jury 
called. 

1692.  Costs,     by     whom     paid     in     certain 

cases. 

1693.  Executor,    and    so    forth,    to    be    re- 

moved when  committed  for  con- 
tempt,  and   another   appointed. 

1694.  Service    of    process,     and    so    forth, 

upon   gruardian. 

1695.  Establishment    of   identity    of   heirs. 


Section    1681.  Orders   and   decrees   in   probate  proceedings.— 

Orders  and  decrees  made  by  the  court  or  judge,  in  probate  proceed- 
ings, need  not  recite  the  existence  of  facts,  or  the  performance  of 
acts,  upon  which  the  jurisdiction  of  the  court  or  judge  may  depend, 
but  it  shall  only  be  necessary  that  they  contain  the  matters  ordered, 
or  adjudged,  except  as  otherwise  provided  in  chapters  23  to  36  of 
this  title.    All  orders  and  decrees  of  the  court  or  judge  must  be 


682 


THE  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §  1689 

entered  at  length  in  the  minute  book  of  the  court  or  must  be  signed 
by  the  judge  and  filed;  but  decrees  of  distribution  must  always  be 
so  entered  at  length. 

1682.  How  often  publication  to  be  made. — When  any  publication 
is  ordered,  such  publication  must  be  made  daily,  or  otherwise  as  often 
during  the  prescribed  period  as  the  paper  is  regularly  issued,  unless 
otherwise  provided  in  chapters  23  to  36  of  this  title.  The  court  or 
judge  may,  however,  order  a  less  number  of  publications  during  the 
period. 

Cboss-Reiteren  ce 

Affidavit  of  publication,  see  sections  2072  and  2073  of  this  title. 

1683.  Citation,  hovr  directed,  and  what  to  contain. — Citations 
must  be  directed  to  the  person  to  be  cited,  signed  by  the  clerk,  and 
issued  under  the  seal  of  the  court,  and  must  contain : 

1.  The  title  of  the  proceeding; 

2.  A  brief  statement  of  the  nature  of  the  proceeding; 

3.  A  direction  that  the  person  cited  appear  at  a  time  and  place 
specified. 

1684.  Citation,  how  issued. — The  citation  may  be  issued  by  the 
clerk  upon  the  application  of  any  party,  without  an  order  of  the 
judge,  except  in  cases  in  which  such  order  is  by  the  provisions  of 
chapters  23  to  36  of  this  title  expressly  required. 

1685.  Citation,  how  served. — The  citation  must  be  served  in  the 
same  manner  as  a  summons  in  a  civil  action. 

Cboss-References 

Service  of  summons,  see  section  165  of  this  title. 

Time  for  service  of  citation,  see  section  16S7  of  this  title. 

1686.  Personal  notice  given  by  citation. — When  personal  notice 
is  required,  and  no  mode  of  giving  it  is  prescribed  in  chapters  23  to 
36  of  this  title,  it  must  be  given  by  citation. 

1687.  Citation  to  be  served  five  days  before  return. — When  no 
other  time  is  specially  prescribed  in  chapters  23  to  36  of  this  title, 
citations  must  be  served  at  least  five  days  before  the  return-day 
thereof. 

1688.  Rules  of  practice  generally. — Except  as  otherwise  provided 
in  chapters  23  to  36  of  this  title  the  provisions  of  chapters  4  to  16  of 
this  title  are  applicable  to  and  constitute  the  rules  of  practice  in  the 
proceedings  mentioned  in  said  chapters  23  to  36. 


I 


Cbos  8-Refeben  ce 
Rules  of  practice,  see  sections  71  et  seq.,  of  this  title. 


1689.  New  trials  in  probate  proceedings. — The  provisions  of 
chapters  4  to  16  of  this  title,  relative  to  new  trials,  except  insofar 
as  they  are  inconsistent  with  the  provisions  of  chapters  23  to  36  of 
this  title,  apply  to  the  proceedings  mentioned  in  said  chapters  23 
to  36 :  Provided^  That  hereafter  a  motion  for  a  new  trial  in  probate 
proceedings  can  be  made  only  in  cases  of  contests  of  wills,  either 

563 


T.  4,  §1690]  THE  CODE  OF  CIVIL  PROCEDURE 

before  or  after  probate,  in  proceedings  under  section  1621  of  this 
title  and  in  those  cases  where  the  issues  of  fact,  of  which  a  new  trial 
is  sought,  were  tried  by  a  jur}^  or  were  of  such  character  as  to  en- 
title the  parties  to  have  them  tried  by  a  jury  whether  or  not  they  Avere 

so  tried. 

Ckoss-Refebence 

New  trials,  see  sections  531  et  seq.,  of  this  title. 

1690.  Issues  joined  in  probate  proceedings,  how  tried  and  dis- 
posed of. — All  issues  of  fact  joined  in  probate  proceedings  must  be 
tried  in  conformity  with  the  requirements  of  sections  1231  to  1237 
of  this  title,  and  in  all  such  proceedings  the  party  affirming  is 
plaintiff,  and  the  one  denying  or  avoiding  is  defendant.  Judgments 
therein,  on  the  issue  joined,  as  well  as  for  costs,  may  be  entered  and 
enforced  by  execution  or  otherwise  by  the  court  as  in  civil  actions. 

Okoss-Referencb 

Trial  of  issues,  see  section  1691  of  this  title. 

1691.  Court  must  try  issues  joined  when  no  jury  is  demanded; 
court  must  settle  and  frame  issues  when  jury  called. — If  no  jury 
IS  demanded,  the  court  must  try  the  issues  joined,  and  sign  and  file 
its  decision  in  writing,  as  provided  in  sections  501  and  502  of  this 
title. 

If,  on  written  demand,  a  jury  is  called  by  either  party,  and  the 
issues  are  not  sufficiently  made  up  by  the  written  pleadings  on  file, 
the  court,  on  due  notice  to  the  opposite  part}^,  must  settle  and  frame 
the  issues  to  be  tried,  and  submit  the  same,  together  with  the  evi- 
dence of  each  party,  to  the  jury,  on  which  they  must  render  a  verdict. 
Either  party  may  move  for  a  new  trial,  upon  the  same  grounds  and 
errors,  and  in  like  manner,  as  provided  in  this  title  for  civil  actions. 

Ckoss-Rekeeence 
New  trials,  see  section  16S9  of  this  title. 

1692.  Costs,  by  whom  paid  in  certain  cases. — AVhen  it  is  not 
otherwise  prescribed  in  chapter  23  to  36  of  this  title,  the  district 
court,  ma}',  in  its  discretion,  order  costs  to  be  paid  by  any  party  to 
the  proceedings,  or  out  of  the  assets  of  the  estate,  as  justice  may 
require.     Execution  for  the  costs  may  issue  out  of  the  district  court. 

Cross-Refebence 
Costs,  against  executor  or  administrator,  see  section  1489  of  this  title. 

1693.  Executor,  etc.,  to  be  removed  when  committed  for  con- 
tempt, and  another  appointed. — Whenever  an  executor,  adminis- 
trator, or  guardian  is  conunitted  for  contempt  in  disobe^ang  any 
lawful  order  of  the  court  or  judge,  and  has  remained  in  custody  for 
thirty  days  without  obeying  such  order,  or  purging  himself  other- 
wise of  the  contempt,  the  court  may,  by  order  reciting  the  facts,  and 
without  further  showing  or  notice  revoke  his  letters  and  appoint 
some  other  person  entitled  thereto  executor,  administrate,  or  guaid- 
ian  in  his  stead. 

564 


TSE  CODE  OF  CIVIL  PROCEDURE  [*.  4, 1 169S 

1694.  Service  of  process,  etc.,  upon  guardian. — Whenever  an  in- 
fant, insane,  or  incompetent  person  has  a  guardian  of  his  estate 
residing  in  the  Canal  Zone,  personal  service  upon  the  guardian  of 
any  process,  notice,  or  order  of  the  court  concerning  the  estate  of  a 
deceased  person  in  which  the  ward  is  interested,  is  equivalent  to 
service  upon  the  ward,  and  it  is  the  duty  of  the  guardian  to  attend 
to  the  interests  of  the  ward  in  the  matter.  Such  guardian  may  also 
appear  for  his  ward  and  waive  any  process,  notice,  or  order  to  show 
cause  which  an  adult  or  a  person  of  sound  mind  might  do. 

CROSS-RElf'EBENCE 

Service  of  summons  on  jniuor,  see  soctiuu  166  ol'  this  title. 

1695.  Establishment  of  identity  of  heirs. — In  every  case  where 
title  to  real  or  personal  property,  or  any  interest  therein,  shall  have 
vested  or  ma}^  hereafter  become  vested,  other  than  by  the  laws  of 
succession,  in  the  heirs,  heirs  of  the  body,  issue,  or  children  of  any 
person,  without  other  description  or  means  of  identification  of  the 
persons  embraced  in  such  description,  any  person  interested  in  such 
property  as  such  heir,  heir  of  the  body,  issue,  or  child,  or  the  suc- 
cessor in  interest  of  any  such  heir,  heir  of  the  body,  issue,  or  child, 
or  the  legal  representatives  of  any  of  such  persons  or  of  their  said 
successors  in  interest,  may  tile  a  verified  petition  in  the  district  court 
in  and  for  the  division  wherein  said  property  or  any  part  thereof  is 
situate,  setting  forth  briefly  the  deraignment  of  title  of  petitioner, 
a  description  of  the  property  affected,  and  the  names,  ages,  and 
residences,  if  known,  of  the  heirs,  heirs  of  the  body,  issue,  or  children 
whose  identity  is  sought  to  be  determined  (or  if  any  of  the  same 
is  dead  or  if  the  residence  of  any  of  the  same  is  unknown,  such  facts 
shall  be  stated)  and  a  request  that  a  decree  be  entered  in  said  court 
determining  and  establishing  the  identity  of  the  persons  embraced 
in  such  general  description. 

Notice  of  the  time  and  place  for  the  hearing  of  said  petition  must 
be  given  by  the  clerk  by  posting  notices  thereof  in  three  or  more 
public  places  in  the  Canal  Zone  at  least  ten  days  prior  to  the  date 
fixed  by  the  clerk  for  said  hearing. 

Who  may  contest  petition. — At  any  time  before  the  date  fixed 
for  such  hearing  any  person  interested  in  said  property  may  answer 
said  petition  and  deny  any  of  the  matters  contained  therein. 

Hearing  and  decree. — At  the  time  fixed  for  such  hearing  or  such 
time  thereafter  as  may  be  fixed  by  the  court,  the  court  must  hear 
the  proofs  offered  by  the  petitioner,  and  of  any  person  answering 
the  same  and  must  make  a  decree  conformable  to  the  proofs.  Such 
decree  shall  have  the  same  force  and  effect  as  decrees  entered  in 
accordance  with  the  provisions  of  chapters  23  to  36  of  this  title. 


565 


T.  4,  §  1701] 


T3E  CODE  OF  CIVIL  PROCEDURE 


CHAPTER  35.— PUBLIC  ADMINISTRATOR 


Sec. 
1701 
1702 


1703 
1704 
1705 


1709. 


Sec. 

1711.  Civil  officers  to  give  notice  of  waste 
to   public   administrator. 

1712.  Suits  fur  property  of  decedents. 

1713.  Order  on  public  administrator  to  ac- 
count. 

1714.  Not  to  be  interested  in  the  payments 
for  or  on  account  of  the  estates 
in  his  hands. 

1715.  Commissions  of  public  administrator. 

1716.  Public  administrator  to  administer 
oaths. 

1717.  Preceding;  chapters  applicable  to  pub- 
lic administrator. 


Public  administrator ;  appointment. 
What   estates   to  be  administered  by 

public  administrator. 
Estates  less  than  $150. 
Burial   expenses   of  deceased   persons. 
Payment   of   salary   or  claims. 

1706.  Disposition    of    estates    of    aliens    in 

certain   cases. 

1707.  When      public      administrator      takes 

charge  ;  his  bond  and  oath. 

1708.  Duty  of  persons  in  whose  house  any 
stranger  dies. 

Must  return  inventory  and  admin- 
ister estates  according  to  chapters 
23  to  36. 
1710.  When  another  person  is  appointed  ad- 
ministrator or  executor,  public  ad- 
ministrator to  deliver  up  the  estate. 

Section  1701.  Public  administrator;  appointment. — There  shall 
be  in  the  Canal  Zone  a  public  administrator  appointed  by  the  Gov- 
ernor of  the  Panama  Canal. 

Ceoss-Res'erence 
Public  administrator  as  guardian,  see  section  1747  of  this  title. 

1702.  What  estates  to  be  administered  by  public  administra- 
tor.— The  public  administrator  must  take  charge  of  the  estates  of 
persons  dying  within  the  Canal  Zone,  or  who,  dying  elsew^here,  leave 
estates  in  the  Canal  Zone,  as  follows : 

1.  Of  the  estates  of  decedents  for  which  no  administrators  or  exec- 
utors are  appointed,  and  which,  in  consequence  thereof,  may  be 
wasted,  uncared  for,  or  lost; 

2.  Of  the  estates  of  decedents  who  have  no  known  heirs ; 

3.  Of  the  estates  ordered  into  his  hands  by  the  court ;  and 

4.  Of  the  estates  upon  which  letters  of  administration  or  letters 
testamentary  have  been  issued  to  him  by  the  court. 

Cross-Refekencb 
Fees,  see  section  1567  of  this  title. 

1703.  Estates  less  than  $150. — Whenever  the  public  administra- 
tor shall  file  with  the  clerk  of  the  district  court  a  statement  that  the 
value  of  any  estate,  of  which  he  has  taken  charge,  is  less  than  $150, 
there  shall  be  no  regular  administration  on  such  estate  unless  addi- 
tional estate  be  found  or  discovered ;  and  the  public  administrator 
may  pay  out  such  funds  to  the  creditors,  heirs,  or  other  persons 
legally  entitled  thereto. 

1704.  Burial  expenses  of  deceased  persons. — Wlienever  the  public 
administrator  takes  possession  of  the  estate  of  a  deceased  person,  as 
provided  in  section  1702  of  this  title,  and  the  method  of  the  defrayal 
of  the  expense  of  the  burial  of  said  deceased  is  not  otherwise  provided 
for  by  law  or  by  the  rules,  agreement,  or  death  benefits  of  any  order 
or  lodge  to  which  the  deceased  may  at  the  time  of  his  death  Ibelong, 
or  with  which  he  may  have  been  affiliated,  the  public  administrator 
may,  in  order  to  defray  the  proper  expenses  of  the  burial  of  the  body 


566 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  170G 

of  the  deceased  and  the  expenses  of  the  last  illness,  apply  to  the 
judge  of  the  district  court  for  an  order  permitting  the  public  admin- 
istrator to  summarily  sell  any  personal  property  belonging  to  the 
deceased,  and  to  withdraw  any  money  tliat  the  deceased  may  have  on 
deposit  with  any  bank,  and  to  collect  any  indebtedness  or  claim  that 
may  be  owing  to  or  due  the  deceased. 

No  notice  of  the  application  need  be  given  and  no  fee  shall  be 
charged  by  the  clerk  of  the  court  or  the  public  administrator  for  the 
filing  of  said  application,  or  for  any  duty  or  service  of  the  clerk  or 
I^ublic  administrator  or  his  attorney  connected  therewith. 

Upon  the  sale  of  the  personal  property  of  the  deceased,  or  the 
collection  of  any  money,  claim,  or  indebtedness  hj  the  public  admin- 
istrator under  said  order  the  public  administrator  shall  use  the  same 
for  the  expenses  of  the  burial  of  the  deceased,  and  the  expenses  of 
the  last  illness. 

The  public  administrator  shall  file  with  the  clerk  of  the  court  a 
statement  showing  the  property  of  the  deceased  that  came  into  his 
hands  and  the  disposition  of  the  property  of  the  deceased,  and  shall 
file  with  the  clerk  vouchers  showing  what  disposition  was  made  of 
the  said  property  or  of  the  proceeds  thereof. 

1705.  Payment  of  salary  or  claims. — If  a  deceased  or  insane 
person  shall  have  to  his  credit  with  the  Panama  Canal  or  the  Pan- 
ama Railroad  Company,  any  sum  as  salary  or  other  acknowledged 
claim,  the  amount  so  due  shall  be  paid  to  the  public  administrator 
upon  demand  and  be  by  him  administered  as  a  part  of  said  person's 
estate:  Provided,  That  if  there  should  be  other  regular  administra- 
tion upon  such  person's  estate  in  a  court  in  the  Canal  Zone  or  in  any 
State  in  the  United  States,  then  the  sum  due  shall  be  paid  to  such 
other  executor,  administrator,  or  guardian  upon  presentation  of  duly 
authenticated  copies  of  the  order  or  decree  appointing  such  executor, 
administrator,  or  guardian :  And  provided  further,  That  in  case  the 
amount  so  due  in  salary  or  wages  from  the  Panama  Canal  or  Pan- 
ama Railroad  Company  does  not  exceed  $100  and  it  is  shown  that 
there  is  to  be  no  administration  of  the  deceased  employee's  estate 
either  by  the  public  administrator  or  otherwise,  then  payment  may 
be  made  to  the  person  or  persons  who  under  the  laws  of  the  Canal 
Zone  would  be  entitled  to  receive  the  same,  if  administration  were 
had,  under  such  regulations  as  may  be  prescribed  by  the  Governor 
of  the  Panama  Canal. 

1706.  Disposition  of  estates  of  aliens  in  certain  cases. — If  a  de- 
ceased intestate  alien,  whose  estate  is  being  administered  by  the  pub- 
lic administrator,  leaves  no  heirs  in  the  Canal  Zone  or  the  Republic 
of  Panama  entitled  to  receive  such  estate,  the  proceeds  and  residue 
thereof  may  be  delivered  to  the  diplomatic  or  consular  representative, 
accredited  to  the  Canal  Zone  or  the  Republic  of  Panama,  of  the  coun- 
try of  which  the  deceased  was  a  citizen  or  subject,  for  delivery  by 
such  representative  to  the  heirs  of  the  deceased :  Provided,  That  if 
the  deceased  was  a  citizen  of  the  Republic  of  Panama,  the  residue 
of  his  estate  may  be  delivered  to  his  heirs  in  the  Republic  of  Panama 
or  to  the  authorities  of  the  said  Republic  lawfully  designated  to 
receive  the  same. 

567 


T.  4,  §  1707]  THE  CODE  OF  CIVIL  PROCEDURE 

1707.  When  public  administrator  takes  charge;  his  bond  and 
oath. — Whenever  a  public  administrator  takes  charge  of  an  estate, 
of  which  he  is  entitled  to  take  charge  without  letters  of  administra- 
tion being  issued,  or  under  order  of  the  court,  he  must,  with  all 
convenient  dispatch,  procure  letters  of  administration  thereon,  in 
like  manner  and  on  like  proceedings  as  letters  of  administration  are 
issued  to  other  persons.  His  official  bond  and  oath  are  in  lieu  of  the 
administrator's  bond  and  oath. 

Ceoss-Refeekn  ce 

Delivering  estate  to  another  appointed  to  act,  see  sections  1710  and  1713  of 
tliis  title. 

1708.  Duty  of  persons  in  whose  house  any  stranger  dies.— 

Whenever  a  stranger,  or  person  without  known  heirs,  dies  intestate 
in  the  house  or  premises  of  another,  the  possessor  of  such  premises, 
or  an3^one  knowing  the  facts,  must  give  immediate  notice  thereof  to 
the  public  administrator;  and  in  default  of  so  doing,  he  is  liable 
for  any  damage  that  may  be  sustained  thereby,  to  be  recovered  by 
the  pui3lic  administrator,  or  any  party  interested. 

1709.  Must  return  inventory  and  administer  estates  according 
to  chapters  23  to  36. — The  public  administrator  must  make  and 
return  a  perfect  inventory  of  all  estates  taken  into  his  possession, 
administer  and  account  for  the  same  according  to  the  provisions  of 
chapters  23  to  36  of  this  title,  subject  to  the  control  and  directions 

of  the  court. 

1710.  When  another  person  is  appointed  administrator  or  exec- 
utor, public  administrator  to  deliver  up  the  estate. — If,  at  any 

time,  letters  testamentary  or  of  adminiRtrati(m  are  regularly  granted 
to  any  other  person  on  an  estate  of  which  the  public  administrator 
has  charge,  he  must,  under  the  order  of  the  court,  account  for.  pay, 
and  deliver  to  the  executor  or  administrator  thus  appointed,  all  the 
money,  propert}'^,  papers,  and  estate  of  every  kind  in  his  possession 
or  under  his  control. 

1711.  Civil  officers  to  give  notice  of  waste  to  public  administra- 
tor.— xVU  civil  officers  must  inform  the  })ublic  administrator  of  all 
property  known  to  them,  belonging  to  a  decedent,  which  is  liable  to 
loss,  injury,  or  waste,  and  which,  by  reason  thereof,  ought  to  be  in 
the  possession  of  the  public  administrator. 

1712.  Suits  for  property  of  decedents. — The  public  administrator 
must  institute  all  suits  and  prosecutions  necessary  to  recover  the 
property,  debts,  papers,  and  other  estate  of  the  decedent. 

1713.  Order  on  public  administrator  to  account. — The  court  may, 
at  any  time,  order  the  public  administrator  to  account  for  and 
deliver  all  the  money  and  property  of  an  estate  in  his  hands  to  the 
heirs,  or  to  the  executors  or  administrators  regularly  appointed. 

1714.  Not  to  be  interested  in  the  payments  for  or  on  account  of 
the  estates  in  his  hands. — The  public  administrator  must  not  be 
interested  in  expenditures  of  any  kind  made  on  account  of  any 

568 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1721 


?state  he  administers;  nor  must  ho  be  associated,  in  business  or 
otherwise,  with  any  one  who  is  so  interested. 

1715.  Commissions  of  public  administrator. — The  commissions 
to  be  charo^ed  by  the  public  administrator  shall  be  as  prescribed  in 
section  loCT  of  this  title:  Provldedy  That  no  commissions  shall  be 
charged  where  it  appears  that  the  total  assets  of  the  estate  do  not 
exceed  $1,000  in  value. 

The  public  administrator  shall  pay  over  all  such  fees  to  the  col- 
lector of  the  Panama  Canal  to  be  covered  into  the  Treasury  of  the 
United  States  as  miscellaneous  receipts. 

1716.  Public  administrator  to  administer  oaths. — The  public  ad- 
ministrator may  administer  oaths  in  regard  to  all  matters  touching 
the  discharge  of  his  duties,  or  the  administration  of  estates  in  his 
hands. 

1717.  Preceding  chapters  applicable  to  public  administrator. — 

When  no  direction  is  given  in  this  chapter  for  the  government  or 
guidance  of  a  public  administrator  in  the  discharge  of  his  duties, 
or  for  the  administration  of  an  estate  in  his  hands,  the  provisions  of 
chapters  23  to  34  of  this  title  must  govern,  except  that  wherever 
notice  is  required  to  be  given,  such  notice  may,  in  the  discretion  of 
the  court,  be  waived  or  be  given  by  posting. 

CHAPTER  36.— GUARDIAN  AND  WARD 


Art.  Sec. 

1.  Guardians  of  minors 1721 

2.  Guardians  of  insane  and  incompe- 

tent persons 1741 

3.  Powtrs  and  duties  of  guardians —  1771 


Art.  Sec. 

4.  Sale  of  property  and  disposition  of 

ttie  proceeds 1791 

5.  Nonresident  guardians  and  wards-  1801 

6.  General   and   miscellaneous  provi- 

sions    1811 


ARTICLE  1.— GUARDIANS  OF  MINORS 


bee 

1721. 

1722. 


Appointment  of  guardians. 
When  minor  may  nominate  guardian ; 
when  not. 

1723.  When   appointment   may  be  made  by 

court,    when    minor    is    over    four- 
teen. 

1724.  Nomination  by  minors  after  arriving 

at  fourteen. 

1725.  Who   may  be  guardian  ;   marriage  of 

guardian  does  not  affect  guardian- 
ship. 

1726.  Powrrs    and    duties   of   guardian. 

1727.  Bond  of  guardian. 


Sec. 
1728 


Court  may  insert  conditions  in  order 
appointing  guardian. 

1729.  Recording   letters   of   guardianship. 

1730.  Maintenance  of  minor  out  of  income 

of  his  property. 

1731.  Guardian  to  give  bond ;  powers  lim- 

ited. 

1732.  Power  of  court  to  appoint  guardians 

ad  litem,  not  impaired. 

1733.  When    power    of    guardian    is    super- 

seded. 

1734.  Special  notice  of  administrative  pro- 

ceedings ;  demand  for  by  relatives. 


Section  1721.  Appointment  of  guardians.— Either  division  of  the 
district  court,  when  it  appears  necessary  or  convenient,  may  appoint 
guardians  for  the  persons  and  estates,  or  either  of  them,  of  minors 
who  have  no  guardian  legally  appointed  by  will  or  deed,  and  who  are 
inhabitants  or  residents  of  the  division,  or  who  reside  outside  the 
Canal  Zone  and  have  estate  within  the  division. 

Such  appointment  may  be  made  on  the  petition  of  a  relative  or 
other  person  on  behalf  of  the  minor,  or  on  the  petition  of  the  minor, 
if  fourteen  years  of  age. 

Notice  of  proceedings. — Before  making  such  appointment,  the 
court  must  cause  such  notice  as  such  court  deems  reasonable  to  be 


93083 — 34- 


-37 


T.  4,  §  1722]  THE  CODE  OF  CIVIL  PROCEDURE 

given  to  any  person  having  the  care  of  such  minor,  and  to  such  rela- 
tives of  the  minor  residing  in  the  Canal  Zone  as  the  court  may  deem 
proper.  In  all  cases  notice  must  be  given  to  the  parents  of  the  minor 
or  proof  made  to  the  court  that  their  addresses  are  unknown,  or  that, 
for  other  reason,  such  notice  cannot  be  given. 

Temporary  custody  pending  proceedings. — In  all  such  proceed- 
ings, when  it  appears  to  the  satisfaction  of  the  court,  either  from  a 
verified  petition,  or  from  affidavits,  that  the  welfare  of  the  minor 
Avill  be  imperiled  if  such  minor  is  allowed  to  remain  in  the  custody  of 
the  person  then  having  the  care  of  such  minor,  the  court  may  make  an 
order  providing  for  the  temporary  custody  of  such  minor  until  a 
hearing  can  be  had  on  such  petition. 

Proceedings  where  minor  liable  to  be  carried  out  of  canal 
ZONE. — And  when  it  appears  to  the  court  that  there  is  reason  to  be- 
lieve that  such  minor  will  be  carried  out  of  the  jurisdiction  of  the 
court  before  which  the  application  is  made,  or  will  suffer  some  irrep- 
arable injury  before  compliance  w^ith  such  order  providing  for  the 
temporary  custody  of  such  minor  can  be  enforced,  such  court  may  at 
the  time  of  making  such  order  providing  for  the  temporary  custody 
of  such  minor  cause  a  warrant  to  be  issued,  reciting  the  lacts,  and 
directed  to  the  marshal,  commanding  such  officer  to  take  such  minor 
from  the  custody  of  the  person  in  whose  care  such  minor  then  is  and 
place  such  minor  in  custody  in  accordance  with  the  order  of  the  court. 

Cross-references 

Appointment  upon  removal  or  resignation  of  former  guardian,  see  section  1812 
of  this  title. 

Who  may  be  guardian,  see  section  1725  of  this  title. 

Powers  and  duties  of  guardians,  see  sections  1771  et  seq.,  of  this  title. 

Guardian  and  ward,  see  title  3,  sections  201  to  216. 

Guardian  ad  litem,  see  sections  127,  128,  1694,  1732,  and  1772  of  this  title. 

Minors,  who  are,  see  title  3,  sections  21  and  22. 

Adoption  of  minors,  see  title  3,  sections  191  et  seq. 

Freeing  from  parental  authority  because  of  abuse,  see  title  3,  section  173. 

Authority  of  parent  ceases  when,  soe  title  3,  section  174. 

Seal  necessary  to  appointment  of  guardian,  see  section  25  of  this  title. 

1722.  When  minor  may  nominate  guardian;  when  not. — If  the 

minor  is  under  the  age  of  fourteen  years,  the  court  may  nominate 
and  appoint  his  guardian.  If  he  is  fourteen  years  of  age,  he  may 
nominate  his  own  guardian,  who,  if  approved  by  the  court,  must  be 
appointed  accordingly. 

1723.  When  appointment  may  be  made  by  court,  when  minor  is 
over  fourteen. — If  the  guardian  nominated  by  the  minor  is  not 
approved  by  the  court,  or  if  the  minor  resides  out  of  the  Canal  Zone, 
or  if,  after  being  duly  cited  by  the  court,  he  neglects  for  ten  days  to 
nominate  a  suitable  person,  the  court  or  judge  may  nominate  and 
appoint  the  guardian  in  the  same  manner  as  if  the  minor  were  under 
the  age  of  fourteen  years. 

1724.  Nomination  by  minors  after  arriving  at  fourteen. — When 
a  liiiardian  has  been  appointed  by  the  court  for  a  minor  under  the  age 
of  fourteen  years,  the  minor,  at  any  time  after  he  attains  that  age, 
may  nominate  his  own  guardian,  subject  to  the  approval  of  the  court. 

570 


TJtB  CODE  OF  CIVIL  PROCEbVttti  [T.  4,  §1727 

1725.  Who  may  be  guardian;  marriage  of  guardian  does  not 
affect  guardianship. — The  father  or  the  mother  of  a  minor  child 
under  the  age  of  fourteen  years,  if  found  by  the  court  competent  to 
discharge  the  duties  of  guardianship,  is  entitled  to  be  appointed  a 
guardian  of  such  minor  child,  in  preference  to  any  other  person. 
The  person  nominated  by  a  minor  of  the  age  of  fourteen  years  as 
his  guardian,  whether  married  or  unmarried,  may,  if  found  by  the 
court  competent  to  discharge  the  duties  of  guardianship,  be  appointed 
as  such  guardian.  The  authority  of  a  guardian  is  not  extinguished 
nor  affected  by  the  marriage  of  the  guardian. 

Cross-Referencb 

Parent,  as  such,  has  no  control  over  property  of  child,  see  title  3,  section  172. 

1726.  Powers  and  duties  of  guardian. — Every  guardian  appointed 
has  the  custody  and  care  of  the  education  of  the  minor,  and  the  care 
and  management  of  his  estate,  until  such  minor  arrives  at  the  age 
of  majority  or  marries,  or  until  the  guardian  is  legally  discharged, 
unless  he  is  appointed  guardian  only  of  the  person  of  the  ward.  In 
that  event,  the  guardian  is  charged  with  the  custody  of  the  ward, 
and  must  look  to  his  support,  health,  and  education.  He  may  fix 
the  residence  of  the  ward  at  any  place  in  the  Canal  Zone,  but  not 
elsewhere  without  the  permission  of  the  court. 

Ckoss-Refebences 

Residence  of  ward,  see  title  3,  section  183. 
Termination  of  authority,  see  section  1813  of  this  title. 

1727.  Bond  of  guardian. — Before  the  order  appointing  any  person 
guardian  under  this  chapter  takes  effect,  and  before  letters  issue, 
the  court  shall  require  of  such  person  a  bond  to  the  minor,  with  suf- 
ficient sureties,  to  be  approved  by  the  judge,  and  in  such  sum  as  he 
shall  order,  which  sum  shall  not  be  less  than  twice  the  value  of  the 
personal  property  and  the  probable  value  of  the  annual  rents,  issue,s 
and  profits  of  property  belonging  to  the  minor;  where,  however,  a 
surety  company  is  authorized  by  law  to  furnish  such  bond,  the  court 
in  its  discretion  may  fix  the  amount  of  the  bond  given  by  such  surety 
company  at  not  less  than  the  value  of  the  personal  property  and  the 
probable  value  of  the  annual  rents,  issues  and  profits  of  property 
belonging  to  the  minor  conditioned  that  the  guardian  will  faithfully 
execute  the  duties  of  his  trust  according  to  law,  and  the  following 
conditions  shall  form  a  part  of  such  bond  without  being  expressed 
therein : 

1.  To  make  an  inventory  of  all  the  estate,  real  and  personal  of  his 
ward,  that  comes  to  his  i3osses,sion  or  knowledge,  and  to  return  the 
same  within  such  time  as  the  court  may  order. 

2.  To  dispose  of  and  manage  the  estate  according  to  law  and  for 
the  best  interest  of  the  ward,  and  faithfully  to  discharge  his  trust 
in  relation  thereto,  and  also  in  relation  to  the  care,  custody,  and 
education  of  the  ward. 

3.  To  render  an  account  on  oath  of  the  property,  estate,  and  moneys 
of  the  ward  in  his  hands,  and  all  proceeds  or  interests  derived  there- 
from, and  of  the  management  and  disposition  of  the  same,  within 

571 


T.  4,  §1728]  THE  CODE  OF  CIVIL  PROCEDURE 

three  months  after  his  appointment,  and  at  such  other  times  as  the 
court  directs,  and  at  the  expiration  of  his  trust  to  settle  hi,s  accounts 
with  the  court,  or  with  the  ward,  if  he  be  of  full  age,  or  his  legal 
representatives,  and  to  pay  over  and  deliver  all  the  estate,  moneys, 
and  effects  remaining  in  his  hands,  or  due  from  him  on  such  settle- 
ment, to  the  person  who  is  lawfully  entitled  thereto.  Upon  filing  the 
bond,  duly  approved,  letters  of  guardianship  must  issue  to  the  person 
appointed.  In  form  the  letters  of  guardianship  must  be  substantially 
the  same  as  letters  of  administration,  and  the  oath  of  the  guardian 
must  be  indorsed  thereon  that  he  will  perform  the  duties  of  his  office 
as  such  guardian  according  to  law. 

Ckoss-Refekences 

Accounts  of  guardians,  see  sections  1777  and  1778  of  tliis  title. 
Guardian's  bond,  see  sections  1370  and  1731  of  this  title. 

1728.  Court  may  insert  conditions  in  order  appointing  guard- 
ian.— When  any  person  is  appointed  guardian  of  a  minor,  the  court 
may,  with  the  consent  of  .such  person,  insert  in  the  order  of  appoint- 
ment, conditions  not  otherwise  obligatory,  providing  for  the  care, 
treatment,  education,  and  welfare  of  the  minor  and  for  the  care  and 
custody  of  his  property.  The  performance  of  such  conditions  shall 
be  a  part  of  the  duties  of  the  guardian,  for  the  faithful  performance 
of  which  he  and  the  sureties  on  his  bond  shall  be  responsible. 

Cross-Refebence 

Letters  of  special  guardianship  issuable  at  chambers,  see  section  27  of  this 
title. 

1729.  Recording  letters  of  guardianship. — All  letters  of  guard- 
ianship issued  under  the  provisions  of  this  chapter,  with  the  affi- 
davits and  certificates  thereon,  must  be  recorded  by  the  clerk  of 
the  court  having  jurisdiction  of  the  persons  and  estates  of  the  wards. 

1730.  Maintenance  of  minor  out  of  income  of  his  property. — If 

any  minor  having  a  father  living  has  property,  the  income  of  Avhich 
is  sufficient  for  his  maintenance  and  education  in  a  manner  more 
expensive  than  his  father  can  reasonably  afford,  regard  being  had 
to  the  situation  of  the  father's  family  and  to  all  the  circumstances 
of  the  case,  the  expenses  of  the  education  and  maintenance  of  such 
minor  may  be  defrayed  out  of  the  income  of  his  own  property,  in 
whole  or  in  part,  as  judged  reasonable,  and  must  be  directed  by  the 
court;  and  the  charges  therefor  may  be  allowed  accordingly  in  the 
settlement  of  the  accounts  of  his  guardian. 

Ceoss-Rei^erences 

Duty  of  parent  to  .sui)port  and  educate  child,  see  title  3,  section  1G6. 
Allowance  to  parent  lor  support  of  cliild,  see  title  3,  section  171. 
Maintenance  of  ward,  see  section  1775  of  this  title. 

1731.  Guardian  to  give  bond;  powers  limited. — Every  testamen- 
tary guardian  must  qualify  and  has  the  same  powers  and  must  per- 
form the  same  duties  with  regard  to  the  person  and  estate  of  his 
ward  as  guardians  appointed  by  the  court,  except  so  far  as  his  pow- 
ers and  duties  are  legall}^  modified,  enlarged,  or  changed  by  the  will 

ri72 


THE  CODE  OF  CIVIL  PROCEJDUKI]  [T.  4,  §  1734 

by    which    such    guardian    was    appointerl,    and    except    that    such 
guardian  need  not  give  bond  unless  directed  to  do  so  by  the  court. 

Cboss-Reteeences 

Bond  to  be  filed  and  presei'ved,  see  section  1815  of  this  title. 
Bond  of  guardian,  see  sections  l.'>70,  1727  of  this  title. 

1732.  Power  of  court  to  appoint  guardians  ad  litem,  not  im- 
paired.— Nothing  contained  in  this  chapter  affects  or  impairs  the 
power  of  the  court  to  appoint  a  guardian  to  defend  the  interests 
of  any  minor  interested  in  any  suit  or  matter  pending  therein. 

Cross-Referbjnce 

Guardian  ad  litem,  see  .sections  127,  128,  1G94  .ind  1772  of  this  title. 

1733.  When  power  of  guardian  is  superseded. — The  power  of 
a  guardian  appointed  by  a  court  is  superseded : 

1.  By  order  of  the  court; 

2.  If  the  appointment  was  made  solely  because  of  the  ward's 
minority,  by  his  attaining  majority; 

3.  The  guardianship  over  the  person  of  the  w^ard  by  the  marriage 
of  the  ward. 

1734.  Special  notice  of  administrative  proceedings;  demand  for 
by  relatives. — At  any  time  after  the  issuance  of  letters  of  guardian- 
ship upon  the  estate  of  any  minor,  insane,  or  incompetent  person, 
any  relative  of  the  ward,  or  the  attorney  for  such  relative,  may 
serve  upon  the  guardian,  or  upon  the  attorney  for  the  guardian,  and 
tile  with  the  clerk  of  the  court  wherein  administration  of  such  ward's 
estate  is  pending,  a  written  request,  stating  that  he  desires  special 
notice  of  any  or  all  of  the  following-mentioned  matters,  steps,  or 
proceedings  in  the  administration  of  said  estate,  to  wit : 

1.  Filing  of  the  return  of  sales  of  any  property  of  the  ward's 
estate. 

2.  Filing  of  accounts. 

3.  Filing  of  application  for  removal  of  ward's  jjroperty  to  any 
foreign  jurisdiction. 

4.  Filing  of  petitions  for  partition  of  any  property  of  the  ward's 
estate. 

5.  Proceedings  for  removal,  suspension  or  discharge  of  the  guard- 
ian, or  final  determination  of  the  guardianship. 

Request  what  to  state;  notice  or  rROCEEDiNcs. — Such  request 
shall  state  the  post  office  address  of  such  relative,  or  his  attorney, 
and  thereafter  a  brief  notice  of  the  filing  of  any  such  petitions, 
applications,  or  accounts,  or  proceedings,  except  petitions  for  sale 
of  perishable  property,  or  other  personal  property  which  will  incur 
expense  or  loss  by  keeping,  shall  be  addressed  to  such  relative,  or  his 
attorney,  at  his  stated  post  office  address,  and  deposited  in  the  post 
office,  within  two  days  after  the  filing  of  such  petition,  account, 
application,  or  the  commencement  of  such  proceedings;  or  personal 
service  of  such  notices  may  be  made  on  such  relative,  or  his  attorney, 
within  said  two  days,  and  such  personal  service  shall  be  equivalent 
to  such  deposit  in  the  post  office,  and  proof  of  mailing  or  of  personal 
service  must  be  filed  with  the  clerk  before  the  hearing  of  any  such 
matter. 

573 


T.  4,  §  1741] 


THE  CODE  OP  CIVIL  PROCEDURE 


Finding  that  notice  given. — If,  upon  the  hearing  it  shall  appear 
to  the  satisfaction  of  the  court  that  the  said  notice  has  been  regularly 
given,  the  court  shall  so  find  in  its  order  or  judgment,  and  such 
judgment  shall  be  final  and  conclusive  upon  all  persons. 

ARTICLE  2.— GUARDIANS   OF  INSANE   AND    INCOMPETENT   PERSONS 


Sec. 
1741. 


A.  In  Genkbal 


Guardians  of  insane  and  other  in- 
competent persons. 

Appointment  of  guardian  by  court 
after  hearing. 

1743.  Appointment  as  guardian. 

1744.  Powers   and   duties   of  guardians. 

1745.  Proceeding  for  restoration  to  capacity. 
Definition  of  incompetent. 
Public  administrator  as  guardian   of 

estates  of  insane  employees,  other 
insane  or  incompetent  persons,  and 
minors. 


1741! 


1746. 
1747. 


B.  CoROZAL  Hospital  ;  Admission,  Keeping, 

AND   DlSCH.\EGB   OF   PEESONS 

1751.  Keeping  of  insane  persons  in  jail. 

1752.  Admission    of   patients   In    general. 

1753.  Petition    for    confinement    of    insane 

persons. 


Sec. 

1754.  Hearing  to  be  prompt ;  ordering  cus- 

tody for  observation. 

1755.  Admission  of  patient  for  observation ; 

report  on  sanity. 

1756.  Contesting   report   on   sanity. 

1757.  Temporary  release  of  patients. 

1758.  Application   for  discharge  of  patient. 

1759.  Discharge  of  patients. 

1760.  Committing   insane  prisoners   to   hos- 

pital ;  discharge. 

1761.  No    repeal    of    provisions    respecting 

inquiry    into    insanity    of    defend- 
ants. 

1762.  Receiving  patients   from    Panama   or 

from  Army  or  other  service  branch. 

1763.  Transfer    to    St.    Elizabeths    Hospital 

of  American   citizens  adjudged   in- 
sane. 


A.    IN   GENERAL 

1741.  Guardians  of  insane  and  other  incompetent  persons. — 

When  it  is  represented  to  the  district  court  or  judge,  upon  verified 
petition  of  any  relative  or  friend,  that  any  person  is  insane,  or  from 
any  cause  mentally  incompetent  to  manage  his  property,  such  court 
or  judge  must  cause  a  notice  to  be  given  to  the  supposed  insane 
or  incompetent  person  of  the  time  and  place  of  hearing  the  case, 
not  less  than  five  days  before  the  time  so  appointed,  and  such  per- 
son, if  able  to  attend,  must  be  produced  on  the  hearing:  Provided^ 
That  when  such  person  is  a  patient  at  a  hospital  in  the  Canal  Zone 
the  certificate  of  the  medical  superintendent  or  acting  medical  super- 
intendent of  such  hospital,  to  the  effect  that  such  patient  is  unable 
to  attend  on  the  hearing  shall  be  prima  facie  evidence  of  such  fact. 

Ceoss-References 

Guardian  ad  litem,  see  sections  127,  128,  1694,  and  1772  of  this  title. 
Cruelt.v   or   neglect   of   duty   toward  insane   person   as   felony,   see   title  5, 
section  374. 

1742.  Appointment  of  guardian  by  court  after  hearing. — If, 

after  a  full  hearing  and  examination  upon  such  petition,  it  appears 
to  the  court  that  the  person  in  question  is  incapable  of  taking  care 
of  himself  and  managing  his  property,  such  court  must  appoint  a 
guardian  of  his  person  and  estate,  or  person  or  estate,  with  the  powers 
and  duties  in  this  chapter  specified. 

Ckoss-Re^'krences 
Appointment  at  chambers,  see  section  27  of  this  title. 

Seal  necessary,  see  section  25  of  this  title. 

1743.  Appointment  as  guardian. — In  awarding  letters  of  guard- 
ianship of  the  person  and  estate,  or  person  or  estate,  of  an  insane  or 
incompetent  person,  the  court  shall  appoint  as  guardian  such  person 

574 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §1747 

as  may  have  been  designated  pursuant  to  section  207  of  title  3,  in 
which  case  such  person  shall  be  appointed  unless  good  cause  to  the 
contrary  be  shown. 

1744.  Powers  and  duties  of  guardians. — Every  guardian  ap- 
pointed, as  provided  in  the  next  preceding  section,  has  the  care  and 
custody  of  the  person  of  his  ward  and  the  management  of  all  his 
estate,  or  the  care  and  custody  of  the  person  of  his  ward  or  the 
management  of  all  his  estate,  according  to  the  order  of  appointment, 
until  such  guardian  is  legally  discharged,  and  he  must  give  bond 
to  such  ward  in  like  manner  and  with  like  conditions  as  before 
prescribed  with  respect  to  the  guardian  of  a  minor. 

Cboss-Refekences 

Bond  of  guardians,  see  section  1727  of  this  title. 

Removal  or  resignation  of  guardian,  see  section  1812  of  this  title. 

1745.  Proceeding  for  restoration  to  capacity. — Any  person  who 
has  been  declared  insane  or  incompetent,  or  the  guardian,  or  any 
relative  of  such  person  within  the  third  degree,  or  any  friend,  may 
apply,  by  petition,  to  the  division  of  the  district  court  in  which  he 
was  declared  insane,  to  have  the  fact  of  his  restoration  to  capacity 
judicially  determined.  The  petition  must  be  verified,  and  must  state 
that  such  person  is  then  sane  or  competent.  Upon  receiving  the 
petition,  the  court  must  appoint  a  day  for  a  hearing  before  the  court, 
and,  if  the  petitioner  requests  it,  must  order  an  investigation  before 
a  jury,  which  must  be  summoned  and  impaneled  in  the  same  manner 
as  juries  in  civil  actions.  The  court  must  cause  notice  of  the  trial 
to  be  given  to  the  guardian  of  the  person  so  declared  insane  or 
incompetent,  if  there  is  a  guardian,  and  to  his  or  her  husband  or 
wife,  if  there  is  one,  and  to  his  or  her  father  or  mother,  if  living  in 
the  Canal  Zone.  On  the  trial,  the  guardian  or  relative  of  the  person 
so  declared  insane  or  incompetent,  and,  in  the  discretion  of  the  court, 
any  other  person,  may  contest  the  right  to  the  relief  demanded. 
Witnesses  may  be  required  to  appear  and  testify,  as  in  civil  cases, 
and  may  be  called  and  examined  by  the  court  on  its  own  motion.  If 
it  is  found  that  the  person  is  of  sound  mind,  and  capable  of  taking 
care  of  himself  and  his  property,  his  restoration  to  capacity  must 
be  adjudged,  and  the  guardianship  of  such  person,  if  such  person  is 
not  a  minor,  must  cease. 

1746.  Definition  of  incompetent. — The  words  "  incompetent ", 
"  mentally  incompetent ",  and  "  incapable  ",  as  used  in  this  chapter, 
shall  mean  any  person  who,  though  not  insane,  is,  by  reason  of  old 
age,  disease,  weakness  of  mind,  or  from  any  other  cause,  unable, 
unassisted,  to  properly  manage  and  take  care  of  himself  or  his  prop- 
erty, and  by  reason  thereof  would  be  likely  to  be  deceived  or  imposed 
upon  by  artful  or  designing  persons. 

1747.  Public  administrator  as  guardian  of  estates  of  insane  em- 
ployees, other  insane  or  incompetent  persons,  and  minors. — The 

public  administrator  shall  take  charge  of  estates  of  persons  employed 
in  the  Canal  Zone  or  the  Republic  of  Panama  by  the  Panama  Canal 
or  Panama  Railroad  Company  or  members  of  their  families  who  ha,ve 

675 


T.  4,  §1751]  THE  CODE  OF  CIVIL  PROCEDURE 

been  adjudged  insane  by  the  district  court  or  by  a  competent  court 
of  any  State,  where  such  estates  consist  of  personal  property  and  no 
legal  guardian  has  been  appointed. 

The  district  court  may  in  its  discretion  appoint  the  public  admin- 
istrator guardian  of  the  estate  of  any  other  insane  or  incompetent 
person  or  of  any  minor. 

The  public  administrator  shall  comply  with  all  of  the  provisions 
of  this  chapter  with  respect  to  the  guardianship  of  similar  estates 
by  other  persons :  Provided^  hoivever,  That  his  official  bond  and  oath 
shall  satisfy-the  requirements  with  respect  to  a  guardian's  bond  and 
oath :  And  provided  further'^  That  w^herever  notice  is  required  to  be 
given,  such  notice  may,  in  the  discretion  of  the  court,  be  waived  or 
be  given  by  posting. 

Cross-Refebence 

Payineut  to  public  administrator  of  sums  due  insane  persons  from  Canal 
or  Railroad,  see  section  1705  of  this  title. 

B.  coROZALi  hospital;  admission,  keeping,  and  dischaege  of  persons 

1751.  Keeping  of  insane  persons  in  jail. — No  person  under  obser- 
vation for  insanity  or  declared  to  be  insane  shall  be  kept  in  jail, 
prison,  or  other  similar  institution,  but  shall  be  kept  in  suitable  quar- 
ters within  the  Corozal  Hospital  or  at  such  other  place  as  may  be 
deemed  advisable  by  the  Superintendent  of  Corozal  Hospital. 

Cross-References 

Assisting  in  escai^e  of  i^erson  le^rally  confined  in  hospital,  see  title  5,  section 
205. 

Cruelty  or  neglect  of  duty  toward  insane  person  as  felony,  see  title  5, 
section  374. 

1752.  Admission  of  patients  in  general. — Except  as  otherwise 
provided  in  respect  to  the  admission  of  insane  patients  from  the 
Kepublic  of  Panama,  and  the  admission  of  members  of  the  United 
States  Army,  Navy,  and  Marine  Corps,  and  beneficiaries  of  the 
United  States  Public  Health  Service  for  observation  and  care  pend- 
ing their  transfer  to  the  United  States,  no  person  shall  be  admitted 
or  detained  as  a  patient  in  the  Corozal  Hospital  except  upon  the 
order  of  the  district  judge  of  the  Canal  Zone:  Provided,  That  if  a 
patient  is  in  a  state  of  violent  insanity  he  may  be  admitted  at  once 
by  the  superintendent  of  Corozal  Hospital,  without  an  order  from 
the  court,  into  the  quarters  provided  for  the  observation  of  persons 
alleged  to  be  insane,  upon  the  written  request  of  any  physician 
employed  by  the  United  States  Government;  or  such  patient  may  be 
admitted  to  the  observation  quarters  by  said  superintendent  upon 
his  own  authority. 

It  shall  be  the  duty  of  the  superintendent  of  Corozal  Hospital  to 
file  a  written  report  with  the  clerk  of  the  di.strict  court  within  forty- 
eight  hours  after  the  patient  has  been  admitted  to  the  observation 
quarters,  which  report  shall  set  out  the  name,  age,  and  physical 
condition  of  the  patient,  together  with  the  name  of  physician  attend- 
ing patient  at  time  of  admission,  and  as  soon  as  the  clerk  shall  have 
received  the  report,  he  shall  enter  it  upon  the  docket  and  the  district 


576 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1757 

judge  shall  proceed  to  examine  and  determine  the  case  in  like  manner 
as  if  the  petition  had  been  presented  to  him  prior  to  the  patient's 
admission  into  observation  quarters. 

1753.  Petition  for  confinement  of  insane  persons. — To  obtain  the 
judicial  order  provided  for  in  the  next  preceding  section,  it  shall  be 
necessary  for  a  relative  of  the  person  alleged  to  be  insane,  or  a  phy- 
sician or  other  interested  person  in  the  Canal  Zone,  to  present  a 
petition,  duly  subscribed  and  sworn  to  by  the  petitioner,  to  the  judge 
of  the  district  court,  which  petition  shall  state  the  sex,  age,  and 
nationality  of  patient,  if  known,  and  the  facts  showing  the  patient's 
mental  infirmity,  and,  if  possible,  the  history  of  the  case  and  the 
form  of  insanity  with  which  he  is  suffering  and  the  attending  cir- 
cumstances making  it  necessary  that  he  be  confined  in  the  asylum. 
If  such  petition  is  presented  by  other  than  a  relative,  and  there  is  a 
known  relative  within  or  near  the  Canal  Zone,  notice  thereof  shall 
be  given  to  such  relative.  The  petition  shall  be  accompanied  by  a 
certificate  signed  by  one  or  more  reputable  physicians  to  the  effect 
that  in  their  opinion  such  person  is  insane. 

1754.  Hearing  to  be  prompt;  ordering  custody  for  observa- 
tion.— The  petition  provided  for  in  the  next  preceding  section  shall 
take  precedence  over  all  other  matters  pending  before  the  court,  and 
if  the  facts  stated  therein  are  sufficient  to  satisfy  the  court  of  the 
insanity  of  the  person  sought  to  be  confined,  orders  shall  be  issued  at 
once  directing  that  the  person  alleged  to  be  insane  be  taken  in  custody 
for  observation. 

1755.  Admission  of  patient  for  observation;  report  on  sanity. — 

The  order  of  the  judge  directing  that  the  person  alleged  to  be  insane 
be  placed  under  observation  shall  be  sufficient  authority  for  the 
superintendent  of  Corozal  Hospital  to  admit  the  patient  into  the 
hospital  or  other  suitable  quarters  and  to  detain  him  for  the  purpose 
of  observation. 

Within  thirty  days  after  the  patient  has  been  placed  under  ob- 
servation the  superintendent  of  Corozal  Hospital  shall  file  with  the 
clerk  of  the  court  a  written  report  stating  whether  the  patient  is 
sane  or  insane,  and  the  facts  upon  which  such  statement  is  based. 
If  the  observation  shall  show  that  the  patient  is  not  insane  he  shall 
be  set  at  liberty  by  the  superintendent  of  Corozal  Hospital  at  once, 
and  such  action  shall  be  noted  in  the  report  submitted  to  the  court. 
If  the  observation  shall  show  that  the  patient  is  insane,  it  shall  be 
the  duty  of  the  court  to  render  judgment  therein,  either  committing 
the  patient  to  the  Corozal  Hospital  or  directing  that  he  be  turned 
over  to  his  relatives  or  friends  who  are  able  and  willing  to  care 
for  him. 

1756.  Contesting  report  on  sanity.— The  relatives  of  the  person 
alleged  to  be  insane,  or  the  district  attorney,  may  appear  and  con- 
test the  report  of  the  superintendent,  and  in  such  cases  the  judge 
shall  hear  the  evidence  presented  by  the  parties  and  render  judgment 
thereon,  as  provided  in  the  next  preceding  section. 

1757.  Temporary  release  of  patients.— Whenever  any  patient 
who  is  not  serving  a  sentence  for  violation  of  the  criminal  laws  of 

877 


T.  4,  §1758]  TBE  CODE  OF  CIVIL  PROCEDURE 

the  Canal  Zone  has  shown  such  improvement  in  his  mental  condi- 
tion as  would,  in  the  opinion  of  the  superintendent,  warrant  his  tem- 
porary release  for  the  purpose  of  determining  whether  such  improve- 
ment is  permanent  and  would  eventually  warrant  the  discharge  of 
the  patient,  the  superintendent  may  release  such  patient  for  such 
period  as  may  be  deemed  proper  by  the  superintendent  after  the 
latter  by  adequate  investigation  has  satisfied  himself  that  the  patient 
has  relatives  or  friends  who  are  able  and  willing  to  receive  and  care 
for  such  patient.  If,  during  such  release,  it  shall  appear  to  the 
superintendent  that  the  patient  should  be  discharged,  a  statement 
as  provided  in  section  1759  of  this  title  shall  be  filed  with  the  clerk 
of  the  court. 

1758.  Application  for  discharge  of  patient. — Any  person  inter- 
ested in  an  inmate  of  the  Corozal  Hospital,  who  believes  such  in- 
mate is  improperly  detained  therein,  may  make  application  to  the 
district  judge  for  the  discharge  of  such  patient.  Upon  receipt  of 
such  application  the  judge  shall  issue  an  order  to  the  superintendent 
of  Corozal  Hospital  to  make  a  report  on  the  patient's  condition,  and 
upon  the  receipt  of  such  report  shall  consider  the  case,  and,  in  his 
discretion,  may  grant  or  deny  the  application.  The  judge  may  cause 
the  patient  to  be  examined  by  two  competent  physicians,  who  shall 
report  in  writing  as  to  the  condition  of  the  patient. 

1759.  Discharge  of  patients. — Any  patients,  except  those  serving 
sentences  for  violation  of  the  criminal  laws  of  the  Canal  Zone, 
may  be  discharged  by  the  superintendent.  He  shall  file  with  the 
clerk  of  the  court  a  written  statement  that  in  his  judgment  such 
patient  has  recovered  or  that  the  discharge  will  not  be  detrimental 
or  dangerous  to  the  public  welfare  or  injurious  to  the  patient:  Pro- 
vided, That  before  discharging  any  patient  who  has  not  recovered, 
the  superintendent  shall  satisfy  himself  by  adequate  investigation 
that  the  relatives  or  friends  of  the  patient  are  able  and  willing  to 
receive  and  care  for  such  patient  or  that  suitable  measures  for 
deportation  have  been  taken. 

1760.  Committing  insane  prisoners  to  hospital;  discharge. — If 

any  person  confined  in  a  prison  or  penitentiary  under  the  sentence 
of  a  court  become  insane,  he  shall  be  committed  to  the  Corozal 
Hospital  by  the  judge  of  the  district  court.  In  all  such  cases  the 
provisions  of  sections  1751  to  1761  of  this  title,  relating  to  the  period 
of  observation  of  the  patient  and  the  trial  of  the  issue  as  to  his 
insanity,  shall  be  observed.  Whenever  a  person  is  committed  to  the 
Corozal  Hospital  under  the  provisions  of  this  section,  the  order  of 
commitment  issued  by  the  court  shall  include  a  statement  of  the 
offense  of  which  the  person  was  convicted,  the  term  of  his  imprison- 
ment, and  the  date  upon  which  said  term  is  to  expire.  Should  such 
person  be  discharged  from  the  Corozal  Hospital  before  the  date  of 
the  expiration  of  his  term  of  imprisonment,  he  shall  be  returned  to 
the  penal  institution  from  which  he  was  taken. 

1761.  No  repeal  of  provisions  respecting  inquiiy  into  insanity 
of  defendants. — Nothing  contained  in  sections  1751  to  17G0  of  this 
title  shall  be  construed  to  repeal  or  modify  the  provisions  of  title 

078 


TBS  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1771 


6,  The  Code  of  Criminal  Procedure,  relating  to  inquiry  into  the 
insanity  of  defendants  before  trial  or  after  conviction. 

Cross-Refere:nck 

Inquiry  into  sanity  of  defendants  before  trial  or  after  conviction,  see  title 
6.  sections  811  to  816. 

1762.  Receiving  patients  from  Panama  or  from  Army  or  other 
service  branch. — Insane  patients  from  the  Republic  of  Panama  may 
be  admitted  and  detained  in  the  Corozal  Hospital,  and  discharged 
therefrom,  in  accordance  with  the  existing  agreements  betAveen  the 
Canal  Zone  authorities  and  the  Panaman  authorities,  or  under  such 
changes  and  modifications  of  said  agreements  as  may  be  made  from 
time  to  time. 

The  superintendent  of  Corozal  Hospital  is  authorized  to  receive 
and  detain  as  patients,  insane  members  of  the  United  States  Army, 
Navy,  and  Marine  Corps,  and  beneficiaries  of  the  United  States 
Public  Health  Service,  for  observation  and  care  pending  their 
transfer  to  the  United  States,  upon  the  order  of  the  official  in  charge 
of  the  respective  service  in  the  Canal  Zone. 

1763.  Transfer  to  St.  Elizabeths  Hospital  of  American  citizens 
adjudged  insane. — Upon  the  application  of  the  Governor  of  the 
Panama  Canal  the  Secretary  of  the  Interior  is  authorized  to  transfer 
to  St.  Elizabeths  Hospital,  in  the  District  of  Columbia,  for  treat- 
ment, all  American  citizens  legally  adjudged  insane  in  the  Canal 
Zone  whose  legal  residence  in  one  of  the  States  and  Territories  or  the 
District  of  Columbia  it  has  been  impossible  to  establish.  Upon  the 
ascertainment  of  the  legal  residence  of  persons  so  transferred  to  the 
hospital,  the  superintendent  of  the  hospital  shall  thereupon  transfer 
such  persons  to  their  respective  places  of  residence,  and  the  expenses 
attendant  thereon  shall  be  paid  from  the  appropriation  for  the 
support  of  the  hospital.  (June  12,  1917,  ch.  27  sec.  1,  40  Stat.  179 
[U.S.  Code,  title  24,  sec.  196].) 

ARTICLE  3.— POWERS  AND  DUTIES  OF  GUARDIANS 


Sec. 

1771.  Guardian  to  pay  debts  of  ward  from 

ward's  estate. 

1772.  Guardian    to    recover    debts    due    his 

ward  and  represent  him. 

1773.  Guardian   to  manage  estate  frugally, 

maintain    ward   and   sell   or   mort- 
gage real  estate. 

1774.  Support  of  wife  from  her  estate. 

1775.  Maintenance,   support,   and   education 

of  ward,  how  enforced. 


Sec. 

1776.  Guardians,  powers  of,  in  partition. 

1777.  Inventory   of   ward's   estate ;    refusal 

of  guardian  to  return  inventory. 

1778.  Account  of  guardian. 

1779.  Allowance  of  accounts  of  joint  guard- 

ians. 

1780.  Expenses  and  compensation  of  guard- 

ians. 


1771.  Guardian  to  pay  debts  of  ward  from  ward's  estate. — Every 

guardian  appointed  under  the  provisions  of  this  chapter,  whether 
for  a  minor  or  any  other  person,  must  pay  all  just  debts  due  from 
the  ward  out  of  his  personal  estate  and  the  income  of  his  real  estate, 
if  sufficient;  if  not,  then  out  of  his  real  estate  upon  selling  or  mort- 
gaging it  and  disposing  of  the  proceeds  in  the  manner  provided  in 
sections  1791  to  1796  of  this  title. 

Ceoss-Re^feeencb 
Order  of  sale  of  property,  see  sections  1773,  and  1791  et  seq.,  of  this  title. 


57» 


T.  4,  §1772]  THE  CODE  OF  CIVIL  PROCEDURE 

1772.  Guardian  to  recover  debts  due  his  ward  and  represent 
him. — Every  guardian  must  settle  all  accounts  of  the  ward,  and 
demand,  sue  for,  and  receive  all  debts  due  to  him,  or  may,  with  the 
approbation  of  the  court,  compound  for  the  same  and  give  discharges 
to  the  debtor,  on  receiving  a  fair  and  just  dividend  of  his  estate  and 
effects;  and  he  must  appear  for  and  represent  his  ward  in  all  legal 
suits  and  proceedings,  unless  another  person  be  appointed  for  that 
purj)ose. 

Cboss-Refekences 

Appearance  by  guardians,  see  sections  127  and  177G  of  this  title. 
Appearance  in  magistrate's  court,  see  section  695  of  this  title. 
Powers  of  guardian  in  partition,  see  section  1776  of  this  title. 
Guardian  ad  litem,  see  sections  127,  128,  1694,  and  1732  of  this  title. 

1773.  Guardian  to  manage  estate  frugally,  maintain  ward,  and 
sell  or  mortgage  real  estate. — Every  guardian  must  manage  the 
estate  of  his  ward  frugally  and  without  waste,  and  apply  the  income 
and  profits  thereof,  so  far  as  may  be  necessary,  for  the  comfortable 
and  suitable  maintenance  and  support  of  the  ward  and  his  family, 
if  there  be  any;  and  if  such  income  and  profits  be  insufficient  for 
that  purpose,  the  guardian  may  sell  or  mortgage  the  real  estate,  as 
provided  in  this  title,  and  must  apply  the  proceeds  of  such  sale  or 
mortgage,  so  far  as  may  be  necessary,  for  the  maintenance  and 
sujDport  of  the  ward  and  his  family,  if  there  be  any. 

Cross-Refeeences 

Allowance  to  parent  for  support  of  child,  see  title  3,  section  171. 
Duty  of  parent  to  support  and  maintain  child,  see  title  3,  section  166. 
Maintenance  of  ward  out  of  income,  see  section  1730  of  this  title. 
Sale  of  property  and  disposition  of  proceeds,   see  sections  1791  et  seq.,  of 
this  title. 

1774.  Support  of  wife  from  her  estate. — If  the  husband  is  unable 
to  provide  suitably  for  the  care  or  support  of  a  wife  over  whose 
estate  a  guardian  has  been  appointed  by  reason  of  incompetency, 
the  expense  of  providing  such  care  or  support,  may,  to  the  extent 
necessary,  be  charged  against  and  defrayed  out  of  such  estate,  as 
previously  directed  by  the  court  or  as  subsequently  approved  by 
the  court  in  settling  the  accounts  of  the  guardian  of  the  estate;  for 
this  purpose  the  guardian  may  sell  or  mortgage  estate  of  the  ward 
as  provided  in  this  title. 

1775.  Maintenance,  support,  and  education  of  ward,  how- 
enforced. — When  a  guardian  has  advanced,  for  the  necessary  mainte- 
nance, support,  or  education  of  his  ward,  an  amount  not  dispro- 
portionate to  the  value  of  his  estate  or  his  condition  of  life,  and  the 
same  is  made  to  appear  to  the  satisfaction  of  the  court,  by  proper 
vouchers  and  proofs,  the  guardian  must  be  allowed  credit  therefor 
in  his  settlements.  Whenever  a  guardian  fails,  neglects,  or  refuses 
to  furnish  suitable  and  necessary  maintenance,  support,  or  education 
for  his  ward,  the  court  may  order  him  to  do  so,  and  enforce  such 
order  by  proper  process.  Whenever  any  third  person,  at  his  request, 
supplies  a  ward  with  such  suitable  and  necessary  maintenance,  sup- 


580 


THE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §  1777 

port,  or  education,  and  it  is  shown  to  have  been  done  after  refusal 
or  neglect  of  the  guardian  to  supply  the  same,  the  court  may  direct 
the  guardian  to  pay  therefor  out  of  the  estate,  and  enforce  such 
payment  by  due  process. 

Cross-Reference 

Duty  to  maintain  ward  out  of  proceeds,  see  sections  1730  and  1773  of  tliis 
title. 

1776.  Guardians,  powers  of,  in  partition. — The  guardian  may 
join  in  and  assent  to  a  partition  of  the  real  or  personal  estate  of  the 
ward,  wherever  such  assent  may  be  given  by  any  person :  Provided, 
That  such  assent  can  only  be  given  after  the  court  having  jurisdic- 
tion over  said  estate  shall  grant  an  order  conferring  such  authority, 
which  order  shall  only  be  made  after  a  hearing  in  open  court  upon 
the  petition  of  the  guardian  after  notice  of  at  least  ten  days,  mailed 
by  the  clerk  of  the  court  to  all  the  known  relatives  of  the  ward 
residing  in  the  Canal  Zone.  The  guardian  may  also  consent  to  a 
partition  of  the  real  or  personal  estate  of  his  ward  without  action, 
and  agree  upon  the  share  to  be  set  off  to  such  ward,  and  may  execute 
a  release  in  behalf  of  his  ward  to  the  owners  of  the  shares,  of  the 
parts  to  which  they  may  be  respectively  entitled,  upon  obtaining 
from  said  court  having  jurisdiction  over  said  estate,  authority  to  so 
consent  after  a  hearing  in  open  court  upon  the  petition  of  the 
guardian  after  notice  of  at  least  ten  days,  mailed  by  the  clerk  of  the 
court  to  all  the  known  relatives  of  the  ward  residing  in  the  Canal 
Zone. 

Cros  s-Re!fere  nob 

Appearence  by  guardian,  see  sections  127  and  1694  of  tlii;^  title. 

1777.  Inventory  of  ward's  estate;  refusal  of  guardian  to  return 
inventory. — Every  guardian  must  return  to  the  court  a  verified 
inventory  of  the  estate  of  his  ward  within  thirty  days  after  his 
appointment.  He  must  annually  thereafter,  and  at  such  other  times 
as  directed  by  the  court,  render  a  verified  account  of  the  estate  of  his 
ward.  All  the  estate  of  the  ward  described  in  the  first  inventory 
must  be  appraised  by  appraisers,  appointed,  sworn,  and  acting  in 
the  manner  provided  for  regulating  the  settlement  of  the  estates 
of  decedents.  Such  inventory,  with  the  appraisement  of  the  property 
therein  described,  must  be  recorded  by  the  clerk  of  the  court  in  a 
proper  book  kept  in  his  office  for  that  purpose.  Whenever  any 
other  property  of  the  estate  of  any  ward  is  discovered,  not  included 
in  the  inventory  of  the  estate  already  returned,  and  whenever  any 
other  property,  has  been  succeeded  to,  or  acquired  by  any  ward,  or 
for  his  benefit,  the  like  proceedings  must  be  had  for  the  return  and 
appraisement  thereof  and  the  service  of  the  same  as  are  herein  pro- 
vided in  relation  to  the  first  inventory  and  return.  If  within  the 
time  prescribed,  or  within  such  further  time,  not  exceeding  two 
months  which  the  court  or  judge  shall  for  reasonable  cause  allow,  the 
guardian  neglects  or  refuses  to  return  the  inventory  or  render  his 
account,  the  court  may,  upon  notice,  revoke  the  letters  of  guardian- 


581 


[T.  4,  §  1778] 


THE  CODE  OF  CIVIL  PROCEDURE 


ship  and  the  guardian  shall  be  liable  on  his  bond  for  any  injury  to 
the  estate,  or  any  person  interested  therein,  arising  from  such  failure. 

Cross-Reference 
Receiving  account  at  chambers,  see  section  27  of  this  title. 

1778.  Account  of  guardian. — The  guardian  must,  upon  the  expira- 
tion of  a  year  from  the  time  of  his  appointment  and  as  often 
thereafter  as  he  may  be  required,  present  his  account  to  the  court 
for  settlement  and  allowance.  The  termination  of  the  relation  of 
guardian  and  ward  by  the  death  of  either  guardian  or  ward  or  by 
the  ward  attaining  his  majority  or  being  restored  to  capacity  shall 
not  cause  the  court  to  lose  jurisdiction  of  the  proceeding  for  the 
purpose  of  settling  the  accounts  of  the  guardian, 

Ceoss-Refeeences 

Bond  as  requiring  accounting,  see  section  1727  of  this  title. 

Release  by  ward  after  attaining  majority,  see  title  3,  section  215. 

Guardian  not  discharged  until  year  after  majority,  see  title  3,  section  216. 

Relationship  confidential,  see  title  3,  section  209. 

Deceased  guardians,  account  of,  see  section  1585  of  this  title. 

1779.  Allowance  of  accounts  of  joint  guardians. — When  an 
account  is  rendered  by  two  or  more  joint  guardians,  the  court  may, 
in  its  discretion,  allow  the  same  upon  the  oath  of  any  of  them. 

1780.  Expenses  and  compensation  of  guardians. — Every  guard- 
ian must  be  allowed  the  amount  of  his  reasonable  expenses  incurred 
in  the  execution  of  his  trust,  and  he  must  also  have  such  compen- 
sation for  his  services  as  the  court  in  which  his  accounts  are  settled 
deems  just  and  reasonable.  He  must  also  be  allowed  all  reasonable 
and  proper  disbursements,  made  after  the  legal  termination  of  the 
guardianship,  but  while  that  relation,  by  consent  or  acquiescence  of 
the  parties,  still  subsists  in  fact,  and  before  the  discharge  of  the 
guardian  by  the  court,  and  which  were  made  by  the  consent,  express 
or  implied,  of  the  ward,  and  for  his  benefit  or  the  benefit  of  his 
estate. 

Ceoss-Reference 

Advances  made,  see  section  1775  of  this  title. 


ARTICLE  4. 


-SALE  OF  PROPERTY  AND  DISPOSITION  OF  THE 
PROCEEDS 


Sec. 
1791 


When   income   from   ward's   estate  Is 
insufficient. 

1792.  Application    of  proceeds   of   sales. 

1793.  Investment   of   proceeds  of  sales. 

1794.  Sales  of  property  to  conform  to  law 

governing  executor.s. 


Sec. 

1795.  Proceedings   for   completion   of   sales 

by  guardians. 

1796.  Court    may   order   the   investment   of 

money  of  the  ward. 


1791.  When  income  from  ward's  estate  is  insufficient. — When 
the  income  of  an  estate  under  guardianship  is  insufficient  to  maintain 
the  ward  and  his  family  or  to  maintain  and  educate  the  ward  when 
a  minor,  or  to  pay  for  his  care,  treatment,  and  support,  if  confined 
in  a  hospital  for  the  insane  in  the  Canal  Zone,  his  guardian  may 
sell  his  real  or  personal  estate,  or  mortgage  the  real  estate  for  that 


582 


TBB  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §  1796 

purpose  subject  to  confirmation  of  such  sale  or  mortgage  by  the 

court. 

Ckoss-Refeeence 

Power  of  guardian  to  sell  property,  see  section  1771  of  this  title. 

1792.  Application  of  proceeds  of  sales. — If  the  estate  is  sold  for 
the  purposes  mentioned  in  this  article,  the  guardian  must  apply  the 
proceeds  of  the  sale  to  such  purposes,  so  far  as  necessary,  and  put 
out  the  residue,  if  any,  on  interest,  or  invest  it  in  the  best  manner  in 
his  power,  until  the  capital  is  wanted  for  the  maintenance  of  the 
ward  and  his  family,  or  the  education  of  his  children,  or  for  the 
education  of  the  ward  when  a  minor,  in  which  case  the  capital  may 
be  used  for  that  purpose,  so  far  as  may  be  necessary,  in  like  manner 
as  if  it  had  been  personal  estate  of  the  ward. 

CrOS  S-REa?EEEN  CB 

Court  may  order  investment  of  money  of  ward,  see  section  1796  of  this  title. 

1793.  Investment  of  proceeds  of  sales. — If  the  estate  is  sold  for 
the  purpose  of  putting  out  or  investing  the  proceeds,  the  guardian 
must  make  the  investment  according  to  his  best  judgment,  or  in  pur- 
suance of  any  order  that  may  be  made  by  the  court. 

Cross-Reference 
Investment  of  money,  see  section  1796  of  this  title. 

1794.  Sales  of  property  to  conform  to  law  governing  executors. — 

All  the  proceedings  by  guardians  concerning  sales  of  property  of 
their  wards,  giving  notice  of  sale,  reselling  the  same  property,  return 
of  sale  and  application  for  confirmation  thereof,  notice  and  hearing 
of  such  application,  making  orders  rejecting  or  confirming  sales  and 
reports  of  sales,  ordering  and  making  conveyances  of  property  sold, 
allowance  of  commissions,  accounting  and  settlement  of  accounts, 
must  be  had  and  made  as  required  by  the  provisions  of  chapters  23 
to  35  of  this  title  concerning  estates  of  decedents,  unless  otherwise 
specially  provided  in  this  chapter.  All  known  relatives  of  the  ward 
within  the  third  degree  residing  in  the  Canal  Zone  whose  addresses 
are  known  to  the  guardian  shall  within  two  days  after  filing  of  the 
return  of  sale  be  served  by  mail  with  a  brief  notice  of  the  time  set 
for  hearing  of  the  return. 

Cross-Referench 
Settlement  of  accounts  after  letters  revoked,  see  section  1575  of  this  title. 

1795.  Proceedings  for  completion  of  sales  by  guardians. — All 

proceedings  for  the  completion  of  contracts  for  the  sale  of  real  estate 
by  guardians  must  be  had  and  made  as  required  by  the  provisions  of 
chapters  23  to  35  of  this  title  concerning  the  conveyance  of  real  estate 
by  executors  and  administrators  under  sections  1541  to  1551  of  this 
title,  and  said  sections  are  hereby  made  applicable  to  conveyances  by 
guardians  as  provided  by  section  1822  of  this  title. 

1796.  Court  may  order  the  investment  of  money  of  the  ward. — 

The  court,  on  the  application  of  a  guardian,  or  any  person  interested 

583 


T.  4,  §1801]  THE  CODE  OF  CIVIL  PROCEDURE 

in  the  estate  of  any  ward,  after  such  notice  to  persons  interested 
therein  as  the  court  shall  direct,  may  authorize  and  require  the 
guardian  to  invest  the  proceeds  of  sales,  and  any  other  of  his  ward's 
money  in  his  hands,  in  any  manner  most  to  the  interest  of  all  con- 
cerned therein,  and  the  court  may  make  such  other  orders  and  give 
such  directions  as  are  needful  for  the  management,  investment,  and 
disposition  of  the  estate  and  effects  as  circumstances  require. 

Cross-Refekences 

Investments  by  guardians,  see  section  1793  of  this  title. 
Application  of  proceeds  of  sales,  see  section  1792  of  this  title. 

ARTICLE  5.— NONRESIDENT  GUARDIANS  AND  WARDS 


Sec. 

1801.  Guardians  of  nonresident  persons. 

1802.  Powers  and  duties  of  guardians  ap- 

pointed under  preceding  section. 

1803.  Such  guardians  to  give  bonds. 

1804.  To  what  guardianship  shall  extend. 


Sec. 

1805.  Removal  of  nonresident  ward's  prop- 

erty. 

1806.  Proceedings  on  such  removal. 

1807.  Discharge  of  guardians. 


1801.  Guardians  of  nonresident  persons. — The  district  court  may 
appoint  a  guardian  of  the  person  and  estate,  or  either,  of  a  minor, 
insane,  or  incompetent  person,  who  has  no  guardian  within  the 
Canal  Zone,  legall}'^  appointed  by  will,  deed,  or  otherwise,  and  who 
resides  out  of  the  Canal  Zone,  and  has  estate  within  the  division 
or,  who,  though  not  having  such  estate,  is  within  the  division,  upon 
petition  of  any  friend  of  such  person  or  any  one  interested  in  his 
estate,  in  expectancy  or  otherwise.  Before  making  such  appoint- 
ment, the  court  must  cause  notice  to  be  given  to  all  persons  interested, 
in  such  manner  as  such  court  deems  reasonable. 

Cross-Refeeences 

Foreign  guardian,  see  section  1939  of  this  title. 

Appearance  by  guardian,  see  sections  127,  128,  1694,  1732,  and  1777  of  this 
title. 

Appointment  of  guardians  and  issuance  of  letters  at  chambers,  see  section 
27  of  this  title. 

1802.  Powers  and  duties  of  guardians  appointed  under  preceding- 
section. — Every  guardian,  appointed  under  the  next  preceding  sec- 
tion, has  the  same  powers  and  performs  the  same  duties,  with  respect 
to  the  estate  of  the  ward  found  within  the  Canal  Zone,  and  with 
respect  to  the  person  of  the  ward,  if  he  shall  come  to  reside  therein, 
as  are  prescribed  with  respect  to  any  other  guardian  appointed  under 
this  chapter. 

Cross-Referencb 

Powers  and  duties  of  guardians,  see  sections  1771  et  seq.,  of  this  title. 

1803.  Such  guardians  to  give  bonds.— Every  guardian  must  give 
bond  to  the  ward,  in  the  manner  and  with  the  like  conditions  as 
hereinbefore  provided  for  other  guardians,  except  that  the  provi- 
sions respecting  the  inventory,  the  disposal  of  the  estate  and  effects, 
and  the  account  to  be  rendered  by  the  guardian,  must  be  confined 
to  such  estate  and  effects  as  come  to  his  hands  in  the  Canal  Zone. 

CkOSS-ReI  Ei]?ENCE 

Bond,  see  section  1727  of  this  title. 

584 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1807 

1804.  To  what  guardianship  shall  extend. — The  guardianship 
which  is  first  hiwfully  granted  of  any  person  residing  out  of  the 
Canal  Zone  extends  to  all  the  estate  of  the  ward  within  the  Canal 
Zone. 

1805.  Removal  of  nonresident  ward's  property. — When  the 
guardian  and  ward  are  both  nonresidents,  and  the  ward  is  entitled 
to  property  in  the  Canal  Zone,  which  may  be  removed  to  a  State  or 
foreign  country  without  conflict  with  any  restriction  or  limitation 
thereupon,  or  impairing  the  right  of  the  ward  thereto,  such  property 
may  be  removed  to  the  State  or  foreign  coinitry  of  the  residence 
of  the  ward,  upon  the  application  of  the  guardian  to  the  division  of 
the  district  court  in  which  the  estate  of  the  ward,  or  the  principal 
part  thereof,  is  situated. 

1806.  Proceedings  on  such  removal. — The  application  must  be 
made  upon  ten  days'  notice  to  the  resident  executor,  administrator, 
or  guardian,  if  there  be  such,  and  upon  such  application  the  non- 
resident guardian  must  produce  and  file  a  certificate,  under  the 
hand  of  the  clerk  and  seal  of  the  court,  from  which  his  appointment 
was  derived,  showing — 

1.  A  transcript  of  the  record  of  his  appointment. 

2.  That  he  has  entered  upon  the  discharge  of  his  duties. 

3.  That  he  is  entitled,  by  the  laws  of  the  State,  of  his  appointment 
to  the  possession  of  the  estate  of  the  ward  or  must  produce  and  file 
a  certificate,  under  the  hand  and  seal  of  the  clerk  of  the  court  having 
jurisdiction  in  the  country  of  his  residence,  of  the  estates  of  persons 
under  guardianship,  or  of  the  highest  court  of  such  country,  attested 
by  a  minister,  consul,  or  vice  consul  of  the  United  States,  resident 
in  such  country,  that,  by  the  laws  of  such  country,  the  applicant 
is  entitled  to  the  custody  of  the  estate  of  his  ward,  without  the 
appointment  of  any  court.  Upon  such  application,  unless  good  cause 
to  the  contrary  is  shown,  the  court  must  make  an  order  granting  to 
such  guardian  leave  to  take  and  remove  the  property  of  his  ward 
to  the  State  or  places  of  his  residence,  which  is  authority  to  him  to 
sue  for  and  receive  the  same  in  his  own  name,  for  the  use  and  benefit 
of  his  ward. 

1807.  Discharge  of  guardians. — Such  order  is  a  discharge  of  the 
executor,  administrator,  local  guardian,  or  other  person  in  whose 
possession  the  property  may  be  at  the  time  the  order  is  made,  on 
filing  with  the  clerk  of  the  court  a  receipt  therefor  of  a  foreign 
guardian  of  such  absent  ward,  and  transmitting  a  duplicate  receipt, 
or  a  certified  copy  of  such  receipt,  to  the  court  from  which  such 
nonresident  guardian  received  his  appointment. 


93083—34 38  fJgS 


T.  4,  §  1811] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  6.— GENERAL  AND  MISCELLANEOUS   PROVISIONS 


Sec. 
1811. 


Examination  of  persons  suspected  of 
defrauding  wards  or  concealing 
property. 

1812.  Removal  and  resignation  of  guardian, 

and  surrender  of  estate. 

1813.  Guardlansliip,  how  terminated. 

1814.  New   bond,   when   required. 

1815.  Guardian's   bond   to  be  filed ;   action 

on. 

1816.  Limitation   of  actions  on  guardian's 

bond. 

1817.  Limitation  of  actions  for  the  recov- 

ery of  property  sold. 

1818.  More  than  one  guardian  of  a  person 

may  be  appointed. 


Sec. 

1819.  Order   appointing  guardian,   how  en- 

tered. 

1820.  Provisions   of   sections   902   and    963 

apply    to   guardians. 

1821.  Court    may   make   decree   authorizing 

guardian   to  make  conveyance   lor 
incompetent. 

1822.  Conveyance   by  guardian. 

1823.  Attorney's    fees    against   minor   fixed 

by  court ;  judgment  not  in  excess 
of  $500. 

1824.  Parent's    right   to   compromise   claim 

of  minor. 


1811.  Examination  of  persons  suspected  of  defrauding  wards  or 
concealing  property. — Upon  complaint  made  by  any  guardian,  ward, 
creditor,  or  other  person  interested  in  the  estate,  or  having  a  pros- 
pective interest  therein  as  heir  or  otherwise,  against  any  one  sus- 
pected of  having  concealed,  embezzled,  smuggled,  or  fraudulently 
disposed  of,  any  of  the  money,  goods,  or  effects,  or  an  instrument  in 
writing  belonging  to  the  ward  or  to  his  estate,  the  district  court  may 
cite  such  suspected  person  to  appear  before  such  court,  and  may 
examine  and  proceed  against  him  on  such  charge  in  the  manner 
provided  in  chapters  23  to  35  of  this  title,  with  respect  to  persons 
suspected  of  and  charged  with  concealing,  embezzling,  smuggling, 
or  fraudulently  disposing  of  the  effects  of  a  decedent. 

Cboss-Reterencb 
Embezzlement  of  property  of  estate,  see  sections  1451  et  seq.,  of  this  title. 

1812.  Removal  and  resignation  of  guardian,  and  surrender  of 
estate. — When  a  guardian,  appointed  either  by  the  testator  or  the 
court,  becomes  insane  or  otherwise  incapable  of  discharging  his  trust 
or  unsuitable  therefor,  or  has  wasted  or  mismanaged  the  estate,  or 
failed  for  thirty  days  to  render  an  account  or  make  a  return,  the 
district  court  may,  upon  such  notice  to  the  guardian  as  the  court  may 
require,  remove  him  and  compel  him  to  surrender  the  estate  of  the 
ward  to  the  person  found  to  be  lawfully  entitled  thereto.  Every 
guardian  may  resign  when  it  appears  proper  to  allow  the  same ;  and 
upon  the  resignation  or  removal  of  a  guardian,  as  herein  provided, 
the  court  may  appoint  another  in  the  place  of  the  guardian  who 
resigned  or  was  removed. 

Cboss-Refebenoes 

Removal  of  guardian  committed  for  contempt,  see  section  1003  of  this  title. 
Suspension  of  power  of  guardian,  see  title  3,  section  214. 
Grounds  for  removal  of  guardian,  see  title  3,  section  212. 

1813.  Guardianship,  how  terminated. — The  marriage  of  a  minor 
ward  terminates  the  guardianship  of  the  person  of  such  ward,  but 
not  the  estate;  and  the  guardian  of  an  insane  or  other  person  may 
be  discharged  by  the  court,  when  it  appears  on  the  application  of 
the  ward  or  otherwise,  that  the  guardianship  is  no  longer  necessary. 


686 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1820 

Ceoss-Refesences 

Termination  of  autliority,  see  section  1733  of  this  title. 
Suspension  of  power  of  guardian,  see  title  3,  section  214. 
Discharge  one  year  after  ward's  majority,  see  title  3,  section  216. 

1814.  New  bond,  when  required. — The  court  may  require  a  new 
bond  to  be  given  by  a  guardian  whenever  such  court  deems  it  neces- 
sary, and  may^  discharge  the  existing  sureties  from  further  liability, 
after  due  notice  given  as  such  court  may  direct,  when  it  shall  appear 
that  no  injury  can  result  therefrom  to  those  interested  in  the  estate. 

1815.  Guardian's  bond  to  be  filed;  action  on.— Every  bond  given 
by  a  guardian  must  be  filed  and  preserved  in  the  office  of  the  clerk 
of  the  district  court,  and  in  case  of  a  breach  of  a  condition  thereof, 
may  be  prosecuted  for  the  use  and  benefit  of  the  ward,  or  of  any 
person  interested  in  the  estate. 

Ceoss-Refekence 

Real  party  in  interest,  see  section  122  of  this  title. 

1816.  Limitation  of  actions  on  guardian's  bond. — No  action  can 
be  maintained  against  the  sureties  on  any  bond  given  by  a  guardian, 
unless  it  be  commenced  within  three  years  from  the  discharge  or 
removal  of  the  guardian;  but  if  at  the  time  of  such  discharge  the 
person  entitled  to  bring  such  action  is  under  any  legal  disability  to 
sue,  the  action  may  be  commenced  at  any  time  within  three  years 
after  such  disability  is  removed. 

1817.  Limitation  of  actions  for  the  recovery  of  property  sold. — 

No  action  for  the  recovery  of  any  estate,  sold  by  a  guardian,  can 
be  maintained  by  the  ward,  or  by  any  person  claiming  under  him, 
unless  it  is  commenced  within  three  years  next  after  the  termination 
of  the  guardianship,  or  when  a  legal  disability  to  sue  exists  by  reason 
of  minority  or  otherwise,  at  the  time  when  the  cause  of  action  ac- 
crues, within  three  years  next  after  the  removal  thereof. 

1818.  More  than  one  guardian  of  a  person  may  be  appointed. — 

The  court,  in  its  discretion,  whenever  necessary,  may  appoint  more 
than  one  guardian  of  any  person  subject  to  guardianship,  each  of 
whom  must  give  a  separate  bond,  and  be  governed  and  liable  in  all 
respects  as  a  sole  guardian. 

1819.  Order  appointing  guardian,  how  entered. — Any  order  ap- 
pointing a  guardian  becomes  a  decree  of  the  court  and  must  be  en- 
tered at  length  in  the  minute  book  of  the  court  or  must  be  signed 
by  the  judge  and  filed. 

The  provisions  of  chapters  23  to  35  of  this  title,  relative  to  the 
estates  of  decedents,  so  far  as  they  relate  to  the  practice  in  the  dis- 
trict court,  apply  to  proceedings  under  this  chapter. 

Ckoss-Refekencb 

Power  at  chambers,  see  section  27  of  this  title. 

1820.  Provisions  of  sections  962  and  963  apply  to  guardians. — 

The  provisions  of  sections  962  and  963  of  this  title  are  hereby  de- 


587 


T.  4,  §1821]  THE  CODE  OF  CIVIL  PROCEDURE 

Glared  to  appl}^  to  guardians  appointed  by  the  court,  and  to  the  bonds 
taken  or  to  be  taken  from  such  guardians,  and  to  the  sureties  on 
such  bonds. 

1821.  Court  may  make  decree  authorizing  guardian  to  make 
conveyance  for  incompetent. — When  a  person  who  is  bound  by  a 
contract  in  writing  to  convey  any  real  estate  shall  afterwards  and 
before  making  the  conveyance  become  and  be  adjudged  to  be  an 
incompetent  pereon,  the  court  may  make  a  decree  authorizing  and 
directing  his  guardian  to  convey  such  real  estate  to  the  person  entitled 
thereto.  Such  decree  may  be  made  under  the  provisions  of  sections 
1541  to  1551  of  this  title,  all  of  which  provisions  are  hereby  in- 
corporated in  this  section ;  the  word  "  incompetent "  being  .substi- 
tuted for  the  word  "  deceased  "  or  "  decedent  "  and  the  word  "  guard- 
ian "  being  substituted  for  the  words  "  administrator  "  or  "  execu- 
tor ",  respectively,  wherever  said  words  occur. 

1822.  Conveyance  by  guardian. — When  a  person  who  is  bound 
])y  contract  in  writing  to  convey  any  real  estate,  or  to  transfer  any 
personal  property,  dies  before  making  conveyance  or  transfer,  and 
in  all  cases  when  such  decedent,  if  living  might  be  compelled  to 
make  ,such  conversance  or  transfer,  the  court,  having  jurisdiction  of 
the  guardianship  proceedings  of  such  minor  may  make  a  decree 
authorizing  and  directing  the  guardian  of  any  minor,  who  has  suc- 
ceeded by  distribution  to  the  estate  of  such  deceased  person,  to  con- 
vey or  transfer  such  real  estate  or  personal  property  to  the  person 
entitled  thereto. 

1823.  Attorney's  fees  against  minor  fixed  by  court;  judgment 
not  in  excess  of  $.500. — All  contracts  for  attorney's  fees  made  by  or 
for  the  benefit  of  minors  shall  be  void,  and  whenever  a  judgment 
shall  be  recovered  by  or  on  behalf  of  a  minor,  the  attorney's  fees 
chargeable  against  said  minor  shall  be  fixed  by  the  court  in  which 
said  judgment  is  rendered;  and  if  said  judgment  is  for  money,  and 
there  is  no  general  guardian  of  said  minor,  one  shall  be  appointed 
by  the  court,  and  the  entire  amount  of  the  judgment  shall  be  paid  to 
and  shall  be  cared  for  by  such  general  guardian,  under  the  control 
of  the  court:  Provided,  That  where  a  minor  has  brought  an  action 
by  a  guardian  ad  litem  and  has  recovered  a  money  judgment  not  in 
excess  of  $500,  exclusive  of  costs,  and  the  guardian  ad  litem  is  a 
parent  or  blood  relative  of  said  minor,  then,  with  the  approval  of 
the  court  that  rendered  the  judgment  the  Avhole  amount  of  said 
judgment  may  be  paid  directly  to  such  guardian  ad  litem  without 
any  bond  being  required  therefor.  The  court  in  any  of  the  cases 
provided  for  herein  may  direct  the  amount  fixed  as  attorney's  fees  to 
be  paid  directly  to  the  attorney,  and  the  balance  to  be  paid  to  such 
guardian  ad  litem  of  said  minor,  or  to  the  general  guardian  of  said 
minor  if  a  general  guardian  has  been  appointed  or  is  required  by 
the  court. 

1824.  Parent's  right  to  compromise  claim  of  minor. — Where  a 
minor  shall  have  a  disputed  claim  for  money  against  a  third  person, 
the  father,  and  if  the  father  be  dead  or  has  deserted  or  abandoned 
the  minor,  then  the  mother  of  said  minor,  shall  have  the  right  to 

.588 


I 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1832 


compromise  such  claim,  but  before  the  compromise  shall  be  valid 
or  of  any  eilect  the  sauie  shall  be  approved  by  the  division  of  the 
district  court  where  the  minor  resides,  upon  a  verified  petition  in 
writing,  regularly  filed  with  said  court.  If  the  court  approves  such 
compromise,  the  said  district  court  may  direct  the  money  to  be  paid 
to  the  father  or  mother  of  such  minor,  with  or  without  the  filing  of 
any  bond,  or  it  maj'  require  a  general  guardian  or  guardian  ad  litem 
to  be  duly  appointed  and  the  money  to  be  paid  to  such  guardian  or 
guardian  ad  litem  with  or  without  a  bond  as  in  the  discretion  of  the 
court  seems  to  the  best  interests  of  said  minor.  The  clerk  of  the 
district  court  shall  not  charge  any  fee  for  filing  said  petition  for 
leave  to  compromise  or  for  placing  the  same  upon  the  calendar  to 
be  heard  bj'  the  court. 

CHAPTER  37.— ESTATES  OF  MISSING  PERSONS 


Sec. 

1S31.  Trustees    of    the    estates    of    missing 

persons ;    appointment    of,    by    the 

court. 


r  Sec. 

1832.  Bonds  to  be  given  by  trustees. 

1833.  Powers  and  duties   of  trustees 


Section  1831.  Trustees  of  the  estates  of  missing  persons;  ap- 
pointment of,  by  the  court. — Whenever  any  resident  of  the  Canal 
Zone,  who  owns  or  is  entitled  to  the  possession  of  any  real  or  per- 
sonal property  situate  therein,  is  missing,  or  his  whereabouts  un- 
known, for  ninety  days,  and  a  verified  petition  is  presented  to  the 
division  of  the  district  court  of  which  he  is  a  resident  by  his  wife  or 
any  of  his  family  or  friends,  representing  that  his  whereabouts  has 
been,  for  such  time,  and  still  is,  unknown,  and  that  his  estate  re- 
quires attention,  supervision,  and  care  of  ownership,  the  court  must 
order  such  petition  to  be  filed,  and  appoint  a  day  for  its  hearing, 
not  less  than  ten  days  from  the  date  of  the  order. 

Notice  and  hearing. — The  clerk  of  the  court  must  thereupon  pub- 
lish, for  at  least  ten  days  prior  to  the  day  so  appointed,  a  notice  in 
some  newspaper  of  general  circulation  in  the  Canal  Zone,  stating 
that  such  petition  will  be  heard  at  the  court  room  of  the  court  at  the 
time  appointed  for  the  hearing.  The  court  may  direct  further  notice 
of  the  application  to  be  given  in  such  manner  and  to  such  persons 
as  it  may  deem  proper.  At  the  time  so  fixed  for  such  hearing,  or  at 
any  subsequent  time  to  which  the  hearing  may  be  postponed,  the 
court  must  hear  the  petition  and  the  evidence  offered  in  support  of 
or  in  opposition  thereto,  and,  if  satisfied  that  the  allegations  thereof 
are  true,  and  that  such  person  remains  missing,  and  his  whereabouts 
unknown,  must  appoint  some  suitable  person  to  take  charge  and  pos- 
session of  such  estate,  and  manage  and  control  it  under  the  direction 
of  the  court. 

Pkeference  of  "WIFE  OR  NOMINEE. — In  appointing  a  trustee,  the 
court  must  prefer  the  wife  of  the  missing  person  (if  any  such  there 
is),  or  her  nominee,  and,  in  the  absence  of  a  wife,  some  person,  if 
such  there  is  who  is  willing  to  act,  entitled  to  participate  in  the 
distribution  of  the  missing  person's  estate  were  he  dead. 

1832.  Bonds  to  be  given  by  trustees. — Every  person  appointed 
under  the  provisions  of  the  next  preceding  section  must  give  bond 
in  the  amount  and  as  provided  for  in  section  1352  of  this  title. 


589 


T.  4,  §  1833] 


THE  CODE  OF  CIVIL  PROCEDURE 


1833.  Powers  and  duties  of  trustees. — The  trustee  must  take  pos- 
session of  the  real  and  personal  estate  in  the  Canal  Zone  of  such 
missing  person,  and  collect  and  receive  the  rents,  income,  and  pro- 
ceeds thereof,  collect  all  indebtedness  owing  to  him,  and  pay  the 
expenses  thereof  out  of  the  trust  funds,  and  pay  such  indebtedness 
of  the  missing  person  as  may  be  authorized  by  the  court.  The  court 
may  direct  the  trustee  to  pay  to  the  person  or  persons  constituting 
the  family  of  the  missing  person  such  sum  or  sums  of  money  for 
family  expenses  and  support  from  the  income  of  the  estate  as  it 
may,  from  time  to  time,  determine.  The  trustee  must,  from  time  to 
time,  when  directed  by  the  court,  account  to  and  with  it  for  all  his 
acts  as  trustee,  and  the  court  may,  at  any  time,  upon  good  cause 
shown,  remove  any  trustee,  and  appoint  another  in  his  place. 

CHAPTER  38.— EVIDENCE 


Art.  Sec. 

1.  General  definitions  and  divisions.  1S41 

2.  General    principles    of   evidence 1861 

3.  Kinds  and  degrees  of  evidence 1801 

4.  Production    of   evidence 12031 

5.  Effect  of  evidence 2131 


Art.  Sec. 

6.  Rights    and    duties    of   witnesses.     2141 

7.  Evidence  in  particular  cases,  and 

miscellaneous  and  general  pro- 
visions      2151 


ARTICLE  1.— GENERAL    DEFINITIONS    AND    DIVISIONS 


•ec. 


Sec. 

1849.  Direct  evidence  defined. 

1850.  Indirect  evidence  defined. 

1851.  Prima  facie  evidence  defined. 

1852.  Partial  evidence  defined. 

1853.  Indisponsable   evidence   defined. 

1854.  Conclusive  evidence  defined. 

1855.  Cumulative  evidence  defined. 

1856.  Corroborative  evidence  defined. 


1841.  Definition   of  evidence. 

1842.  Definition  of  proof. 

1843.  Definition    of   law   of   evidence. 

1844.  Degree   of   certainty   required   to   es- 

tablish facts. 

1845.  Four   kinds  of  evidence   specified. 

1846.  Several  degrees  of  evidence  speciQod. 

1847.  Primary  evidence  defined. 

1848.  Secondary  evidence  defined. 

Section  1841.  Definition  of  evidence. — Judicial  evidence  is  the 
means,  sanctioned  by  law,  of  ascertaining  in  a  judicial  proceeding 
the  truth  respecting  a  question  of  fact. 

1842.  Definition  of  proof. — Proof  is  the  effect  of  evidence,  the 
establishment  of  a  fact  by  evidence. 

CEOSS-REFEaiENCES 

Degree  required,  see  section  1844  of  tins  title. 
Order  of  proof,  soe  sections  4C1  uiid  2111  of  this  title. 
Extent  of  proof,  see  sections  ISSr?  and  1S87  of  this  title. 
Burden  of  proof,  see  sections  1887  and  2031  of  this  title. 

1843.  Definition  of  law  of  evidence. — The  law  of  evidence,  which 

is  the  subject  of  this  chapter,  is  a  collection  of  general  rules  estab- 
lished by  law — 

1.  For  declaring  what  is  to  be  taken  as  true  without  proof; 

2.  For  declaring  the  presumptions  of  law,  both  those  which  are 
disputable  and  those  which  are  conclusive;  and 

3.  For  the  production  of  legal  evidence; 

4.  For  the  exclusion  of  whatever  is  not  legal ; 

5.  For  determining,  in  certain  cases,  the  value  and  effect  of 
evidence. 


1844.  Degree  of  certainty  required  to  establish  facts. — The  law 

does  not  require  demonstration;  that  is,  such  a  degree  of  proof  as. 


590 


¥ 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §1850 

excluding  possibility  of  error,  produces  absolute  certainty;  because 
such  proof  is  rarely  possible.  Moral  certainty  only  is  required,  or 
that  degree  of  proof  which  produces  conviction  in  an  unprejudiced 
mind. 

Ceoss-Refhrence 

Proof,  see  section  1842  of  this  title. 

1845.  Four  kinds  of  evidence  specified. — There  are  four  kinds  of 
evidence — 

1.  The  knowledge  of  the  court. 

2.  The  testimony  of  witnesses. 

3.  Writings. 

4.  Other  material  objects  presented  to  the  senses. 

Ckos  s -References 

Knowledge  of  court,  see  section  1891  of  this  title. 
Witnesses,  see  sections  1901  et  seq.,  of  this  title. 
Writings,  see  sections  1911  et  seq.,  of  this  title. 
Other  material  objects,  see  section  1991  of  this  title. 

1846.  Several  degrees  of  evidence  specified. — There  are  several 
degrees  of  evidence : 

1.  Primary  and  secondary. 

2.  Direct  and  indirect. 

3.  Prima  facie,  partial,  satisfactory,  indispensable,  and  conclusive. 

1847.  Primary  evidence  defined. — Primary  evidence  is  that  kind 
of  evidence  which,  under  every  possible  circumstance,  affords  the 
greatest  certainty  of  the  fact  in  question.  Thus,  a  written  instru- 
ment is  itself  the  best  possible  evidence  of  its  existence  and  contents. 

1848.  Secondary  evidence  defined. — Secondary  evidence  is  that 
which  is  inferior  to  primar3\  Thus,  a  copy  of  an  instrument  or  oral 
evidence  of  its  contents  is  secondary  evidence  of  the  instrument  and 
contents. 

Cboss-Refekbnch 

Contents  of  a  writing,  see  sections  1872  to  1874  of  this  title. 

1849.  Direct  evidence  defined. — Direct  evidence  is  that  which 
proves  the  fact  in  dispute,  directlj^,  without  an  inference  or  pre- 
sumption, and  which  in  itself,  if  true,  conclusively  establishes  that 
fact.  For  example,  if  the  fact  in  dispute  be  an  agreement,  the  evi- 
dence of  a  witness  who  was  present  and  witnessed  the  making  of  it, 
is  direct. 

1850.  Indirect  evidence  defined. — Indirect  evidence  is  that  which 

tends  to  establish  the  fact  in  dispute  by  proving  another,  and  which, 
though  true,  does  not  of  itself  conclusively  establish  that  fact,  but 
which  affords  an  inference  or  presumption  of  its  existence.  For 
example,  a  witness  proves  an  admission  of  the  party  to  the  fact  in 
dispute.  This  proves  a  fact,  from  which  the  fact  in  dispute  is 
inferred. 

Cross-Rei'erence 

Indirect  evidence,  see  sections  2001  et  seq.,  of  this  title. 

691 


T.  4,  §1851]  THE  CODE  OF  CIVIL  PROCEDURE 

1851.  Prima  facie  evidence  defined. — Prima  facie  evidence  is  that 
which  suflSces  for  the  proof  of  a  particular  fact,  until  contradicted 
and  overcome  by  other  evidence.  For  example,  the  certificate  of  a 
recording  officer  is  prima  facie  evidence  of  a  record,  but  it  may  after- 
wards be  rejected  upon  proof  that  there  is  no  such  record. 

Cross-Reference 

Disputable  presumption,  see  section  2007  of  this  title. 

1852.  Partial  evidence  defined. — Partial  evidence  is  that  which 
goes  to  establish  a  detached  fact,  in  a  series  tending  to  the  fact 
in  dispute.  It  may  be  received,  subject  to  be  rejected  as  incompetent, 
unless  connected  with  the  fact  in  disj^ute  by  proof  of  other  facts. 
For  example,  on  an  issue  of  title  to  real  property,  evidence  of  the 
continued  possession  of  a  remote  occupant  is  partial,  for  it  is  of  a 
detached  fact,  wdiich  may  or  may  not  be  afterwards  connected  with 
the  fact  in  dispute. 

Cross-Reference 

Connected  with  a  fact  in  disi^ute,  see  section  1886  of  this  title. 

1853.  Indispensable  evidence  defined. — 'Indispensable  evidence  is 
that  without  which  a  particular  fact  cannot  be  proved. 

Ceoss-References 

Indispensable  evidence,  see  sections  2011  et  seq.,  of  this  title. 
Two  witnesses  to  prove  lost  will,  see  section  1262  of  this  title. 

1854.  Conclusive  evidence  defined. — Conclusive  or  unanswerable 

evidence  is  that  which  the  law  does  not  permit  to  be  contradicted. 
For  example,  the  record  of  a  court  of  competent  jurisdiction  cannot 
be  contradicted  by  the  parties  to  it. 

Cross-Reference 

Conclusive  evidence,  see  sections  1934,  2006,  and  2021  of  this  title. 

1855.  Cumulative  evidence  defined. — Cumulative  evidence  is  ad- 
ditional evidence  of  the  same  character,  to  the  same  point. 

1856.  Corroborative  evidence  defined. — Corroborative  evidence  is 
additional  evidence  of  a  different  character,  to  the  same  point. 


082 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  1864 


ARTICLE  2— GENERAL  PRINCIPLES  OF  EVIDENCE 


Spc. 

18G1 

18U12 


One  witness  sufficient  to  prove  a  fact. 
Testimony  conlincd  to  personal  linowl- 
etlge. 

1863.  Tesfiniony  to  be  in   presence  of  per- 

sons  aflfected. 

1864.  Witness  presumed  to  speak  tl.e  truth. 

1865.  Rights  of  one  person  not  affected  by 

act   of  another. 

1866.  Declarations    of   predecessor    in    title 

evidence. 

1867.  Declarations  which  are  a  part  of  the 

transaction. 

1868.  Evidence  relating  to  third  person. 

1869.  Declaration   of   decedent   evidence   of 

pedigree. 

1870.  Declaration     of     decedent     evidence 

against    his    successor    in    interest. 

1871.  When  part   of  a   transaction   proved, 

the  whole  is  admissible. 

1872.  Contents   of   writing,    how    proved. 

1873.  Proof  of  contents  of  lost  public  rec- 

ord or  document ;  abstract  of  title 
may  be  admitted  in  evidence. 

1874.  An    agreement     reduced     to    writing 

deemed   the  whole. 


Sec. 

1875.  Construction  of  language   relates   to 

place    where    used. 

1876.  Construction   of  statutes  and  instru- 

ments,  general    rule. 

1877.  Tl>e    intention    of    the    legislature   or 

parties. 

1878.  The   circumstances   to   be   considered. 

1879.  Terms  to   be  construed  in  their  gen- 

eral   acceptation. 

1880.  Written   words  control    tliose  printed 

in    a    blank    form. 

1881.  Persons    skilled    may    testify,    to    de- 

cipher cliaracters. 

1882.  Of     two     constructions,     wliich     pre- 

ferred. 

1883.  A    written    instrument    con.^trued    as 

understood  by  parties. 

1884.  Construction     in     favor     of     natural 

right    preferred. 

1885.  Material  allegation  only  to  be  proved. 

1886.  Evidence  confined  to  material  allega- 

tion. 

1887.  Affirmative  only  to  be  proved. 

1888.  Facts  which  may  be  proved  on  trial. 


1861.  One  witness  sufficient  to  prove  a  fact. — The  direct  evidence 
of  one  witness  who  is  entitled  to  full  credit  is  sufficient  for  proof  of 
any  fact,  except  perjury  and  treason. 

Cross-Rei-ekences 

Witnesses,  see  sections  1901  et  seq.,  of  ttiis  title. 

Two  witnesses  for  lost  will,  see  section  1262  of  this  title. 

Perjury  and  treason,  more  than  one  witness,  see  section  2012  of  this  title. 

1862.  Testimony  confined  to  personal  knowledge. — A  witness  can 
testify  of  those  facts  only  which  he  knows  of  his  own  knowledge; 
that  is,  which  are  derived  from  his  own  perceptions,  except  in  those 
few  express  cases  in  which  his  opinions  or  inferences,  or  the 
declarations  of  others,  are  admissible, 

CKOSS-REiEEENCE 

Opinions,  inferences,  declarations,  see  section  1888  of  this  title. 

1863.  Testimony  to  be  in  presence  of  persons  affected. — A  wit- 
ness can  be  heard  only  upon  oath  or  affirmation,  and  upon  a  trial  he 
can  be  heard  only  in  the  presence  and  subject  to  the  examination  of 
all  the  parties,  if  they  choose  to  attend  and  examine. 

Cros  s-References 

Administration  of  oath  or  affirmation,  see  sections  2171  to  2175  of  this  title. 
Examination  of  Avitnesses,  see  sections  2111  et  seq.,  of  this  title. 

1864.  Witness  presumed  to  speak  the  truth. — A  witness  is  pre- 
sumed to  speak  the  truth.  This  presumption,  however,  may  be  re- 
pelled by  the  manner  in  which  he  testifies,  by  the  character  of  his 
testimony,  or  by  evidence  affecting  his  character  for  truth,  honesty, 
or  integrity,  or  his  motives,  or  b}^  contradictory  evidence;  and  the 
jury  are  the  exclusive  judges  of  his  credibility. 

Cboss-References 

Impeaching  credit,  see  sections  2118,  2120,  and  2121  of  this  title. 
Evidence  of  good  character,  see  section  2122  of  this  title. 
Value  of  evidence,  see  section  2131  of  this  title. 


593 


T.  4,  §  1865]  TEE  CODE  OF  CIVIL  PROCEDURE 

1865.  Rights  of  one  person  not  aifected  by  act  of  another. — The 

rights  of  a  party  cannot  be  prejudiced  by  the  declaration,  act,  or 
omission  of  another,  except  by  virtue  of  a  particular  relation  between 
them;  therefore,  proceedings  against  one  cannot  affect  another. 

1866.  Declarations   of   predecessor   in   title   evidence. — Where, 

however,  one  derives  title  to  real  property  from  another,  the  declara- 
tion, act,  or  omission  of  the  latter,  while  holding  the  title,  in  relation 
to  the  property,  is  evidence  against  the  former. 

Cross-Reference 

Declarations  of  decedent,  see  section  1870  of  tliis  title. 

1867.  Declarations  which  are  a  part  of  the  transaction. — Where, 
also,  the  declaration,  act,  or  omission  forms  part  of  a  transaction, 
which  is  itself  the  fact  in  dispute,  or  evidence  of  that  fact,  such 
declaration,  act,  or  omission  is  evidence,  as  part  of  the  transaction. 

1868.  Evidence  relating  to  third  person. — And  where  the  ques- 
tion in  dispute  between  the  parties  is  the  obligation  or  duty  of  a 
third  person,  whatever  would  be  the  evidence  for  or  against  such 
person  is  prima  facie  evidence  between  the  parties. 

1869.  Declaration  of  decedent  evidence  of  pedigree. — The  decla- 
ration, act,  or  omission  of  a  member  of  a  family  who  is  a  decedent, 
or  out  of  the  jurisdiction,  is  also  admissible  as  evidence  of  common 
reputation,  in  cases  where,  on  questions  of  pedigree,  such  reputation 
is  admissible. 

Ceoss-Recference 

Evidence  of  pedigree,  see  section  1888  of  tliis  title. 

1870.  Declaration  of  decedent  evidence  against  his  successor  in 
interest. — The  declaration,  act,  or  omission  of  a  decedent,  having 
sufficient  knowledge  of  the  subject,  against  his  pecuniary  interest,  is 
also  admissible  as  evidence  to  that  extent  against  his  successor  in 
interest. 

Cross- REft'ERBNCEs 

Decedent's  declaration  against  interest,  see  section  1888  of  this  title. 
Entries  and  other  writings,  see  section  1978  of  this  title. 
Declaration  of  predecessor  in  title,  see  section  1866  of  this  title. 

1871.  When  part  of  a  transaction  proved,  the  whole  is  admis- 
sible.— When  part  of  an  act,  declaration,  conversation,  or  writing  is 
given  in  evidence  by  one  party,  the  whole  on  the  same  subject  may 
be  inquired  into  by  the  other ;  when  a  letter  is  read,  the  answer  may 
be  given;  and  when  a  detached  act,  declaration,  conversation,  or 
writing  is  given  in  evidence,  any  other  act,  declaration,  conversation, 
or  writing,  w^hich  is  necessary' to  make  it  understood,  may  also  be 
given  in  evidence. 

1872.  Contents  of  writing,  how  proved.— There  can  be  no  evi- 
dence of  the  contents  of  a  writing,  other  than  the  writing  itself, 
except  in  the  following  cases : 

1.  When  the  original  has  been  lost  or  destroyed;  in  which  case 
proof  of  the  loss  or  destruction  must  first  be  made. 

594 


THE  CODS  OF"  ClVlL  PROCEDURE  [T.  4,  §  1878 

2.  When  the  original  is  in  possession  of  the  party  against  whom 
the  evidence  is  offered,  and  he  fails  to  produce  it  after  reasonable 
notice. 

3.  When  the  original  is  a  record  or  other  document  in  the  custody 
of  a  public  officer. 

4.  When  the  original  has  been  recorded,  and  a  certified  copy  of  the 
record  is  made  evidence  by  this  title  or  other  statute. 

5.  When  the  original  consists  of  numerous  accounts  or  other  docu- 
ments, which  cannot  be  examined  in  court  without  great  loss  of  time, 
and  the  evidence  sought  from  them  is  only  the  general  result  of  the 
whole. 

In  the  cases  mentioned  in  subdivisions  3  and  4,  a  copy  of  the 
original,  or  of  the  record,  must  be  produced;  in  those  mentioned 
in  subdivisions  1  and  2,  either  a  copy  or  oral  evidence  of  the  contents. 

CeoS  S-RiaFEIREN  CES 

Contents  of  writing,  see  sections  1&6S)  and  2013  of  this  title. 
Lost  or  destroyed  instruments,  see  sections  951  and  1969  of  tliis  title. 
Writing  in  possession  of  adverse  party,  how  proved,  see  section  1970  of  this 
title. 
Public  writings,  generally,  see  sections  1921  et  seq.,  of  this  title. 
Affidavits,  see  sections  2071  et  seq.,  of  this  title. 
Certified  copies  of  records,  see  sections  1945  et  seq.,  of  this  title. 

1873.  Proof  of  contents  of  lost  public  record  or  document;  ab- 
stract of  title  may  be  admitted  in  evidence. — When,  in  any  action, 

it  is  desired  to  prove  the  contents  of  any  public  record  or  document 
lost  or  destroyed  by  conflagration  or  other  public  calamity  and  after 
proof  of  such  loss  or  destruction,  there  is  offered  in  proof  of  such 
contents  (a)  any  abstract  of  title  made  and  issued  and  certified  as 
correct  prior  to  such  loss  or  destruction,  and  purporting  to  have  been 
prepared  and  made  in  the  ordinary  course  of  business  by  any  person, 
firm,  or  corporation  engaged  in  the  business  of  preparing  and  making 
abstracts  of  title  prior  to  such  loss  or  destruction;  (b)  any  abstract 
of  title,  or  of  any  instrument  affecting  title,  made,  issued,  and  certified 
as  correct  by  any  person,  firm,  or  corporation  engaged  in  the  business 
of  insuring  titles  or  issuing  abstracts  of  title,  to  real  estate  whether 
the*  same  was  made,  issued,  or  certified  before  or  after  such  loss  or 
destruction  and  whether  the  same  was  made  from  the  original  records 
or  from  abstracts  and  notes,  or  either,  taken  from  such  records  in 
the  preparation  and  upkeeping  of  its,  or  his,  plant  in  the  ordinary 
course  of  its  business,  the  same  may,  without  further  proof,  be 
admitted  in  evidence  for  the  purpose  aforesaid. 

No  proof  of  the  loss  of  the  original  document  or  instrument  shall 
be  required  other  than  the  fact  that  the  same  is  not  known  to  the 
party  desiring  to  prove  its  contents  to  be  in  existence:  Provided, 
nevertheless,  That  any  party  so  desiring  to  use  said  evidence  shall 
give  reasonable  notice  in  writing  to  all  other  parties  to  the  action 
who  have  appeared  therein,  of  his  intention  to  use  the  same  at  the 
trial  of  said  action,  and  shall  give  all  such  other  parties  a  reasonable 
opportunity  to  inspect  the  same,  and  also  the  abstracts,  memoranda, 
or  notes  from  which  it  was  compiled,  and  to  take  copies  thereof. 


695 


T.  4,  §1874]  THE  CODE  OF  CIVIL  PROCEDURE 

1874.  An  agreement  reduced  to  writing  deemed  the  whole.— 

When  the  terms  of  an  agreement  have  been  reduced  to  writing  by  the 
parties,  it  is  to  be  considered  as  containing  all  those  terms,  and  there- 
fore there  can  be  between  the  parties  and  their  representatives,  or 
successors  in  interest,  no  evidence  of  the  terms  of  the  agreement  other 
than  the  contents  of  the  writing,  except  in  the  following  cases :  _ 

1.  Where  a  mistake  or  imperfection  of  the  writing  is  put  in  issue 
by  the  pleadings; 

2.  Where  the  validity  of  the  agreement  is  the  fact  in  dispute. 

But  this  section  does  not  exclude  other  evidence  of  the  circum- 
stances under  which  the  agreement  was  made  or  to  which  it  relates, 
as  defined  in  section  1878  of  this  title,  or  to  explain  an  extrinsic 
ambiguity,  or  to  establish  illegality  or  fraud.  The  term  agreement 
includes  deeds  and  wills,  as  well  as  contracts  between  parties. 

Cross-Refekences 

Writing  supersedes  oral  negotiations,  see  title  3,  section  887. 
Parol  evidence  to  vary  or  contradict  written  agreement,  see  title  3,  section  905. 
Fraud  or  mistake,  see  title  3,  section  906. 

Revision  and  reformation  of  contract  for  fraud  or  mistake,  see  title  3, 
sections  2711  to  2714. 

Circumstances  to  be  considered,  see  section  1878  of  this  title. 
Usage,  etc.,  see  section  1888  of  this  title. 

Conclusiveness  of  recitals  in  documents,  see  section  2006  of  this  title. 
Alterations  and  erasures,  see  section  2032  of  this  title. 

1875.  Construction  of  language  relates  to  place  where  used.— 

The  language  of  a  writing  is  to  be  interpreted  according  to  the 
meaning  it  bears  in  the  place  of  its  execution,  unless  the  parties 
have  reference  to  a  different  place. 

CROSS-REI'ERENCE 

Interpret:! tion  of  contract,  lex  loci,  see  title  3,  sectinn  012. 

1876.  Construction  of  statutes  and  instruments,  general  rule.— 

In  the  construction  of  a  statute  or  instrument,  the  office  of  the  judge 
is  simply  to  ascertain  and  declare  what  is  in  terms  or  in  substance 
contained  therein,  not  to  insert  what  has  been  omitted,  or  to  omit 
what  has  been  inserted;  and  where  there  are  several  provisions  or 
particulars,  such  a  construction  is,  if  possible,  to  be  adopted  as  will 

give  effect  to  all. 

Cross-references 

Giving  effect  to  all  of  contract,  see  title  3,  section  907. 
Interpretation  giving  effect  preferred,  see  title  3,  section  2863. 

1877.  The  intention  of  the  legislature  or  parties. — In  the  con- 
struction of  a  statute  the  intention  of  the  legishtture,  and  in  the 
construction  of  an  instrument  tlie  intention  of  the  parties,  is  to  be 
pursued,  if  possible;  and  when  a  general  and  a  particular  provision 
are  inconsistent,  the  latter  is  paramount  to  the  former.  So  a  par- 
ticular intent  will  control  a  general  one  that  is  inconsistent  with  it. 

Cboss-Rei'ekence 
Construction  of  this  title,  see  sections  4,  7,  and  8  of  this  title. 

596 


THE  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §1883 

1878.  The  circumstances  to  be  considered.— For  the  proper  con- 
struction of  ail  iiLstruiuent,  the  circumstances  under  which  it  was 
made,  inchiding  the  situation  of  the  subject  of  the  instrument,  and 
of  the  parties  to  it,  may  also  be  shown,  so  that  the  judge  be  placed 
in  the  position  of  those  whose  language  he  is  to  interpret. 

Cross-Refebknces 

Surrounding  circumstances  may  be  shown,  see  title  3,  section  913. 
Usage,  see  section  1888  of  this  title. 

1879.  Terms  to  be  construed  in  their  general  acceptation.— The 

terms  of  a  writing  are  presumed  to  have  been  used  in  their  primary 
and  general  acceptation,  but  evidence  is  nevertheless  admissible  that 
they  have  a  local,  technical,  or  otherwise  peculiar  signification,  and 
were  so  used  and  understood  in  the  particular  instance,  in  which 
case  the  agreement  must  be  construed  accordingly. 

Cboss-Reterences 

Technical  words,  construction,  see  section  7  of  this  title ;  and  title  3,  section 

911. 

Construction  of  ordinary  words  and  phrases,  see  section  7  of  this  title ;  and 

title  3,  section  910. 

Written   instrument  construed  as  understood   by   parties,   see   section   iSbrf 
of  this  title. 

Signification  of  tenns,  compare  title  3,  sections  910  and  9i]. 

1880.  Written  words  control  those  printed  in  a  blank  form.— 

When  an  instrument  consists  partly  of  w^ritten  words  and  \y<w'i\\ 
of  a  printed  form,  and  the  two  are  inconsistent,  the  former  controls 

the  latter. 

Cbos  s-Referen  ce 

Compare  title  3,  section  917. 

1881.  Persons   skilled  may   testify,   to  decipher  characters.— 

When  the  characters  in  which  an  instrument  is  written  are  diffi- 
cult to  be  deciphered,  or  the  language  of  the  instrument  is  not  under- 
stood by  the  court,  the  evidence  of  persons  skilled  in  deciphering 
the  characters,  or  who  understand  the  language,  is  admissible  to 
declare  the  characters  or  the  meaning  of  the  language. 

1882.  Of  two  constructions,  which  preferred.— When  the  terms 
of  an  agreement  have  been  intended  in  a  different  sense  by  the 
different  parties  to  it,  that  sense  is  to  prevail  against  either  party 
in  which  he  supposed  the  other  understood  it,  and  when  different 
constructions  of  a  provision  are  otherwise  equally  proper,  that  is  to 
be  taken  which  is  most  favorable  to  the  party  in  whose  favor  the 
provision  was  made. 

Cross-Reference 

Compare  title  3,  sections  915  and  920. 

1883.  A  written  instrument  construed  as  understood  by  par- 
ties.—A  written  notice,  as  well  as  every  other  writing,  is  to  be  con- 
strued according  to  the  ordinary  acceptation  of  its  terms.  Thus 
a  notice  to  the  drawers  or  indorsers  of  a  bill  of  exchange  or  promis- 
sory note,  that  it  has  been  protested   for  want  of  acceptance  or 

597 


a:.4,  818^]  THE  CODE  OF  CIVIL  PROCEDURE 

payment,  must  be  held  to  import  that  the  same  has  been  duly 
presented  for  acceptance  or  payment  and  the  same  refused,  and  that 
the  holder  looks  for  payment  to  the  person  to  whom  the  notice  is 
^ven. 

Cboss-Re^feebnce 

Ordinary  acceptation,  see  section  1879  of  this  title ;  and  title  3,  section  910. 

1884.  Construction  in  favor  of  natural  right  preferred. — ^When 

a  statute  or  instrument  is  equally  susceptible  of  two  interpretations, 
one  in  favor  of  natural  right,  and  the  other  against  it,  the  former 
is  to  be  adopted. 

1885.  Material  allegation  only  to  be  proved. — None  but  a  material 
allegation  need  be  proved. 

Cboss-Refebence 

Material  allegation,  defined,  see  section  261  of  this  title. 

1886.  Evidence  confined  to  material  allegation. — Evidence  must 
correspond  with  the  substance  of  the  material  allegations  and  be 
relevant  to  the  question  in  dispute.  Collateral  questions  must  there- 
fore be  avoided.  It  is,  however,  within  the  discretion  of  the  court 
to  permit  inquiry  into  collateral  fact,  when  such  fact  is  directly  con- 
nected with  the  question  in  dispute,  and  is  essential  to  its  proper 
determination  or  when  it  affects  the  credibility  of  a  witness. 

Cross-Reference 
Variance,  see  sections  271  et  seq.,  of  this  title. 

1887.  Affirmative  only  to  be  proved. — Each  party  must  prove 
his  own  affirmative  allegations.  Evidence  need  not  be  given  in  sup- 
port of  a  negative  allegation,  except  when  such  negative  allegation 
is  an  essential  part  of  the  statement  of  the  right  or  title  on  which  the 
cause  of  action  or  defense  is  founded,  nor  even  in  such  case  when  the 
allegation  is  a  denial  of  the  existence  of  a  document,  the  custody  of 
which  belongs  to  the  opposite  party. 

Ceoss-Refeebnce 
Burden  of  proof,  see  section  2031  of  this  title. 

1888.  Facts  which  may  be  proved  on  trial. — In  conformity  with 
the  preceding  provisions,  evidence  may  be  given  upon  a  trial  of  the 
following  facts : 

1.  The  precise  fact  in  dispute ; 

2.  The  act,  declaration,  or  omission  of  a  party,  as  evidence  against 
such  party; 

3.  An  act  or  declaration  of  another,  in  the  presence  and  within  the 
observation  of  a  party,  and  his  conduct  in  relation  thereto ; 

4.  The  act  or  declaration,  verbal  or  written,  of  a  deceased  person 
in  respect  to  the  relationship,  birth,  marriage,  or  death  of  any  person 
related  by  blood  or  marriage  to  such  deceased  person;  the  act  or 
declaration  of  a  deceased  person  done  or  made  against  his  interest  in 
respect  to  his  real  property;  and  also  in  criminal  actions,  the  act  or 
declaration  of  a  dying  person,  made  under  a  sense  of  impending 
death,  respecting  the  cause  of  his  death ; 

588 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1888 

5.  After  proof  of  a  partnership  or  agency,  the  act  or  declaration 
of  a  partner  or  agent  of  the  party,  within  the  scope  of  the  partner- 
ship or  agency,  and  during  its  existence.  The  same  rule  applies  to 
the  act  or  declaration  of  a  joint  owner,  joint  debtor,  or  other  person 
jointly  interested  with  the  party; 

6.  After  proof  of  a  conspiracy,  the  act  or  declaration  of  a  con- 
spirator against  his  coconspirator,  and  relating  to  the  conspiracy; 

7.  The  act,  declaration,  or  omission  forming  part  of  a  transaction 
as  explained  in  section  1867  of  this  title ; 

8.  The  testimony  of  a  witness  deceased,  or  out  of  the  jurisdiction, 
or  unable  to  testify,  given  in  a  former  action  between  the  same  par- 
ties, relating  to  the  same  matter ; 

9.  The  opinion  of  a  witness  respecting  the  identity  or  handwriting 
of  a  person,  when  he  has  knowledge  of  the  person  or  handwriting; 
his  opinion  on  a  question  of  science,  art,  or  trade,  when  he  is  skilled 
therein; 

10.  The  opinion  of  a  subscribing  witness  to  a  writing,  the  validity 
of  which  is  in  dispute,  respecting  the  mental  sanity  of  the  signer, 
and  the  opinion  of  an  intimate  acquaintance  respecting  the  mental 
sanity  of  a  person,  the  reason  for  the  opinion  being  given ; 

11.  Common  reputation  existing  previous  to  the  controversy,  re- 
specting facts  of  a  public  or  general  interest  more  than  thirty  years 
old,  and  in  cases  of  pedigree  and  boundary ; 

12.  Usage,  to  explain  the  true  character  of  an  act,  contract,  or 
instrument,  where  such  true  character  is  not  otherwise  plain;  but 
usage  is  never  admissible,  except  as  an  instrument  of  interpretation ; 

13.  Monuments  and  inscriptions  in  public  places,  as  evidence  of 
common  reputation;  and  entries  in  family  Bibles,  or  other  family 
books  or  charts ;  engravings  on  rings,  family  portraits,  and  the  like, 
as  evidence  of  pedigree; 

14.  The  contents  of  a  writing,  when  oral  evidence  thereof  is 
admissible; 

15.  Any  other  facts  from  which  the  facts  in  issue  are  presumed  or 
are  logically  inferable; 

16.  Such  facts  as  serve  to  show  the  credibility  of  a  witness,  as 
explained  in  section  1864  ®f  this  title. 

Cross-References 

Declarations  of  testator  inadmissible  to  show  intent,  see  title  3,  sections  572 
and  591. 

Explaining  contract  by  reference  to  circumstances,  see  title  3,  section  913. 

Offer  to  compromise,  see  section  2154  of  this  title. 

Declarations  of  decedent  evidence  against  successor,  see  section  1870  of  this 
title. 

Res  gestae,  see  section  1867  of  this  title. 

Evidence  as  to  pedigree,  see  section  1869  of  this  title. 

Contents  of  writings,  how  proved,  see  section  1872  of  this  title. 


599 


T.  4,  §  1891] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE  3.— KINDS  AND  DEGREES  OF  EVIDENCE 


A.  Knowledge  of  the  Couet 
Sec. 
1891.  Certain    facts    of    general    notoriety 

assumed   to   be   true ;   specification 

of  such    facts. 

B.  Witnesses 

1901.  Witnesses   defined. 

1902.  All  persons  capable  of  perception  and 

communication    may    be    witnesses. 

1903.  Persons  who  cannot  testify. 

1904.  Cases  In  wliich  witnesses  may  not  be 

examined. 

1905.  Judge  or  a  juror  may  be  a  witness. 

1906.  When  an  interpreter   to   be  sworn. 

C.  Writings  in  General 

1911.  Writings,  public  and  private. 

1912.  Public  writings  defined. 

1913.  All   others   private. 

D.  Public  Wkitings 

1921.  Public  officers  bound  to  give  copies. 

1922.  Four  kinds  of  public  writings. 

1923.  Written  laws  defined. 

1924.  Public  and  private  statutes  defined. 

1925.  Unwritten    law   defined. 

1926.  Books   containing   laws   presumed    to 

be  correct. 

1927.  Evidence  of   foreign    law. 

1928.  Other  evidence  of  laws  of  States. 

1929.  Recitals    in    statutes,    how    far    evi- 

dence. 

1930.  .Judicial  record  defined. 

1931.  Record,    how    authenticated    as    evi- 

dence. 

1932.  Record    of    a    foreign    country,    how 

authenticated. 

1933.  Copy  of  a  foreign  record,  when  evi- 

dence. 

1934.  Effect  of  a  judgment  upon  rights  In 

various  cases. 

1935.  Effect  of  other  judicial  orders,  when 

conclusive. 

1936.  Where  parties  are  to  be  deemed  the 

same. 

1937.  What  deemed  adjudged  in  a  judgment. 

1938.  Where    sureties    bound,    principal    is 

also. 

1939.  Record  of  State,  its  effect. 

1940.  Record  of  a  court  of  admiralty. 

1941.  Effect  of  a  foreign  judgment. 

1942.  Manner  of  impeacliing  a  record. 

1943.  The  jurisdiction  necessary  in  a  judg- 

ment. 

1944.  Manner  of  proving  other  oflicial  docu- 

ments. 

1945.  Public     record     of     private     writing 

evidence. 

1946.  Entries  in   official  books  prima  facie 

evidence. 

1947.  Justice's    judgment    in    States,    how 

proved. 

1948.  Same. 

1949.  Contents  of  other  official  certificates. 

1950.  Provisions  in  relation  to  public  writ- 

ings   of    States    apiily    to    those    of 
United  States  or  Territories. 

1951.  Entries    made    by    officers    or    boards 

prima  facie  evidence. 

1952.  Deed  evidence  of  transfer. 


E.  Private    Writings 
Sec. 

1961.  Private  writings  classified. 

1962.  Seal  defined. 

1963.  Seal,   what  is,  and   how  made. 

1964.  Effect  of  a  seal. 

1965.  Execution   of   an   instrument   defined. 

1966.  Compromise    of   a    debt   without    seal 

good. 

1967.  Subscribing  witness  defined. 

1968.  Books,   maps,   and  so   forth,   how  far 

evidence. 

1969.  Original    writing    to    he    produced    or 

accounted  for. 

1970.  When  in  possession  of  adverse  party, 

notice  to  be  given. 

1971.  Writings  called  for  and  inspected  may 

be  Vv'ithheld. 

1972.  Writing,   how   proved. 

1973.  Other  witnesses  may  also  testify. 

1974.  When     evidence     of     execution      not 

necessary. 

1975.  Evidence  of  handwriting. 

1976.  Evidence     of    handwriting    by    com- 

parison. 

1977.  Same ;    when    writing    more    than    30 

years  old. 

1978.  Entries    of    decedents ;    evidence    in 

specified  cases. 

1979.  Copies  of  entries  also  allowed. 

1980.  Private    writings,    how    proved. 

1981.  Removal  of  public  records. 

1982.  Instrument     conveying     or     affecting 

real   property  may  be  read  in  evi- 
dence. 

F.  Material    Ob.)ECt.s    Presented   to   the 

Senses  Other  than  Writings 

1991.  Material  objects. 

G.  Indirect    Evidence  ;     Inferences    and 

Presumptions 

2001.  Indirect   evidence  classified. 

2002.  Inference  defined. 

2003.  Presumption   defined. 

2004.  When    an    inference   arises. 

2005.  Presumptions    may    be    controverted, 

when. 

2006.  Specification    of   conclusive   presump- 

tions. 

2007.  All  other   presumptions   may   be  con- 

troverted. 

H.    Indispensable   Evidence 

2(111.  Indispensable   evidence,    what. 

2012.  To  prove  perjury  and   treason,   more 

than    one   witness   required. 

2013.  Will  to  be  in  writing. 

2014.  Will,    how    revoked. 

2015.  Transfer    of   real    property    to    be    in 

writing. 

2016.  I'recpdiug    section    not    to    extend    to 

certain   cases. 

2017.  Agreement    not   in   writing,   when   in- 

valid. 

2018.  Representation   of   credit  bv   writing. 


1.  CoxcLCSivE  OR  Unanswerable  Evidence 
2021.  Conclusive  or  unanswerable  evidence. 


A.   KNOWLEDGE  OF  THE  COURT 


1891.  Certain  facts  of  general  notoriety  assumed  to  be  true; 
specification  of  such  facts. — Courts  take  judicial  notice  of  the 
foUowiiiir  facts: 


600 


THE  CODE  OF  CIVIL  PROCEDURE  ]T.  4,  §  1903 

1.  The  true  sig:nification  of  all  English  words  and  phrases,  and  of 
all  legal  expressions; 

2.  Whatever  is  established  by  law; 

3.  Public  and  private  official  acts  of  the  legislative,  executive,  and 
judicial  departments  of  the  United  States; 

4.  The  seals  of  all  the  courts  of  the  Canal  Zone  and  of  the  United 
States ; 

5.  The  accession  to  ofllice  and  the  official  signatures  and  seals  of 
office  of  the  principal  officers  of  government  in  the  legislative,  execu- 
tive, and  judicial  departments  of  the  United  States; 

6.  The  existence,  title,  national  flag,  and  seal  of  every  state  or  sov- 
ereign recognized  by  the  executive  })ower  of  the  United  States; 

7.  The  seals  of  courts  of  admiralty  and  maritime  jurisdiction,  and 
of  notaries  public; 

8.  The  laws  of  nature,  the  measure  of  time,  and  the  geographical 
divisions  and  political  history  of  the  world. 

In  all  these  cases  the  court  may  resort  for  its  aid  to  appropriate 
books  or  documents  of  reference. 

Ceoss-Referencb 

Declaring  knowledge  of  court  to  jury,  see  section  2182  of  this  title. 

B.    WITNESSES 

1901.  Witnesses  defined. — A  witness  is  a  person  whose  declaration 
under  oath  is  received  as  evidence  for  any  purpose,  whether  such 
declaration  be  made  on  oral  examination,  or  by  deposition  or  affidavit. 

CRO  8  S-RHff'EBENCES 

Compare  section  2061  of  this  title. 

Rules  of  examination,  see  sections  1863,  and  2111  et  seq.,  of  this  title. 

1902.  All  persons  capable  of  perception  and  communication  may 
be  witnesses. — All  persons,  without  exception,  otherwise  than  is 
specified  in  the  two  sections  next  following,  who,  having  organs  of 
sense,  can  perceive,  and,  perceiving,  can  make  known  their  percep- 
tions to  others,  may  be  witnesses.  Therefore,  neither  parties  nor 
other  persons  who  have  an  interest  in  the  event  of  an  action  or  pro- 
ceeding are  excluded;  nor  those  who  have  been  convicted  of  crime; 
nor  persons  on  account  of  their  opinions  on  matters  of  religious  be- 
lief; although,  in  every  case  the  credibility  of  the  witness  ma}^  be 
drawn  in  question,  as  provided  in  section  1864  of  this  title. 

1903.  Persons  who  cannot  testify. — The  following  persons  can- 
not be  witnesses : 

1.  Those  who  are  of  unsound  mind  at  the  time  of  their  production 
for  examination. 

2.  Children  under  ten  years  of  age,  who  appear  incapable  of 
receiving  just  impressions  of  the  facts  respecting  which  they  are 
examined,  or  of  relating  them  truly. 

3.  Parties  or  assignors  of  parties  to  an  action  or  proceeding,  or 
persons  in  whose  behalf  an  action  or  proceeding  is  })rosecuted, 
against  an  executor  or  administrator  upon  a  claim,  or  demand  against 


9308.3—34 39 


w 


T.  4,  §  1904]  THE  CODE  OF  CIVIL  PROCEDURE 

the  estate  of  a  deceased  person,  as  to  any  matter  or  fact  occurring 
before  the  death  of  such  deceased  person. 

1904.  Cases  in  which  witnesses  may  not  be  examined. — There 
are  particular  relations  in  which  it  ig  the  policy  of  the  law  to  en- 
courage confidence  and  to  preserve  it  inviolate;  therefore,  a  person 
cannot  be  examined  as  a  witness  in  the  following  cases : 

1.  Husband  and  wife. — A  husband  cannot  be  examined  for  or 
against  his  wife  without  her  consent ;  nor  a  wife  for  or  against  her 
husband,  without  his  consent;  nor  can  either,  during  the  marriage 
or  afterward,  be,  without  the  consent  of  the  other,  examined  as  to 
any  communication  made  by  one  to  the  other  during  the  marriage ; 
but  this  exception  does  not  apply  to  civil  action  or  proceeding  by 
one  against  the  other,  nor  to  a  criminal  action  or  proceeding  for 
a  crime  committed  by  one  against  the  other ;  or  in  an  action  brought 
by  husband  or  wife  against  another  person  for  the  alienation  of 
the  affections  of  either  husband  or  wife  or  in  an  action  for  damages 
against  another  person  for  adultery  committed  by  either  husband 
or  wife. 

2.  Attorney  and  client. — An  attorney  cannot,  without  the  con- 
sent of  his  client,  be  examined  as  to  any  communication  made  by 
the  client  to  him,  or  his  advice  given  thereon  in  the  course  of  profes- 
sional employment;  nor  can  an  attorney's  secretary,  stenographer, 
or  clerk  be  examined,  without  the  consent  of  his  employer,  concern- 
ing any  fact  the  knowledge  of  which  has  been  acquired  in  such 
capacity. 

3.  CoNEESsoR  AND  CONFESSANT. — A  clergyman  or  priest  cannot, 
without  the  consent  of  the  person  making  the  confession,  be  exam- 
ined as  to  any  confession  made  to  him  in  his  professional  character 
in  the  course  of  discipline  enjoined  by  the  church  to  which  he  belongs. 

4.  Physician  and  patient. — A  licensed  physician  or  surgeon  can- 
not, without  the  consent  of  his  patient,  be  examined  in  a  civil  action 
as  to  any  information  acquired  in  attending  the  patient,  which  was 
necessary  to  enable  him  to  prescribe  or  act  for  the  patient :  Provided, 
however,  That  after  the  death  of  the  patient,  the  executor  of  his 
will,  or  the  administrator  of  his  estate,  or  the  surviving  spouse  of 
the  deceased,  or,  if  there  be  no  surviving  spouse,  the  children,  of 
the  deceased  personally,  or,  if  minors,  by  their  guardian,  may  give 
such  consent,  in  any  action  or  proceeding  brought  to  recover  dam- 
ages on  account  of  the  death  of  the  patient :  Provided  further,  That 
where  any  person  brings  an  action  to  recover  damages  for  personal 
injuries,  such  action  shall  be  deemed  to  constitute  a  consent  by  the 
person  bringing  such  action  that  any  physician  who  has  prescribed 
for  or  treated  said  person  and  whose  testimony  is  material  in  said 
action  shall  testify:  And  jrr'ovided  further,  That  the  bringing  of  an 
action  to  recover  for  the  death  of  a  patient,  by  the  executor  of  his 
will,  or  by  the  administrator  of  his  estate,  or  by  the  surviving  spouse 
of  the  deceased,  or  if  there  be  no  surviving  spouse,  by  the  children 
personally,  or,  if  minors,  by  their  guardian,  shall  constitute  a  con- 
sent by  such  executor,  administrator,  surviving  spouse,  or  children 
or  guardian,  to  the  testimony  of  any  physician  who  attended  said 
deceased. 

602 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  1922 

5.  Public  officer. — A  public  officer  cannot  be  examined  as  to  com- 
munications made  to  him  in  official  conlidence,  when  the  public 
interest  would  suffer  by  the  disclosure. 

1905.  Judge  or  a  juror  may  be  a  witness. — The  judge  himself, 

or  any  juror,  may  be  called  as  a  witness  by  either  party;  but  in  such 
case  it  is  in  the  discretion  of  the  court  or  judge  to  order  the  trial  to 
be  postponed  or  suspended,  and  to  take  place  before  another  judge 

or  jury. 

Cboss-Refekexce 

Magistrate  as  witness,  see  sectiou  682  of  tliis  title. 

1906.  When  an  interpreter  to  be  sworn. — When  a  witness  does 
not  understand  and  speak  the  English  language,  an  interpreter  must 
be  sworn  to  interpret  for  him.  Any  person,  a  resident  of  the  proper 
division  or  subdivision,  may  be  summoned  by  any  court  or  judge  to 
appear  before  such  court  or  judge  to  act  as  interpreter  in  any  action 
or  proceeding.  The  summons  must  be  served  and  returned  in  like 
manner  as  a  subpena.  Any  person  so  smnmoned  who  fails  to  attend 
at  the  time  and  place  named  in  the  summons,  is  guilty  of  a 
contempt. 

Cboss-Reifekences 

Coutempt,  see  section  1163  of  tliis  title. 
Subpena,  see  sections  2041  et  seq.,  of  this  title. 

C.   WRITINGS  IN  GENERAL 

1911.  Writings,  public  and  private. — Writings  are  of  two  kinds: 

1.  Public;  and, 

2.  Private. 

1912.  Public  writings  defined. — Public  writings  are: 

1.  The  written  acts  or  records  of  the  acts  of  the  sovereign  author- 
ity, of  official  bodies  and  tribunals,  and  of  public  officers,  legislative, 
judicial,  and  executive,  whether  of  the  Canal  Zone,  of  the  United 
States,  of  a  State  of  the  United  States,  or  of  a  foreign  country ; 

2.  Public  records,  kept  in  the  Canal  Zone,  of  private  writings. 

1913.  All  others  private. — All  other  writings  are  private. 

D.    PUBLIC   W^RITINGS 

1921.  Public  officers  bound  to  give  copies. — Every  public  officer 
having  the  custody  of  a  public  writing,  which  a  citizen  has  a  right  to 
inspect,  is  bound  to  give  him,  on  demand,  a  certified  copy  of  it,  on 
payment  of  the  legal  fees  therefor,  and  such  copy  is  admissible  as 
evidence  in  like  cases  and  with  like  effect  as  the  original  writing. 

1922.  Four  kinds  of  public  writings. — Public  writings  are  divided 
into  four  classes : 

1.  Laws; 

2.  Judicial  records; 

3.  Other  official  documents; 

4.  Public  records,  kept  in  the  Canal  Zone,  of  private  writings. 

Cboss-Refekencb 
Public  writings  defined,  see  section  1912  of  this  title. 

603 


T.  4,  §  1923]  THE  CODE  OF  CIVIL  PROCEDURE! 

1923.  Written  laws  defined.— A  written  law  is  that  which  is  pro- 
miilg-ated  in  writing-,  and  of  vrhich  a  record  is  in  existence. 

1924.  Public  and  private  statutes  defined. — Statutes  are  public  or 
private.  A  private  statute  is  one  which  concerns  only  certain  desig- 
nated individuals,  and  affects  only  their  jirivate  rights.  All  other 
statutes  are  public,  in  which  are  included  statutes  creating  c-r  affect- 
ing cori)orations. 

1925.  Unwritten  law  defined. — Unwritten  law  is  the  law  not  pro- 
mulgated and  recorded,  as  mentioned  in  section  1923  of  this  title,  but 
which  is,  nevertheless,  observed  and  administered  in  the  courts  of  the 
United  States.  It  has  no  certain  repository,  but  is  collected  from  the 
reports  of  the  decisions  of  the  courts,  and  the  treatises  of  learned  men. 

1926.  Books  containing  laws  presumed  to  be  correct. — Books 

printed  or  published  under  the  authority  of  a  State  or  foreign  coun- 
try, and  purporting  to  contain  the  statutes,  code,  or  other  written  law 
of  such  State  or  country,  or  proved  to  be  commonly  admitted  in  the 
tribunals  of  such  State  or  countr}-  as  evidence  of  the  written  law 
thereof,  are  admissible  in  the  Canal  Zone  as  evidence  of  such  Jaw. 

Cross-References 

Resort  to  books,  see  section  1891  of  this  title. 
Authority  of  Ixioks,  see  section  2007  of  this  title. 

1927.  Evidence  of  foreign  law. — A  copy  of  the  written  law  or 
other  public  writing  of  any  State  or  country,  attested  by  the  certifi- 
cate of  the  officer  having  charge  of  the  original,  under  the  public  seal 
of  the  State  or  country,  is  admissible  as  evidence  of  such,  law  or 
writing. 

Cross-Refebence 

Manner  of  proving  foieign  ofJid.il  dor-unients.  see  section  1944  of  this  title. 

1928.  Other  evidence  of  laws  of  States. — The  oral  testimony  of 

witnesses  skilled  therein  is  admissible  as  evidence  of  the  imwritten 
law  of  a  State  or  foreign  coinitry,  as  are  also  printed  and  published 
books  of  reports  of  decisions  of  the  coui'ts  of  such  State  or  country, 
or  proved  to  be  commonly  admitted  in  such  courts. 

1929.  Recitals  in  statutes,  how  far  evidence. — The  recitals  in  a 
public  statute  are  conclusive  evidence  of  the  facts  recited  for  the  j)ur- 
])ose  of  carrying  it  into  effect,  but  no  further.  The  recitals  in  a  pj'i- 
vate  statute  are  conchisive  evidence  betAveen  parties  who  chiini  uiuler 
its  provisions,  but  no  further. 

1930.  Judicial  record  defined. — A  judicial  record  is  the  record  or 
official  entrv  of  the  proceedings  in  a  court  of  justice,  or  of  the  official 
act  of  a  judicial  officer,  in  an  action  or  si)ecial  proceeding. 

Ceoss-Refewence 
Judgment  roll,  see  section  r>47  of  this  title. 

1931.  Record,  how  authenticated  as  evidence.— A  judicial  record 
of  the  Canal  Zone,  or  of  the  United  States,  nuiy  be  proved  by  tiie  pro- 

604 


TBE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §1934 

(iiu'tion  of  the  original,  or  by  a  copy  thereof,  certified  by  the  cknk  or 
other  person  having  a  legal  custotly  thereof.  That  of  a  State  may  be 
provetl  by  the  attestation  of  the  clerk  and  the  seal  of  the  court  an- 
nexed, if  there  be  a  clerk  and  seal,  together  with  a  certificate  of  the 
chief  judge  or  presiding  magistrate,  that  the  attestation  is  in  due 

form. 

Cross-Reference 

Certificate,  .see  .sectiou  1919  of  tliis  title. 

1932.  Record    of   a    foreign    country,    how    authenticated.— A 

judicial  record  of  a  foreign  counry  niRy  be  proved  by  the  attestation 
of  the  clerk,  Avith  the  seal  of  the  court  annexed,  if  there  be  a  clerk 
and  a  seal,  or  of  the  legal  keeper  of  the  record  with  the  seal  of  his 
office  annexed,  if  there  be  a  seal,  together  with  a  certificate  of  the 
chief  judge,  or  presiding  magistrate,  that  the  person  making  tlie 
attestation  is  the  clerk  of  the  court  or  the  legal  keeper  of  the  record, 
and,  in  either  case,  that  the  signature  of  such  person  is  genuine,  and 
that  the  attestation  is  in  due  form.  The  signature  of  the  chief  judge 
or  presiding  magistrate  must  be  authenticated  by  the  certificate  of 
the  minister  or  ambassador,  or  a  consul,  vice  consul,  or  consular  agent 
of  the  United  States  in  such  foreign  country, 

Cross-Reference 

Certificate,  see  section  1949  of  tliis  title. 

1933.  Copy  of  a  foreign  record,  when  evidence. — A  copy  of  the 

judicial  record  of  a  foreign  country  is  also  admissible  in  evidence, 
upon  proof — 

1.  That  the  copy  offered  has  been  compared  by  the  witness  v^dth 
the  original,  and  is  an  exact  transcript  of  the  whole  of  it; 

2.  That  such  original  was  in  the  custody  of  the  clerk  of  the  court 
or  other  legal  keeper  of  the  same ;  and 

3.  That  the  cop}^  is  duly  attested  by  a  seal  which  is  proved  to  be 
the  seal  of  the  court  where  the  record  remains,  if  it  be  the  record  of 
a  court;  or  if  there  be  no  such  seal,  or  if  it  be  not  a  record  of  a  court, 
by  the  signature  of  the  legal  keeper  of  the  original. 

1934.  Effect  of  a  judgment  upon  rights  in  various  cases. — The 

effect  of  a  judgment  or  final  order  in  an  action  or  special  proceeding 
before  a  court  or  judge  of  the  Canal  Zone,  is  as  follows : 

1.  In  case  of  a  judgment  or  order  against  a  specific  thing,  or  in 
respect  to  the  probate  of  a  will,  or  the  administration  of  the  estate 
of  a  decedent,  or  in  respect  to  the  personal,  political,  or  legal  condi- 
tion or  relation  of  a  particular  person,  the  judgment  or  order  is 
conclusive  upon  the  title  to  the  thing,  the  will,  or  administration,  or 
the  condition  or  relation  of  the  person. 

2.  In  other  cases,  the  judgment  or  order  is,  in  respect  to  the  matter 
directly  adjudged,  conclusive  between  the  parties  and  their  successors 
in  interest  by  title  subsequent  to  the  commencement  of  the  action  or 
special  proceeding,  litigating  for  the  same  thing  under  the  same 
title  ancl  in  the  same  capacity,  provided  they  have  notice,  actual  or 
constructive,  of  the  pendency  of  the  action  or  proceeding. 


60p 


T.4,  §  1935]  THE  CODE  OF  CIVIL  PROCEDURE 

Cboss-Refebencks 

Surety  bound  by  record,  see  section  1938  of  this  title. 

Validity  of  judgment  founded  on  service  by  publication,  see  section  168  of 
this  title. 

Probate  and  administration,  etc.,  see  section  1257  of  this  title. 

Presumption  that  judicial  record  correctly  determines  rights,  see  section  2007 
of  this  title. 

Jurisdiction  necessary  in  a  judgment,  see  section  1943  of  this  title. 

1935.  Effect  of  other  judicial  orders,  when  conclusive. — Other 

judicial  orders  of  a  court  or  judge  of  the  Canal  Zone,  create  a  dis- 
putable presumption,  according  to  the  matter  directly  determined, 
between  the  same  parties  and  their  representatives  and  successors  in 
interest  by  title  subsequent  to  the  commencement  of  the  action  or 
special  proceeding,  litigating  for  the  same  thing  under  the  same  title 
and  in  the  same  capacity. 

Ceoss-Refeeences 

Disputable  presumptions,  see  section  2007  of  this  title. 
Conclusiveness  of  orders,  see  section  2006  of  this  title. 

1936.  Where  parties  are  to  be  deemed  the  same. — The  parties 

are  deemed  to  be  the  same  when  those  between  whom  the  evidence 
is  offered  were  on  opposite  sides  in  the  former  case,  and  a  judgment 
or  other  determination  could  in  that  case  have  been  made  between 
them  alone,  though  other  parties  were  joined  with  both  or  either. 

1937.  What  deemed  adjudged  in  a  judgment. — That  only  is 
deemed  to  have  been  adjudged  in  a  former  judgment  which  appears 
upon  its  face  to  have  been  so  adjudged,  or  which  was  actually  and 
necessarily  included  therein  or  necessary  thereto. 

1938.  Where  sureties  bound,  principal  is  also. — Whenever,  pur- 
suant to  sections  1934  to  1937  of  this  title,  a  party  is  bound  by  a 
record,  and  such  party  stands  in  the  relation  of  a  surety  for  another, 
the  latter  is  also  bound  from  the  time  that  he  has  notice  of  the  action 
or  proceeding,  and  an  opportunity  at  the  surety's  request  to  join  in 
the  defense. 

1939.  Record  of  State,  its  effect. — The  effect  of  a  judicial  record 
of  a  State  is  the  same  in  the  Canal  Zone  as  in  the  State  where  it 
was  made,  except  that  it  can  only  be  enforced  here  by  an  action  or 
special  proceeding,  and  except,  also,  that  the  authority  of  a  guardian 
or  committee,  or  of  an  executor  or  administrator,  does  not  extend 
beyond  the  jurisdiction  of  the  government  under  which  he  was 
invested  with  his  authority. 

Cboss  Refekence 
Effect  of  foreign  judgment,  see  section  1941  of  this  title. 

1940.  Record  of  a  court  of  admiralty. — The  effect  of  the  judicial 
record  of  a  court  of  admiralty  of  a  foreign  country  is  the  same  as  if 
it  were  the  record  of  a  court  of  admiralty  of  the  United  States. 

1941.  Effect  of  a  foreign  judgment. — A  final  judgment  of  any 
other  tribunal  of  a  foreign  country  having  jurisdiction,  according 

606 


THE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §  1944 

to  the  laws  of  such  country,  to  pronounce  the  judgment,  shall  have 
the  same  effect  as  in  the  country  where  rendered,  and  also  the  same 
effect  as  final  judgments  rendered  in  the  Canal  Zone. 

Ckoss-Rbterbnce 
Effect  of  a  judicial  record  of  a  State,  see  section  1939  of  this  title. 

1942.  Manner  of  impeaching  a  record.— Any  judicial  record  may 
be  impeached  by  evidence  of  a  want  of  jurisdiction  m  the  court 
or  judicial  officer,  of  collusion  between  the  parties,  or  of  fraud  in 
the  party  offering  the  record,  in  respect  to  the  proceedings. 

1943.  The  jurisdiction  necessary  in  a  judgment.— The  jurisdic- 
tion sufficient  to  sustain  a  record  is  jurisdiction  over  the  cause,  over 
the  parties,  and  over  the  thing,  when  a  specific  thing  is  the  subject 
of  the  judgment. 

1944.  Manner  of  proving  other  official  documents.— Other  official 
documents  may  be  proved,  as  follows: 

1.  Acts  of  the  executive  of  the  Canal  Zone,  by  the  records  of  his 
office;  and  of  the  United  States,  by  the  records  of  the  state  depart- 
ment of  the  United  States,  certified  by  the  heads  of  those  depart- 
ments, respectively.  They  may  also  be  proved  by  public  documents 
printed  by  order  of  the  executive  or  Congress,  or  either  house  thereof. 

2.  The  proceedings  of  Congress,  by  the  journals  of  that  body, 
or  either  house  thereof,  or  by  published  statutes  or  resolutions,  or  by 
copies  certified  by  the  clerk  or  printed  by  their  order. 

3.  The  acts  of  the  executive,  or  the  proceedings  of  the  legislature 
of  a  State,  in  the  same  manner. 

4.  The  acts  of  the  executive,  or  the  proceedings  of  the  legislature 
of  a  foreign  country,  by  journals  published  by  their  authoritj^,  or 
commonly  received  in  that  country  as  such,  or  by  a  copy  certified 
under  the  seal  of  the  country  or  sovereign,  or  by  a  recognition 
thereof  in  some  public  act  of  the  executive  of  the  United  States. 

5.  Documents  of  any  other  class  in  the  Canal  Zone,  by  the  original, 
or  by  a  copy,  certified  by  the  legal  keeper  thereof. 

6.  Documents  of  any  other  class  in  a  State,  by  the  original,  or  by 
a  copy,  certified  by  the  legal  keeper  thereof,  together  with  the  cer- 
tificate of  the  secretary  of  state,  judge  of  the  supreme,  superior,  or 
county  court,  or  mayor  of  a  city  of  such  State,  that  the  copy  is 
duly  certified  by  the  officer  having  the  legal  custody  of  the  original. 

7.  Documents  of  any  other  class  in  a  foreign  country,  by  the 
original,  or  by  a  copy,  certified  by  the  legal  keeper  thereof,  with  a 
certificate,  under  seal,  of  the  country  or  sovereign,  that  the  document 
is  a  valid  and  subsisting  document  of  such  country,  and  the  copy 
is  duly  certified  by  the  officer  having  the  legal  custody  of  the 
original. 

8.  Documents  in  the  departments  of  the  United  States  Govern- 
ment, by  the  certificates  of  the  legal  custodian  thereof. 

Cross- Refebences 

Certificate,  see  section  1949  of  this  title. 

Evidence  of  foreign  laws,  see  sections  1926  to  1928  of  this  title. 

eo7 


T.  4,  §1945]  THE  CODE  OF  CIVIL  PROCEDURE 

1945.  Public  record  of  private  writing  evidence. — A  public  rec- 
ord of  a  private  writ  in  <i:  may  be  proved  b}'  the  original  record, 
or  by  a  copy  thereof,  certified  by  the  legal  keeper  of  the  record. 

1946.  Entries  in  official  books  prima  facie  evidence. — Entries  in 
public  or  other  official  books  or  records  made  in  the  performance  of 
his  duty  by  a  public  officer  of  the  Canal  Zone,  or  by  another  person 
in  the  performance  of  a  duty  specially  enjoined  by  law,  are  prima 
facie  evidence  of  the  facts  stated  therein. 

Cross-Refeeences 

Official  documents,  proof  of,  see  section  1944  of  this  titlo. 
Entries  by  officers,  see  section  1951  of  this  title. 

1947.  Justice's  judgment  in  States,  how  proved. — A  transcript 
from  the  record  or  docket  of  a  justice  of  the  peace  of  a  State,  of  a 
judgment  rendered  by  him,  of  the  proceedings  in  the  action  before 
the  judgment,  of  the  execution  and  return,  if  any,  subscribed  by  the 
justice  and  verified  in  the  manner  prescribed  in  the  section  next 
following,  is  admissible  evidence  of  tlie  facts  stated  therein. 

1948.  Same. — There  must  be  attached  to  the  transcript  a  certifi- 
cate of  the  justice  that  the  transcript  is  in  all  respects  correct,  and 
that  he  had  jurisdiction  of  the  action,  and  also  a  further  certificate 
of  the  clerk  or  jDrothonotary  of  the  county  in  which  the  justice  resided 
at  the  time  of  rendering  the  judgment,  under  the  seal  of  the  county, 
or  the  seal  of  the  court  of  common  pleas  or  county  court  thereof, 
certifying  that  the  person  subscribing  the  transcript  was.  at  the 
date  of  the  judgment,  a  justice  of  the  peace  in  the  county,  and  that 
the  signature  is  genuine.  Such  judgment,  proceedings,  and  jurisdic- 
tion may  also  be  proved  by  the  justice  himself,  on  the  production  of 
his  docket,  or  b^'-  a  copy  of  the  judgment,  and  his  oral  examination 
as  a  witness. 

Cross-Refekences 

Compare  section  1872  of  this  title. 
Certificate,  see  section  1949  of  this  title. 

1949.  Contents  of  other  official  certificates. — Whenever  a  copy  of 
a  writing  is  certified  for  the  purpose  of  evidence,  the  certificate  must 
state  in  substance  that  the  copy  is  a  correct  copy  of  the  original,  or  of 
a  specified  part  thereof,  as  the  case  may  be.  The  certificate  must  be 
under  the  official  seal  of  the  certifying  officer,  if  there  be  any,  or  if 
he  be  the  clerk  of  a  court  having  a  seal,  under  the  seal  of  such  court. 

CROfiS-REFEUENCE 

Seal  to  ccrtiticate,  see  section  25  of  this  title. 

1950.  Provisions  in  relation  to  public  writings  of  States  apply 
to  those  of  United  States  or  Territories. — The  provisions  of  the 
preceding  sections  of  this  article  applicable  to  the  public  writings  of 
a  State,  are  equally  applicable  to  the  j)ublic  writings  of  the  United 
States  or  a  Territory  of  the  United  States. 

1951.  Entries  made  by  officers  or  boards  prima  facie  evidence. — 

An  entry  made  by  an  officer,  or  board  of  officers,  or  under  the  direc- 


THE  CODE  OF  Civil.  PROVEDURE  [T.  4.  §  19G8 

tion  and  in  (he  presence  of  either,  in  the  course  of  official  duty,  is 
prima  facie  evidence  of  the  facts  stated  in  such  entry. 

Cboss-Re:ferenck 
Entries  hy  olficors  as  ovidoiicc,  see  sec-tion  1916  of  this  title. 

1952.  Deed  evidence  of  transfer. — A  deed  of  conveyance  of  real 
l)roperty,  purporting  to  have  been  executed  by  a  proper  officer  in 
pursuance  of  legal  process  of  the  district  court,  or  the  record  of  such 
deed,  or  a  certified  copy  of  such  record  is  prima  facie  evidence  that 
the  property  or  interest  therein  described  was  thereby  conveyed  to 
the  grantee  named  in  such  deed. 

E,   PRIVATE  WRITINGS 

1961.  Private  writings  classified. — Private  writings  are  either — 

1.  Sealed;  or 

2.  Unsealed. 

1962.  Seal  defined. — A  seal  is  a  particular  sign  made  to  attest,  in 
the  most  formal  manner,  the  execution  of  an  instrument. 

1963.  Seal,  what  is,  and  how  made. — A  public  seal  in  the  Canal 
Zone  is  a  stamp  or  impression  made  by  a  public  officer  with  an  instru- 
ment provided  by  law,  to  attest  the  execution  of  an  official  or  public 
document,  upon 'the  paper,  or  upon  any  substance  attached  to  the 
paper,  which  is  capable  of  receiving  a  visible  impression.  A  private 
seal  may  be  made  in  the  same  manner  by  any  instrument,  or  it  may 
be  made  by  the  scroll  of  a  pen,  or  by  writing  the  word  "seal" 
against  the*^  signature  of  the  writer.  A  scroll  or  other  sign,  made  in 
a  State  or  foreign  country,  and  there  recognized  as  a  seal,  must  be 
so  regarded  in  the  Canal  Zone. 

1964.  Effect  of  a  seal. — There  shall  be  no  difference  hereafter,  in 
the  Canal  Zone,  between  sealed  and  unsealed  writings.  A  writing 
under  seal  may  therefore  be  changed,  or  altogether  discharged  by  a 
writing  not  under  seal. 

Cross-Reference 

Corresponding  provisions,  see  title  .3,  section  890. 

1965.  Execution  of  an  instrument  defined. — The  execution  of  an 
instrument  is  the  subscribing  and  delivering  it,  with  or  without  affix- 
ing a  seal. 

1966.  Compromise  of  a  debt  without  seal  good.— An  agreement, 
in  writing,  without  a  seal,  for  the  compromise  or  settlement  of  a 
debt,  is  as  obligatory  as  if  a  seal  were  affixed. 

Ckoss-Refekence 

Proceedings  on  offer  of  defendant  to  compromise,  see  section  911  of  this  title. 

1967.  Subscribing  witness  defined. — A  subscribing  witness  is  one 

who  sees  a  writing  executed  or  hears  it  acknowledged,  and  at  the 
request  of  the  party  thereupon  signs  his  name  as  a  witness. 

1968.  Books,  maps,  etc.,  how  far  evidence. — Historical  works, 
books  of  science  or  art,  and  published  maps  or  charts,  when  made 


T.4,  §  1969]  THE  CODE  OF  CIVIL  PROCEDURE 

by  persons  indifferent  between  the  parties,  are  prima  facie  evidence 
of  facts  of  general  notoriety  and  interest. 

Cboss-Refkbences 

Books  as  aid  to  court,  see  section  1891  of  this  title. 
Books  as  evidence,  see  section  1926  of  this  title. 
Presumptions  as  to  books,  see  section  2007  of  tliis  title. 

1969.  Original  writing  to  be  produced  or  accounted  for. — The 

original  writing  must  be  produced  and  proved,  except  as  provided 
in  sections  1872  and  1945  of  this  title.  If  it  has  been  lost,  proof  of 
the  loss  must  first  be  made  before  evidence  can  be  given  of  its  con- 
tents. Upon  such  proof  being  made,  together  with  proof  of  the  due 
execution  of  the  writing,  its  contents  may  be  proved  by  a  copy,  or 
by  a  recital  of  its  contents  in  some  authentic  document,  or  by  the 
recollection  of  a  witness,  as  provided  in  section  1872. 

Cros&-Referencb 

Contents  of  writing,  how  proved,  see  section  1872  of  this  title. 

1970.  When  in  possession  of  adverse  party,  notice  to  be  given. — 

If  the  writing  be  in  the  custody  of  the  adverse  party,  he  must  first 
have  reasonable  notice  to  produce  it.  If  he  then  fail  to  do  so,  the 
contents  of  the  writing  may  be  proved  as  in  case  of  its  loss.  But 
the  notice  to  produce  it  is  not  necessary  where  the  writing  is  itself 
a  notice,  or  where  it  has  been  wrongfully  obtained  or  withheld  by 
the  adverse  party. 

Cboss-Retekenoes 

Contents  of  writing,  how  proved,  see  section  1872  of  this  title. 
Demanding  inspection  of  writing,  see  section  921  of  this  title. 

1971.  Writings  called  for  and  inspected  may  be  withheld. — 

Though  a  writing  called  for  by  one  party  is  produced  by  the  other, 
and  is  thereupon  inspected  by  the  party  calling  for  it,  he  is  not 
obliged  to  produce  it  as  evidence  in  the  case. 

CEOSfe-REFEKENCE 

Writings  shown  to  witness,  see  section  2123  of  this  title. 

1972.  Writing,  how  proved.— Any  writing  may  be  proved  either— 

1.  By  anyone  who  saw  the  writing  executed ; 

2.  By  evidence  of  the  genuineness  of  the  handwriting  of  the 
maker;  or 

3.  By  a  subscribing  witness. 

CR0SS-RE3^RENCB8 

On  contest  of  will,  see  section  1234  of  this  title. 

Handwriting,  proof  of  instrument  by,  see  title  3,  sections  504  and  505. 
Proof  of  instrument  by  subscribing  witness,  see  title  3,  sections  501  to  503. 
Instrument,  how  proved  where  not  acknowledged,  see  title  3,  section  501. 
Instrument,  how  proved  where  acknowledged,  see  section  1980  of  this  title. 

1973.  Other  witnesses  may  also  testify.— If  the  subscribing  wit- 
ness denies  or  does  not  recollect  the  execution  of  the  writing,  its  ex- 
ecution may  still  be  proved  by  other  evidence. 

eio 


THE  CODE  OF  CIVIL  PROCEDURE  [T.4,  §  1980 

1974.  When  evidence  of  execution  not  necessary. — Where,  how- 
ever, evidence  is  given  that  the  party  against  whom  the  writing  is 
offered  has  at  any  time  admitted  its  execution  no  other  evidence  of 
the  execution  need  be  given,  when  the  instrument  is  one  mentioned 
in  section  1977  of  this  title,  or  one  produced  from  the  custody  of  the 
adverse  party,  and  has  been  acted  upon  by  him  as  genuine. 

1975.  Evidence  of  handwriting. — The  handwriting  of  a  person 
may  be  proved  by  any  one  who  believes  it  to  be  his,  and  who  has 
seen  him  write,  or  has  seen  writings  purporting  to  be  his,  upon  which 
he  has  acted  or  been  charged,  and  who  has  thus  acquired  a  knowledge 
of  his  handwriting. 

1976.  Evidence  of  handwriting  by  comparison. — Evidence  re- 
specting the  handwriting  may  also  be  given  by  a  comparison,  made 
by  the  witness  or  the  jury,  with  writings  admitted  or  treated  as  gen- 
uine by  the  party  against  whom  the  evidence  is  offered,  or  proved  to 
be  genuine  to  the  satisfaction  of  the  judge. 

1977.  Same;  when  writing  more  than  thirty  years  old. — Where 

a  writing  is  more  than  thirty  years  old,  the  comparisons  may  be 
made  with  writings  purporting  to  be  genuine,  and  generally  re- 
spected and  acted  upon  as  such,  by  persons  having  an  interest  in 
knowing  the  fact. 

CBOSS-BEFEatBNCB 

Presumption  as  to  ancient  writing,  see  section  2007  of  this  title. 

1978.  Entries  of  decedents;  evidence  in  specified  cases. — The 

entries  and  other  writings  of  a  decedent,  made  at  or  near  the  time 
of  the  transaction,  and  in  a  position  to  know  the  facts  stated  therein, 
may  be  read  as  prima  facie  evidence  of  the  facts  stated  therein,  in 
the  following  cases — 

1.  When  the  entry  was  made  against  the  interest  of  the  person 
making  it. 

2.  When  it  was  made  in  a  professional  capacity  and  in  the  ordi- 
nary course  of  professional  conduct. 

3.  When  it  was  made  in  the  performance  of  a  duty  specially 
enjoined  by  law. 

Ceoss-Refeeenob 

Altered  writings,  see  section  2032  of  this  title. 

1979.  Copies  of  entries  also  allowed. — When  an  entry  is  repeated 
in  the  regular  course  of  business,  one  being  copied  from  another  at 
or  near  the  time  of  the  transaction,  all  the  entries  are  equally  re- 
garded as  originals. 

1980.  Private  writings,  how  proved. — Every  private  writing,  ex- 
cept last  wills  and  testaments,  may  be  acknowledged  or  proved 
and  certified  in  the  manner  provided  in  chapter  22  of  title  3,  and  the 
certificate  of  such  acknowledgment  or  proof  is  prima  facie  evidence 
of  the  execution  of  the  writing,  in  the  same  manner  as  if  it  were  a 
conveyance  of  real  property. 

Cboss-Refebence 
For  chapter  22,  see  title  3,  sections  491  et  seq. 

8U 


T.  4,  §1981]  THE  CODE  OF  CIVII,  PROCEDURE 

1981.  Removal  of  public  records. — The  record  of  a  conveyance 

of  real  property,  or  any  other  record,  a  transcript  of  which  is  admis- 
sible in  evidence,  must  not  be  removed  from  the  office  where  it  is 
kept,  except  upon  the  order  of  a  court,  in  cases  where  the  inspec- 
tion of  the  record  is  shown  to  be  essential  to  the  just  determination 
of  the  cause  or  proceeding  pending,  or  where  the  court  is  held  in 
the  same  building  with  such  office. 

1982.  Instrument  conveying  or  affecting  real  property  may  be 
read  in  evidence. — Every  instrument  conveying  or  affecting  real 
property,  acknoAvledged  or  proved  and  certified,  as  provided  in 
Title  3,  The  Civil  Code,  may  together  with  the  certificate  of  acknowl- 
edgment or  proof,  be  read  in  evidence  in  an  action  or  proceeding, 
without  further  proof;  also,  the  original  record  of  such  conveyance 
or  instrument  thus  acknowledged  or  proved,  or  a  certified  copy  of 
the  record  of  such  conveyance  or  instrument  thus  acknowledged  or 
proved,  may  be  read  in  evidence,  with  the  like  effect  as  the  original 
instrument,  without  further  proof. 

r.   MATERIAL  OBJECTS  PRESENTED  TO  THE  SENSES  OTHER  THAN  WRITIXOS 

1991.  Material  objects. — Whenever  an  object,  cognizable  by  the 
senses,  has  such  a  relation  to  the  fact  in  dispute  as  to  afford  reason- 
able grounds  of  belief  respecting  it,  or  to  make  an  item  in  the  sum 
of  the  evidence,  such  object  may  be  exhibited  to  the  jury,  or  its 
existence,  situation,  and  character  may  be  proved  by  witnesses. 
The  admission  of  such  evidence  must  be  regulated  by  the  sound 
discretion  of  the  court. 

G.  INDIRECT  EVIDENCE  ;  INFERENCES  AND  PRESUMPITONS 

2001.  Indirect  evidence  classified. — Indirect  evidence  is  of  two 
kinds — 

1.  Inferences;  and 

2.  Presumptions. 

2002.  Inference  defined. — An  inference  is  a  deduction  which  the 
reason  of  the  jury  makes  from  the  facts  proved,  without  an  express 
direction  of  law  to  that  effect. 

2003.  Presumption  defined. — A  presumption  is  a  deduction  which 
the  law  expressly  directs  to  be  made  from  particular  facts. 

2004.  When  an  inference  arises. — An  inference  must  be  founded— 

1.  On  a  fact  legally  proved;  and 

2.  On  such  a  deduction  from  that  fact  as:  is  warranted  by  a  con- 
sideration of  the  usual  propensities  or  passions  of  men,  the  particular 
{propensities  or  passions  of  the  person  whose  act  is  in  question,  the 
course  of  business,  or  the  course  of  nature. 

2005.  Presumptions  may  be  controverted,  when. — A  presump- 
tion, unless  declared  by  law  to  be  conclusive,  may  be  controverted 
by  other  evidence,  direct  or  indirect ;  but  unless  so  controverted  the 
jury  are  bound  to  find  according  to  the  presumption. 

2006.  Specification  of  conclusive  presumptions.— The  following 

presumptions,  and  no  others,  are  deemed  conclusive: 

612 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2007 

1.  A  malicious  and  guilty  intent,  from  the  deliberate  commission 
of  an  unlawful  act,  for  the  purpose  of  injuring  another; 

2.  The  truth  of  the  facts  recited,  from  the  recital  in  a  written 
instrument  between  the  parties  thereto,  or  their  successors  in  inter- 
est by  a  subsequent  title ;  but  this  rule  does  not  apply  to  the  recital 
of  a  consideration; 

3.  Whenever  a  party  has,  by  his  own  declaration,  act,  or  omission, 
intentionally  and  deliberately  led  another  to  believe  a  particular 
thing  true  and  to  act  upon  such  belief,  he  cannot,  in  any  litigation 
arising  out  of  such  declaration,  act,  or  omission,  be  permitted  to 
falsify  it; 

4.  A  tenant  is  not  permitted  to  deny  the  title  of  his  landlord  at 
the  time  of  the  commencement  of  the  relation; 

5.  The  issue  of  a  wife  cohabiting  with  her  husband,  who  is  not 
impotent,  is  indisputably  presumed  to  be  legitimate; 

6.  The  judgment  or  order  of  a  court,  when  declared  by  this  title 
to  be  conclusive;  but  such  judgment  or  order  must  be  alleged  in  the 
pleadings  if  there  be  an  opportunity  to  do  so;  if  there  be  no  such 
opportunity,  the  judgment  or  order  may  be  used  as  evidence; 

7.  Any  other  presumption  which,  by  statute,  is  expressly  made 

conclusive. 

Cross-Refekences 

Presumption  as  to  legitimacy  of  children,  see  section  2007  of  this  title ;  and 
title  3,  sections  162  and  163. 
Judgments,  etc.,  see  section  1934  of  this  title. 
Conclusiveness  of  orders,  see  section  1935  of  this  title. 
Pleading  judgment,  see  section  255  of  this  title. 
Conclusive  evidence  generally,  see  section  2021  of  this  title. 

2007.  All  other  presumptions  may  be  controverted. — All  other 
presumptions  are  satisfactory,  if  uncontradicted.  They  are  denom- 
inated  disputable  presumptions,  and  may  be  controverted  by  othei 
evidence.    The  following  are  of  that  kind: 

1.  That  a  person  is  innocent  of  crime  or  wrong; 

2.  That  an  unlawful  act  was  done  with  an  unlawful  intent; 

3.  That  a  person  intends  the  ordinary  consequence  of  his  voluntary! 
act; 

4.  That  a  person  takes  ordinary  care  of  his  own  concerns ; 

5.  That  evidence  wilfully  suppressed  would  be  adverse  if 
produced; 

6.  That  higher  evidence  would  be  adverse  from  inferior  being 
produced ; 

7.  That  money  paid  by  one  to  another  was  due  to  the  latter; 

8.  That  a  thin^^  delivered  by  one  to  another  belonged  to  the  latter ; 

9.  That  an  obligation  delivered  up  to  the  debtor  has  been  paid ; 

10.  That  former  rent  or  installments  have  been  paid  when  a 
receipt  for  latter  is  produced; 

11.  That  things  which  a  person  possesses  are  ov/ned  by  him ; 

12.  That  a  person  is  the  owner  of  property  from  exercising  acts 
of  ownership  over  it,  or  from  common  reputation  of  his  ownership ; 

13  That  a  person  in  possession  of  an  order  on  himself  for  the 
payment  of  money,  or  the  delivery  of  a  thing,  has  paid  the  money 
or  delivered  the  thing  accordingly ; 

^3 


T.  4,  §2007]  THE  CODE  OF  CIVIL  PROCEDURE 

14.  That  a  person  acting  in  a  public  office  was  regularly  appointed 
to  it; 

15.  That  official  duty  has  been  regularly  performed ; 

16.  That  a  court  or  judge,  acting  as  such,  whether  in  the  Canal 
Zone  or  any  State  or  country,  was  acting  in  the  lawful  exercise  of  his 
jurisdiction ; 

17.  That  a  judicial  record,  when  not  conclusive,  does  still  correctly 
determine  or  set  forth  the  rights  of  the  parties ; 

18.  That  all  matters  within  an  issue  were  laid  before  the  jury  and 
passed  upon  by  them ; 

19.  That  private  transactions  have  been  fair  and  regular; 

20.  That  the  ordinary  course  of  business  has  been  followed; 

21.  That  a  promissory  note  or  bill  of  exchange  was  given  or 
indorsed  for  a  sufficient  consideration ; 

22.  That  an  indorsement  of  a  negotiable  promissory  note  or  bill 
of  exchange  was  made  at  the  time  and  place  of  making  the  note  or 
bill; 

23.  That  a  writing  is  truly  dated ; 

24.  That  a  letter  duly  directed  and  mailed  was  received  in  the 
regular  course  of  the  mail ; 

25.  Identity  of  person  from  identity  of  name ; 

26.  That  a  person  not  heard  from  in  seven  years  is  dead; 

27.  That  acquiescence  followed  from  a  belief  that  the  thing  acqui- 
esced in  was  conformable  to  the  right  or  fact; 

28.  That  things  have  happened  according  to  the  ordinary  course  of 
nature  and  ordinary  habits  of  life; 

29.  That  persons  acting  as  copartners  have  entered  into  a  contract 
of  copartnership; 

30.  That  a  man  and  woman  deporting  themselves  as  husband  and 
wife  have  entered  into  a  lawful  contract  of  marriage; 

31.  That  a  child  borne  in  lawful  wedlock  is  legitimate; 

32.  That  a  thing  once  proved  to  exist  continues  as  long  as  is  usual 
with  things  of  that  nature ; 

33.  That  the  law  has  been  obeyed ; 

34.  That  a  document  or  writing  more  than  thirty  years  old  is 
genuine,  when  the  same  has  been  since  generally  acted  upon  as 
genuine,  by  persons  having  an  interest  in  the  question,  and  its  custody 
has  been  satisfactorily  explained; 

35.  That  a  printed  and  published  book,  purporting  to  be  printed 
or  published  by  public  authority,  was  so  printed  or  published ; 

36.  That  a  printed  and  published  book,  purporting  to  contain 
reports  of  cases  adjudged  in  the  tribunals  of  the  State  or  country 
where  the  book  is  published,  contains  correct  reports  of  such  cases; 

37.  That  a  trustee  or  other  person,  whose  duty  it  was  to  convey 
real  property  to  a  particular  person,  has  actually  conveyed  to  him 
when  such  presumption  is  necessary  to  perfect  the  title  of  such  person 
or  his  successor  in  interest ; 

38.  That  there  was  a  good  and  sufficient  consideration  for  a 
written  contract; 

39.  When  two  persons  perish  in  the  same  calamity,  such  as  a  wreck, 
a  battle,  or  a  conflagration,  and  it  is  not  shown  who  died  first,  and 
there  are  rvo  particular  circumstances  from  which  it  car)  be  inferred, 

814 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2015 

survivorship  is  presumed  from  the  probabilities  resulting  from  the 
strength,  age,  and  sex,  according  to  the  following  rules : 

First.  If  both  of  those  who  have  perished  were  under  the  age  of 
fifteen  years,  the  older  is  presumed  to  have  survived ; 

Second.  If  both  were  above  the  age  of  sixty,  the  younger  is  pre- 
sumed to  have  survived; 

Third.  If  one  be  under  fifteen  and  the  other  above  sixty,  the  former 
is  presumed  to  have  survived ; 

Fourth.  If  both  be  over  fifteen  and  under  sixty,  and  the  sexes  be 
different,  the  male  is  presumed  to  have  survived;  if  the  sexes  be 
the  same,  then  the  older ; 

Fifth.  If  one  be  under  fifteen,  or  over  sixty,  and  the  other  between 
those  ages,  the  latter  is  presumed  to  have  survived. 

Cboss-Rhs-erencb 
Other  presumptions,  see  index-head  Presumptions. 

H.     INDISPENSABLE  EVIDENCE 

2011.  Indispensable  evidence,  what. — The  law  makes  certain  evi- 
dence necessary  to  the  validity  of  particular  acts,  or  the  proof  of 
particular  facts. 

2012.  To  prove  perjury  and  treason,  more  than  one  witness  re- 
quired.— Perjury  and  treason  must  be  proved  by  testimony  of  more 
than  one  witness.  Treason  by  the  testimony  of  two  witnesses  to 
the  same  overt  act;  and  perjury  by  the  testimony  of  two  witnesses, 
or  one  witness  and  corroborating  circumstances. 

Cboss-Refeben  ces 

Two  witnesses  for  probate  of  lost  will,  see  section  1262  of  this  title. 
Number  of  witnesses  for  perjury  and  treason,  see  section  1861  of  this  title. 

2013.  Will  to  be  in  writing. — A  last  will  and  testament,  except  a 
nuncupative  will,  is  invalid,  unless  it  be  in  writing  and  executed 
with  such  formalities  as  are  required  by  law.  When,  therefore,  such 
a  will  is  to  be  shown,  the  instrument  itself  must  be  produced,  or 
secondary  evidence  of  its  contents  be  given. 

CEOSS-REFBaiENCES 

Execution  of  will,  general  provisions,  see  title  3,  sections  525  et  seq. 
Lost  or  destroyed  will,  probate  of,  see  sections  1261  to  1264  of  this  title. 

2014.  Will,  how  revoked. — A  written  will  cannot  be  revoked  or 

altered  otherwise  than  as  provided  in  Title  3,  The  Civil  Code. 

Ceoss-Refeebnce 
Revocation  or  alteration  of  will,  see  title  3,  sections  539  et  seq. 

2015.  Transfer  of  real  property  to  be  in  writing. — No  estate  or 
interest  in  real  property,  other  than  for  leases  for  a  term  not  exceeds 
ing  one  year,  nor  any  trust  or  power  over  or  concerning  it,  or  in 
any  manner  relating  thereto,  can  be  created,  granted,  assigned, 
surrendered,  or  declared,  otherwise  than  by  operation  of  law,  or 
a  conveyance  or  other  instrument  in  writing,  subscribed  by  the  party 

615 


T.  4,  §  2016]  THE  CODE  OF  CIVIL  PROCEDURE 

creating,  gi-anting,  assigning,  siirendering,  or  declaring  the  same, 
or  by  his  lawful  agent  thereunto  authorized  by  writing. 

Cross-Reference 
Grant,  what,  see  title  3,  section  454. 

2016.  Preceding  section  not  to  extend  to  certain  cases.— The 

next  preceding  section  inust  not  be  construed  to  affect  the  power  of  a 
testator  in  the  disposition  of  his  real  property  by  a  last  will  and 
testament,  nor  to  prevent  any  trust  from  arising  or  being  extin- 
guished by  implication  or  operation  of  law,  nor  to  abridge  the 
power  of  any  court  to  compel  the  specific  performance  of  an  agree- 
ment, in  case  of  part  performance  thereof, 

Cross-Reference 
Specific  performance,  see  title  3,  sections  2701  et  seq. 

2017.  Agreement  not  in  writing,  when  invalid. — In  the  follow- 
ing cases  the  agreement  is  invalid,  unless  the  same  or  some  note 
or  memorandum  thereof  be  in  writing,  and  subscribed  by  the  party 
charged,  or  by  his  agent.  Evidence,  therefore,  of  the  agreement, 
cannot  be  received  without  the  writing  or  secondary  evidence  of 
its  contents : 

1.  An  agreement  that  by  its  terms  is  not  to  be  performed  within 
a  year  from  the  making  thereof ; 

2.  A  special  promise  to  answer  for  the  debt,  default,  or  miscarriage 
of  another,  except  in  the  cases  provided  for  in  section  2074  of  title  3; 

3.  An  agreement  made  upon  consideration  of  marriage  other  than 
a  mutual  promise  to  marry; 

4.  A  contract  to  sell  or  a  sale  of  any  goods  or  choses  in  action  of 
the  value  of  $50  or  upwards,  unless  the  buyer  accepts  part  of  the 
goods  or  choses  in  action  so  contracted  to  be  sold  or  sold,  and  actually 
receives  the  same,  or  gives  something  in  earnest  to  bind  the  contract, 
or  in  part  payment ; 

5.  An  agreement  for  the  leasing  for  a  longer  period  than  one  year, 
or  for  the  sale  of  real  property,  or  of  an  interest  therein;  and  such 
agreement,  if  made  by  an  agent  of  the  party  sought  to  be  charged, 
is  invalid,  unless  the  authority  of  the  agent  is  in  writing,  subscribed 
by  the  party  sought  to  be  charged ; 

6.  An  agreement  authorizing  or  employing  an  agent  or  broker 
to  purchase  or  sell  real  estate  for  compensation  or  a  commission; 

7.  An  agreement  which  b}^  its  terms  is  not  to  be  performed  during 
the  lifetime  of  the  promisor,  or  an  agreement  to  devise  or  bequeath 
any  property,  or  to  make  any  provision  for  any  person  by  will. 

Cross-Refebences 

Corresponding  provision,  see  title  3,  section  880. 
Agreement  for  sale  of  goods,  see  title  3,  section  984. 
Parol  evidence  to  explain  writing,  see  section  1874  of  this  title. 
Guaranty  to  be  in  writing,  see  title  3,  sections  2073  and  2074. 
Guaranty  by  executor,  see  section  1561  of  this  title. 

Preventing  contract  being  put  in  writing  by  fraud,  see  title  3,  section  S85. 
Transfer   of   interest   in    trust    to   be   by    written    instrument,    see    title   3, 
section  452. 

616 


THE  CODE  OF  CIVIL  PROCEDURE 


[T.  4,  §  2031 


2018.  Representation  of  credit  by  writing.— No  evidence  is  ad- 
missible to  charge  a  person  upon  a  representation  as  to  the  credit 
of  a  third  person,  unless  such  representation,  or  some  memorandum 
thereof,  be  in  writing,  and  either  subscribed  by  or  in  the  handwriting 
of  the  party  to  be  charged. 

I.    CONCLUSIVE  OR  UNANSWIUIABLE  EVIDENCE 

2021.  Conclusive  or  unanswerable  evidence. — No  evidence  is  by 
law  made  conclusive  or  unanswerable,  unless  so  declared  by  this  title. 

ARTICLE  4.— PRODUCTION  OF  EVIDENCE 


A.  By  Whom  to  be  Produced 

Evidence  to  be  produced  by  whom. 
Writing    altered,    who   to   explain. 

B.  Means  of  Production 

Subpena  for  witness  defined. 

Subpena,  how  issued. 

Subpena,  how  served. 

How,  if  witness  be  concealed. 

Person    present   compelled   to    testify. 

Disobedience  to  subpena,  how  pun- 
ished. 

Forfeiture  therefor. 

Warrant  may  issue  to  bring  witness, 
when. 

Contents  of  warrant. 

If  witness  be  a  prisoner,  how 
brought. 

On  whose  motion. 


Sec. 

2031. 

2032. 


2041. 
2042. 
2043. 
2044. 
2045. 
2046. 

2047. 
2048. 

2049. 
2050. 

2051. 


C.  Mode  of  Taking  the  Testimony  of 

Witnesses 

2061.  Testimony,  in  what  mode  taken. 

2062.  Affidavit  defined. 

2063.  Deposition  defined. 

2064.  Oral  examination  defined. 

2065.  Deposition  defined ;  how  taken. 

D.  Affidavits 

2071.  Affidavits  and  depositions ;  for  what 

purposes  used. 

2072.  Evidence    of    publication,    what. 

2073.  Filing  evidence  of  publication. 

2074.  Affidavits    to    be   used    in    the    Canal 

Zone,  before  whom  may  be  taken. 

2075.  Affidavit    out    of    Canal    Zone,    how 

taken. 

2076.  If  made  in  a  foreign  country,  before 

whom  taken. 

2077.  Certificate  of   the  clerk,   if  taken  he- 

fore  a  judge  of  a  court  out  of  the 
Canal  Zone. 

E.  Depositions  in  General 

2081.  Depositions,  when  used. 

2082.  Testimony    of   a    witness    out    of   the 

Canal  Zone,  when  taken. 

2083.  Depositions  in  the  Canal  Zone,  when 

taken. 

2084.  Deposition   may  he  read  in   evidence 

by  either  party. 

2085.  Court    may    order    deposition    if    ad- 

verse party  in  default. 


F.  Manner   of   Taking    Depositions    Out- 

side  OF   THE   Canal   Zone 

Sec. 

2091.  Deposition  of  witnesses  out  of  Canal 

Zone,  how  taken. 

2092.  Proper    interrogatories    may    be    pre- 

pared,   or    may    be    waived   by    the 
parties. 

2093.  Deposition     of     nonresident     witness 

upon  oral  interrogatories. 

2094.  Authority   of  commissioner. 

2095.  Trial,  when   postponed  for  reason  of 

nonreturn    of    commission. 

2096.  Deposition,  by  whom  used. 

2097.  Notice  dispensed   with  when  witness 

resides  out  of  Canal  Zone. 

G.  Manner  of  Taking  Depositions  Within 

THE   Canal  Zone 

2101.  Depositions    may    be   taken    before   a 

judge,  etc.,  upon  notice  to  the  ad- 
verse party. 

2102.  Manner  of  taking  depositions;  may  be 

used  by  either  party  on  the  trial. 

2103.  Deposition   in    the   Canal   Zone   to   be 

used  in  States. 

2104.  How    to    procure    witness   upon    com- 

mission. 

2105.  Compelling   the   witnesses   to   appear 

and  testify. 

2106.  How,   if  commission  not  rssued. 

2107.  Deposition,  how  taken. 

H.  General    Rules    of    Examination 

2111.  Order  of  proof,   how   regulated. 

2112.  What   witnesses   may    be    excluded. 

2113.  Court  may  control  mode  of  interroga- 

tion. 

2114.  Direct   examination   and   cross-exami- 

nation defined. 

2115.  Leading  question  defined. 

2116.  When    witness    may    refresh    memory 

from  notes. 

2117.  Cross-examination,    as    to    what. 

2118.  Party    producing    witness,    how    far 

may  impeach  his  credit. 

2119.  Witness,   how   examined ;  when  reex- 

amined. 

2120.  How  impeached. 

2121.  Same. 

2122.  Evidence  of  good  character,  when  al- 

lowed. 

2123.  Writing  shown  to  witness  may  be  in- 

spected by  adverse  party. 

2124.  Examination  of  adverse  party. 


A.  BY  WHOM  PRODUCED 


2031.  Evidence  to  be  produced  by  whom.— The  party  holding  the 
affirmative  of  the  issue  must  produce  the  evidence  to  prove  it ;  there- 


93083—34- 


617 


T.  4,  §2032]  THE  CODE  OF  CIVIL  PROCEDURE 

fore,  the  burden  of  proof  lies  on  the  party  who  would  be  defeated 
if  no  evidence  were  given  on  either  side. 

Ceoss-Kefebencejs 

Burden  of  proof,  see  section  1887  of  this  title. 

Burden  of  proving  want  of  consideration,  see  title  3,  section  871. 

2032.  Writing  altered,  who  to  explain. — The  party  producing  a 
writing  as  genuine  which  has  been  altered,  or  appears  to  have  been 
altered,  after  its  execution,  in  a  part  material  to  the  question  in  dis- 
pute, must  account  for  the  appearance  or  alteration.  He  may  show 
that  the  alteration  was  made  by  another,  without  his  concurrence,  or 
was  made  with  the  consent  of  the  parties  affected  by  it,  or  otherwise 
properly  or  innocently  made,  or  that  the  alteration  did  not  change 
the  meaning  or  language  of  the  instrument.  If  he  do  that,  he  may 
give  the  writing  in  evidence,  but  not  otherwise. 

B.  MEANS  or  PRODUCTION 

2041.  Subpena  for  witness  defined. — The  process  by  which  the 
attendance  of  a  witness  is  required  is  a  subpena.  It  is  a  writ  or 
order  directed  to  a  person  and  requiring  his  attendance  at  a  particu- 
lar time  and  place  to  testify  as  a  witness.  It  may  also  require  him 
to  bring  with  him  any  books,  documents,  or  other  things  under  his 
control  which  he  is  bound  by  law  to  produce  in  evidence. 

2042.  Subpena,  how  issued. — A  subpena  is  issued  as  follows: 

1.  To  require  attendance  before  a  court,  or  at  the  trial  of  an  issue 
therein,  or  upon  the  taking  of  a  deposition  in  an  action  or  proceeding 
pending  therein,  it  is  issued  by  the  clerk  of  the  court  in  which  the 
action  or  proceeding  is  pending,  under  the  seal  of  the  court,  or  if 
there  is  no  clerk  or  seal  then  by  the  judge  or  magistrate  of  such 
court ; 

2.  To  require  attendance  before  a  commissioner  appointed  to  take 
testimony  by  a  court  of  a  foreign  country,  or  of  the  United  States, 
or  of  any  State  in  the  United  States,  before  any  officer  or  officers 
empowered  by  the  laws  of  the  United  States  to  take  testimony,  it 
may  be  issued  by  the  clerk  of  the  district  court  in  the  division  in 
which  the  witness  is  to  be  examined,  under  the  seal  of  such  court; 

3.  To  require  attendance  out  of  court,  in  cases  not  provided  for 
in  subdivision  1,  before  a  judge,  magistrate,  or  other  officer  author- 
ized to  administer  oaths  or  take  testimony  in  any  matter  under  the 
laws  of  the  Canal  Zone,  it  is  issued  by  the  judge,  magistrate,  or  other 
officer  before  whom  the  attendance  is  required. 

If  the  subpena  is  issued  to  require  attendance  before  a  court,  or 
at  the  trial  of  an  issue  therein,  it  is  issued  by  the  clerk,  as  of  course, 
upon  the  application  of  the  party  desiring  it.  If  it  is  issued  to 
require  attendance  before  a  commissioner  or  other  officer  upon  the 
taking  of  a  deposition,  it  must  be  issued  by  the  clerk  of  the  district 
court  in  the  division  wherein  the  attendance  is  required  upon  the 
order  of  such  court  or  of  the  judge  thereof,  which  order  may  be 
made  ex  parte. 

Ceoss-Refebencb 

Exoneration  from  arrest  while  obeying  subpena,  see  section  2144  of  this  title. 

618 


THE  CODE  OF  CIVIL  PROCEDURE  fT.  4,  §  2048 

2043.  Subpena,  how  served. — The  sendee  of  a  subpena  is  made 
by  showin<^  the  original  and  delivering  a  copy,  or  a  ticket  containing 
its  substance,  to  the  witness  personally,  giving  or  offering  to  him 
at  the  same  time,  if  demanded  by  him,  the  fees  to  which  he  is  entitled 
for  travel  to  the  place  designated,  and  one  day's  attendance  there. 
The  service  must  be  made  so  as  to  allow  the  witness  a  reasonable 
time  for  preparation  and  travel  to  the  place  of  attendance.  Such 
service  may  be  made  by  any  person. 

2044.  How,  if  witness  be  concealed. — If  a  witness  is  concealed  in 
a  building  or  vessel,  so  as  to  prevent  the  service  of  a  subpena  upon 
him,  any  court,  judge,  or  magistrate  or  any  officer  issuing  the  sub- 
pena may,  upon  proof  by  affidavit  of  the  concealment,  and  of  the 
materiality  of  the  witness,  make  an  order  that  the  marshal  or  con- 
stable serve  the  subpena;  and  the  marshal  or  constable  must  serve 
it  accordingly,  and  for  that  purpose  may  break  into  the  building  or 
vessel  where  the  witness  is  concealed. 

2045.  Person  present  compelled  to  testify. — A  person  present  in 
court,  or  before  a  judicial  officer,  may  be  required  to  testify  in  the 
same  manner  as  if  he  were  in  attendance  upon  a  subpena  issued 
by  such  court  or  officer. 

2046.  Disobedience  to  subpena,  how  punished. — Disobedience  to 
a  subpena,  or  a  refusal  to  be  sworn,  or  to  answer  as  a  witness, 
or  to  subscribe  an  affidavit  or  deposition  when  required,  may  be 
punished  as  a  contempt  by  the  court  issuing  the  subpena.  When 
the  subpena,  in  any  such  case,  requires  the  attendance  of  the  witness 
before  an  officer  or  commissioner  out  of  court,  it  is  the  duty  of  such 
officer  or  commissioner  to  report  any  such  disobedience  or  refusal 
to  the  court  issuing  the  subpena;  and  the  witness  must  not  be  pun- 
ished for  any  refusal  to  answer  a  question  or  to  subscribe  an  affidavit 
or  deposition,  unless,  after  a  hearing  upon  notice,  the  court  orders 
him  to  so  answer  or  subscribe  and  then  only  for  disobedience  to  such 
order.  Any  judge,  magistrate,  or  other  officer  mentioned  in  sub- 
division 3  of  section  2042  of  this  title,  may  report  any  such  dis- 
obedience or  refusal  to  the  district  court  for  the  division  in  which 
such  attendance  was  required;  and  such  court  thereupon  has  power, 
upon  notice,  to  order  the  witness  to  perform  the  omitted  act,  and 
any  refusal  or  neglect  to  comply  with  such  order  may  be  punished 
as  a  contempt  of  such  court. 

Ceoss-Refekences 

Refusal  to  answer,  see  section  2142  of  this  title. 
Contempt,  see  section  1163  of  this  title. 

2047.  Forfeiture  therefor. — A  witness  disobeying  a  subpena  also 
forfeits  to  the  party  aggrieved  the  sum  of  $100,  and  all  damages 
which  he  may  sustain  by  the  failure  of  the  witness  to  attend,  which 
forfeiture  and  damages  may  be  recovered  in  a  civil  action. 

2048.  Warrant  may  issue  to  bring  witness,  when. — In  case  of 
failure  of  a  witness  to  attend,  the  court  or  officer  issuing  the  sub- 
pena, upon  proof  of  the  service  thereof,  and  of  the  failure  of  the 
witness,  may  issue  a  warrant  to  the  marshal  or  constable  to  arrest 

619 


T.  4,  §2049]  THE  CODE  OF  CIVIL  PROCEDURE 

the  witness  and  bring  him  before  the  court  or  officer  where  his 
attendance  was  required. 

2049.  Contents  of  warrant. — Every  warrant  of  commitment, 
issued  by  a  court  or  officer  pursuant  to  sections  2041  to  2051  of  this 
title,  must  specify  therein,  particularly,  the  cause  of  the  commitment, 
and  if  it  be  for  refusing  to  answer  a  question,  such  question  must 
be  stated  in  the  warrant.  And  every  warrant  to  arrest  or  commit  a 
witness,  pursuant  to  said  sections,  must  be  executed  in  the  same 
manner  as  process  issued  by  the  district  court. 

2050.  If  witness  be  a  prisoner,  how  brought. — If  the  witness  be 
a  prisoner,  confined,  in  a  jail  or  prison  within  the  Canal  Zone,  an 
order  for  his  examination  in  the  prison  ujwn  deposition,  or  for  his 
temporary  removal  and  production  before  a  court  or  officer,  for  the 
purpose  of  being  orally  examined,  may  be  made  as  follows: 

1.  By  the  court  itself  in  which  the  action  or  special  proceeding  is 
pending,  unless  it  be  a  magistrate's  court. 

2.  By  the  judge  of  the  district  court  if  the  action  or  proceeding  is 
pending  before  a  magistrate's  court,  or  before  a  judge  or  other  person 
out  of  court. 

2051.  On  whose  motion. — Such  order  can  only  be  made  on  the 
motion  of  a  party,  upon  affidavit  showing  the  nature  of  the  action 
or  proceeding,  the  testimony  expected  from  the  witness,  and  its 
materiality. 

C.    MODE   OF  TAKING   THE  TESTIMONY   OF   WITNESSES 

2061.  Testimony,  in  what  mode  taken. — The  testimony  of  wit- 
nesses is  taken  in  three  modes : 

1.  By  affidavit; 

2.  By  deposition; 

3.  By  oral  examination. 

2062.  Affidavit  defined. — An  affidavit  is  a  Avritten  declaration 
under  oath,  made  without  notice  to  the  adverse  party. 

Cboss-Rei-erence 

Affidavits,  see  sections  2071  et  seq.,  of  this  title. 

2063.  Deposition  defined. — A  deposition  is  a  written  declaration, 

under  oath,  made  wgon  notice  to  the  adverse  party,  for  the  purpose 
of  enabling  him  to  attend  and  cross-examine.  In  all  actions  and 
proceedings  where  the  default  of  the  defendant  has  been  duly  en- 
tered, and  in  all  proceedings  to  obtain  letters  of  administration, 
or  for  the  probate  of  wills  and  tlic  issuance  of  letters  testamentary 
thereon,  where,  after  due  and  legal  notice,  those  entitled  to  contest 
the  application  have  failed  to  appear,  the  entry  of  said  defaults, 
and  the  failure  of  said  persons  to  appear  after  notice,  shall  be  deemed 
to  be  a  waiver  of  the  right  to  any  further  notice  of  any  application 
or  proceeding  to  take  testimony  by  deposition  in  such  action  or 
proceeding. 

CROSS-RE,rKKENCES 

Depositions,  see  sections  2081  et  seq.,  of  this  title. 
Form  of,  see  section  206r»  of  this  title. 

(J20 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  207 } 

2064.  Oral  examination  defined. — An  oral  examination  is  an  ex- 
amination in  presence  of  the  jury  or  tribunal  which  is  to  decide  the 
fact  or  act  upon  it,  the  testimony  being  heard  by  the  jury  or  tribunal 
from  the  lips  of  the  witness. 

Cross-Refekenck 
General  vvlXh^  of  exuiiiinatioii,  see  sections  2111  et  seq.,  of  this  title. 

2065.  Deposition  defined ;  how  taken. — Depositions  must  be  taken 
in  the  form  of  question  and  answer.  The  words  of  the  witness  must 
be  written  down,  in  the  presence  of  the  witness,  by  the  officer  taking' 
the  deposition,  or  by  some  disinterested  person  appointed  by  him. 
It  may  be  taken  down  in  shorthand,  in  which  case  it  must  be  tran- 
scribed into  longhand  by  the  person  who  took  it  down.  When 
completed,  it  must  be  carefully  read  to  or  by  the  witness  and  cor- 
rected by  him  in  any  particular,  if  desired,  by  writing  or  causing 
his  corrections  to  be  written  in  the  body  or  margin  of  or  at  the  bottom 
of  the  deposition,  and  nnist  then  be  subscribed  by  the  witness.  The 
officer  before  whom  the  deposition  is  taken  must  write  his  initials 
near  said  corrections.  If  the  parties  agree  in  writing  to  any  other 
mode,  the  mode  so  agreed  upon  must  be  followed. 

D.    AFFIDAVITS 

2071.  Affidavits  and  depositions;  for  what  purposes  used. — An 

affidavit  may  be  used  to  verify  a  pleading  or  a  paper  in  a  special 
proceeding,  to  prove  the  service  of  a  summons,  notice,  or  other  paper 
in  an  action  or  special  proceeding,  to  obtain  a  provisional  remedy, 
the  examination  of  a  witness,  or  a  stay  of  proceedings,  or  upon  a 
motion,  and  in  any  other  case  expressly  permitted  by  some  other 
provision  of  this  title. 

CKOSS-REFEI:ENOi:S 

Affidavit,  see  section  1329  of  this  title. 

Proof  of  service  by  affidavit,  see  section  170  of  this  title. 

Verification  of  pleadings,  see  section  241  of  this  title. 

2072.  Evidence  of  publication,  what. — Evidence  of  the  publica- 
tion of  a  document  or  notice  required  by  law,  or  by  an  order  of  a 
court  or  judge,  to  be  published  in  a  newspaper,  may  be  given  by 
the  affidavit  of  the  printer  of  the  newspaper,  or  his  foreman  or 
principal  clerk,  annexed  to  a  copy  of  the  document  or  notice,  specify- 
ing the  times  v\'hen,  and  the  paper  in  which,  the  publication  was 
made. 

2073.  Filing  evidence  of  publication. — If  such  affidavit  be  made 
in  an  action  or  special  proceeding  pending  in  a  court,  it  may  be  filed 
with  the  court  or  the  clerk  thereof.  The  original  affidavit,  or  a 
copy  thei-eof,  certified  by  the  judge  of  the  court  or  clerk  having  it  in 
custody,  is  prima  facie  evidence  of  the  facts  stated  therein. 

2074.  Affidavits  to  be  used  in  the  Canal  Zone,  before  whom  may 
be  taken. — An  affidavit  to  be  used  before  any  court,  judge,  or  officer 
of  the  Canal  Zone  may  be  taken  before  any  officer  authorized  to 

administer  oaths. 

Cross-Referenck 

Persons  authorized  to  take  affidavits,  see  sections  33  and  2171  of  tbis  title. 


T.  4,  §  2075]  THE  CODE  OF  CIVIL  PROCEDURE 

2075.  AflSdavit  out  of  Canal  Zone,   how  taken. — An   affidavit 

taken  in  a  State  of  the  United  States,  to  be  used  in  the  Canal  Zone, 
may  be  taken  before  a  commissioner  appointed  by  the  Governor  of  the 
Panama  Canal  to  take  affidavits  and  depositions  in  such  State,  or 
before  any  notary  public  in  a  State,  or  before  any  judge  or  clerk 
of  a  court  of  record  having  a  seal. 

2076.  If  made  in  a  foreign  countiy,  before  whom  taken. — An  affi- 
davit taken  in  a  foreign  country  to  be  used  in  the  Canal  Zone,  may  be 
taken  before  an  ambassador,  minister,  consul,  vice-consul,  or  consular 
agent  of  the  United  States,  or  before  any  judge  of  a  court  of  record 
having  a  seal  in  such  foreign  country. 

2077.  Certificate  of  the  clerk,  if  taken  before  a  judge  of  a  court 
out  of  the  Canal  Zone. — When  an  affidavit  is  taken  before  a  judge 
of  a  court  in  a  State,  or  in  a  foreign  country,  the  genuineness  of  the 
signature  of  the  judge,  the  existence  of  the  court,  and  the  fact  that 
such  judge  is  a  member  thereof,  must  be  certified  by  the  clerk  of 
the  court,  under  the  seal  thereof. 

E.   DEPOSITIONS  IN  GENERAL 

2081.  Depositions,  when  used. — In  all  cases  other  than  those  men- 
tioned in  section  2071  of  this  title,  where  a  written  declaration  under 
oath  is  used,  it  must  be  a  deposition  as  prescribed  by  this  title. 

2082.  Testimony  of  a  witness  out  of  the  Canal  Zone,  when 
taken. — The  testimony  of  a  witness  out  of  the  Canal  Zone  may  be 
taken  by  deposition  in  the  following  cases : 

1st.  In  an  action,  at  any  time  after  the  service  of  summons,  or 
the  appearance  of  the  defendant. 

2d.  In  a  special  proceeding,  any  time  after  a  question  of  fact  has 
arisen  therein. 

3d.  Where  default  has  been  made  by  any  or  all  of  the  defendants. 

Cboss-Reb'ebencb 

Manner  of  taking  depositions  outside  of  Canal  Zone,  see  sections  2091  et  seq., 
of  this  title. 

2083.  Depositions  in  the  Canal  Zone,  when  taken. — The  testi- 
mony of  a  witness  in  the  Canal  Zone  may  be  taken  by  deposition  in 
an  action  at  any  time  after  the  service  of  the  summons  or  the  appear- 
ance of  the  defendant,  and  in  a  special  proceeding  after  a  question 
of   fact  has   arisen   therein,   in   the   following   cases : 

1.  When  the  witness  is  a  party  to  the  action  or  proceeding  or  an 
officer  or  member  of  a  corporation  which  is  a  party  to  the  action  or 
proceeding,  or  a  person  for  whose  immediate  benefit  the  action  or 
proceeding  is  prosecuted  or  defended; 

2.  When  the  witness  resides  out  of  the  division  or  subdivision  in 
which  his  testimony  is  to  be  used ; 

3.  When  the  witness  is  about  to  leave  the  division  or  subdivision 
where  the  action  is  to  be  tried,  and  will  probably  continue  absent 
when  the  testimony  is  required; 

4.  When  the  witness,  otherwise  liable  to  attend  the  trial,  is  never- 
theless too  infirm  to  attend ; 

929 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2091 

5.  When  the  testimony  is  required  upon  a  motion,  or  in  any  other 
case  where  the  oral  examination  of  the  witness  is  not  required; 

6.  When  the  witness  is  the  only  one  who  can  establish  facts  or  a 
fact  material  to  the  issue:  Provided,  That  the  deposition  of  such 
witness  shall  not  be  used  if  his  presence  can  be  procured  at  the  time 
of  the  trial  of  the  cause. 

Ceo8s-Referbnce» 

Mode  of  taking  depositions,  see  section  2065  of  this  title. 
Who  may  take,  see  section  33  of  this  title. 

2084.  Deposition  may  be  read  in  evidence  by  either  party. — A 

deposition  taken  and  returned,  as  provided  in  this  article,  may, 
except  as  provided  in  section  2102  of  this  title,  be  read  in  evidence 
by  either  party  at  any  stage  of  the  action  or  proceeding  in  which  it 
was  taken,  or  in  any  other  action  or  proceeding  between  the  same 
parties  or  their  privies  or  successors  in  interest  upon  the  same  sub- 
ject, and  is  then  deemed  the  evidence  of  the  party  reading  it;  but 
the  court  may  exclude  the  same,  if  it  appears  that  the  taking  thereof 
was  in  any  material  respect  unfair. 

Cboss-Rei'ebencb 

Depositions,  by  whom  used,  see  sections  2096  and  2102  of  this  title. 

2085.  Court  may  order  deposition  if  adverse  party  in  default. — 

If  an  adverse  party  is  in  default  for  not  appearing  and  answering 
within  the  time  allowed  by  law  or  the  court,  or  if,  in  a  special  pro- 
ceeding, some  or  all  of  the  parties  interested  have  not  appeared,  the 
court  may  authorize  a  deposition  to  be  taken  without  the  service  of 
any  affidavit  upon,  or  the  giving  of  any  notice  to,  the  party  so  in 
default  or  not  appearing,  or  may  provide  that  notice  be  given  to  him 
in  such  mode  as  to  the  court  may  seem  proper. 

CeOS  S-ReFEEEN  CE 

Notice  on  default,  see  section  2097  of  this  title. 

F.    MANNiai  OF  TAKING  DEPOSITIONS   OUTSIDE   OF  THE  CANAL  ZONE 

2091.  Deposition  of  witnesses  out  of  Canal  Zone,  how  taken. — 

The  deposition  of  a  witness  out  of  the  Canal  Zone  may  be  taken 
upon  a  commission  issued  from  the  court  under  the  seal  of  the  court, 
upon  an  order  of  the  court,  or  the  judge  or  a  magistrate  thereof,  on 
the  application  of  either  party,  upon  five  days'  previous  notice  to 
the  other.  If  the  court  is  a  magistrate's  court,  the  commission  must 
have  attached  to  it  a  certificate  of  the  clerk  of  the  district  court  for 
the  division  in  which  such  magistrate's  court  is  held,  under  the  seal 
of  such  district  court,  to  the  effect  that  the  person  issuing  the  same 
was  an  acting  magistrate  at  the  date  of  the  commission.  If  issued  to 
any  place  within  the  United  States,  it  may  be  directed  to  a  person 
agreed  upon  by  the  parties,  or  if  they  do  not  agree,  to  any  notary 
public,  judge  or  justice  of  the  peace  or  commissioner  selected  by  the 
court  or  judge  or  justice  issuing  it.  If  issued  to  any  country  out 
of  the  United  States,  it  may  be  directed  to  a  minister,  ambassador, 
consul,  vice  consul,  or  consular  agent  of  the  United  States,  or  judge 

623 


T.  4,  §2092]  THE  CODE  OF  CIVIL  PROCEDURE 

of  a  court  of  record  in  such  country,  or  to  any  person  agreed  upon 
by  the  parties. 

2092.  Proper  interrogatories  may  be  prepared,  or  may  be 
waived  by  the  parties. — The  party  moving  for  the  commission  must, 
unless  it  is  waived  by  the  other  part}*,  attach  to  the  notice  of  the 
motion  the  interrogatories  upon  which  he  desires  it  to  be  taken.  On 
the  hearing  of  the  motion,  the  other  party  must  propose  such  cross- 
interrogatories  as  he  may  desire.  If  the  parties  do  not  agree  as  to 
the  form  of  the  interrogatories,  the  court  must  settle  their  form, 
but  such  agreement  or  settlement  does  not  preclude  either  party, 
when  the  deposition  is  offered  in  evidence,  from  interposing  any 
objection  to  any  interrogatory  except  Ds  to  the  form  thereof.  The 
settlement  of  interrogatories  may  be  had  at  the  time  of  the  hearing 
of  the  motion,  or  at  any  other  time  which  the  court  may  appoint ;  but 
the  moving  party  must,  if  he  request  it,  be  allowed  two  days  within 
which  to  propose  such  redirect  interrogatories  as  the  cross-inter- 
rogatories proposed  render  proper.  AVhen  agreed  upon  or  settled,  the 
interrogatories  must  be  annexed  to  the  commission ;  or.  Avhen  the 
parties  agree  to  that  mode,  or  the  court  on  the  application  of  either 
party,  after  a  hearing  had  upon  two  days'  notice  to  the  opposite 
party,  so  directs,  the  examination  must  be  without  written  inter- 
rogatories. 

Cross-Reference 

Question  and  answer  in  depositions,  see  section  2065  of  tliis  title. 

2093.  Deposition  of  nonresident  witness  upon  oral  interroga- 
tories.— When  a  party  shall  ch.'sire  to  take  the  evidence  of  a  non- 
resident witness,  to  be  used  in  any  cause  pending  in  the  Canal  Zone, 
the  party  desiring  the  same  (or  where  notice  shall  have  been  given 
that  a  commission  to  take  the  testimony  of  a  nonresident  witness 
will  be  applied  for.  the  opposite  part}',  upon  giving  the  other  three 
daj^s'  notice  in  writing  of  his  electioji  so  to  do),  may  iiave  a  com- 
mission directed  in  the  same  manner  as  provided  in  section  2091  of 
this  title,  to  take  such  evidence,  upon  interrogatories  to  be  pro- 
pounded to  the  witness  orally ;  upon  the  taking  of  which  each  party 
may  appear  before  the  commission,  in  person  or  by  attorney,  and 
interrogate  the  witness. 

The  party  desiring  such  testimony  shall  give  to  the  other  the 
following  notice  of  the  time  and  place  of  taking  the  same,  to  wit: 
Ten  days,  and  one  day  in  addition  thereto  (Sundays  included)  for 
every  three  hundred  miles'  travel  from  the  ])lace  of  liolding  the  court 
to  the  place  where  such  deposition  is  to  be  taken. 

Fees  and  mileage. — When  a  party  to  a  suit  shall  give  the  opposite 
party  notice  to  take  a  deposition  upon  oral  interrogatories,  and  shall 
fail  to  take  the  same  accordingly,  unless  such  failure  be  on  account 
of  the  nonattendance  of  the  witness,  not  occasioned  by  the  fault  ol 
the  party  giving  the  notice,  or  some  other  unavoidable  cause,  the 
party  notified,  if  he  shall  attend  himself  or  by  attorney,  agreeably 
to  the  notice,  shall  be  entitled  to  $2  per  day  for  each  clay  he  may 
attend  under  such  notice,  and  to  C  cents  per  mile  for  every  niile  that 
he  shall  necessarily  travel  in  going  to  and  returning  from  the  place 

624 


THE  CODE  OF  CIVIL  PROCEDURE  lT.4,  §2102 

designated  to  take  the  deposition,  to  be  allowed  by  the  court  where 
the  suit  is  pending  and  for  which  execution  may  issue. 

2094.  Authority  of  commissioner.— The  commission  must  author- 
ize the  commissioner  to  administer  an  oath  to  the  witness  and 
to  take  his  deposition  in  answer  to  the  interrogatories,  or  when  the 
examination  is  to  be  without  interrogatories,  in  respect  to  the  ques- 
tion in  dispute,  and  to  certify  the  deposition  to  the  court,  in  a 
sealed  envelope,  directed  to  the  clerk,  if  there  be  one,  and  if  not,  to 
the  judge  thereof,  and  forwarded  to  him  by  mail  or  other  usual 
channel  of  conveyance. 

Cross-Reference 

Certificate,  see  section  2102  of  this  title. 

2095.  Trial,  when  postponed  for  reason  of  nonreturn  of  com- 
mission.— A  trial  or  other  proceeding  must  not  be  postponed  by 
reason  of  a  commission  not  returned,  except  upon  evidence,  satisfac- 
tory to  the  court,  that  the  testimony  of  the  witness  is  necessary,  and 
that  proper  diligence  has  been  used  to  obtain  it. 

2096.  Deposition,  by  whom  used. — The  deposition  mentioned  in 
sections  2091  to  2097  of  this  title  may  be  used  by  either  party  on  the 
trial  or  other  proceeding,  against  any  other  party  giving  or  receiving 
the  notice,  subject  to  all  just  exceptions. 

2097.  Notice  dispensed  with  when  witness  resides  out  of  Canal 
Zone. — In  all  cases  where  service  of  summons  has  been  had  by  pub- 
lication as  provided  by  law  and  after  default  has  been  duly  entered, 
and  it  appears  by  affidavit  that  the  residence  of  a  party  to  the  action 
is  unknown  and  the  witness  resides  out  of  the  Canal  Zone,  then  in 
such  cases  the  notice  provided  for  in  sections  2091  to  2097  of  this  title 
shall  be  dispensed  with. 

Cross-Reference 
Notice  on  default,  see  section  2085  of  this  title. 

G.    MANNER   OF  TAKING  DEPOSITIONS   WITHIN   THE   CANAL  ZONE 

2101.  Depositions  may  be  taken  before  a  judge,  etc.,  upon  notice 

to  the  adverse  party. — Either  party  may  have  the  deposition  taken 
of  a  witness  in  the  Canal  Zone,  in  either  of  the  cases  mentionecl  in 
section  2083  of  this  title,  before  a  judge,  magistrate,  or  other  officer 
authorized  to  administer  oaths,  on  serving  upon  the  adverse  party- 
previous  notice  of  the  time  and  place  of  examination,  together  with 
a  copy  of  an  affidavit,  showing  that  the  case  is  within  that  section. 
Such  notice  must  be  at  least  five  days,  unless,  for  a  cause  shown,  a 
judge,  by  order,  prescribe  a  shorter  time.  When  a  shorter  time  is 
prescribed,  a  copy  of  the  order  must  be  served  with  the  notice. 

2102.  Manner  of  taking  depositions;  may  be  used  by  either  party 
on  the  trial. — Either  party  may  attend  the  examination  and  put 
such  questions,  direct  and  cross,  as  may  be  proper.  Tlie  deposition, 
when  completed,  must  be  carefully  read  to  or  by  the  witness  and  cor- 
rected by  him  in  any  particular,  if  desired ;  it  must  then  be  subscribed 
by  the  witness,  certified  by  the  judge  or  officer  taking  the  deposition, 

625 


T.  4,  §  2103]  THE  CODE  OF  CIVIL  PROCEDURE 

inclosed  in  an  envelope  or  wrapper,  sealed,  and  directed  to  the  clerk 
of  the  court  in  which  the  action  is  pending,  or  to  such  person  as  the 
parties  in  writing  may  agree  upon,  and  either  delivered  by  the  judge 
or  officer  to  the  clerk  or  such  person,  or  transmitted  through  the  mail 
or  by  some  safe  private  opportunity ;  and  thereupon  such  deposition 
may  be  used  by  either  party  upon  the  trial  or  other  proceeding 
against  any  party  giving  or  receiving  the  notice,  subject  to  all  legal 
exceptions;  but  if  the  parties  attend  at  the  examination,  no  objection 
to  the  form  of  an  interrogatory  shall  be  made  at  the  trial,  unless  the 
same  was  stated  at  the  time  of  the  examination.  If  the  deposition  be 
taken  under  subdivisions  2,  3,  and  4,  of  section  2083  of  this  title, 
proof  must  be  made  at  the  trial  that  the  witness  continues  absent 
or  infirm,  or  is  dead.  The  deposition  thus  taken  may  be  also  read  in 
case  of  the  death  of  the  witness. 

CROSS-RETEatENCES 

Question  and  answer  form,  see  section  2065  of  this  title. 
Depositions  by  whom  used,  see  sections  2084  and  2096  of  this  title. 

2103.  Deposition  in  the  Canal  Zone  to  be  used  in  States. — Any 

party  to  an  action  or  special  proceeding  in  a  court  or  before  a  judge 
of  a  State,  may  obtain  the  testimony  of  a  witness  residing  in  the 
Canal  Zone,  to  be  used  in  such  action  or  proceeding,  in  the  cases 
mentioned  in  the  two  sections  next  following. 

2104.  How  to  procure  witness  upon  commission. — If  a  commis- 
sion to  take  such  testimony  has  been  issued  by  the  court  before 
which  such  action  or  proceeding  is  pending,  or  by  a  judge  thereof, 
on  exhibiting  the  commission  to  the  division  of  the  district  court  in 
which  the  witness  resides,  with  an  affidavit  showing  the  materiality 
of  his  testimony,  such  court  may  issue  a  subpena  to  the  witness, 
requiring  him  to  appear  and  testify  before  the  commissioner  named 
in  the  commission,  at  a  specified  time  and  place  within  that  division. 

Ckoss-Referbnce 
Subpena,  see  sections  2041  et  seq.,  of  this  title. 

2105.  Compelling  the  witnesses  to  appear  and  testify. — When- 
ever any  mandate,  writ,  or  commission  is  issued  out  of  any  court  of 
record  in  any  State,  Territory,  District,  or  foreign  jurisdiction,  or 
whenever,  upon  notice  or  agreement,  it  is  required  to  take  the  testi- 
mony of  a  witness  or  witnesses  in  the  Canal  Zone,  witnesses  may  be 
compelled  to  appear  and  testify  in  the  same  manner  and  by  the  same 
process  and  proceeding  as  may  be  employed  for  the  purpose  of  tak- 
ing testimony  in  proceedings  pending  in  the  Canal  Zone, 

2106.  How,  if  commission  not  issued. — If  a  commission  has  not 
been  issued,  and  it  appears  to  the  district  judge,  or  to  a  magistrate, 
by  affidavit  satisfactory  to  him : 

1.  That  the  testimony  of  the  witness  is  material  to  either  party, 
and  that  he  resides  in  the  division  or  subdivision  in  which  such 
judge  or  magistrate  holds  office; 

2.  That  a  commission  to  take  the  testimony  of  such  witness  has 
not  been  issued ; 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2115 

3.  That,  according  to  the  law  of  the  State  where  the  action  or 
special  j3roceeding  is  pending,  the  deposition  of  a  witness  taken 
under  such  circumstances,  and  before  such  judge  or  magistrate,  will 
be  received  in  the  action  or  proceeding; 

He  must  issue  his  subpena  requiring  the  witness  to  appear  and 
testify  before  him  at  a  specified  time  and  place. 

2107.  Deposition,  how  taken. — Upon  the  appearance  of  the  wit- 
ness, the  judge  or  magistrate  must  cause  his  testimony  to  be  taken 
in  writing,  and  must  certify  and  transmit  the  same  to  the  court  or 
judge  before  whom  the  action  or  proceeding  is  pending,  in  such 
manner  as  the  law  of  that  State  requires. 

H.    GENERAL   RULES    OF   EXAMINATION 

2111.  Order  of  proof,  how  regulated. — The  order  of  proof  must 
be  regulated  by  the  sound  discretion  of  the  court.  Ordinarily,  the 
party  beginning  the  case  must  exhaust  his  evidence  before  the  other 
party  begins. 

CEOS  S-REFEREJN  CTJ 

Reopening  case,  rebuttal,  see  section  461  of  this  title. 

2112.  What  witnesses  may  be  excluded. — If  either  party  requires 

it,  the  judge  may  exclude  from  the  court  room  any  witness  of  the 
adverse  party  not  at  the  time  under  examination,  so  that  he  may 
not  hear  the  testimony  of  other  witnesses;  but  a  party  to  the  action 
or  proceeding  cannot  be  so  excluded ;  and  if  a  corporation  is  a  party 
thereto,  it  is  entitled  to  the  presence  of  one  of  its  officers,  to  be 
designated  by  its  attorney. 

Ceos  s-Reifeireince 
Exclusion  of  witnesses,  see  section  22  of  this  title. 

2113.  Court  may  control  mode  of  interrogation. — The  court  must 

exercise  a  reasonable  control  over  the  mode  of  interrogation,  so  as 
to  make  it  as  rapid,  as  distinct,  as  little  annoying  to  the  witness,  and 
as  effective  for  the  extraction  of  the  truth,  as  may  be;  but  subject  to 
this  rule,  the  parties  may  put  such  pertinent  and  legal  questions  as 
they  see  fit.  The  court,  however,  may  stop  the  production  of  fur- 
tlier  evidence  upon  any  particular  point  when  the  evidence  upon  it  is 
already  so  full  as  to  preclude  reasonable  doubt. 

Ceoss-Refekeincb 

Duty  to  answer,  and  protection  of  witnesses,  see  sections  2142  and  2143  of 
this  title. 

2114.  Direct  examination  and  cross-examination  defined. — The 

examination  of  a  witness  by  the  party  producing  him  is  denominated 
the  direct  examination;  the  examination  of  the  same  witness,  upon 
the  same  matter,  by  the  adverse  party,  the  cross-examination.  The 
direct  examination  must  be  completed  before  the  cross-examination 
begins,  unless  the  court  otherwise  direct. 

2115.  Leading  question  defined. — A  question  which  suggests  to 
the  witness  the  answer  which  the  examining  party  desires,  is  de- 
nominated a  leading  or  suggestive  question.    On  a  direct  examination, 

627 


T.  4,  §2116]  THE  CODE  OF  CIVIL  PROCEDURE 

leading  questions  are  not  allowed,  except  in  the  sound  discretion  of 
the  court,  under  special  circumstances,  making  it  appear  that  the 
interests  of  justice  require  it. 

2116.  When  witness  may  refresh  memory  from  notes. — A  wit- 
ness is  allowed  to  refresh  his  memory  respecting  a  fact,  by  anything 
written  by  himself,  or  under  his  direction,  at  the  time  when  the  fact 
occurred,  or  immediately  thereafter,  or  at  any  other  time  when  the 
fact  was  fresh  in  his  memory,  and  he  knew  that  the  same  was  cor- 
rectly stated  in  the  writing.  But  in  such  a  case  the  writing  must  be 
produced,  and  may  be  seen  by  the  adverse  party,  who  may,  if  he 
choose,  cross-examine  the  witness  upon  it,  and  may  read  it  to  the 
jury.  So,  also,  a  witness  may  testify  from  such  a  writing,  though 
he  retain  no  recollection  of  the  particular  facts,  but  such  evidence 
must  be  received  with  caution. 

Cross-Reference 
Inspection  of  writing  shown  to  witness,  see  section  2123  <>t  this  title. 

2117.  Cross-Examination,  as  to  what. — The  opposite  party  niaj 
cross-examine  the  witness  as  to  any  facts  stated  in  his  direct  exami- 
nation or  connected  therewith,  and  in  so  doing  may  put  leading 
questions,  but  if  he  examine  him  as  to  other  matters,  such  examina- 
tion is  subject  to  the  same  rules  as  a  direct  examination. 

Cboss-Refebence 
Stopping  further  testimony,  see  section  2113  of  tliis  title. 

2118.  Party  producing  witness,  how  far  may  impeach  his 
credit. — The  party  producing  a  witness  is  not  allowed  to  impeach 
his  credit  by  evidence  of  bad  character,  but  he  may  contradict  him 
by  other  evidence,  and  may  also  show  that  he  has  made  at  other 
times  statements  inconsistent  with  his  present  testimony,  as  pro- 
vided in  section  2121  of  this  title. 

2119.  Witness,  how  examined;  when  reexamined. — A  witness 
once  examined  cannot  be  reexamined  as  to  the  same  matter  without 
leave  of  the  court,  but  he  may  be  reexamined  as  to  any  new  matter 
upon  which  he  has  been  examined  by  the  adverse  party.  And  after 
the  examinations  on  both  sides  are  once  concluded,  the  witness  can- 
not be  recalled  without  leave  of  the  court.  Leave  is  granted  or  with- 
held, in  the  exercise  of  a  sound  discretion. 

Ckoss-Refekencb 
Recalling  witness,  discretion  of  court,  see  section  461  of  this  title. 

2120.  How  impeached. — A  witness  may  be  impeached  by  the 
party  against  whom  he  was  called,  by  contradictory  evidence  or  by 
evidence  that  his  general  reputation  for  truth,  honesty,  or  integrity 
is  bad,  but  not  by  evidence  of  particular  wrongful  acts,  except  that 
it  may  be  shown  by  the  examination  of  tlie  witness,  or  tlie  record 
of  the  judgment,  that  he  had  been  convicted  of  a  felony, 

C  RO  S  S  -  R  KFEEE  N  CES 

Falsus  in  uno,  fulsus  in  onmihiis,  see  section  2131  of  tliis  title. 
Questions  its  to  conviction  of  felony,  see  section  2142  of  this  title. 

628  f 


THE  CODE  OP  CIVIL  PROCEDURE  [T.  4,  §2131 

2121.  Same. — A  witness  may  also  be  impeached  by  evidence  that 
he  has  made,  at  other  times,  statements  inconsistent  with  his  present 
testimony ;  but  before  this  can  be  done  the  statements  must  be  i-elated 
to  him,  with  the  circumstances  of  times,  places,  and  persons  present, 
and  he  must  be  asked  whether  he  made  such  statements,  and  if  so, 
allowed  to  explain  them.  If  the  statements  be  in  writing,  they  must 
be  shown  to  the  witness  before  any  question  is  put  to  him  concerning 
them. 

2122.  Evidence  of  good  character,  when  allowed. — Evidence  of 
the  good  character  of  a  party  is  not  admissible  in  a  civil  action,  nor 
of  a  witness  in  an}'  action,  until  the  character  of  such  part}''  or  witness 
has  been  impeached,  or  unless  the  issue  involves  his  character. 

2123.  Writing  shown  to  witness  may  be  inspected  by  adverse 
party. — Whenever  a  writing  is  shown  to  a  witness,  it  may  be  in- 
spected by  the  opposite  party,  and  no  question  must  be  put  to  the 
witness  concerning  a  writing  until  it  has  been  so  shown  to  him. 

CROSS-IlEFEEtENCE 

Writing  to  refresh  memory,  see  section  2116  of  this  title. 

2124.  Examination  of  adverse  party. — A  party  to  the  record  of 
any  civil  action  or  proceeding  or  a  person  for  whose  immediate 
benefit  such  action  or  proceeding  is  prosecuted  or  defended,  or  the 
directors,  officers,  superintendent,  or  managing  agent  of  any  cor- 
poration which  is  a  party  to  the  record,  may  be  examined  by  the 
adverse  party  as  if  under  cross-examination,  subject  to  the  rules 
applicable  to  the  examination  of  other  witnesses.  The  party  calling 
such  adverse  witness  shall  not  be  bound  by  his  testimony,  and  the 
testimony  given  by  such  witness  may  be  rebutted  by  the  party  calling 
him  for  such  examination  by  other  evidence.  Such  witness,  when 
so  called,  may  be  examined  by  his  own  counsel,  but  only  as  to  the 
matters  testified  to  on  such  examination. 

ARTICLE  5.— EFFECT  OF  EVIDENCE 

2131.  Jury  judges  of  effect  of  evidence,  but  to  be  instructed  on 
certain  points. — Where  trial  is  by  jury,  the  jury,  subject  to  the  con- 
trol of  the  court,  in  the  cases  specified  in  this  title,  are  the  judges 
of  the  effect  or  value  of  evidence  addressed  to  them,  except  when  it 
is  declared  to  be  conclusive.  They  are,  however,  to  be  instructed  by 
the  court  on  all  proper  occasions: 

1.  That  their  power  of  judging  of  the  effect  of  evidence  is  not 
arbitrary,  but  to  be  exercised  with  legal  discretion,  and  in  subordina- 
tion to  the  rules  of  evidence ; 

2.  That  they  are  not  bound  to  decide  in  conformity  with  the  decla- 
rations of  any  number  of  witnesses,  which  do  not  produce  conviction 
in  their  minds,  against  a  less  number  or  against  a  presumption  or 
other  evidence  satisfying  their  minds ; 

3.  That  a  witness  false  in  one  part  of  his  testimony  is  to  be 
distrusted  in  others; 

4.  That  the  testimony  of  an  accomplice  ought  to  be  viewed  with 
distrust,  and  the  evidence  of  the  oral  admissions  of  a  party  with 
caution ; 

029 


T.  4,  §  2141] 


TBB  CODE  OF  CIVIL  PROCEDURE 


5.  That  in  civil  actions  the  affirmative  of  the  issue  must  be  proved, 
and  when  the  evidence  is  contradictory  the  decision  must  be  made 
according  to  the  preponderance  of  evidence;  that  in  criminal  actions 
guilt  must  be  established  beyond  reasonable  doubt; 

6.  That  evidence  is  to  be  estimated  not  only  by  its  own  intrinsic 
weight,  but  also  according  to  the  evidence  which  it  is  in  the  power 
of  one  side  to  produce  and  of  the  other  to  contradict;  and,  therefore, 

7.  That  if  weaker  and  less  satisfactory  evidence  is  offered,  when 
it  appears  that  stronger  and  more  satisfactory  was  within  the  power 
of  the  party,  the  evidence  offered  should  be  viewed  with  distrust. 

Ceoss-Re3t»ences 

Province  of  jury,  questions  of  fact,  see  section  2181  of  this  title. 
Credibility  of  witnesses,  jury  judges  of,  see  section  1864  of  this  title. 
Province  of  court,  see  sections  462  and  2182  of  this  title. 
Admissions,  see  section  1888  of  this  title. 

ARTICLE  6.— RIGHTS  AND  DUTIES  OF  WITNESSES 


Sec. 

2141.  Witness   bound   to  attend   when   sub- 

penaed. 

2142.  Witnt-ss  bound  to  answer  questions. 

2143.  Right   of   witness    to    protection. 

2144.  Witness   protected  from   arrest  when 

attending,   or  going,  or  returning. 


Sec. 

2145.  Arrest  void,  and  party  making  arrest 

liable,  etc. 

2146.  To  make  affidavit  if  arrested. 

2147.  Court    may    discharge    witness    from 

arrest. 


2141.  Witness  bound  to  attend  when  subpenaed. — A  witness 
served  with  a  subpena,  must  attend  at  the  time  appointed,  with  any 
papers  under  his  control  lawfully  required  by  the  subpena,  and 
answer  all  pertinent  and  legal  questions;  and,  unless  sooner  dis- 
charged, must  remain  until  the  testimony  is  closed. 

Cboss-Refekences 

Disobedience  to  subpena,  how  punished,  see  section  2046  of  this  title. 

Subpena,  .see  sections  2041  et  seq.,  of  this  title. 

Competency  of  veitnesses,  see  sections  1901  et  seq.,  of  this  title. 

Examination,  see  sections  2111  et  seq.,  of  this  title. 

Power  to  compel  attendance,  see  sections  23  and  31  of  this  title. 

Contempt,  see  section  1163  of  this  Utle. 

2142.  Witness  bound  to  answer  questions. — A  witness  must  an- 
swer questions  legal  and  pertinent  to  the  matter  in  issue,  though  his 
answer  may  establish  a  claim  against  himself;  but  he  need  not  give 
an  answer  which  will  have  a  tendency  to  subject  him  to  puni.shment 
for  a  felony;  nor  need  he  give  an  answer  which  will  have  a  direct 
tendency  to  degrade  his  character,  unless  it  be  to  the  very  fact  in 
issue,  or  to  a  fact  from  which  the  fact  in  issue  would  be  presumed. 
But  a  witness  must  answer  as  to  the  fact  of  his  previous  conviction 
for  felony. 

Cross-References 

Contempt,  see  sections  1161  et  seq.,  of  this  title. 

Privilege  of  witnesses  in  criminal  cases,  see  title  1,  section  1 ;  and  title  6, 
sections  10  and  673. 

2143.  Right  of  witness  to  protection. — It  is  the  right  of  a  witness 
to  be  protected  from  irrelevant,  improper,  or  insulting  questions,  and 


630 


THE  CODE  OF  CTVJL  PROCEDURE  [T.  4,  §2147 

from  harsh  or  insulting  demeanor;  to  be  detained  only  so  long  as 
the  interests  of  justice  require  it;  to  be  examined  only  as  to  matters 
legal  and  pertinent  to  the  issue. 

Cross-Reference 
Compare  section  2113  of  this  title. 

2144.  Witness  protected  from  arrest  when  attending,  or  going, 
or  returning. — Every  person  who  has  been,  in  good  faith,  served 
with  a  subpena  to  attend  as  a  witness  before  a  court,  judge,  commis- 
sioner, referee,  or  other  person,  in  a  case  where  the  disobedience  of 
the  witness  may  be  punished  as  a  contempt,  is  exonerated  from  arrest 
in  a  civil  action  while  going  to  the  place  of  attendance,  necessarily 
remaining  there,  and  returning  therefrom. 

2145.  Arrest  void,  and  party  making  arrest  liable,  etc. — The 

arrest  of  a  witness,  contrary  to  the  next  preceding  section,  is  void, 
and,  when  willfully  made,  is  a  contempt  of  the  court ;  and  the  person 
making  it  is  responsible  to  the  witness  arrested  for  double  the  amount 
of  the  damages  which  may  be  assessed  against  him,  and  is  also  liable 
to  an  action  at  the  suit  of  the  party  serving  the  witness  with  the 
subpena,  for  the  damages  sustained  by  him  in  consequence  of  the 
arrest. 

Cross-Referencb 

Contempt,  see  sections  1161  et  seq.,  of  this  title. 

2146.  To  make  affidavit  if  arrested. — An  officer  is  not  liable  to 
the  party  for  making  the  arrest  in  ignorance  of  the  facts  creating 
the  exoneration,  but  is  liable  for  any  subsequent  detention  of  the 
party,  if  such  party  claim  the  exemption,  and  make  an  affidavit 
stating : 

1.  That  he  has  been  served  with  a  subpena  to  attend  as  a  witness 
before  a  court,  officer,  or  other  person,  specifying  the  same,  the  place 
of  attendance,  and  the  action  or  proceeding  in  which  the  subpena 
was  issued ;  and 

2.  That  he  has  not  thus  been  served  by  his  own  procurement,  with 
the  intention  of  avoiding  an  arrest ; 

3.  That  he  is  at  the  time  going  to  the  place  of  attendance,  or 
returning  therefrom,  or  remaining  there  in  obedience  to  the  subpena. 

The  affidavit  may  be  taken  by  the  officer,  and  exonerates  him  from 
liability  for  discharging  the  witness  when  arrested. 

2147.  Court  may  discharge  witness  from  arrest. — The  court  or 
officer  before  whom  the  attendance  is  required,  may  discharge  the 
witness  from  an  arrest  made  in  violation  of  section  2144  of  this  title. 
If  the  court  has  adjourned  before  the  arrest,  or  before  application  for 
the  discharge,  a  judge  of  the  court  may  grant  the  discharge. 


631 


T.  4,  §  2151] 


THE  CODE  OF  CIVIL  PROCEDURE 


ARTICLE   7.— EVIDENCE    IN   PARTICULAR   CASES,   AND   MISCELLANE- 
OUS AND  GENERAL  PROVISIONS 


A.  Evidence  in  Pakticdlar  Cases 
Sec. 

2151.  An    offer   equivalent    to    tender. 

2152.  Whotver  pa.vs  entitled  to  receipt. 

2153.  Olijectioiis    to    tender   must   be    speci- 

fied. 

2154.  Compromise   offer   of   no    avail. 

2155.  Admission    of    defendant    in    divorce 

proceedings. 

B.  Proceedings  to  Perpetuate  Testimony 

2161.  Evidence  may  be  perpetuated. 

2162.  Manner    of    application     for    order ; 

order. 

2163.  Notice  of  time  and  place  to  be  given. 

2164.  Manner   of  taking  tlie  deposition. 

2165.  Papers  prima  facie  evidence. 

2166.  When  the  evidence  may  lie  produced. 

2167.  Effect  of  the  deposition. 


C.   Administration   of  Oaths   and  Affir- 
mations 

See. 

2171.  Judicial   and    certain   officers   author- 

ized to  administer  oaths. 

2172.  Form  of  ordinary  oath  to  a  witness. 

2173.  Form  may  be  varied  to  suit  witness' 

belief. 

2174.  Same. 

2175.  Any   person   who   prefers  it   may   de- 

clare or  affirm. 

D.   General  Provisions 

2181.  Questions  of  fact,  how  tried. 
•  21S2.  Questions    of   law    addressed   to    the 

court. 
2183.  Questions  of  fact  by  court  or  referee. 


A.  evidp:nce  in  particular  cases 

2151.  An  offer  equivalent  to  tender. — An  offer  in  writing  to  pay 
a  particular  sum  of  money,  or  to  deliver  a  written  instrument  or 
specific  personal  property,  is,  if  not  accepted,  equivalent  to  the  actual 
production  and  tender  of  the  money,  instrument,  or  property. 

Ceoss-Refeeences 

Offer  to  compromise,  see  sections  911  and  2154  of  tins  title. 
Offer  of  performance,  see  title  3.  sections  731  et  seq. 

2152.  Whoever  pays  entitled  to  receipt. — Whoever  pays  money, 
or  delivers  an  instrument  or  property,  is  entitled  to  a  receipt  therefor 
from  the  person  to  whom  the  payment  or  delivery  is  made,  and  may 
demand  a  proper  signature  to  such  receipt  as  a  condition  of  the  pa}^- 
ment  or  delivery. 

Cross-Refekekce 

Debtor  entitled  to,  see  title  3,  section  745. 

2153.  Objections  to  tender  must  be  specified. — The  person  to 

whom  a  tender  is  made  must,  at  the  time,  specify  any  objection  he 
may  have  to  the  money,  instrument,  or  property,  or  he  must  be 
deemed  to  have  waived  it;  and  if  the  objection  be  to  the  amount  of 
money,  the  terms  of  tlie  instrument,  or  the  amount  or  kind  of  prop- 
erty, he  must  specify  the  amount,  terms,  or  kind  which  he  requires, 
or  be  precluded  from  objecting  afterwards. 

Cross-Referbnck 
Objections  must  be  stated,  see  title  3.  section  747. 

2154.  Compromise  offer  of  no  avail. — An  offer  of  compromise  is 

not  an  admission  that  anything  is  due. 

Cross  Reference 
Offer  to  compromise,  see  sections  797  and  911  of  tliis  title. 


032 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2164 

2155.  Admission  of  defendant  in  divorce  proceedings. — In  pro- 
ceedings for  divorce,  no  admission  of  the  defendant  shall  be  taken 
as  evidence  unless  the  court  shall  be  satisfied  that  such  admission 
was  made  in  sincerity  and  without  fraud  or  collusion  to  enable  the 
plaintiff  to  obtain  a  divorce.  (Sept.  21,  1922,  ch.  370,  sec.  16,  42 
Stat.  1010;  Feb.  27,  1933,  ch.  127,  sec.  1224,  47  Stat.  1121.) 

B.    PROCEEDINGS  TO  PERPETUATE  TESTIMONY 

2161.  Evidence  may  be  perpetuated. — The  testimony  of  a  witness 
may  be  taken  and  perpetuated  as  provided  in  sections  2162  to  2167 
of  this  title. 

2162.  Manner  of  application  for  order;  order. — The  applicant 
must  produce  to  the  judge  of  the  district  court  a  petition,  verified 
by  the  oath  of  the  applicant,  stating : 

1.  That  the  applicant  expects  to  be  a  partj?^  to  an  action  in  a  court 
in  the  Canal  Zone,  and,  in  such  case,  the  names  of  the  persons  whom 
he  expects  will  be  adverse  parties;  or 

2.  That  the  proef  of  some  fact  is  necessary  to  perfect  the  title  to 
property  in  which  he  is  interested,  or  to  establish  marriage,  descent, 
heirship,  or  any  other  matter  which  may  hereafter  become  material 
to  establish,  though  no  suit  may  at  the  time  be  anticipated,  or,  if 
anticipated,  he  may  not  know  the  parties  to  such  suit ;  and 

3.  The  name  of  the  witness  to  be  examined,  his  place  of  residence, 
and  a  general  outline  of  the  facts  expected  to  be  proved. 

The  judge  to  whom  such  petition  is  presented  must  make  an  order 
allowing  the  examination,  and  designating  the  officer  before  whom 
the  same  must  be  taken,  and  prescribing  the  notice  to  be  given,  which 
notice,  if  the  parties  expectant  are  known  and  reside  in  the  Canal 
Zone,  must  be  personally  served,  and,  if  unknown,  such  notice  must 
be  served  on  the  clerk  of  the  court,  and  by  publication  thereof  in 
some  newspaper,  to  be  designated  by  the  judge,  for  the  same  period 
required  for  the  publication  of  summons.  The  judge  must  also 
designate  in  his  order  the  clerk  of  the  court  to  whom  the  deposition 
must  be  returned  when  taken. 

2163.  Notice  of  time  and  place  to  be  given. — The  person  ap- 
pointed by  the  judge  to  take  the  depositions  is  authorized,  if  a  resi- 
dent of  the  Canal  Zone,  on  receiving  a  copy  of  the  order  of  the  judge, 
and  of  the  notice  prescribed  in  the  next  preceding  section,  with  proof 
of  its  personal  service  or  publication;  or,  if  a  resident  outside  of  the 
Canal  Zone,  on  receiving  the  commission  mentioned  in  the  section 
next  following,  with  proof  of  like  service  of  publication  of  the  notice; 
to  take  the  deposition  of  the  witness  named  in  the  order  of  the  judge, 
or  in  the  commission,  or,  if  more  than  one  witness  is  thus  named,  of 
such  of  them  as  appear  before  him,  at  the  time  designated,  and  the 
taking  of  the  same  may  be  continued  from  time  to  time. 

2164.  Manner  of  taking  the  deposition. — The  examination  must 
be  by  question  and  answer,  and  if  the  testimony  is  to  be  taken  in 
a  State  of  the  United  States,  it  must  be  taken  upon  a  commission  to 
be  issued  by  the  judge  allowing  the  examination,  under  the  seal  of 
the  court  of  which  he  is  judge,  and,  upon  interrogatories,  to  be 
settled  in  the  same  manner  as  in  cases  of  depositions  taken  under 

93083—34—41  633 


T.  4,  §2165]  THE  CODE  OF  CIVIL  PROCEDURE 

commission  in  pending  actions,  unless  the  parties  expectant,  if 
known,  otherwise  agree.  If  such  parties  are  unknown,  notice  of  the 
settlement  of  the  interrogatories  shall  be  published  in  some  news- 
paper for  such  time  as  the  judge  may  designate.  The  deposition, 
when  completed,  must  be  carefully  read  to  or  by  the  witness  and  be 
subscribed  by  him,  then  certified  by  the  officer  or  person  taking  the 
same,  and  shall  then  be  sealed  up  and  delivered  or  transmitted  to  the 
clerk  designated  in  the  order  of  the  judge  allowing  the  examination, 
Avho  shall  file  the  same  when  received.  The  judge  allowing  the  exam- 
ination shall  file  with  the  clerk  the  order  for  the  examination,  the 
petition  on  which  the  same  was  granted,  with  proof  of  service  of  the 
order  and  notice. 

2165.  Papers  prima  facie  evidence. — The  petition  and  order,  and 
papers  filed  by  the  judge,  as  provided  in  the  next  preceding  section, 
or  a  certified  copy  thereof,  are  prima  facie  evidence  of  the  facts 
stated  therein  to  show  compliance  with  the  provisions  of  sections 
2161  to  2167  of  this  title. 

2166.  When  the  evidence  may  be  produced. — If  a  trial  be  had 
between  the  parties  named  in  the  petition  as  parties  expectant 
or  their  successors  in  interest,  or  between  any  parties  wherein  it  may 
be  material  to  establish  the  facts  which  such  depositions  prove,  or 
tend  to  prove,  upon  proof  of  the  death,  or  insanity  of  the  witnesses, 
or  that  they  cannot  be  found  or  are  unable,  by  reason  of  age  or 
other  infirmity,  to  give  their  testimony,  the  depositions  or  copies 
thereof  may  be  used  by  either  party,  subject  to  all  legal  objections; 
but  if  the  parties  attended  at  the  examination,  no  objections  to  the 
form  of  an  interrogatory  can  be  made  at  the  trial,  unless  the  same 
was  stated  at  the  examination. 

2167.  Effect  of  the  deposition. — The  deposition  so  taken  and 
read  in  evidence  has  the  same  effect  as  the  oral  testimony  of  the 
witness,  and  no  other,  and  every  objection  to  the  witness,  or  to  the 
relevancy  of  any  question  put  to  him,  or  of  any  answer  given  by 
him,  may  be  made  in  the  same  manner  as  if  he  were  examined  orally 
at  the  trial. 

C.   ADMINISTRATION   OF  OATHS   AND   AFFIRMATIONS 

2171.  Judicial  and  certain  officers  authorized  to  administer 
oaths. — Every  court,  every  judge,  or  clerk  of  any  court,  every  magis- 
trate, and  every  notary  public,  and  every  officer  or  person  authorized 
to  take  testimony  in  any  action  or  proceeding,  or  to  decide  upon 
evidence,  has  power  to  administer  oaths  or  affij'mations. 

Ckoss-References 

Officer  taking  proof  of  acknowledgment  may  administer,  see  title  3,  section 
507. 

Administration  of  oaths,  by  whom,  see  sections  23  and  31  of  this  title. 

Authority  of  certain  Canal  officers  to  administer  oaths  for  the  certification  of 
official  papers,  see  title  2,  section  41. 

2172.  Form  of  ordinary  oath  to  a  witness. — An  oath,  or  affirma- 
tion, in  an  action  or  proceeding,  may  be  administered  as  follows, 

634 


THE  CODE  OF  CIVIL  PROCEDURE  [T.  4,  §  2183 

the  person  who  swears,  or  affirms,  expressing  his  assent  when  ad- 
dressed in  the  following  form :  "  You  do  solemnly  swear  (or  affirm, 
as  the  case  ma}^  be),  that  the  evidence  you  shall  give  in  this  issue  (or 

matter),  pending  between and ,  shall  be  the  truth,  the 

whole  truth,  and  nothing  but  the  truth,  so  help  you  God," 

2173.  Form  may  be  varied  to  suit  witness'  belief. — Whenever 
the  court  before  which  a  person  is  offered  as  a  witness  is  satisfied 
that  he  has  a  peculiar  mode  of  swearing,  connected  with  or  in  addi- 
tion to  the  usual  form  of  administration,  which,  in  his  opinion,  is 
more  solemn  or  obligatory,  the  court  may,  in  its  discretion,  adopt 
that  mode. 

2174.  Same. — When  a  person  is  sworn  who  believes  in  any  other 
than  the  Christian  religion,  he  may  be  sworn  according  to  the 
peculiar  ceremonies  of  his  religion,  if  there  be  any  such. 

2175.  Any  person  who  prefers  it  may  declare  or  affirm. — Any 

person  who  desires  it  may,  at  his  option,  instead  of  taking  an  oath 
make  his  solemn  affirmation  or  declaration,  by  assenting,  when  ad- 
dressed, in  the  following  form:  "  You  do  solemnly  affirm  (or  declare) 
that  "  and  so  forth,  as  in  section  2172  of  this  title. 

D,   GENERAL   PROVISIONS 

2181.  Questions  of  fact,  how  tried. — All  questions  of  fact,  other 
than  those  mentioned  in  the  section  next  following,  are  to  be  decided 
by  the  jury,  when  the  trial  is  by  jury,  and  all  evidence  thereon  is  to 
be  addressed  to  them,  except  when  otherwise  provided  by  this  title. 

Cross-Refekence 
Effect  of  evidence,  for  jurj-,  see  section  2131  of  this  title. 

2182.  Questions  of  law  addressed  to  the  court. — All  questions  of 
law,  including  the  admissibility  of  testimony,  the  facts  preliminary 
to  such  admissions,  and  the  construction  of  statutes  and  other  writ- 
ings, and  other  rules  of  evidence,  are  to  be  decided  by  the  court,  and 
all  discussions  of  law  addressed  to  it.  Whenever  the  knowledge  of 
the  court  is,  by  this  title,  made  evidence  of  a  fact,  the  court  is  to 
declare  such  knowledge  to  the  jury,  who  are  bound  to  accept  it. 

Cbos  s-Rejfebences 

Scope  of  judicial  notice,  see  section  1891  of  this  title. 

(Questions  of  law,  how  tried,  see  sections  434  and  784  of  this  title. 

2183.  Questions  of  fact  by  court  or  referee. — The  provisions  con- 
tained in  this  chapter  respecting  the  evidence  on  a  trial  before  a 
jury,  are  equally  applicable  on  the  trial  of  a  question  of  fact  before 
a  court,  referee,  or  other  officer. 


635 


THE  CRIMINAL  CODE 


[T.  5,  §  5 


TITLE  5.— THE  CRIMINAL  CODE 


Ch.  Sec. 

1.  General  provisions. 1 

2.  Crimes  and  penalties 21 

3.  Parties  to  crime..- 51 

4.  Subsequent  offenses. 71 

5.  Conspiracy... 81 

6.  Crimes   by  and  against    the    executive 

power 91 

7.  Crimes  against  the  postal  service 111 

8.  Crimesagainstpublic justice 121 

9.  Crimesagainst  the  person. 251 


Ch.  8t»c. 

10.  Crimes  against  |)ublic  decency  and  good 

morals — --  391 

11.  Crimes   against    the   public    health   and 

safety 601 

12.  Crimesagainst  thepublicpeace... 591 

13.  Crimes  against  the  revenue  of  the  Canal 

Zone.. 621 

14.  Crimes  against  property ._ 641 

15.  Carrying  and  keepingof  arms;  hunting —  871 


CHAPTER  1.— GENERAL  PROVISIONS 


Sec. 

1.  Name  of  title. 

2.  Ofifenses   committed   prior   to  time  when 

title  taljes  effect. 

3.  Construction  of   this   title. 

4.  Construction  of  words  and  phrases. 

5.  Definition    of   various    terms. 

6.  Arrest  only  for  crimes  declared  in  Code ; 

exceptions. 


Sec. 

7.  Civil  liability  for  offenses  ;  effect  of  this 

title. 

8.  Forfeiture  of  property  upon  conviction. 

9.  Forfeiture    of    public    office    upon    con- 

viction. 

10.  Value  of  property  as  determining  grade 

of  offense. 

11.  Effect    of    title    upon    power    of    courts 

martial  and  others. 


Section  1.  Name  of  title. — This  title  shall  be  known  as  the  Crimi- 
nal Code  of  the  Canal  Zone.  (Feb.  21,  1933,  ch.  1U9,  sec.  1[1],  47 
Stat.  859.) 

2.  Offenses  committed  prior  to  time  when  title  takes  effect. — 

Nothing  contained  in  this  title  shall  apply  to  an  offense  committed 
prior  to  the  time  when  this  title  takes  effect.  Such  an  offense  shall 
be  punished  according  to  the  provisions  of  law  existing  when  it  was 
committed  in  the  same  manner  as  if  this  title  had  not  been  enacted. 
(Feb.  21,  1933,  ch.  109,  sec.  115,  47  Stat.  879.) 

3.  Construction  of  this  title. — All  provisions  and  sections  of  this 
title  are  to  be  construed  according  to  the  fair  construction  of  their 
terms,  with  a  view  to  effect  its  object  and  to  promote  justice. 

4.  Construction  of  words  and  phrases. — As  used  in  this  title — 

a.  Words  and  phrases  must  be  construed  according  to  the  context 
and  the  approved  usage  of  the  language. 

b.  Words  in  the  present  tense  include  the  future  as  well  as  the 
present. 

c.  Words  in  the  masculine  gender  include  all  genders  except  where 
such  construction  would  be  absurd  or  unreasonable. 

d.  The  singular  number  includes  the  plural  and  the  plural  the 
singular. 

e.  Words  giving  a  joint  authority  to  three  or  more  public  officers 
or  other  persons  are  construed  as  giving  such  authority  to  a  majority 
of  them,  unless  it  be  otherwise  expressed  in  the  act  giving  them 
authority. 

5.  Definitions  of  various  terms. — As  used  in  this  title  unless 
otherwise  apparent  from  the  context — 

a.  "  Bribe  "  signifies  anything  of  value  or  advantage  present  or 
prospective  or  any  promise  or  undertaking  to  give  anything  asked, 
given,  or  accepted,  with  a  corrupt  intent  to  influence  unlawfully 


637 


T.  5,  §  5]  THE  CRIMINAL  CODE 

the  person  to  whom  it  is  given,  in  his  action,  vote  or  opinion,  in 
any  public  or  official  capacity. 

b.  "  Corruptly  "  imports  a  wrongful  design  to  acquire  or  cause 
some  pecuniary  or  other  advantage  to  the  person  guilty  of  the  act 
or  omission  referred  to,  or  to  some  other  person. 

c.  "  Depose "  embraces  every  mode  of  written  statement  under 
oath  or  affirmation. 

d.  "  Knowingly "  imports  a  personal  Iniowledge.  It  does  not 
require  any  knowledge  of  the  unlawfulness  of  the  act  or  omission. 

e.  "  Malice  "  and  "  maliciouslj^  "  import  the  doing  of  a  wrongful 
act  intentionally  without  just  cause  or  excuse,  a  conscious  violation 
of  the  law  to  the  prejudice  of  another. 

f .  "  Month  "  means  a  calendar  month  unless  otherwise  expressed. 

g.  "  Neglect  ",  "  negligence  ",  "  negligent  ",  and  "  negligently  ", 
import  a  want  of  such  attention  to  the  nature  or  probable  conse- 
quences of  the  act  or  omission  as  a  prudent  man  ordinarily  bestows 
in  acting  in  his  own  concerns. 

h.  "  Oath  "  includes  affirmation  or  declaration. 

i.  "  Person  "  includes  a  corporation  as  well  as  a  natural  person. 
Whenever  any  property  or  interest  is  intended  to  be  protected  by  a 
provision  of  this  title  and  the  general  term  "  person  "  or  any  other 
general  term  is  used  to  designate  the  party  whose  property  it  is 
intended  to  protect,  the  provision  of  this  title  and  the  protection 
thereby  given  shall  extend  to  the  property  of  the  United  States  of 
America,  or  of  any  State,  Territory,  or  possession  of  the  United 
States,  and  any  other  political  entity,  foreign,  or  domestic.  This 
provision  shall  not  be  construed  to  restrict  the  meaning  of  the  term 
"  person  "  as  defined  under  any  other  provision  of  this  title. 

j.  "Personal  property"  includes  money,  goods,  chattels,  things 
in  action,  and  evidences  of  debt. 

k.  "  Process  "  signifies  a  writ  or  summons  issued  in  the  course  of 
judicial  proceedings. 

1.  "  Property  "  includes  both  real  and  personal  property. 

m.  "  Real  property  "  is  coextensive  with  lands  and  whatever  is 
erected  or  growing  upon  or  fixed  to  the  land. 

n.  "  Seal ",  when  the  seal  of  a  court  or  public  officer  is  required 
by  law  to  be  affixed  to  any  paper,  includes  an  impression  of  such 
seal  upon  the  paper  alone,  or  upon  any  substance  attached  to  the 
paper  capable  of  receiving  a  visible  impression.  The  seal  of  a 
private  person  may  be  made  in  like  manner,  or  by  the  scroll  of  a 
pen,  or  by  writing  the  word  "  seal "  against  his  name. 

o.  "  Signature  "  or  "  subscription  "  includes  mark,  when  the  per- 
son cannot  write,  his  name  being  written  near  it,  and  witnessed  by 
a  person  who  writes  his  own  name  as  a  witness. 

p.  "State",  when  applied  to  the  different  parts  of  the  United 
States,  includes  the  District  of  Columbia  and  Territories. 

q.  "  Testify  "  embraces  every  mode  of  oral  statement  under  oath 
or  affirmation. 

r.  "United  States"  includes  the  District  of  Columbia  and  the 
Territories. 

s.  "  Vessel  ",  when  used  with  reference  to  shipping,  includes  ships 
of  all  kinds,  steamboats,  barges,  and  e\ery  structure  adapted  to  be 

638 


THE  CRIMINAL  CODE  ['1\  5,  §  1 1 

navigated  from  place  to  place  for  the  transportation  of  merchandise 
or  persons. 

t.  "  Will  "  includes  codicils. 

u.  "  Willfully  ",  when  applied  to  the  intent  with  which  an  act 
is  done  or  omitted,  implies  simpl}^  a  purpose  or  willingness  to  commit 
the  act,  or  make  the  omission  referred  to.  It  does  not  require  any 
hitent  to  violate  law,  or  to  injure  another,  or  to  acquire  any 
advantage. 

V.  "  Writ "  signifies  an  order  or  precept  in  writing  issued  in 
the  name  of  the  ])eople  or  of  a  court  or  judicial  officer. 

w.  "  Writing  "  includes  printing. 

X.  "  Year  "  means  a  calendar  year.  (Sept.  21,  1922,  ch.  370,  sec.  9 
[461,  par.  17],  42  Stat.  1007;  Feb.  21,  1933,  ch.  109,  sec.  114  [461 
first  subd.],  47  Stat.  879.) 

6.  Arrest  only  for  crimes  declared  in  Code;  exceptions. — No 
person  shall  be  arrested  for  any  crime  or  offense  unless  the  crime  or 
offense  is  expressly  declared  in  the  Canal  Zone  Code,  except — 

a.  For  crimes  and  offenses  against  laws  of  the  United  States  ap- 
plicable to  the  Canal  Zone ; 

b.  For  crimes  and  offenses  against  laws  hereafter  enacted  by  the 
Congress  of  the  United  States  for  the  Canal  Zone ;  and 

c.  For  violations  of  rules  and  regulations  authorized  by  law  to  be 
promulgated  and  for  the  violation  of  which  punishment  is  prescribed 
by  law. 

7.  Civil  liability  for  offenses;  effect  of  this  title. — The  omission 
to  specify  or  affirm  in  this  title  any  liability  to  damages,  penalty,  for- 
feiture, or  other  remedy  imposed  by  law,  and  allowed  to  be  recovered 
or  enforced  in  any  civil  action  or  proceeding,  for  any  act  or  omission 
declared  punishable  herein,  does  not  affect  any  right  to  recover  or 
enforce  the  same. 

8.  Forfeiture  of  property  upon  conviction. — No  conviction  of  any 
person  for  crime  works  any  forfeiture  of  any  property,  except  in 
cases  in  which  a  forfeiture  is  expressly  imposed  b}^  law. 

9.  Forfeiture  of  public  office  upon  conviction. — The  omission  to 
specify  or  affirm  in  this  title  any  ground  of  forfeiture  of  a  public 
office,  or  other  trust  or  special  authority  conferred  by  law,  or  any 
power  conferred  by  law  to  impeach,  remove,  depose,  or  suspend  any 
public  officer  or  other  person  holding  any  trust,  appointment  or 
other  special  authority  conferred  by  law,  does  not  affect  such  for- 
feiture or  power,  or  any  proceeding  authorized  by  law  to  carry  into 
effect  such  impeachment,  removal,  deposition,  or  suspension. 

10.  Value  of  property  as  determining  grade  of  offense. — Wlien- 
ever  in  this  title  the  character  or  grade  of  an  offense  or  its  punish- 
ment is  made  to  depend  upon  the  value  of  the  property,  such  value 
shall  be  estimated  exclusively  in  United  States  gold  coin. 

11.  Effect  of  title  upon  power  of  courts  martial  and  others. — 

This  title  shall  not  affect  any  power  which  is  conferred  by  law  upon 
any  court  martial,  military  authority  or  other  officer,  or  upon  any 
public  body,  tribunal,  or  officer,  to  impose  or  inflict  punishment  upon 
offenders. 

639 


T.5,  §21] 


THE  CRIMINAL  CODE 


CHAPTER  2.— CRIMES  AND  PENALTIES 


Art. 

1.  In   general 


Sec. 


Sec. 
21 


Art. 

2.  Attempts 
general- 


to    commit    crime ;    in 


Sec. 
41 


ARTICLE  1.— IN  GENERAL 


Sec. 

28.  Omission   to  perform  act  performed  by 
another. 

29.  Crime  which  is  also  contempt  of  court. 

30.  Offenses     involving    sending    of    letter, 
when  complete. 

31.  Punishment  of  act  declared  to  be  public 
offense. 


21.  Crime  or  public  offense  defined. 

22.  Union  of  act  and  intent  or  negligence. 

23.  Felonies  and  misdemeanors. 

24.  Felony  defined  ;  misdemeanor  defined. 

25.  Felony,  how  punished. 

26.  Misdemeanor,  how  punished. 

27.  Offense    made    punishable    in    different 

ways. 

Section  21.  Crime  or  public  offense  defined. — A  crime  or  public 
offense  is  an  act  committed  or  omitted  in  violation  of  a  law  forbid- 
ding- or  commanding  it  and  to  which  is  annexed,  upon  conviction, 
any  of  the  following  punishments : 

a.  Death; 

b.  Imprisonment; 

c.  Fine; 

d.  Removal  from  office;  or 

e.  Disqualification  to  hold  and  enjoy  any  office  of  honor,  trust, 
or  profit. 

22.  Union  of  act  and  intent  or  negligence. — In  every  crime  or 
public  offense  there  must  exist  a  union  or  joint  operation  of  act 
and  intent  or  criminal  negligence. 

Cross-References 

Manifestations  and  presumptions  as  to  intent,  see  title  6,  section  374. 
Intent  to  defraud,  see  title  6,  section  375. 

23.  Felonies  and  misdemeanors. — Crimes  are  divided  into — 

a.  Felonies;  and 

b.  Misdemeanors. 

24.  Felony  defined;  misdemeanor  defined. — As  to  all  offenses  in- 
cluded in  this  title,  a  felony  is  a  crime  which  is  ])unishable  by  death 
or  by  imprisonment  in  the  penitentiary.  Every  other  crime  is  a 
misdemeanor.  When  a  crime  puni.shable  by  imprisonment  in  the 
penitentiary  is  also  punishable  by  fine  or  imprisonment  in  jail,  in  the 
discretion  of  the  court,  it  shall  be  deemed  a  misdemeanor  for  all 
j)urposes  after  a  judgment  imposing  a  punishment  other  than  im- 
prisonment in  the  penitentiary. 

As  to  all  offenses  against  the  general  laws  of  tlie  United  States 
applicable  to  the  Canal  Zone,  a  felony  is  a  crime  which  is  puni.shable 
by  death  or  imprisonment  for  a  term  exceeding  one  year,  and  all 
other  such  offenses  shall  be  deemed  misdemeanors.  (Feb.  21,  1933, 
ch.  109,  sec.  4  [14],  47  Stat.  859.) 

Ckos  s  -Referen  ce 

Sentence  for  felony  to  include  provision  for  imprisonment  at  hard  labor,  see 
title  6,  section  498. 

25.  Felony,  how^  punished. — Except  in  cases  where  a  different 
punishment  is  prescribed  by  law,  every  offense  declared  to  be  a 


640 


THE  CRIMINAL  CODE  [T.  5,  §  41 

felony  is  punishable  by  imprisonment  in  the  penitentiary  for  not 
more  than  five  years  or  by  a  fine  of  not  more  than  $5,000,  or  by  both. 
(Feb.  21,  1933,  ch.  109,  sec.  5  [15],  47  Stat.  859,) 

26.  Misdemeanor,  how  punished. — Except  in  cases  where  a  dif- 
ferent punishment  is  prescribed  by  law,  every  oft'ense  declared  to 
be  a  misdemeanor  is  punishable  by  imprisonment  in  jail  for  not 
more  than  thirty  days  or  by  a  fine  of  not  more  than  $100,  or  by 
both.     (Feb.  21,' 1933,  ch.  109,  sec.  6  [16],  47  Stat.  859.) 

27.  Oifense  made  punishable  in  different  ways. — An  act  or  omis- 
sion which  is  made  punishable  in  different  ways  by  different  pro- 
visions of  this  title  may  be  punished  under  either  of  such  provisions 
but  in  no  case  can  it  be  punished  under  more  than  one. 

28.  Omission  to  perform  act  performed  by  another. — No  person 

is  punishable  for  an  omission  to  perform  an  act  where  such  act  has 
been  performed  by  another  person  acting  in  his  behalf  and  com- 
petent by  law  to  perform  it. 

29.  Crime  which  is  also  contempt  of  court. — A  criminal  act  is 
not  less  punishable  as  a  crime  because  it  is  also  declared  to  be  punish- 
able as  a  contempt  of  court. 

CrOSS-ReFEEEN  CBS 

Contempt  of  court,  see  sections  211  and  212  of  this  title. 

Mitigation  of  sentence  where  act  already  punished  as  contempt,  see  title  6, 
section  496. 

30.  Offenses  involving  sending  of  letter,  when  complete. — In  the 

various  cases  in  which  the  sending  of  a  letter  is  made  criminal  by 
this  title,  the  offense  is  deemed  complete  from  the  time  when  such 
letter  is  deposited  in  any  post  office  or  any  other  place,  or  delivered 
to  any  person  with  intent  that  it  shall  be  forwarded  or  delivered. 

CrOS  S-RE!FEBE'NCB 

Offenses  against  the  Postal  Service,  see  section  111  of  this  title. 

31.  Punishment  of  act  declared  to  be  public  offense. — When  an 

act  or  omission  is  declared  by  a  statute  to  be  a  public  offense,  and 
no  penalty  for  the  offense  is  prescribed  in  any  statute,  the  act  or 
omission  is  punishable  as  a  misdemeanor. 

ARTICLE   2.— ATTEMPTS   TO   COMMIT   CRIME;   IN   GENERAL 


Sec. 

43.  Commission    of    crime    in    unsuccessful 
attempt  to  commit  another  crime. 


Sec. 

41.  Attempts  to  commit  crime ;  punishment. 

42.  Prosecution   for   attempt   though   criuie 

was  actually  completed. 

41.  Attempts  to  commit  crime;  punishment. — Every  person  who 
attempts  to  commit  any  crime,  but  fails  or  is  prevented  or  inter- 
cepted in  the  perpetration  thereof,  is  punishable,  where  no  provision 
is  made  by  law  for  the  punishment  of  such  attempts,  as  follows : 

a.  If  the  offense  so  attempted  is  punishable  by  imprisonment  for 
five  years,  or  more,  the  person  guilty  of  such  attempt  is  punishable  by 
imprisonment  for  a  term  not  exceeding  one  half  the  longest  term  of 
imprisonment  prescribed  upon  a  conviction  of  the  offense  so 
attempted. 

641 


T.  5,  §  42]  THE  CRIMINAL  CODE 

b.  If  the  offense  so  attempted  is  punishable  by  imprisonment  for 
any  term  less  than  five  years,  the  person  guilty  of  such  attempt  is 
punishable  by  imprisonment  for  not  more  than  one  year. 

c.  If  the  offense  so  attempted  is  punishable  by  a  fine,  the  offender 
convicted  of  such  attempt  is  punishable  by  a  fine  of  not  more  than 
one  half  the  largest  fine  which  may  be  imposed  upon  a  conviction  of 
the  offense  so  attempted. 

d.  If  the  offense  so  attempted  is  punishable  by  imprisonment  and 
by  a  fine,  the  offender  convicted  of  such  attempt  may  be  punished  by 
both  imprisonment  and  one  half  the  largest  fine  which  may  be  im- 
posed upon  a  conviction  for  the  offense  so  attempted. 

Attempts  included  in  sections  oOl,  302,  and  311  to  313  of  this  title, 
are  not  included  in  this  section. 

Ckoss-References 

Boardiiig  train  with  intent  to  rob,  see  section  294  of  this  title. 
Acts  done  \Yitli  intent  to  wreck  train,  see  section  303  of  this  title. 

42.  Prosecution  for  attempt  though  crime  was  actually  com- 
pleted.— Any  person  may  be  tried  and  convicted  of  an  attempt  to 
commit  a  crime,  although  it  appears  at  the  trial  that  the  crime  was 
actually  committed  as  intended  or  attempted,  unless  the  court  in  its 
discretion  dismisses  the  charges  and  directs  the  person  to  be  tried  for 
tile  crime.     (Feb.  21,  1933,  ch.  109,  sec.  14  [44],  47  Stat.  860.) 

43.  Commission  of  crime  in  unsuccessful  attempt  to  commit  an- 
other crime. — The  two  next  preceding  sections  do  not  protect  a 
person  who,  attempting  unsuccessfully  to  commit  a  crime,  accom- 
plishes the  commission  of  another,  whether  greater  or  less  in  guilt, 
from  suffering  the  punishment  prescribed  by  law  for  the  crime  com- 
mitted. 

CHAPTER  3.— PARTIES  TO  CRIME 


51.  Principals  and  accessories. 

52.  Principals,  wtio  are. 

53.  Accessories,  who  are. 

54.  Accessories,  how  punished. 

55.  Counseling  or  aiding  in  misdemeanor. 


Sec. 

56.  Persons  liable  to  prosecution   and   pun- 

ishment. 

57.  Persons    capable   of   committing   crimes. 

58.  Intoxication    as    defense ;    consideration 

in  determining  intent. 


Section  51.  Principals  and  accessories. — The  parties  to  crimes 
are  classified  as — 

a.  Principals;  and 

b.  Accessories. 

52.  Principals,  who  are. — All  persons  concerned  in  the  commis- 
.*ion  of  a  crime,  whether  it  be  felony  or  misdemeanor,  and  whether 
they  directly  commit  the  act  constituting  the  offense,  or  aid  or  abet 
in  its  commission,  or,  not  being  present,  have  advised  and  encouraged 
its  commission,  and  all  persons  counselling,  advising  or  encouraging 
children  under  the  age  of  fourteen  3^ears,  lunatics,  or  idiots,  to  com- 
mit any  crime,  or  who,  by  fraud,  contrivance  or  force,  occasion  the 
(h'unkenness  of  another  for  the  purpose  of  causing  him  to  commit 
any  crime,  are  principals  in  any  crime  so  committed. 

Ckoss-Re:febence 
Persons  triable  for  felony  as  principals,  see  title  6,  section  211. 

842 


THE  CRIMINAL  CODE  [T.  5,  §  57 

53.  Accessories,  who  are. — All  persons  who,  with  knowledge  that 
a  felony  has  been  committed,  conceal  it  from  the  proper  authorities, 
or  harbor  and  protect  the  person  charged  with  or  convicted  thereof, 
are  accessories. 

Cboss-Referenoe 

Prosecution  of  accessory  to  felony  where  princii);il  is  ncil  prosecuted,  see 
title  6,  section  212. 

54.  Accessories,  how  punished. — Except  in  cases  where  a  differ- 
ent punishment  is  prescribed,  an  accessory  to  a  felony  is  punishable 
in  the  same  manner  and  extent  as  the  principal. 

55.  Counselling  or  aiding  in  misdemeanor. — Whenever  an  act  is 
declared  a  misdemeanor  and  no  punishment  for  counselling  or  aid- 
ing in  the  commission  of  the  act  is  expressly  prescribed  by  law, 
every  person  who  counsels  or  aids  another  in  the  commission  of  the 
act  is  guilty  of  a  misdemeanor. 

56.  Persons  liable  to  prosecution  and  punishment. — The  follow- 
ing persons  are  liable  to  prosecution  and  punishment : 

a.  All  persons  who  commit,  in  whole  or  in  part,  any  crime  within 
the  jurisdiction  of  the  courts. 

b.  All  who  commit  any  offense  outside  of  the  Canal  Zone  which, 
if  committed  within  the  Canal  Zone,  would  be  larceny,  robbery,  or 
embezzlement  under  the  laws  of  the  Canal  Zone,  and  bring  the 
property  stolen  or  embezzled,  or  any  part  of  it,  or  are  found  with 
it,  or  any  part  of  it,  within  the  Canal  Zone. 

c.  All'  who,  being  beyond  the  jurisdiction  of  the  courts,  cause  or 
aid,  advise  or  encourage  another  person  to  commit  a  crime  within 
the  territory  of  the  Canal  Zone  and  are  afterwards  found  therein. 
(Feb.  21,  1933,  ch.  109,  sec.  11  [34,  subd.  2],  47  Stat.  860.) 

Ckoss-Refekence 

Bringing  into  Canal  Zone  property  stolen  or  embezzled  elsewhere,  see,  also, 
section  788  of  this  title. 

57.  Persons  capable  of  committing  crimes. — All  persons  are 
capable  of  committing  crimes  except  those  belonging  to  the  follow- 
ing classes: 

a.  All  children  under  the  age  of  seven  years. 

b.  Children  over  the  age  of  seven  years  but  under  the  age  of  four- 
teen years,  in  the  absence  of  clear  proof  that  at  the  time  of  commit- 
ting the  act  charged  against  them  they  knew  its  wrongfulness. 

c.  Idiots. 

d.  Lunatics  and  insane  persons;  but  a  morbid  propensitj^  to  com- 
mit prohibited  acts,  existing  in  the  mind  of  a  person  who  is  not 
shoAvn  to  have  been  incapable  of  knowing  the  wrongfulness  of  such 
acts,  forms  no  defense  to  a  prosecution  therefor. 

e.  Persons  who  committed  the  act  or  made  the  omission  charged 
through  ignorance  or  mistake  of  fact,  which  disproved  criminal 
intent. 

f .  Persons  who  committed  the  act  charged  without  being  conscious 
thereof. 

643 


T.  5,  §  58]  THE  CRIMINAL  CODE 

g.  Persons  who  committed  the  act  or  made  the  omission  charged 
through  misfortune  or  by  accident,  when  it  appears  that  there  was  no 
evil  design,  intention,  or  culpable  negligence. 

h.  If  the  act  committed  were  intended  to  be  against  a  person  other 
than  the  one  actually  injured,  the  person  committing  the  offense  is 
answerable  as  though  it  were  committed  against  the  person  intended. 

i.  Married  women,  except  for  felonies,  acting  under  the  threats, 
command,  or  coercion  of  their  husbands.  In  cases  of  felonies,  how- 
ever, the  wife  is  not  excused  from  punishment  by  reason  of  her 
subjection  to  the  power  of  her  husband,  unless  the  facts  proved  show 
a  case  of  duress. 

j.  Persons,  unless  the  crime  be  punishable  with  death,  who  com- 
mitted the  act  or  made  the  omission  charged  under  threats  or 
menaces  sufficient  to  show  that  they  had  reasonable  cause  to,  and 
did  believe  their  lives  would  be  endangered  if  they  refused. 

CROS  S-REFEKBN  CE 

Inquiry  into  insanity  of  defendant  before  trial  or  after  conviction,  see  title 
6,  sections  811  to  816. 

58.  Intoxication  as  defense;  consideration  in  determining  in- 
tent.— No  act  committed  by  a  person  Avhile  in  a  state  of  voluntary 
intoxication  is  less  criminal  by  reason  of  his  having  been  in  such 
condition;  but  whenever  the  actual  existence  of  any  particular  pur- 
pose, motive,  or  intent  is  a  necessary  element  to  constitute  any  par- 
ticular species  or  degree  of  crime,  the  court  or  jury  m-dj  take  into 
consideration  the  fact  that  the  accused  was  intoxicated  at  the  time 
in  determining  the  purpose,  motive,  or  intent  with  which  he  com- 
mitted the  act.     (Feb.  21,  1933,  ch.  109,  sec.  12  [37],  47  Stat.  860.) 

Cros  s-Reifeeein  ces 

Intoxication  in  a  public  place  as  an  offense,  see  section  603  of  this  title. 
Driving  motor  vehicle  while  intoxicated,  see  sections  512  and  513  of  this  title. 
Act  by  intoxicated  physician  endangering  life,  see  section  372  of  this  title. 

CHAPTER  4.— SUBSEQUENT  OFFENSES 


Sec. 

71.  Punishment  for  offenses  committed  af- 

ter conviction   of  prior   penitentiary 
offense. 

72.  Punishment     for     offenses     committed 

after  conviction   of  petit  larceny   or 
attempting   penitentiary   offense. 
T.i.  Punishment      for      offenses     committed 
after    conviction    of   penitentiary    of- 
fense  elsewhere. 


Sec. 

74.  Punishment     for     third     conviction     of 

felony  ;  habitual  criminals. 

75.  Permit   to   habitual   criminals   to   be   at 

liberty  ;   issuance  and   revocation. 
7(5.   Return    of    habitual    criminal    to    peni- 
tentiary  upon   revocation   or   voidinj; 
of  permit. 


Section  71.  Punishment  for  offenses  committed  after  conviction 
of  prior  penitentiary  offense. — Every  person  who,  having  been  con- 
victed of  an  offense  punishable  by  imprisonment  in  the  penitentiary, 
commits  any  crime  after  such  conviction,  is  punishable  therefor  as 
follows : 

a.  If  the  offense  of  which  such  person  is  subsequently  convicted 
is  such  that,  upon  a  first  conviction,  an  offender  would  be  punishable 
by  imprisonment  in  the  penitentiary,  for  any  term  exceeding  five 
years,  such  person  is  punishable  by  imprisonment  in  the  penitentiary 
for  not  less  than  ten  years. 

e44 


THE  CRIMINAL  CODE  [T.  5,  §  74 

b.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction,  the 
offender  woukl  be  punishable  by  imprisonment  in  the  penitentiary 
for  five  years,  or  any  less  term,  then  the  person  convicted  of  such 
subsequent  offense  is  punishable  by  imprisonment  in  the  penitentiary 
for  not  more  than  ten  j'ears. 

c.  If  the  subsequent  conviction  is  for  petit  larceny,  or  any  attempt 
to  commit  an  ofi'ense  wliich,  if  committed,  would  be  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  five  years,  then 
the  person  convicted  of  such  subsequent  offense  is  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  five  years. 

Cross-references 

Charging  previous  conviction  of  another  offense,  see  title  6,  section  195. 
Verdict   on   charge   of  previous   conviction   of   another   offense,   see   title   6, 
section  413. 

72.  Punishment  for  offenses  committed  after  conviction  of  petit 
larceny  or  attempting  penitentiary  offense. — Every  person  who, 
having  been  convicted  of  petit  larceny,  or  of  an  attempt  to  cominit 
an  offense  which,  if  perpetrated,  would  be  punishable  by  imprison- 
ment in  the  penitentiary,  commits  any  crime  after  such  conviction, 
is  punishable  as  follows : 

a.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction, 
the  offender  would  be  punishable  by  imprisonment  in  the  penitentiary 
for  life  at  the  discretion  of  the  court,  such  person  is  punishable  by 
imprisonment  in  the  penitentiary  during  life. 

b.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction, 
the  offender  would  be  punishable  by  imprisonment  in  the  penitentiary 
for  any  term  less  than  for  life,  such  person  is  punishable  by  im- 
prisonment in  such  prison  for  the  longest  term  prescribed,  upon  a 
conviction  for  such  first  offense. 

c.  If  the  subsequent  conviction  is  for  petit  larceny,  or  for  an  at- 
tempt to  commit  an  offense  which,  if  perpetrated,  would  be  punish- 
able by  imprisonment  in  the  penitentiary,  then  such  person  is  punish- 
able by  imprisonment  in  the  penitentiary  for  not  more  than  five 
years. 

73.  Punishment  for  offenses  committed  after  conviction  of 
penitentiary  offense  elsewhere. — Every  person  who  has  been  con- 
victed in  any  State,  government,  or  country,  of  an  offense  which,  if 
committed  within  the  Canal  Zone,  would  be  punishable  by  the  laws 
of  the  Canal  Zone  by  imprisonment  in  the  penitentiary,  is  punish- 
able for  any  subsequent  crime  committed  within  the  Canal  Zone  in 
the  manner  prescribed  in  the  two  next  preceding  sections,  and  to  the 
same  extent  as  if  the  first  conviction  had  taken  place  in  a  court  of 
the  Canal  Zone. 

74.  Punishment  for  third  conviction  of  felony;  habitual  crimi- 
nals.— Whoever  has  been  twice  convicted  of  felony,  sentenced  and 
committed  to  the  penitentiary  in  the  Canal  Zone  for  terms  of  not  less 
than  five  years  each,  shall,  upon  conviction  of  a  felony  committed  in 
the  Canal  Zone  after  the  enactment  of  this  title,  be  deemed  to  be  an 
habitual  criminal,  and  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  fifteen  years,  unless  the  person  so  convicted  shall 

645 


T.5,  §75]  THE  CRIMINAL  CODE 

show  to  the  satisfaction  of  the  court,  before  which  such  conviction 
was  had,  that  he  was  released  from  imprisonment  upon  either  of  the 
sentences  upon  the  ground  that  he  was  innocent  of  the  offense 
charged. 

75.  Permit  to  habitual  criminals  to  be  at  liberty;  issuance  and 
revocation. — Whenever  it  shall  appear  to  the  Governor  of  the 
Panama  Canal,  upon  the  recommendation  of  the  district  attorney, 
that  any  person  sentenced  to  the  penintentiary  as  an  habitual  crimi- 
nal has  reformed,  the  Governor  may  issue  to  him  a  permit  to  be  at 
liberty,  and  may  revoke  such  permit  at  any  time.  The  violation  by 
the  holder  of  a  permit,  granted  as  aforesaid,  of  any  of  the  terms 
or  conditions  of  such  permit,  or  the  violation  of  any  of  the  laws  of 
the  Canal  Zone,  shall  of  itself  make  the  permit  void. 

CROSS-REFE35ENCE 

Pardons,  paroles,  and  reprieves  in  general,  see  title  2,  section  261. 

76.  Return  of  habitual  criminal  to  penitentiary  upon  revocation 
or  voiding  of  permit. — When  any  permit  granted  under  the  pro- 
visions of  the  next  preceding  section  has  been  revoked,  or  has  become 
void  as  aforesaid,  the  Governor  shall  direct  the  arrest  of  the  holder 
of  the  permit  and  his  return  to  the  penitentiary.  The  warrant  may 
be  served  by  any  officer  authorized  to  serve  criminal  process.  The 
holder  of  the  permit,  when  returned  to  the  penitentiary  as  aforesaid, 
shall  be  detained  therein  according  to  the  teiTns  of  his  original 
sentence;  and  in  computing  the  period  of  his  confinement  the  time 
between  his  release  upon  the  permit  and  his  return  to  the  penitentiarj' 
shall  not  be  taken  to  be  any  part  of  the  term  of  sentence. 

CHAPTER  5.— CONSPIRACY 

Sec.  I   Sec. 

81.  Definition  nnd  punishment.  I   S2.   Necessity    of   overt   acl  ;    exceptions. 

Section  81.  Definition  and  punishment. — Any  two  or  more  per- 
sons who  shall  conspire — 

a.  To  commit  any  crime; 

b.  Falsely  and  maliciously  to  present  another  for  any  crime,  or  to 
procure  another  to  be  charged  or  arrested  for  any  crime; 

c.  Falsely  to  move  or  maintain  any  suit,  action,  or  proceeding; 

d.  To  cheat  and  defraud  any  person  of  any  property  by  means 
which  are  in  themselves  criminal,  or  to  obtain  money  by  false 
pretenses;  or 

e.  To  commit  any  act  injurious  to  the  public  health,  the  public 
morals,  or  for  the  perversion  or  obstruction  of  justice  or  due  adminis- 
tration of  the  laws; 

Shall  be  punishable  by  a  fine  of  not  more  than  $1,000,  or  by 
imprisonment  in  the  penitentiary  for  not  more  than  one  year,  or 
by  both. 

Cross-References 

For  provisions  penalizing  conspiracy  to  cummit  offenses  against  United  States, 
and  making  such  penalty  applicable  to  the  Canal  Zone  for  certain  purposes,  see 
U.S.  Code,  title  18,  sections  88  and  574  (appendix,  p.  905). 

Information  for  conspiracy  to  cheat  or  defraud,  see  title  6,  section  204. 

646 


THE  CRIMINAL  CODE 


[T.  5,  §  94 


82.  Necessity  of  overt  act;  exceptions. — No  agreement,  except  to 
coiiiinit  a  felony  upon  the  person  of  another  or  to  commit  arson  or 
burglary,  shall  amount  to  conspiracy  unless  some  act  beside  the 
agreement  is  done  to  effect  the  object  thereof  by  one  or  more  of  the 
parties  to  the  agreement. 

CKOSS-REa-EaiENCB 

Proof  of  overt  act,  see  title  6,  section  378. 
CHAPTER  6.— CRIMES  BY  AND  AGAINST  THE  EXECUTIVE  POWER 


Sec. 
91. 


9?.. 
94. 


95. 


96. 
97. 


Sec. 
Di).  Omission   of  pubUc  oflScer  to  perform 
duty  enjoined  by  law. 

100.  Exercising  function  of  public  office 
without  authority  or  illegally. 

101.  Willful  intrusion  into  and  exercise  of 
functions  of  public  office. 

102.  Fraudulently  presenting  bills  or 
claims  to  public  officers  for  allow- 
ance or  payment. 

103.  Refusal  to  surrender  books,  etc.,  to 
successor. 

104.  Attempting  to  deter  or  resisting  execu- 
tive  officer. 


Definitions;     "executive    office"     and 

"  executive  officer." 
Giving  or  offering  bribes  to  executive 

officers. 
Asking  or  receiving  bribes. 
Asking    or    receiving    emolument    for 

doing   official   act. 
Taking    reward     for    appointment    or 

for  permitting  exercise  of  duties  of 

office. 
Buying  appointment  to  office. 
Acting  for  Government  or  Railroad  in 

transactions     with     firm     in     which 

interested. 
98.  Failure    to    perform,    or    violation    of 

law    relating   to,    official   duties. 

Section  91.  Definitions;  "executive  office"  and  "executive  offi- 
cer."— As  used  in  this  chapter — 

a.  "  Executive  office  "  means  such  offices  as  are  occupied  and  ad- 
ministered b}^  the  Governor  of  the  Panama  Canal  and  the  heads  of 
the  various  departments  or  divisions  of  the  Panama  Canal  and  the 
Panama  Kailroad  Company; 

b.  "  Executive  officer  "  means  the  Governor  of  the  Panama  Canal 
and  the  heads  of  the  various  departments  or  divisions  of  the  Panama 
Canal  and  the  Panama  Railroad  Company.  (Feb.  21,  1933,  ch.  109, 
sec.  16a  [74a] ,  47  Stat.  861.) 

92.  Giving  or  offering  bribes  to  executive  officers. — Every  per- 
son who  gives  or  offers  any  bribe  to  any  executive  officer,  with  in- 
tent to  influence  him  in  respect  to  any  act,  decision,  vote,  opinion, 
or  other  proceeding  as  such  officer,  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  fourteen  years,  ancl  is  forever 
disqualified  from  holding  any  office  in  the  Government  of  the  Canal 
Zone. 

Ckoss-Reference 

Giving  or  offering  bribes  to  jtidicial  officers,  see  section  121  of  this  title. 

93.  Asking  or  receiving  bribes. — Every  executive  officer,  or  per- 
son selected  or  appointed  to  an  executive  office,  who  asks,  receives,  or 
agrees  to  receive,  any  bribe,  upon  any  agreement  or  understanding 
tJiat  his  vote,  opinion  or  action  upon  any  matter  then  pending  or 
v,'hich  may  be  brought  before  him  in  his  official  capacity,  shall  be 
influenced  thereby,  is  punishable  by  imprisonment  in  the  penitentiary 
for  not  more  than  fourteen  years;  and,  in  addition  thereto,  forfeits 
his  office,  and  is  forever  disqualified  from  holding  any  office  in  the 
Government  of  the  Canal  Zone. 

94.  Asking   or  receiving   emolument   for   doing   official   act. — 

Every  executive  or  ministerial  officer  who  knowingly  asks  or  receives 

647 


T.  5,  §  95]  THE  CRIMINAL  CODE 

any  emolument,  gratuity  or  reward,  or  any  promise  thereof,  except- 
ing such  as  may  be  authorized  by  law,  for  doing  any  official  act,  is 
guilty  of  a  felony.     (Feb.  21,  1933,  ch.  109,  sec.  17  [79],  47  Stat.  861.) 

Ckoss-Reifebence 
Extortion  in  general,  see  sections  G81  to  688  of  tliis  title. 

95.  Taking  reward  for  appointment  or  for  permitting  exercise 
of  duties  of  office. — Ever}-  public  officer  who,  for  any  gratuity  or 
reward,  appoints  another  person  to  a  public  office,  or  permits  another 
person  to  exercise  or  discharge  any  of  the  duties  of  his  office,  is 
guilty  of  a  felony,  and  in  addition  thereto  forfeits  his  office,  and  is 
forever  disqualified  from  holding  any  office  in  the  Government  of  the 
Canal  Zone.     (Feb.  21,  1933,  ch.  109,  sec.  18  [83],  47  Stat.  8G1.) 

96.  Buying  appointment  to  office.— Every  person  who  gives  or 
offers  any  gratuity  or  reward,  in  consideration  that  he  or  any  other 
person  be  appointed  to  any  public  office  or  be  permitted  to  exercise 
or  discharge  the  duties  thereof  is  guilty  of  a  misdemeanor. 

Every  person  shall  be  disqualified  from  holding  any  office  of  profit 
who  has  been  convicted  of  giving  or  offering  a  bribe  to  procure  his 
selection  or  appointment. 

Ceoss-Reifeiibn  ce 

Payment  by  court  stenographer  or  reporter  of  fees  for  apix)intment  or  reten- 
tion, see  section  125  of  tliis  title. 

97.  Acting  for  Government  or  Railroad  in  transactions  with 
firm  in  which  interested. — ^No  officer  or  agent  of  any  corporation, 
joint-stock  company  or  association,  and  no  member  or  agent  of  any 
firm,  or  person  directly  or  indirectly  interested  in  the  pecuniary 
profits  or  contracts  of  such  corporation,  joint -stock  company,  asso- 
ciation, or  firm  shall  be  employed  or  shall  act  as  an  officer  or  agent 
of  the  United  States,  the  Panama  Canal,  or  the  Panama  Railroad 
Company,  for  the  transaction  of  business  with  such  corporation,  joint- 
stock  company,  association,  or  firm.  Any  person  who  shall  violate 
the  provisions  of  this  section  shall  be  fined  not  more  than  $2,000,  and 
imprisoned  in  the  penitentiary  for  not  more  than  two  years.  (Feb. 
21,  1933,  ch.  109,  sec.  17a  [80],  47  Stat.  861.) 

98.  Failure  to  perform,  or  violation  of  lav/  relating  to,  official 

duties. — Every  person  holding  a  public  office,  who  willfully  refuses 
or  neglects  to  perform  the  duties  thereof  or  who  violates  any  provision 
of  law  relating  to  his  duties  or  the  duties  of  his  office,  for  which 
some  other  punishment  is  not  prescribed,  is  punishable  by  a  fine 
of  not  more  than  $5,000,  or  by  imprisonment  in  jail  for  not  more 
than  one  year,  or  by  both. 

99.  Omission  of  public  officer  to  perform  duty  enjoined  by 
law. — Every  willful  omission  to  perform  any  duty  enjoined  by  law 
upon  any  public  officer  or  person  holding  any  public  trust  or  em- 
ployment, where  no  special  provision  shall  have  been  made  for  the 
punishment  of  such  delinquency,  is  punishable  as  a  misdemeanor. 

100.  Exercising  function  of  public  office  without  authority  or 
illegally. — Any  person  who  exercises  any  function  of  a  public  office 

648 


THE  CRIMINAL  CODE  [T.  5.  §  111 

without  authority  or  without  complying  with  the  requirements  of 
law  is  punishable  by  imprisonment  in  jail  for  not  less  than  thirty 
days. 

101.  Willful  intrusion  into  and  exercise  of  functions  of  public 
office. — Every  j^erson  who  willfully  and  knowingly  intrudes  himself 
into  any  public  office  to  which  he  has  not  been  selected  or  appointed, 
and  every  person  who,  having  been  an  executive  officer,  willfully 
exercises  any  of  the  functions  of  his  office  after  his  term  has  expired 
and  a  successor  has  Ix^en  selected  or  appointed  and  has  qualified,  is 
guilty  of  a  misdemeanor. 

102.  Fraudulently  presenting  bills  or  claims  to  public  officers 
for  allowance  or  payment. — Every  person  who,  with  intent  to 
defraud,  presents  for  allow^ance  or  for  payment  to  any  disbursing 
officer,  or  other  officer,  or  to  any  person  or  officer  authorized  to  al- 
low or  pay  the  same  if  genuine,  any  false  or  fraudulent  claim,  bill, 
account,  voucher,  or  writing,  is  guilty  of  a  felony. 

103.  Refusal  to  surrender  books,  etc.,  to  successor. — Every 
officer  whose  office  is  abolished  by  law,  or  who,  after  the  expiration 
of  the  time  for  which  he  may  be  appointed  or  selected,  or  aft«r  he 
has  resigned  or  been  legally  removed  from  office,  willfully  and  un- 
lawfully withholds  or  detains  from  his  successor  or  other  person 
entitled  thereto  the  records,  papers,  documents  or  other  writing 
appertaining  or  belonging  to  his  office,  or  mutilates,  destroys  or  takes 
away  the  same,  is  punishable  by  imprisonment  in  the  penitentiary 
for  not  more  than  ten  years. 

104.  Attempting  to  deter  or  resisting  executive  officer. — Every 
person  who  attempts,  by  means  of  any  threat  or  violence,  to  deter  or 
prevent  an  executive  officer  from  performing  any  duty  imposed  upon 
such  officer  by  law,  or  who  knowingly  resists  by  the  use  of  force  or 
violence  such  officer,  in  the  performance  of  his  duty,  is  punishable 
by  a  fine  of  not  more  than  $5,000,  and  imprisonment  in  the  peniten- 
tiary for  not  more  than  five  years. 

CbOS  S-ReFEREN  CB 

Resisting  oflBcer  acting  in  relation  to  public  justice,  see  section  ITS  of  this 
title. 

CHAPTER  7.— CRIMES  AGAINST  THE  POSTAL  SERVICE 

Section  111.  Extension  to  Canal  Zone  of  laws  of  United  States 
defining  postal  crimes. — The  postal  laws  and  regulations  of  the 
United  States,  not  locally  inapplicable,  which  define  crimes  against 
the  Postal  Service,  and  prescribe  punishments  therefor,  are  extended 
to  the  Canal  Zone  and  shall  be  enforceable  in  the  courts  of  the  Canal 
Zone  in  the  manner  and  form  prescribed  for  other  criminal  actions 
by  the  Canal  Zone  laws.  (Feb.  21,  1933,  ch.  109,  sec.  13  [43a],  47 
Stat.  860.) 

CROSS-REaFEEENCE 

For  the  laws  of  the  United  States  defining  postal  crimes,  see  U.S.  Code,  title 
18,  sections  301  et  seq.  (appendix,  p.  912). 

93083—34 — —42  649 


T.  5,  §  121] 


THE  CRIMINAL  CODE 


CHAPTER  8.— CRIMES  AGAINST  PUBLIC  JUSTICE 


Art. 

1.  Bribery  and  corruption 

2.  Forging,    stualing,    mutilating    or 

falsifying    judicial    and    public 
records   and    documents 

3.  Perjury    and    subornation   of   per- 

jury  


Sec. 
121 


131 
141 


Art. 

4.  Falsifying  evidence- 


Other      offenses 
ju.stice- 


against      public 


Sec. 
161 

171 


Cros  s-Referencb 

Conspiracy  to  commit  act  for  perversion  or  obstruction  of  justice,  see  section 
81  of  this  title. 

ARTICLE   1.— BRIBERY  AND   CORRUPTION 


Sec. 

121.  Giving    or    offering    bribe    to    judicial 

officer   or  juror. 

122.  Asking  or  receiving  of  bribe  by  judicial 

officer   or  juror. 

123.  Judicial    officer    asking    or    receiving 

reward  for  official  act. 

124.  Judicial  officer  asking  or  receiving  fees 

of  stenographer  or  reporter. 

125.  Stenographer    or    reporter    offering    or 

paying*  fees  for  appointment. 


Sec. 

12G.   Corrupt    attempt    to    influence    juror, 
arbitrator  or  referee. 

127.  Improper   agreement  or  receipt  of   in- 

formation   by    juror,    arbitrator,    or 
referee. 

128.  Magistrate,    constable,    or    policeman 

purchasing  judgment. 


Section  121.  Giving-  or  offering  bribe  to  judicial  officer  or 
juror. — Every  person  who  gives  or  offers  to  give  a  bribe  to  any  judi- 
cial officer,  juror,  referee,  arbitrator,  or  umpire,  or  to  any  person 
who  may  be  authorized  by  law  to  hear  or  determine  any  question 
or  controversy,  with  intent  to  influence  his  vote,  opinion,  or  decision 
upon  any  matter  or  question  wliich  is  brouglit  before  him  for  a 
decision,  is  punisliable  by  imprisonment  in  the  penitentiary  for  not 
more  than  ten  years.     (Feb.  21,  1933,  ch.  109,  sec.  20  [94],  47  Stat. 

861.) 

Ceoss-Referencic 

Giving  or  offering  bribes,  to  executive  officers,  see  section  92  of  this  title ; 
to  witnesses,  see  section  1C6  of  tliis  title. 

122.  Asking  or  receiving  of  bribe  by  judicial  officer  or  juror. — 

Every  judicial  officer,  juror,  referee,  aildtrator  or  umpire,  and  every 
person  authorized  by  law  to  hear  or  determine  aii}^  question  or  con- 
troversy, who  asks,  receives  or  agrees  to  receive,  any  bribe  upon  any 
agreement  or  understanding  that  his  vote,  opinion  or  decision  upon 
any  matter  or  question  which  is  or  may  be  brought  before  him  for 
decision  shall  be  influenced  thereby,  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  ten  years.  (Feb.  21,  1933, 
ch.  109,  sec.  21  [95],  47  Stat.  861.) 

Cross-Refebbnoes 

Executive  officer  asking  or  Veceivlng  bribe,  see  section  03  of  this  title. 
Witness  taking  (ir  offering  to  take  bribe,  .see  section  167  of  this  title. 

123.  Judicial  officer  asking  or  receiving  rev/ard  for  official  act.— 

Every  judicial  officer  who  asks  or  receives  any  emolument,  gratuity 
or  reward,  or  any  promise  thereof,  except  such  as  may  be  authorized 
by  law,  for  doing  an  official  act,  is  guilty  of  a  felony.  (Feb.  21, 
1933,  ch.  109,  sec.  22  [96],  47  Stat.  862.) 


650 


THE  CRIMINAL  CODE  [T.  5,  §  12S 

124.  Judicial  officer  asking  or  receiving  fees  of  stenographer  or 
reporter. — Every  judicial  officer  who  shall  ask  or  receive  the  whole 
or  any  part  of  the  fees  allowed  by  law  to  any  stenographer  or 
reporter  appointed  by  him  or  any  other  person  to  record  the  proceed- 
ings of  any  court  or  investigation  held  by  him,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  forfeit  his  office. 

125.  Stenographer  or  reporter  offering  or  paying  fees  for 
appointment. — Any  stenographer  or  reporter,  appointed  by  any 
judicial  officer,  who  shall  pay  or  offer  to  pay  the  whole  or  any  part 
of  the  fees  allowed  him  by  law,  for  his  appointment  or  retention  in 
office,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  forever  disqualified  from  holding  any  similar  office  in  the 
courts  of  the  Government  of  the  Canal  Zone. 

Cross-Refekence 
Buying  appointment  to  office,  in  general,  see  section  96  of  this  title. 

126.  Corrupt  attempt  to  influence  juror,  arbitrator,  or  referee. — 

Every  person  who  corruptly  attempts  to  influence  a  juror,  or  any 
person  summoned  or  drawn  as  a  juror  or  chosen  as  an  arbitrator  or 
umpire  or  appointed  a  referee,  in  respect  to  his  verdict  in  or  decision 
of  any  cause  or  proceeding  pending  or  about  to  be  brought  before 
him,  either: 

a.  By  means  of  any  communication,  oral  or  written,  had  with 
him  except  in  the  regular  course  of  proceedings ; 

b.  By  means  of  any  book,  paper  or  instrument  exhibited  other- 
wise than  in  the  regular  course  of  proceedings ; 

c.  By  means  of  any  threat,  intimidation,  persuasion  or  entreaty;  or 

d.  By  means  of  any  promise  or  assurance  of  any  pecuniary  or 
other  advantage; 

Is  punishable  by  a  fine  of  not  more  than  $5,000,  or  by  imprison- 
ment in  the  penitentiary  for  not  more  than  five  years.  (Feb.  21, 
1933,  ch.  109,  sec.  23  [98],  47  Stat.  862.) 

127.  Improper  agreement  or  receipt  of  information  by  juror, 
arbitrator,  or  referee. — Every  juror,  or  person  drawn  or  summoned 
as  a  juror,  or  chosen  arbitrator  or  umpire,  or  appointed  referee, 
who  either : 

a.  Makes  any  promise  or  agreement  to  give  a  verdict  or  decision 
for  or  against  any  party;  or 

b.  Willfully  and  corruptly  permits  any  communication  to  be 
made  to  him,  or  receives  any  book,  paper,  instrument  or  information 
relating  to  any  cause  or  matter  pending  before  him,  except  according 
to  the  regular  course  of  proceedings,  is  punishable  by  a  fine  of  not 
more  than  $5,000,  or  by  imprisonment  in  the  penitentiary  for  not 
more  than  five  years.  (Feb.  21,  1933,  ch.  109,  sec  24  [99],  47  Stat. 
862.) 

128.  Magistrate,  constable  or  policeman  purchasing  judgment. — 

Every  magistrate,  constable  or  employee  of  the  magistrate's  court, 
or  any  policeman  within  the  jurisdiction  in  which  the  magistrate  acts, 
who  purchases  or  is  interested  in  the  purchase  of  any  judgment  or 

651 


T.  5,  §  131] 


THE  CRIMINAL  CODE 


part  thereof  on  the  docket  of,  or  on  the  docket  in  possession  of,  the 
magistrate,  is  guilty  of  a  misdemeanor. 

ARTICLE    2.— FORGING,    STEALING,    MUTILATING    OR    FALSIFYING 
JUDICIAL  AND  PUBLIC  RECORDS  AND  DOCUMENTS 


Sec. 

131.  Larceny,  destruction  or  mutilation  of 

record  by  officer  having  custody. 

132.  Larceny,  destruction  or  mutilation  of 

record  by   otlier  person. 

133.  Procuring  or  offering  false  instrument 

to  be  filed  or  recorded. 


Sec. 

134.  Adding  or  altering  names  on  Jury  list 

or  destroying  jury  box. 

135.  Falsifying   jury   lists. 


131.  Larceny,  destruction  or  mutilation  of  record  by  officer 
having"  custody. — Every  officer  having  the  custody  of  any  record, 
map,  or  book,  or  of  any  paper  or  j^roceeding  of  any  court  filed  or 
deposited  in  any  public  office  or  placed  in  his  hands  for  any  purpose, 
who  is  guilty  of  stealing,  willfully  destroying,  mutilating,  defacing, 
altering,  falsifying,  removing,  or  secreting,  the  whole  or  any  part 
of  the  record,  map,  book,  paper,  or  proceeding,  or  who  permits  any 
other  person  so  to  do,  is  punishable  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  ten  years  and  by  a  fine  of  not  more  than 
$5,000. 

132.  Larceny,  destruction  or  mutilation  of  record  by  other  per- 
son,— Every  person  not  an  officer  referred  to  in  the  next  preceding 
section  who  is  guilty  of  any  of  the  acts  specified  in  that  section,  is 
punishable  by  imprisonment  either  in  the  penitentiary  for  not  more 
than  five  years,  or  in  jail  for  not  more  than  one  year,  or  by  a  fine 
of  not  more  than  $1,000,  or  by  both  such  fine  and  imprisonment. 
(Feb.  21,  1933,  ch.  109,  sec.  25  [102],  47  Stat.  862.) 

133.  Procuring  or  offering  false  instrument  to  be  filed  or 
recorded. — Every  person  who  knoAvingly  procures  or  offers  any  false 
or  forged  instrument  to  be  filed,  registered  or  recorded  in  any  public 
office  within  the  Canal  Zone,  which  instrument  if  genuine  might  be 
filed,  registered  or  recorded  under  the  laws  of  the  Canal  Zone  or 
the  laws  of  the  United  States  applicable  to  the  Canal  Zone,  is  guilty 
of  a  felony. 

134.  Adding  or  altering  names  on  jury  list  or  destroying  jury 
box. — Every  person  who,  except  in  cases  allowed  by  law — 

a.  Adds  any  names  to  the  list  of  persons  selected  to  serve  as  jurors, 
either  by  placing  the  names  in  the  jury  box  or  otherwise; 

b.  Extracts  any  name  therefrom ; 

c.  Destroys  the  jury  box  or  any  of  the  pieces  of  paper  containing 
the  names  of  jurors ; 

d.  Mutilates  or  defaces  the  names  so  that  they  cannot  be  read ;  or 

e.  Changes  the  names  on  the  pieces  of  paper; 

Is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  26  [103a],  47 
Stat.  862.) 

135.  Falsifying  jury  lists. — Every  officer  or  person  required  by 
law  to  certify  to  the  list  of  persons  selected  as  jurors  who  maliciously, 
corruptly  or  willfully  certifies  to  a  false  or  incorrect  list,  or  a  list 
containing  other  names  than  those  selected,  or  who,  being  required  by 
law  to  write  down  the  names  placed  on  the  certified  lists  on  separate 
pieces  of  paper,  does  not  write  down  and  place  in  the  jury  box  the 


652 


THE  CRIMINAL  CODE 


[T.  5,  §  145 


same  names  that  are  on  the  certified  list  and  no  more  and  no  less  than 
are  on  that  list,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec. 
27  [103b],  47  Stat.  862.) 


ARTICLE  3.— PER.TURY  AND  SUBORNATION  OF  PERJURY 


Sec. 
141. 


Definition  of  crime  of  perjury  in  gen- 
eral;   oath   (leflm  d. 

142.  Falsification  of  affidavit  as  to  affiant's 

testimony,   as   perjury. 

143.  Statement  of  that  which  one  does  not 

know  to  be  true. 

144.  Irregularity  of  oath  as  defense. 


Sec. 

145.  Ignorance  of  materiality  of  false  state- 

ment  as  defense. 

146.  Incompetency  of  witness  as  defense. 

147.  Deposition,   when   deemed   to  be   com- 

plete. 

148.  Punishment   of  perjury. 

149.  Subornation  of  perjury. 


141.  Definition  of  crime  of  perjury  in  general;  oath  defined.— 

Every  person  who,  having  taken  an  oath  that  he  will  testify,  declare, 
depose  or  certify  truly  before  any  competent  tribunal,  oificer  or 
person  in  any  of  the  cases  in  which  such  an  oath  may  by  law  be  ad- 
ministered, Avillfuliy  and  contrary  to  that  oath,  states  as  true  any 
material  matter  which  he  knows  to  be  false,  is  guilty  of  perjury. 

As  used  in  this  section  the  term  "  oath  "  includes  an  affirmation 
and  every  other  mode  authorized  by  law  of  attesting  the  truth  of 
that  which  is  stated. 

Cboss-Rkfeeences 

Evidence  in  perjury  prosecutions,  see  title  6,  sections  3S5  and  386. 

Perjury  in  affidavit  required  in  claim  for  employees'  compensation  for  in- 
juries, see  U.S.  Code,  title  5,  section  789  (appendix  p.  885). 

Sufficiency  of  information  for  perjury  or  subornation  of  perjury,  see  title  6, 
section  203. 

142.  Falsification  of  affidavit  as  to  affiant's  testimony,  as  per- 
jury.— Any  person  who,  in  any  affidavit  taken  before  any  person 
authorized  to  administer  oaths,  swears,  affirms,  declares,  deposes  or 
certifies  that  he  will  testify,  declare,  depose  or  certify  before  any 
competent  tribunal,  officer  or  person,  in  any  case  then  pending  or 
thereafter  to  be  instituted,  in  any  particular  manner  or  to  any  par- 
ticular fact,  and  in  such  affidavit  willfully  and  contrary  to  that  oath 
states  as  true  any  material  matter  which  he  knows  to  be  false,  is 
guilty  of  perjury.  In  any  prosecution  under  this  section,  the  subse- 
quent testimony  of  the  person,  in  any  action  involving  the  matters 
contained  in  the  affidavit,  which  is  contrary  to  any  of  the  matters 
contained  in  the  affidavit,  shall  be  prima  facie  evidence  that  the  mat- 
ters in  the  affidavit  were  false.  (Feb.  21, 1933,  ch.  109,  sec.  28  [104a], 
47  Stat.  863.) 

143.  Statement  of  that  which  one  does  not  know  to  be  true. — 

x\n  unqualified  statement  of  that  which  one  does  not  know  to  be  true 
is  equivalent  to  a  statement  of  that  which  one  knows  to  be  false. 

144.  Irregularity  of  oath  as  defense. — It  is  no  defense  to  a  prose- 
cution for  perjury  that  the  oath  was  administered  or  taken  in  an 
irregular  manner. 

145.  Ignorance  of  materiality  of  false  statement  as  defense. — 

It  is  no  defense  to  a  prosecution  for  perjury  that  the  accused  did 
not  know  the  materiality  of  the  false  statement  made  by  him ;  or  that 
it  did  not,  in  fact,  affect  the  proceeding  in  or  for  which  it  was  made. 


653 


T.  5,  §  146]  THE  CRIMINAL  CODE 

It  is  sufficient  that  it  ayrs  material  and  might  have  been  used  to  affect 
the  proceeding. 

146.  Incompetency  of  witness  as  defense. — It  is  no  defense  to  a 
prosecution  for  perjury  that  the  accused  was  not  competent  to  give 
the  testimony,  deposition  or  certificate  of  which  falsehood  is  alleged. 
It  is  sufficient  that  he  did  give  such  testimony  or  make  the  deposition 
or  certificate. 

147.  Deposition,  when  deemed  to  be  complete. — The  making  of  a 
deposition  or  certificate  is  deemed  to  be  complete  within  the  provi- 
sions of  this  article,  from  the  time  it  is  delivered  by  the  accused 
to  any  other  person  with  the  intent  that  it  be  used,  uttered  or  pub- 
lished as  true, 

148.  Punishment  of  perjury. — Perjury  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  ten  years.  (Feb.  21,  1933, 
ch.  109,  sec.  29  [110],  47  Stat.  863.) 

Ceoss-Refekence 
Perjury  in  affidavit  of  claim  for  employees'  compensation  for  injuries,  see 
U.S.  Code,  title  5,  section  789  (appendix,  p.  8S5). 

149.  Subornation  of  perjury. — Every  person  who  willfully  pro- 
cures another  person  to  commit  perjury  is  guilty  of  subornation  of 
perjury  and  is  punishable  in  the  same  manner  as  he  would  be  if 
personally  guilty  of  the  perjury  so  procured. 

ARTICLE  4.— FALSIFYING  EVIDENCE 

Sec. 

161.  Offering  in  evidence  forged  or  altered 

document  or  Instrument. 

162.  Deceiving  a  witness. 

163.  Preparing  false  evidence. 

164.  Destruction    or    concealment    of    evi- 

dence. 

161.  Offering  in  evidence  forged  or  altered  document  or  instru- 
ment.— Every  person  who  upon  any  trial,  proceeding,  inquiry  or 
investigation  whatever,  authorized  or  permitted  by  law,  otfers  in 
evidence  as  genuine  or  true,  anj^  book,  paper,  document,  record  or 
other  instrument  in  writing,  laiowing  the  same  to  have  been  forged 
or  fraudulently  altered  or  antedated,  is  guilty  of  a  felony.  • 

162.  Deceiving  a  witness. — Every  person  who  practices  any  fraud 
or  deceit,  or  knowingly  makes  or  exhibits  any  false  statement,  repre- 
sentation, token  or  writing,  to  any  witness  or  person  about  to  be 
called  as  a  witness  upon  any  trial,  proceeding,  inquiry  or  investi- 
gation whatever,  authorized  by  laAV,  with  intent  to  affect  the  testi- 
monv  of  the  witness,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109, 
sec.  30  [113],  47  Stat.  863.) 

163.  Preparing  false  evidence. — Every  person  who  shall  prepare 
any  false  or  antedated  book,  paper,  record,  instrument  in  writing, 
or  other  matter  or  thing,  with  intent  to  produce  it,  or  allow  it  to  be 
produced  for  any  fraudulent  or  deceitful  jjurpose,  as  genuine  or 
true,  upon  any  trial,  proceeding  or  inquiry  whatever  authorized  by 
law,  is  guilty  of  a  felony. 

164.  Destruction  or  concealment  of  evidence. — Every  person 
who.  knowing  that  any  book,  paper,  record,  instrument  in  writing 

664 


Spc. 

165.  Preventing  or  dissuading  witness  from 

attending. 

166.  Bribing  witness. 

167.  Witness    talcing    or    offering    to    take 

bribe. 


THE  CRIMINAL  CODE 


[T.  5,  §  171 


or  other  matter  or  thing,  is  about  to  be  produced  in  evidence  upon 
any  trial,  inquiry  or  investigation  whatever  authorized  by  law,  will- 
fully destroys  or  conceals  the  same,  with  intent  thereby  to  PJ-event 
it  from  being  produced,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  lOJ, 
sec.  31  [115],  47  Stat.  8G3.) 

165.  Preventing  or  dissuading  witness  from  attending.— Every 
person  who  willfully  prevents  or  dissuades  any  person  who  is  or  may 
become  a  witness  from  attending  upon  any  trial,  proceeding  or  in- 
quiry, authorized  by  law,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch. 
109,  sec.  32  [IIG],  47  Stat.  863.) 

166.  Bribing  witness.— Every  person  who  gives,  offers  or  prom- 
ises to  give  to  any  witness  or  person  about  to  be  called  as  a  witness, 
any  bribe,  upon  any  understanding  or  agreement  that  the  testimony 
of  the  witness  shall  be  thereby  influenced,  or  who  attempts  by  any 
other  means  fraudulently  to  induce  any  person  to  give  false  or  with- 
hold true  testimony,  is  guilty  of  a  felony. 

Cross-Iveferexce 
Bribery  and  corruption,  see  sections  121  to  128  of  this  title. 

167.  Witness  taking  or  offering  to  take  bribe.— Every  person 
who  is  a  witness,  or  is  about  to  be  called  as  such,  who  receives  or 
offers  to  receive  any  bribe,  upon  any  understanding  that  his  testimony 
shall  be  influenced  therebv,  or  that  he  will  absent  himself  from  the 
trial  or  proceeding  upon" which  his  testimony  is  required,  is  guilty 
of  a  felony. 

ARTICLE  5.— OTHER  OFFENSES  AGAINST  PUBLIC  JUSTICE 


Sec. 
171. 

172. 
173. 

174. 

175. 

176. 

177. 
178. 

179. 

180. 

181. 

182. 

183. 
184. 


A.  In  General 

Maliciously  procuring  search  war- 
rant or  warrant  of  arrest. 

Refusal  by  officer  to  make  arrest. 

Arrests,  detentions,  seizures  or  levies 
without   authority  of  law. 

Delay  by  officer  in  taking  arrested 
person  before  magistrate. 

Refusal  by  persons  to  aid  in  arrests 
or  in  prevention  of  offenses. 

Assaults,  wrongs  or  oppression  by  offi- 
cer. 

Willful  inhumanity  to  prisoner. 

Resisting  public  officer  in  discharge 
of  his  duty. 

Retaking  goods  from  custody  of  offi- 
cer. ,  , 

Retaking  lands  after  lawful  removal 
therefrom. 

Compounding  crimes. 

Disclosure  of  making  of  information 
for  felony. 

False  certificates  by  officers. 

Importation  of  foreign   convicts. 


B.  Offenses  In  Relation  To  Habeas 
Corpus 

191.  Failure    by    officer    to    obey    writ    of 

habeas  corpus. 

192.  Imprisonment     of     person     discharged 

upon  writ. 

193.  Eluding    service    of    writ    of    habeas 

corpus. 


C.  Escapes  and  Rescues 
Sec. 

201.  Escapes  from  prison. 

202.  Officers  permitting'  prisoners  to  escape. 

203.  Assisting  prisoner.?  to  escape. 

204.  Carrying     into     jail     or     penitentiary 

things  useful  in  escape. 
203.  Assisting  in  escape  of  person  confined 

in  Canal  Zone  hospital. 
20G.  Rescuing    prisoners. 

D.  Contempt  Of  Court 

211.  Contempt  in  presence  of  court,  judge 

or     magistrate ;     summary     punish- 
ment. 

212.  Contempt   by   disobedience    to    process 

or  command  of  court. 

E.  Misconduct  in  Practice  of  Law 

221.  Misconduct  by  attorneys ;  in  general. 
i.'22.  Buying   by    attorneys   of   demands   or 

suits.  ,    _^   , 

223.  Practice  of  law  by  one  not  admitted 

to  bar. 

F.  Feauds  by  Debtors  and  Others 

231.  Fraudulent  concealment  of  property  by 

defendant. 

232.  Fraudulent  removal  of  property  from 

jurisdiction  by  debtor. 

233.  Fraudulent  production  of  infant  with 

intent  to  intercept  inheritance. 

234.  Substitution  of  one  child  for  another. 


A.   IN   GENERAL 

171.  Maliciously    procuring    search    warrant    or    warrant    of 

arrest.— Every  person  who  maliciously  and  without  probable  cause 

655 


T.  5,  §  172]  THE  CRIMINAL  CODE 

procures  a  search  warrant  or  warrant  of  arrest  to  be  issued  and  exe- 
cuted, is  guilty  of  a  misdemeanor. 

Cross-Refeeence 

See  also  U.S.  Code,  title  18,  sections  620  and  630  (appendix  p.  950). 

172.  Refusal  by  officer  to  make  arrest. — Every  marshal,  deputy 
marshal,  constable,  policeman  or  other  peace  officer  who  willfully 
refuses  to  execute  a  duly  issued  warrant  for  the  arrest  of  any  person 
charged  with  a  criminal  offense,  is  punishable  by  a  fine  of  not  more 
than  $5,000,  and  imprisonment  in  the  penitentiary  for  not  more 
than  three  years. 

173.  Arrests,  detentions,  seizures  or  levies  without  authority 
of  law. — Every  public  officer,  or  person  pretending  to  be  a  public 
officer,  who,  under  the  pretense  or  color  of  any  process  or  other  legal 
authority,  arrests  any  person  or  detains  him  against  his  will,  or  seizes 
or  levies  upon  any  property,  or  dispossesses  any  one  of  any  lands  or 
property  without  a  regular  process  or  other  lawful  authority  there- 
for, is  guilty  of  a  misdemeanor. 

Cross-Reeeuences 

False  imprisonment,  see  sections  331  and  332  of  this  title. 
Refusal  of  officer  to  obey  writ  of  habeas  corpus,  see  sections  191  and  192 
of  this  title. 

174.  Delay  by  officer  in  taking  arrested  person  before  magis- 
trate.— Every  i)ublic  officer  or  other  person,  who,  having  arrested 
any  person  upon  a  criminal  charge,  willfully  delays  to  take  the 
person  before  a  magistrate  or  other  officer  having  jurisdiction  to 
take  his  examination,  is  guilty  of  a  misdemeanor. 

175.  Refusal  by  persons  to  aid  in  arrests  or  in  prevention  of 
offenses. — Every  male  person  above  eighteen  years  of  age,  who,  being 
thereto  lawfully  required  by  any  marshal,  policeman  or  other  officer 
concerned  in  the  administration  of  justice : 

a.  Neglects  or  refuses  to  aid  and  assist  in  taking  or  arresting  any 
person  against  whom  any  process  is  issued ; 

b.  Neglects  to  aid  and  assist  in  retaking  any  person  who  after 
being  arrested  or  confined  may  have  escaped  from  the  arrest  or  im- 
prisonment; or 

c.  Neglects  or  refuses  to  aid  and  assist  in  preventing  any  breach  of 
the  peace  or  the  commission  of  any  criminal  offense; 

Is  punishable  by  a  fine  or  not  more  than  $1,000. 

Cross-Rbfeuence 
Authority  of  peace  officer  to  summon  assistance,  see  title  6,  section  S7. 

176.  Assaults,  wrongs  or  oppression  by  officer. — Every  public 
officer  who,  under  color  of  authority  and  without  lawful  necessity, 
assaults,  wrongs,  oppresses  or  beats  any  person,  is  guilty  of  a  felonV. 
(Feb.  21,  1933,  ch.  109,  sec.  35  [124],  47  Stat.  864.) 

177.  Willful  inhumanity  to  prisoner. — Every  officer,  warden, 
jailer  or  guard  who  is  guilty  of  willful  inhumanity  toward  any  pris- 

650 


THE  CRIMINAL  CODE  IT.  5,  §  181 

oner  under  his  care  or  in  his  custody,  is  punishable  by  imprisonment 
in  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more  than 
^2,000,  or  by  both,  and  by  removal  from  office.  (Feb.  21,  1933,  ch. 
109,  sec.  33  [122],  47  Stat.  863.) 

CBOSS-KEFEKEN  CEl 

Injury  to  person  of  convict,  see  title  G,  section  903. 

178.  Resisting  public  officer  in  discharge  of  his  duty. — Every 
person  who  willfully  resists,  delays  or  obstructs  any  public  officer 
in  the  discharge,  or  attempted  discharge  of  any  duty  of  his  office, 
when  no  other  punishment  is  prescribed,  is  punishable  by  a  fine  of 
not  more  than  $5,000,  or  by  imprisonment  in  jail  for  not  more  than 
one  year,  or  by  both.  (Feb.  21,  1933,  ch.  109,  sec.  34  [123],  47  Stat. 
863.) 

Ckoss-Refkrence 

Obstructing  service  or  execution  of  search  vparrant,  see,  also,  U.S.  Code,  title 
18,  section  628  (appendix,  p.  950). 

179.  Retaking  goods  from  custody  of  officer. — Every  person  who 
willfully  injures  or  destroys,  or  takes  or  attempts  to  take,  or  assists 
any  person  in  taking  or  attempting  to  take,  from  the  custody  of  any 
officer  or  person,  any  personal  property  which  the  officer  or  person 
has  in  charge  under  any  process  of  law,  is  guilty  of  a  felony.  (Feb. 
21, 1933,  ch.  109,  sec.  44  [137],  47  Stat.  865.) 

Ckoss-Reference 
Rendering  assistance  in  escapes,  see  section  203  of  this  title. 

180.  Retaking  lands  after  lawful  removal  therefrom. — Every 
person  who  has  been  removed  from  any  lands  by  process  of  law,  or 
who  has  removed  from  any  lands  pursuant  to  the  lawful  adjudica- 
tion or  direction  of  any  court,  tribunal  or  officer,  and  who  afterwards 
unlawfully  returns  to  settle,  reside  upon  or  take  possession  of  such 
lands,  is  guilty  of  a  misdemeanor. 

181.  Compounding  crimes. — Every  person  who,  having  knowledge 
of  the  actual  commission  of  a  crime,  takes  money  or  property  of 
another,  or  any  gratuity  or  reward,  or  any  engagement  or  promise 
thereof,  upon  any  agreement  or  understanding  to  compound  or  con- 
ceal the  crime  or  to  abstain  from  any  prosecution  thereof,  or  to  with- 
hold any  evidence  thereof,  except  in  the  cases  provided  for  by  law 
in  which  crimes  may  be  compromised  by  leave  of  court,  is  punishable 
as  follows : 

a.  By  imprisonment  in  the  penitentiary  for  not  more  than  five 
years,  where  the  crime  was  punishable  by  death; 

b.  By  imprisonment  in  the  penitentiary  for  not  more  than  three 
years,  where  the  crime  was  a  felony,  punishable  by  imprisonment 
in  the  penitentiary;  or 

c.  By  imprisonment  in  jail  for  not  more  than  thirty  days,  or  by 
a  fine  of  not  more  than  $25,  or  both,  where  the  crime  was  a  mis- 
demeanor. 

657 


T.  5,  §  182]  THE  CRIMINAL  CODE 

182.  Disclosure  of  making  of  information  for  felony. — Every 

district  attorney,  clerk,  judo;e  or  otlier  officer,  who,  except  by  issuing 
or  in  executing  a  warrant  of  arrest,  willfully  discloses  the  fact  of  an 
information  having  been  made  for  a  felon}?-,  before  the  defendant  has 
been  arrested,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  41 
[133],  47  Stat.  864.) 

183.  False  certificates  by  officers. — Every  public  officer  authorized 
by  law  to  make  or  give  any  certificate  or  other  writing,  who  makes 
and  delivers  as  true  any  such  certificate  or  writing  containing  state- 
ments which  he  knows  to  be  false,  is  guilty  of  a  felony.  (Feb.  21, 
1933,  ch.  109,  sec.  40  [132],  47  Stat.  864.) 

184.  Importation  of  foreign  convicts. — Every  captain,  master  of 
a  vessel  or  other  person,  v\dio  willfully  imports,  brings  or  sends, 
or  causes  or  procures  to  be  brought  or  sent  into  the  Canal  Zone,  any 
person  who  is  a  foreign  convict  of  any  crime  Avhich,  if  committed 
within  the  Canal  Zone,  would  be  punishable  as  a  felony,  or  who  is 
delivered  or  sent  to  him  from  any  prison  or  place  of  confinement 
in  any  place  out  of  the  Canal  Zone,  is  guilty  of  a  felony,  and  every 
person  so  landing  shall  also  be  guilty  of  a  felony.  (Feb.  21,  1933, 
ch.  109,  sec.  42  [135],  47  Stat.  865.) 

CRO'SS-ReIFEKENCB 

Exclusion  of  undesirables,  see  title  2,  section  141. 

B.    OFFENSES  IN  RELATION  TO   HABEAS   CORPUS 

191.  Failure  by  officer  to  obey  writ  of  habeas  corpus. — Every 
officer  or  person  to  whom  a  writ  of  habeas  corpus  is  directed  who, 
after  service  thereof,  neglects  or  refuses  to  obey  the  command 
thereof,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  46  [142], 
47  Stat.  865.) 

Cross-Reifeirbncb 
Habeas  corpus  provisions  generally,  see  title  6,  sections  721  to  735. 

192.  Imprisonment  of  person  discharged  upon  writ. — Every  per- 
son who,  either  solely  or  as  a  member  of  a  court,  knowingly  and 
unlawfully  recommits,  imprisons  or  restrains  of  his  liberty,  for  the 
same  cause,  any  person  who  has  been  discharged  upon  a  writ  of 
habeas  corpus,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  47 
[143],  47  Stat.  805.) 

193.  Eluding  service  of  writ  of  habeas  corpus. — Every  person 
having  in  his  custody,  or  under  his  restraint  or  power,  any  person 
for  whose  relief  a  writ  of  habeas  corpus  has  been  issued,  who,  with 
intent  to  elude  the  service  of  the  writ,  or  to  avoid  the  effect  thereof, 
transfers  the  person  to  the  custody  of  another,  or  places  him  under 
the  power  or  control  of  another,  or  conceals  or  changes  the  place 
of  confinement  or  restraint,  or  removes  him  without  the  jurisdiction 
of  the  court  or  judge  issuing  the  writ,  is  guilty  of  a  felony.  (Feb. 
21, 1933,  ch.  109,  sec.  48  [144],  47  Stat.  865.) 

C.    ESCAPES  AND  RESCUES 

201.  Escapes  from  prison. — Every  person  who  shall  escape  from 
prison  while  serving  his  sentence,  shall  be  punishable  by  summary 

658 


THE  CRIMINAL  CODE  [T.  5,  §  211 

order  of  the  competent  court,  by  imprisonment  for  an  additional 
term  of  not  less  than  one  twentieth  or  more  than  one  fifth  of  the 
term  of  the  original  sentence. 

202.  Officers  permitting  prisoners  to  escape. — Every  keeper  of  a 
jail  or  penitentiary,  assistant  jailer,  or  person  employed  as  a  guard 
or  otherwise,  who  fraudulently  contrives,  procures,  aids,  connives  at 
or  voluntarily  permits  the  escape  of  any  prisoner  in  custody,  is  pun- 
ishable by  imprisonment  in  the  penitentiary  for  not  more  than  ten 
3^ears  and  a  fine  of  not  more  than  $5,000. 

203.  Assisting  prisoners  to  escape. — Every  person  who  willfully 
assists  any  prisoner  confined  in  any  jail  or  penitentiary,  or  in  the 
lawful  custody  of  any  officer  or  person,  to  escape,  or  in  any  attempt 
to  escape  from  the  penitentiary  or  custody,  is  punishable  as  provided 
in  the  next  preceding  section. 

204.  Carrying  into  jail  or  penitentiary  things  useful  in  escape. — 

Every  person  who  carries  or  sends  into  a  jail  or  penitentiary  any 
thing  useful  to  aid  a  prisoner  in  making  his  escape,  with  intent 
thereby  to  facilitate  the  escape  of  any  prisoner  confined  therein,  is 
punishable  as  provided  in  section  202  of  this  title. 

205.  Assisting  in  escape  of  person  confined  in  Canal  Zone  hos- 
pital.— Any  person  who  willfully  assists  any  person  legally  confined 
in  a  hospital  of  the  Government  of  the  Canal  Zone  to  escape,  or  in 
an  attempt  to  escape  therefrom,  is  guilty  of  a  misdemeanor.  (Feb. 
21, 1933,  ch.  109,  sec.  45  [141a],  47  Stat.  865.) 

206.  Rescuing  prisoners. — Every  person  who  rescues  or  attempts 
to  rescue,  or  aids  another  person  in  rescuing  or  attempting  to  rescue, 
any  prisoner  from  the  penitentiary  or  any  jail,  or  from  any  officer 
or  person  having  him  in  lawful  custody,  is  punishable  as  follows : 

a.  If  the  prisoner  was  in  custody  upon  a  conviction  of  felony 
punishable  by  death,  by  imprisonment  in  the  penitentiary  for  not 
more  than  fourteen  years; 

b.  If  the  prisoner  was  in  custody  upon  a  conviction  of  any  other 
felony,  by  imprisonment  in  the  penitentiary  for  not  more  than  five 
years ; 

c.  If  the  prisoner  was  in  custody  upon  a  charge  of  felony,  by  a 
fine  of  not  more  than  $1,000,  and  imprisonment  in  the  penitentiary 
for  not  more  than  two  years;  or 

d.  If  the  prisoner  was  in  custody  otherwise  than  upon  a  conviction 
or  charge  of  felony,  by  a  fine  of  not  more  than  $500,  and  imprison- 
ment in  jail  for  not  more  than  six  months.  (Feb.  21,  1933,  ch.  109, 
sec.  43  [136,  subs.  3],  47  Stat.  865.) 

D.    CONTEMPT    OF    COURT 

211.  Contempt  in  presence  of  court,  judge  or  magistrate;  sum- 
mary punishment. — A  person  guilty  of  misbehavior  in  the  presence 
of  or  so  near  a  court,  judge  or  magistrate  as  to  obstruct  the  adminis- 
tration of  justice,  including  the  refusal  of  a  person  present  in  court 
to  be  sworn  as  a  witness  or  to  answer  as  a  witness  when  lawfully 
required,  shall  be  guilty  of  contempt,  which  the  court  may  punish 

659 


T.  5,  §  212]  THE  CRIMINAL  CODE 

summarily  by  imprisonment  in  jail  for  not  more  than  ten  days  or 
by  a  fine  of  not  more  than  $100,  or  by  both.  (Feb.  21,  1933,  ch.  109, 
sec.  37  [131],  47  Stat.  864.) 

Ckoss-Refebeinces 

Mitigation  of  punishment  for  offense  already  punished  as  contempt,  see  title 
6,  section  496. 

Punishment  for  a  crime  which  also  constitutes  a  contempt,  see  section  29  of 
this  title. 

212.  Contempt  by  disobedience  to  process  or  command  of 
court. — A  person  guilty  of  any  of  the  following  acts  may  be  punislied 
as  for  contempt : 

a.  Disobedience  of  or  resistance  to  a  lawful  writ,  process,  order, 
judgment  or  command  of  the  district  or  a  magistrate's  court,  or 
injunction  granted  by  the  district  court  or  judge; 

b.  Misbehavior  of  an  officer  of  a  court  in  the  performance  of  his 
official  duties  or  in  his  official  transactions ; 

c.  Failure  to  obey  a  subpena  duly  served ;  or 

d.  The  rescue  or  attempted  rescue  of  a  person  or  property  in  the 
custody  of  an  officer  by  virtue  of  an  order  or  process  of  a  court  held 
by  him. 

The  court  shall  determine  whether  the  accused  is  guilty  of  con- 
tempt and  if  he  is  adjudged  guilty  he  may  be  fined  not  more  than 
$100,  or  imprisoned  not  more  than  ten  days,  or  both.  If  the  con- 
tempt consists  in  the  violation  of  an  injunction,  the  person  guilty 
of  the  contempt  may  also  be  ordered  to  make  complete  restitution 
to  the  party  injured  by  the  violation.  (Feb.  21,  1933,  ch.  109,  sees. 
38  [131a]  and  39  [131b],  47  Stat.  864.) 

E.    MISCONDUCT  IN  PRACTICE   OF  LAW 

221.  Misconduct  by  attorneys;  in  general. — Every  attorney  who, 
whether  as  attorney  or  as  counselor,  either — 

a.  Is  guilty  of  any  deceit  or  collusion,  or  consents  to  any  deceit 
or  collusion,  with  intent  to  deceive  the  court  or  any  party ; 

b.  Willfully  delays  his  client's  suit  with  a  view  to  his  own  gain;  or 

c.  Willfully  receives  any  money  or  allowance  for  or  on  account 
of  any  money  which  he  has  not  laid  out  or  become  answerable  for; 

Is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  49  [145a],  47 
Stat.  865.) 

222.  Buying  by  attorneys  of  demands  or  suits. — Every  attorney 
who,  either  directly  or  indirectly,  buys  or  is  interested  in  buying 
any  evidence  of  debt  or  thing  in  action,  with  intent  to  bring  suit 
thereon,  is  guilty  of  a  misdemeanor.  (Feb.  21,  1933,  ch.  109,  sec.  49 
[145b],  47  Stat.  865.) 

223.  Practice  of  law  by  one  not  admitted  to  bar.— Any  person 
other  than  one  regularly  admitted  to  the  bar  of  the  district  court 
of  the  Canal  Zone  who  advertises  or  represents  himself  as  practicing 
or  entitled  to  practice  law  in  any  court  of  the  Canal  Zone,  other 
than  for  himself,  is  guilty  of  a  misdemeanor.  (Feb.  21,  1933,  ch. 
109,  sec.  49  [145c],  47  Stat.  865.) 

660 


THE  CRIMINAL  CODE 


[T.  n,  §  234 


F.    FRAUDS  BY  DEBTORS  AND  OTHERS 

231.  Fraudulent  concealment  of  property  by  defendant. — Every 
person  against  whom  an  action  is  pending  or  against  whom  a  judg- 
ment has  been  rendered  for  the  recovery  of  any  personal  property, 
who  fraudulently  conceals,  sells  or  disposes  of  that  property  with 
intent  to  hinder,  delay  or  defraud  the  person  bringing  the  action 
or  recovering  the  judgment,  or  with  that  intent  removes  the  prop- 
erty beyond  the  jurisdiction  of  the  courts  in  which  it  may  be  at  the 
time  of  the  commencement  of  the  action  or  the  rendering  of  the 
judgment,  is  punishable  as  provided  in  the  section  next  following. 

232.  Fraudulent  removal  of  property  from  jurisdiction  by 
debtor. — Every  debtor  who  fraudulently  removes  his  property  or 
effects  beyond  the  jurisdiction  of  the  courts,  or  fraudulently  sells, 
conveys,  assigns  or  conceals  his  property,  with  intent  to  defraud, 
hinder  or  delay  his  creditors  of  their  rights,  claims  or  demands,  is 
punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
one  year,  or  by  a  fine  of  not  more  than  $5,000,  or  by  both.  (Feb.  21, 
1933,  ch.  109,  sec.  36  [127],  47  Stat.  864.) 

233.  Fraudulent  production  of  infant  with  intent  to  intercept 
inheritance. — Every  person  who  fraudulently  produces  an  infant, 
falsely  pretending  it  to  have  been  born  of  any  parent  whose  child 
would  be  entitled  to  inherit,  with  intent  to  intercept  the  inheritance, 
is  punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
ten  years. 

234.  Substitution  of  one  child  for  another. — Every  person  to 
whom  an  infant  has  been  confided  for  nursing,  education  or  any 
other  purpose,  who,  with  intent  to  deceive  any  parent  or  guardian  of 
the  child,  substitutes  or  produces  to  the  parent  or  guardian  another 
child  in  place  of  the  one  so  confided,  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  seven  years. 

CHAPTER  9.— CRIMES  AGAINST  THE  PERSON 


Art.  Sec. 

1.  Homicide 251 

2.  Mayhem 271 

3.  Kidnaping  and  child  stealing 281 

4.  Robbery 291 

5.  Attempts  to  icill 301 

6.  Assaults  with   intent  to  commit 

felonies  other  than  murder 311 


Art. 

7.  Duels  and  challenges 

8.  False    imprisonment 

9.  Assault  and  battery 

10.  Libel 

11.  Other  injuries  to  persons- 


Sec. 
321 
331 
341 
351 
371 


Cross-Eefekencb 

Conspiracy  to  commit  felony  upon  person  of  another,  overt  act  not  necessary, 
see  section  82  of  tliis  title. 


afji 


T.5,  §251] 


THE  CRIMINAL  CODE 


ARTICLE  1.— HOMICIDE 


Sec. 
251. 
2.52. 
253. 
254. 
255. 

256. 


Murder   defined. 

Malice   defined. 

Degrees  of  murder. 

Punishment  for  murder. 

Injury   to  or  obstruction   of  Canal  or 

locks  causing  death. 
Manslaughter   defined ;    voluntary   and 

involuntary  manslaughter. 


Sec. 

257.  Punishment  of  manslaughter. 

258.  Party  must  die  within  a  year  and  a  day. 

259.  Excusable  homicide. 

260.  Justifiable  homicide  by  public  oflScers. 

261.  Justifiable  homicide  by  other  persons. 

262.  Bare  fear  not  to  justify  killing. 

263.  Justifiable   or   excusable   homicide   not 

punishable. 


Section  251.  Murder  defined. — Murder  is  the  unlawful  killing  of 
a  human  being  with  malice  aforethought. 

Cross-Rbifeeen  ces 

Burden  of  proving  circumstances  in  mitigation  or  justification,  see  title  6, 
section  384. 

Death  and  fact  of  liilling  by  defendant  to  be  established  as  independent  facts, 
see  title  6,  section  383. 

252.  Malice  defined. — Such  malice  may  be  express  or  implied.  It 
is  express  when  there  is  manifested  a  deliberate  intention  unlawfully 
to  take  away  the  life  of  a  fellow  creature.  It  is  implied  when  no 
considerable  provocation  appears,  or  when  the  circumstances  at- 
tending the  killing  show  an  abandoned  or  malignant  heart. 

253.  Degrees  of  murder. — Murder  which  is  perpetrated  by  means 
of  poison,  lying  in  wait,  torture,  or  by  other  Avillful,  deliberate, 
or  premeditated  act  or  acts,  or  which  is  committed  in  the  perpetra- 
tion or  attempt  to  perpetrate  arson,  rape,  robbery,  burglary,  or 
mayhem,  is  murder  of  the  first  degree,  and  all  other  kinds  of  murder 
are  of  the  second  degree.  (Feb.  21,  1933,  ch.  109,  sec.  50  [148], 
47  Stat.  866.) 

254.  Punishment  for  murder. — Every  person  guilty  of  murder  in 
the  first  degree  shall  suffer  death,  or,  if  there  be  extenuating  circum- 
stances, confinement  in  the  penitentiary  for  life,  and  every  person 
guilty  of  murder  in  the  second  degree  is  punishable  by  imprisonment 
in  the  penitentiary  not  less  than  ten  5^ears. 

255.  Injury  to  or  obstruction  of  Canal  or  locks  causing  death. — 

If  any  act  in  violation  of  section  821  of  this  title  shall  cause  the 
death  of  any  person  within  a  j^ear  and  a  day  thereafter,  the  person 
so  convicted  shall  be  guilty  of  murder  and  shall  be  punished  accord- 
ingly. (Aug.  21,  1916,  ch.  371,  sec.  10,  39  Stat.  529  [U.S.  Code,  title 
48,  sec.  1322].) 

256.  Manslaughter  defined;  voluntary  and  involuntary  man- 
slaughter.— Manslaughter  is  the  unlawful  killing  of  a  human  being 
without  malice.    It  is  of  two  kinds — 

a.  Voluntary :  Upon  a  sudden  quarrel  or  heat  of  passion ;  and 

b.  Involuntary :  In  the  commission  of  an  unlawful  act  not  amount- 
ing to  felony;  or  in  the  commission  of  a  lawful  act  which  might 
produce  death,  in  an  unlawful  manner  or  without  due  caution  and 
circumspection. 

CROSS-KEFjaSENOE 

Mislabeling  or  wrongfully  compounding  drugs  as  manslaughter,  see  section 
541  of  this  title. 


662 


THE  CRIMINAL  CODE  [T.  5,  §  261 

257.  Punishment  of  manslaughter.— Voluntary  manslaughter  is 
punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
ten  years. 

Involuntary  manslaughter  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  ten  years,  or,  in  the  discretion  of 
the  court,  by  imprisonment  in  jail  for  not  more  than  one  year  or 
by  a  fine  of  not  more  than  $1,000,  or  by  both  such  imprisonment  in 
jail  and  fine. 

258.  Party  must  die  within  a  year  and  a  day.— To  make  the 
killing  either  murder  or  manslaughter  it  is  requisite  that  the  party 
die  within  a  year  and  a  day  after  the  injury  is  received  or  the  cause 
of  death  administered;  in  the  computation  of  which  the  whole  of  the 
day  on  which  the  act  was  done  shall  be  reckoned  the  first. 

259.  Excusable  homicide. — Homicide  is  excusable  when  committed 
by  accident  and  misfortune  or  in  doing  any  lawful  act  by  lawful 
means  with  usual  and  ordinary  caution  and  without  any  unlawful 
intent. 

260.  Justifiable  homicide  by  public  officers. — Homicide  is  justifi- 
able when  committed  by  public  officers,  and  those  acting  by  their 
command  in  their  aid  and  assistance,  either: 

a.  In  obedience  to  any  judgment  of  a  competent  court; 

b.  When  necessarily  committed  in  overcoming  actual  resistance 
to  the  execution  of  some  legal  process  or  in  the  discharge  of  any  other 
legal  duty;  or 

c.  When  necessarily  committed  in  retaking  felons  who  have  been 
rescued  or  have  escaped,  or  in  arresting  persons  charged  with  felony, 
and  who  are  fleeing  from  justice  or  resisting  the  arrest. 

Cboss-Reiferen  ces 

Burden  of  proving  homicide  justifiable,  see  title  6,  section  384. 

Officer  may  use  all  necessary  means  to  effect  arrest,  see  title  6,  section  93. 

261.  Justifiable  homicide  by  other  persons. — Homicide  is  also 
justifiable  when  committed  by  any  person  in  any  of  the  following 
cases : 

a.  When  resisting  any  attempt  to  murder  any  person  or  to  commit 
a  felony  or  to  do  some  great  bodily  injury  upon  any  person; 

b.  When  committed  in  defense  of  habitation,  property  or  person, 
against  one  who  manifestly  intends  or  endeavors  by  violence  or  sur- 
prise to  commit  a  felony,  or  against  one  who  manifestly  intends  and 
endeavors  in  a  violent,  riotous  or  tumultuous  manner  to  enter  the 
habitation  of  another  for  the  purpose  of  offering  violence  to  any 
person  therein; 

c.  When  committed  in  the  lawful  defence  of  the  person,  or  of  a 
wife  or  husband,  parent,  child,  master,  mistress  or  servant  of  the 
person,  when  there  is  reasonable  ground  to  apprehend  a  design  to 
commit  a  felony  or  to  do  some  great  bodily  injury  and  imminent 
danger  of  such  design  being  accomplished;  but  the  person,  or  the 
person  in  whose  behalf  the  defense  was  made,  if  he  was  the  assailant 
or  engaged  in  mortal  combat,  must  really  and  in  good  faith  have 

663 


T.5,  §262] 


THE  CRIMINAL  CODE 


endeavored  to  avoid  or  escape  any  further  struggle  before  the  homi- 
cide was  committed;  or 

d.  When  necessarily  committed  in  attempting  by  lawful  ways  and 
means  to  apprehend  any  person  for  any  felonj'  committed  or  in  law- 
fully suj)pressing  any  riot,  or  in  lawfully  keeping  and  preserving  the 
peace. 

Cboss-Reifebences 

Burden  of  proving  homicide  justifiable,  see  title  6,  section  384. 
Self-defense,  see  title  6,  sections  31  to  33. 

262.  Bare  fear  not  to  justify  killing. — A  bare  fear  of  the  commis- 
sion of  any  of  the  offenses  mentioned  in  paragraphs  b  and  c  of  the 
next  preceding  section,  to  prevent  which  homicide  may  be  lawfully 
committed,  is  not  sufficient  to  justify  it.  But  the  circumstances  must 
be  sufficient  to  excite  the  fears  of  a  reasonable  person,  and  the  party 
killing  must  have  acted  under  the  influence  of  those  fears  alone. 

263.  Justifiable  or  excusable  homicide  not  punishable. — Where  a 
homicide  appears  to  be  justifiable  or  excusable,  the  person  charged 
must,  upon  his  trial,  be  acquitted  and  discharged. 


Sec. 

271.   Mayhem    defined. 


ARTICLE  2.— MAYHEM 


Sec. 


272.  Mayhem,   how  punishahle. 


271.  Mayhem  defined. — Every  person  who  unlawfully  and  mali- 
ciously deprives  a  human  being  of  a  member  of  his  body,  or  disables, 
disfigures,  or  renders  it  useless,  or  cuts  or  disables  the  tongue,  or  puts 
out  an  eye,  or  slits  the  nose,  ear  or  lip,  is  guilty  of  mayhem. 

CROSS-REFE3tEN<CE 

Assault  with  intent  to  commit,  see  section  311  of  this  title. 

272.  Mayhem,  how  punishable. — Mayhem  is  punislrable  by  im- 
prisonment in  the  penitentiary  for  not  more  than  fifteen  3'ears. 

ARTICLE  3.— KIDNAPING  AND  CHILD   STEALING 


Sec. 

281.  Kidnaping  defined. 

282.  Punishment  of  kidnaping. 


Sec. 

283.  Taliing  or  enticing  child  from   parent, 
guardian  or  other  person. 


281.  Kidnaping  defined. — P^very  person  Avho — 

a.  Forcibly  steals,  takes  or  arrests  any  person  in  the  Canal  Zone 
and  carries  him  into  another  part  of  the  Canal  Zone  or  into  another 
country  or  into  a  State  or  Territory  of  the  United  States; 

b.  Forcibly  takes  or  arrests  any  person  with  a  design  to  take  him 
out  of  the  Canal  Zone  without  having  established  a  claim  according 
to  the  laws  of  the  Canal  Zone  or  of  the  United  States  applicable  in 
the  Canal  Zone ;  or 

c.  By  false  promises,  misrepresentations  or  the  like,  hires,  per- 
suades, entices,  decoys  or  seduces  any  person  to  go  out  of  the  Canal 
Zone  or  to  l)e  taken  or  removed  therefrom  for  the  purpose  and  with 
the  intent  to  sell  the  person  into  slavery  or  involuntary  servitude  or 
otherwise  to  employ  him  for  his  own  use  or  for  the  use  of  another. 


664 


THE  CRIMINAL  CODE 


[T.  5,  §  294 


without  the  free  will  and  consent  of  the  persuaded  person,  or  to 
unlawfully  deprive  the  person  of  his  liberty; 
Is  guilty  of  kidnaping. 

Cross-Refebenck 

Bringing  kidnaped  person  into  place  subject  to  jurisdiction  of  United  States, 
see  U.S.  Code,  title  18,  section  446  (appendix,  p.  038). 

282.  Punishment  of  kidnaping. — Kidnaping  is  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  fifty  years. 
(Feb.  21,  1933.  ch.  109,  sec.  50a  [162],  47  Stat.  866.) 

283.  Taking  or  enticing  child  from  parent,  guardian  or  other 
person. — Every  person  who  maliciously,  forcibly  or  fraudulently 
takes  or  entices  away  any  child  under  the  age  of  twelve  years,  with 
intent  to  detain  and  conceal  the  child  from  its  parent,  guardian  or 
other  person  having  the  lawful  charge  of  the  child,  is  punishable 
by  imprisonment  in  the  penitentiary  for  not  more  than  fifty  years. 
(Feb.  21,  1933,  ch.  109,  sec.  50b  [163],  47  Stat.  866.) 

ARTICLE  4.— ROBBERY 


Sec.  Sec. 

291.  Robbery   defined.  294.  Boarding  passenger   train  with   intent 

292.  Foar  as  an  element  in  robbery.  to  rob. 
-d'd.  Punishment  for  robbery. 

291.  Robbery  defined. — Eobbery  is  the  felonious  taking  of  per- 
sonal property  in  the  possession  of  anotlier,  from  his  person  or  imme- 
diate presence  and  against  his  will,  accomplished  by  means  of  force 
or  fear. 

Cross-References 

Assault  witli  intent  to  rob,  see  section  311  of  this  title. 
Burglary,  see  section  051  of  this  title. 
Larceny,  see  section  771  of  this  title. 

Robbery  beyond  jurisdiction  and  bringing  the  stolen  goods  into  the  Canal 
Zone,  see  section  56  of  this  title. 

292.  Fear  as  an  element  in  robbery. — The  fear  mentioned  in  the 
next  preceding  section  may  be  either : 

a.  The  fear  of  an  unlawful  injury  to  the  person  or  property  of  the 
person  robbed  or  of  any  relative  of  his,  or  member  of  his  family ;  or 

b.  The  fear  of  an  immediate  and  unlawful  injury  to  the  person  or 
])roperty  of  anyone  in  the  company  of  the  person  robbed  at  the  time 
of  the  robbery. 

293.  Punishment  for  robbery. — Eobbery  is  punishable  by  impris- 
onment in  the  penitentiary  for  not  more  than  twenty  j'ears. 

294.  Boarding  passenger  train  with  intent  to  rob. — Every  person 
who  shall  unlawfully  board  any  passenger  train  with  the  intent  of 
robbing  the  same  shall  be  guilty  of  a  felony  and  shall  be  punishable 
by  imprisonment  in  the  penitentiary  for  not  more  than  forty  years. 
(Feb.  21,  1933,  ch.  109,  sec.  50e  [166],  47  Stat.  866.) 


93083—34- 


-43 


665 


T.  5,  §  301] 


THE  CRIMINAL  CODE 


ARTICLE  5.— ATTEMPTS  TO  KILL 


Sec. 

301.  Assault  with  intent  to  murder. 

302.  Admiuistering  poison. 


Sec. 

303.  Train    wrecking;    acts    done    isith  in- 
tention of. 


301.  Assault  with  intent  to  murder. — Every  person  who  assaults 
another  with  intent  to  commit  murder  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  twenty  years.  (Feb.  21, 
1933,  ch.  109,  sec.  50d  [165],  47  Stat.  866.) 

Cross-Res'erbncb 

Assault  with  deadly  weapon,  see  section  34G  of  this  title. 

302.  Administering  poison.— Every  person  who  with  intent  to 
kill  administers  or  causes  or  procures  to  be  administered  to  another, 
any  poison  or  other  noxious  or  destructive  substance  or  liquid,  but 
by  which  death  is  not  caused,  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  twenty  years.  (Feb.  21,  1933,  ch. 
109,  sec.  50c  [161],  47  Stat.  866.) 

Ckoss-Refebencb 
Willfully  poisoning  food,  medicine  or  water,  see  section  373  of  this  title. 

303.  Train  wrecking;  acts  done  with  intention  of. — Every 
person  who  shall — 

a.  Unlawfully  throw  out  a  switch,  remove  a  rail  or  place  any 
obstruction  on  any  railroad,  tramway  or  electric  railway,  with  the 
intent  of  derailing  any  passenger,  freight  or  other  car ; 

b.  Unlawfully  place  any  dynamite  or  any  other  explosive  material 
or  any  obstruction  on  the  track  of  any  railroad,  tramway  or  electric 
railway,  with  the  intent  of  blowing  up  or  derailing  any  passenger, 
freight,  or  other  car ;  or 

c.  Who  shall  unlawfully  set  fire  to  any  railroad,  tramway  or 
electric  railway,  bridge,  or  trestle,  over  which  any  passenger,  freight, 
or  other  car  must  pass,  with  intent  of  wrecking  the  car ; 

Shall  be  guilty  of  a  felony  and  shall  be  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  fort}^  years.  (Feb.  21, 
1933,  ch.  109,  sec.  50e  [166],  47  Stat.  866.) 

Ceos  s-Reoferen  cei 

Boarding  train  witli  intent  to  rob,  see  section  294  of  this  title. 


ARTICLE  6. 


See. 


-ASSAULTS  WITH  INTENT  TO  COMMIT  FELONIES  OTHER 
THAN  MURDER 


511.  Assaults  witti  intent  to  commit  certain 

felonies. 
312.  Assaults  withi  intent  to  commit  other 

felonies. 


Sec. 

313.  Administering     stupefying     agent 
assist  connuission  of  felony. 


311.  Assaults  with  intent  to  commit  certain  felonies. — Every 
person  who  assaults  another  with  intent  to  commit  rape,  the  in- 
famous crime  against  nature,  mayhem,  robbery  or  grand  larceny, 
is  punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
fourteen  years.     (Feb.  21,  1933,  ch.  109,  sec.  51b  [169],  47  Stat.  867.) 


666 


THE  CRIMINAL  CODE  [T.  5,  §  32G 

312.  Assaults  with  intent  to  commit  other  felonies.— Every  per- 
son who  is  guilty  of  an  assault  with  intent  to  connnit  any  felony, 
other  than  murder  and  the  felonies  enumerated  in  the  next  preceding 
section,  is  punishable  by  imprisonment  in  the  penitentiary  for  not 
more  than  one  year,  or  by  a  fine  of  not  more  than  $500. 

313.  Administering  stupefying  agent  to  assist  commission  of 
felony. — Every  person  guilty  of  administering  to  another  any 
chloroform,  ether,  laudanum  or  other  narcotic  anaesthetic  or  intoxi- 
cating agent,  with  intent  thereby  to  enable  or  assist  himself  or  any 
other  person  to  commit  a  felony,  is  guilty  of  a  felony. 

ARTICLE  7.  DUELS  AND  CHALLENGES 


Sec. 

321.  Duel   defined. 

322.  Fighting  a  duel  or  sending  or  accept- 

ing chaUenge. 

323.  Publishing    another    for    not    fighting 

duel. 


Sec. 

324.  Duties  of  ofiiccrs  to  prevent  duels. 

32.5.  Leaving    Canal    Zone    with    intent    to 

evade  laws  against  dueling. 
326.  Witness'  privilege. 


321.  Duel  defined.— A  duel  is  any  combat  with  deadly  weapons, 
fought  between  two  or  more  persons  by  previous  agreement  or  upon 
a  previous  quarrel. 

322.  Fighting  a  duel  or  sending  or  accepting  challenge. — Every 
person  who  fights  a  duel,  or  who  sends  or  accepts  a  challenge  to 
fight  a  duel,  ig  guilty  of  a  felony. 

323.  Publishing  another  for  not  fighting  duel.— Every  person 
who  posts  or  publishes  another  for  not  fighting  a  duel  or  for  not 
sending  or  accepting  a  challenge  to  fight  a  duel,  or  who  uses  any 
reproachful  or  contemptuous  language,  verbal,  written  or  printed, 
to  or  concerning  another,  for  not  sending  or  accepting  a  challenge 
to  fight  a  duel,  or  with  intent  to  provoke  a  duel,  is  guilty  of  a 
misdemeanor. 

324.  Duties  of  officers  to  prevent  duels. — Every  judge  or  other 
officer  bound  to  preserve  the  public  peace,  who  has  knowledge  of 
the  intention  on  the  part  of  any  persons  to  fight  a  duel,  and  who  does 
not  exert  his  official  authority  to  arrest  the  party  and  prevent  the 
duel,  is  punishable  by  a  fine  of  not  more  than  $1,000. 

325.  Leaving  Canal  Zone  with  intent  to  evade  laws  against 
dueling. — Every  person  who  leaves  the  Canal  Zone  with  intent  to 
evade  any  of  the  provisions  of  this  article,  and  to  commit  any  act 
beyond  the  jurisdiction  of  the  courts  which  is  prohibited  by  this 
article,  and  who  does  any  act,  although  out  of  the  Canal  Zone,  which 
would  be  punishable  by  such  provisions  if  committed  within  the 
Canal  Zone,  is  punishable  in  the  same  manner  as  he  would  have 
been  in  case  the  act  had  been  committed  within  the  Canal  Zone. 

326.  Witness'  privilege. — No  person  shall  be  excused  from  testi- 
fying or  answering  any  question  upon  any  investigation  or  trial 
for  a  violation  of  any  of  the  provisions  of  this  article,  upon  the 
ground  that  his  testimony  might  tend  to  convict  him  of  a  crime. 
But  no  evidence  given  upon  any  examination  of  a  person  so  testifying 

667 


T.  5,  §331]  TEE  CRIMINAL  CODE 

shall  be  received  against  him  in  any  criminal  prosecution  or  pro- 
ceeding. 

ARTICLE  8.— FALSE  IMPRISONMENT 

Sec.  I    Sec. 

331.  False   imprisonment   defined.  I    332.   r'unishment  of  false  imprisonment. 

331.  False  imprisonment  defined. — False  imprisonment  is  the  un- 
lawful restraint  of  a  person's  liberty,  whether  in  a  place  made  use  of 
for  lawful  imprisonment,  or  in  one  used  only  on  the  particular  occa- 
sion, or  by  words  and  an  array  of  force,  without  bolts  or  bars  in  any 
locality  whatever. 

Cross-references 

Arrest  under  pretense  of  proper  authority,  see  section  173  of  tliis  title. 
False  arrest,  see  section  171  of  this  title. 

Unlawful  restraint  after  discharge  on  habeas  corpus,  and  refusal  to  obey 
writ,  see  sections  191  and  192  of  this  title. 

332.  Punishment  of  false  imprisonment. — False  imprisonment  is 
punishable  by  a  hue  of  not  more  than  $5,000,  or  by  imprisonment  in 
the  penitentiary  for  not  more  than  one  year,  or  by  both.  (Feb.  21, 
1933,  ch.  109,  sec.  52  [188],  47  Stat.  867.) 

ARTICLE  9.— ASSAULT  AND  BATTERY 

Sec.  I    Sec. 

341.  Assault  defined.  341.   I'unishment  of  battery. 

342.  Punishment  of  assault.  345.  Assault  with  caustic  chemical. 

343.  Battery   defined.  I    346.  Assault  with  deadly  weapon. 

341.  Assault  defined. — An  assault  is  an  unlawful  attempt,  cou- 
pled with  a  present  ability,  to  commit  a  violent  injury  on  the  person 
of  another. 

342.  Punishment  of  assault. — An  assault  is  punishable  by  a  fine 
of  not  more  than  $25,  or  by  imprisonment  in  jail  for  not  more  than 
thirty  days. 

343.  Battery  defined. — A  battery  is  any  willful  and  unlawful  use 
of  force  or  violence  upon  the  person  of  another. 

344.  Punishment  of  battery. — A  battery  is  punishable  by  a  fine 
of  not  more  than  $100,  or  by  imprisonment  in  jail  for  not  more  than 
thirty  days,  or  by  both. 

345.  Assault  with  caustic  chemical. — Every  person  wlio  will- 
fully and  maliciously  places  or  throws,  or  causes  to  be  placed  or 
thrown,  upon  the  person  of  another  any  vitriol,  corrosive  acid  or 
cau.stic  chemical  of  any  nature  with  the  intent  to  injure  the  flesh  or 
disfigure  the  body  of  such  person  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  fourteen  years.  (Feb.  21, 
1933,  ch.  109,  sec.  51c  [182],  47  Stat.  807.) 

346.  Assault  with  deadly  weapon. — Every  person  who  commits 
an  assault  upon  the  person  of  another  with  a  deadly  weapon  or  in- 
strument, or  by  any  means  or  force  likely  to  produce  great  bodily 
injury,  is  punishable  by  imprisonment  in  the  penitentiary  for  not 
more  than  ten  years,  or  by  a  fine  of  not  more  than  $5,000,  or  by  both. 

CROSS-REI'ERENCE 

Attempts  to  kill,  see  sections  301  to  303  of  this  title. 

668 


THE  CRIMINAL  CODE 


T.  5,  §  358] 


ARTICLE  10.— LIBEL 


Libelous  remarks  connected  with  priv- 
ileged  matter. 
Other  privileged  comnuinications. 
Threatening  to  publish  libel. 
;!62.  Offering    to     prevent     publication     of 

libel,  intending  extortion. 
363.   I'ubllshing    of    portraits,    caricatures, 
and  cartoons. 


360 
361 


Sec.  Sec, 

351.  Libel   defined.  359 

352.  Punishment   of   libel. 

353.  Malice    presumed. 

354.  Truth  and  good  motives  as  a  defense. 

355.  Publication    defined. 

356.  Liability  of  editor.s  and  publishers. 

357.  Liability  of  author  of  libel. 

358.  Privilege  in  publication  of  true  report 

of  public  olficial  proceedings. 

351.  Libel  defined. — A  libel  is  a  malicious  defamation,  expressed 
either  by  writing,  printing  or  by  signs  or  pictures,  or  the  like,  tend- 
ing to  blacken  the  memory  of  one  who  is  dead,  or  to  impeach  the 
honesty,  integrity,  virtue  or  reputation,  or  to  publish  the  natural  or 
alleged  defects  of  one  who  is  alive,  and  thereby  to  expose  him  to 
public  hatred,  contempt  or  ridicule. 

Cross-References 

Informations  for  libel,  see  title  6,  section  201. 

Mailing  libelous  matter  on  wrappers  or  envelopes,  see  U.S.  Code,  title  18, 
section  335   (appendix,  p.  921). 

352.  Punishment  of  libel. — Every  person  who  willfully  and  with 
a  malicious  intent  to  injure  another  publishes  or  procures  to  be 
published  any  libel  is  punishable  by  a  fine  of  not  more  than  $5,000, 
or  imprisonment  in  the  penitentiary  for  not  more  than  one  year. 
(Feb.  21,  1933,  ch.  109,  sec.  53  [190],  47  Stat.  867.) 

353.  Malice  presumed. — An  injurious  publication  is  presumed  to 
have  been  malicious  if  no  justifiable  motive  for  making  it  is  shown, 

354.  Truth  and  good  motives  as  a  defense. — In  all  criminal 
pro^jivutions  for  libel  the  truth  may  be  given  in  evidence  to  the  jury, 
and  if  it  appears  to  the  jury  that  the  matter  charged  as  libelous  is 
true  and  was  published  with  good  motives  and  for  justifiable  ends 
the  defendant  shall  be  acquitted.  (Feb.  21,  1933,  ch.  109,  sec,  54 
[192],  47  Stat,  867.) 

355.  Publication  defined. — To  sustain  a  charge  of  publishing  a 
libel,  it  is  not  needful  that  the  words  or  things  complained  of  should 
have  been  read  or  seen  by  another.  It  is  enough  that  the  accused 
knowingly  parted  with  the  immediate  custody  of  the  libel  under  cir- 
cumstances which  exposed  it  to  be  read  or  seen  by  any  other  person 
than  himself. 

356.  Liability  of  editors  and  publishers. — Each  author,  editor  or 
proprietor  of  any  book,  newspaper  or  serial  publication,  is  charge- 
able with  the  publication  of  any  words  contained  in  any  part  of  such 
book  or  number  of  the  newspaper  or  serial. 

357.  Liability  of  author  of  libel.— The  author  of  a  libel  in  all 
cases  is  equally  guilty  and  is  subject  to  the  same  punishment  as  the 
publisher,  owner  or  proprietor  of  the  newspaper  or  other  printed 
publication  in  which  the  libelous  article  appears.  The  punishment 
prescribed  in  section  352  of  this  title  is  applicable  to  this  section. 

358.  Privilege  in  publication  of  true  report  of  public  official 
proceedings. — No  reporter,  editor  or  proprietor  of  any  newspaper 


669 


T.  5,  §  359]  THE  CRIMINAL  CODE 

is  liable  to  any  prosecution  for  any  fair  and  true  report  of  any 
judicial,  legislative  or  other  public  official  proceedings,  or  of  any 
statement,  speech,  argument  or  debate  in  the  course  of  the  same, 
except  upon  proof  of  malice  in  making  the  report,  which  shall  not 
be  implied  from  the  mere  fact  of  publication. 

359.  Libelous    remarks    connected    with    privileged    matter. — 

Libelous  remarks  or  comments  connected  with  matter  privileged  by 
the  next  preceding  section  receive  no  privilege  by  reason  of  their 
being  so  connected. 

360.  Other  privileged  communications. — A  communication  made 
to  a  person  interested  in  the  communication  by  one  who  was  also 
interested,  or  who  stood  in  such  relation  to  the  former  as  to  afford 
a  reasonable  ground  for  supposing  his  motive  innocent,  is  not  pre- 
sumed to  be  malicious  and  is  a  privileged  communication. 

361.  Threatening  to  publish  libel. — Every  person  who  threatens 
another  to  publish  a  libel  concerning  him,  or  any  parent,  husband, 
wife  or  child  of  the  person  or  member  of  his  family,  is  guilty  of  a 
felony.     (Feb.  21,  1933,  ch.  109,  sec.  55  [198],  47  Stat.  867.) 

Gross-Rbiferenob 

Threat  to  accuse  auother  of  crime  or  to  disclose  infirmities,  see  section  371 
of  this  title. 

362.  Offering  to  prevent  publication  of  libel,  intending  extor- 
tion.— Every  person  who  offers  to  prevent  the  publication  of  any 
libel  upon  another  person,  with  intent  to  extort  any  money  or  other 
valuable  consideration  from  any  person,  is  guilty  of  a  felony.  (Feb. 
21,  1933,  ch.  109,  sec.  55  [198],  47  Stat.  867.) 

363.  Publishing  of  portraits,  caricatures  and  cartoons. — Every 
person  who  shall  publish  in  any  newspaper,  handbill,  poster,  book,  or 
serial  publication  or  supplement  thereto — 

a.  The  portrait  of  any  living  person  a  resident  of  the  Canal  Zone 
other  than  that  of  a  person  holding  a  public  office  in  the  Canal  Zone, 
without  the  written  consent  of  the  person  first  had  and  obtained; 
except  that  it  shall  be  lawful  to  publish  the  portrait  of  a  person 
convicted  of  a  crime ;  or 

b.  Any  caricature  of  any  person  residing  in  the  Canal  Zone,  which 
caricature  will  in  any  manner  reflect  upon  the  honor,  integrity, 
manhood,  virtue,  reputation,  or  business  or  political  motives  of  the 
person  so  caricatured,  or  which  tends  to  expose  the  individual  so 
caricatured  to  public  hatred,  ridicule  or  contempt; 

Shall  be  punished  by  a  fine  of  not  more  than  $500,  or  by  imprison- 
ment in  jail  for  not  more  than  six  months,  or  by  both. 

All  persons  concerned  in  the  publication,  either  as  owner  or  man- 
ager, editor,  publisher  or  engraver  are  each  liable  for  the  publica- 
tion. Actions  for  the  violation  of  this  section  shall  be  tried  either 
in  the  division  where  the  newspaper,  handbill,  poster,  book,  or  serial 
publication  or  supplement  is  printed  or  has  its  publication  office,  or 
in  the  division  where  the  person  whose  portrait  or  caricature  is  pub- 
lished resides  at  the  time  of  the  alleged  publication. 

670 


THE  CRIMINAL  CODE 
ARTICLE  11.— OTHER  INJURIES  TO  PERSONS 


[T.  5,  §  375 


Sec. 

371.  Sending   letter    tlueatening   to   accuse 

another  of  crime  or  expose  failings. 

372.  Act    by    intoxicated    physician    endan- 

gering  life. 

373.  Willfully  poisoning  food,  medicine,  or 

water. 


Sec. 

374.  Cruelty    or    neglect    of    duty    toward 

lunatics  and  insane  persons. 

375.  Innkeepers    and    carriers    refusing    to 

receive  guests  and  pa.ssengers. 


371.  Sending  letter  threatening  to  accuse  another  of  crime  or 
expose  failings. — Every  person  who  knowingly  and  willfully  sends 
or  delivers  to  another  any  letter  or  writing,  whether  subscribed  or 
not,  threatening  to  accuse  him  or  another  of  a  crime,  or  to  expose  or 
publish  any  of  his  failings  or  infirmities,  is  guilty  of  a  misdemeanor. 

Cross-Reteirences 

Threats  as  element  of  extortion  in  general,  see  sections  681  to  688  of  this 
title. 

Threat  to  publish  libel,  see  section  361  of  this  title. 

372.  Act  by  intoxicated  physician  endangering  life. — Every 
physician  who,  in  a  state  of  intoxication,  does  any  act  as  a  physician 
to  another  person  by  w-hich  the  life  of  the  person  is  endangered,  is 
guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  51  [167],  47  Stat. 
866.) 

373.  Willfully  poisoning  food,  medicine  or  water. — Every  per- 
son who  wdllfully  mingles  any  poi.son  with  any  food,  drink  or  medi- 
cine, with  intent  that  the  same  shall  be  taken  by  any  human  being,  to 
his  injury,  and  every  person  who  willfully  poisons  any  spring,  well, 
or  reservoir  of  water,  is  punishable  b}^  imprisonment  in  the  peni- 
tentiary for  not  more  than  twenty  years.  (Feb.  21,  1933,  ch.  109, 
sec.  51a  [168],  47  Stat.  867.) 

Ceoss-Refekence 

Administering  poison  with  intent  to  kill,  see  section  302  of  this  title. 

374.  Cruelty  or  neglect  of  duty  toward  lunatics  and  insane 
persons. — Every  person  guilty  of  any  harsh,  cruel  or  unkind  treat- 
ment of,  or  any  neglect  of  duty  toward  any  idiot,  lunatic  or  insane 
person,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  66  [244], 
47  Stat.  869.) 

375.  Innkeepers  and  carriers  refusing  to  receive  guests  and 
passengers.— Every  person,  and  every  agent  or  officer  of  any  cor- 
poration, carrying  on  business  as  an  innkeeper  or  as  a  common  car- 
rier of  passengers  who  refuses,  without  just  cause  or  excuse,  to  re- 
ceive and  entertain  any  guest,  or  to  receive  and  carry  any  passenger, 
is  guilty  of  a  misdemeanor. 


671 


T.5,§391] 


THE  CRIMINAL  CODE 


CHAPTER  10.— CRIMES  AGAINST  PUBLIC  DECENCY  AND  GOOD 

MORALS 


Art.  Sec. 

1.  Regulations    respecting    indecent 

or  immoral   conduct 391 

2.  Rape,  abduction,  carnal  abuse  of 

children,  and  seduction 401 

3.  Bigamy,    incest,    and    the    crime 

against  nature 411 

4.  Abortion   and    contraception 421 

5.  Adultery 431 

6.  Abandonment  or  neglect  of  wife 

or   child 441 


Art. 

7.  Indecent    exposure,    obscene    ex- 

hibitions, books  and  prints, 
and  bawdy  and  other  disor- 
derly houses 

8.  Gambling 

!>.   Lotteries 

10.  Violating   sepulchre  and   the  re- 
mains of  the  dead 


Sec. 


451 
461 
471 

481 


Cross-References 

Conspiracy  to  commit  act  injurious  to  public  morals,  see  section  81  of  this 
title. 

Mailing  obscene  matter,  see  U.S.  Code,  title  18,  section  334  (appendix,  p.  920). 

ARTICLE    1.— REGULATIONS    RESPECTING    INDECENT    OR    IMMORAL 

CONDUCT 


Sec. 

391.  President   may   make   rules  and  regu- 
lations. 


Sec. 

392.   Punishment    of    violations    of    regula- 
tions. 


Section  391.  President  may  make  rules  and  regulations. — It  shall 
be  unlawful  to  engage  in  or  permit  anj^^  indecent  or  immoral  conduct 
in  the  Canal  Zone.  The  President  is  authorized  to  enforce  this  pro- 
vision by  making  rules  and  regulations  to  assert  and  exercise  the 
police  power  in  the  Canal  Zone,  or  for  any  portion  or  division 
thereof,  and  he  mav  amend  or  change  any  such  regulation.  (Aug.  21, 
1916,  ch.  371,  sec* 4,  39  Stat.  528  [U.S.  Code,  title  48,  sec.  1313].) 

392.  Punishment  of  violations  of  regulations. — Any  person  who 
violates  any  of  the  police  regulations  authorized  under  the  next  pre- 
ceding section,  shall  be  punished  b}^  a  fine  of  not  more  than  $25,  oi- 
by  imprisonment  in  jail  for  not  more  than  thirty  days,  or  by  both. 
(Aug.  21,  1916,  ch.  371,  sec.  5,  39  Stat.  528  [U.S.  Code,  title  48,  sec. 
1314].) 

ARTICLE  2.— RAPE,  ABDUCTION,  CARNAL  ABUSE  OP  CHILDREN  AND 

SEDUCTION 


Sec. 

401.  Rape    defined. 

402.  Proof    of    physical    ability    where    de- 

fendant under  fourteen. 

403.  Gist  of  offense  ;  penetration  .sufficient. 

404.  Punishment  for  rape. 


Sec. 

405.  Abduction    of  women. 

406.  Enticement    for   purposes    of    prostitu- 

tion. 

407.  Seduction  under  promise  of  marriage. 

408.  Intermarriage  bars  prosetiution. 


401.  Rape  defined. — Rape  is  an  act  of  sexual  intercourse  accom- 
plished Avith  a  female  not  the  wife  of  the  perpetrator,  under  any  of 
the  following  circumstances : 

a.  Where  the  female  is  under  the  age  of  sixteen  years; 

b.  Where  she  is  incapable,  through  lunacy  or  other  unsoundness  of 
mind,  whether  temporary  or  permanent,  of  giving  legal  consent ; 

c.  Wliere  she  is  prevented  from  resisting  by  threats  of  great  and 
immediate  bodily  harm,  accompanied  by  apparent  power  of  execu- 
tion, or  by  any  intoxicating,  narcotic  or  aniiesthctic  substance,  admin- 
istered by  or  with  the  privit}'  of  the  accused  ; 

d.  Where  she  resists,  but  her  resistance  is  overcome  by  force  or 
violence ; 

G72 


THE  CRIMINAL  CODE  [T.  5,  §  4(Xi 

e.  Where  she  is  at  the  time  unconscious  of  the  nature  of  the  act, 
and  this  is  known  to  the  accused ;  or 

f.  Where  she  submits  under  the  belief  that  the  person  committing; 
the  act  is  her  husband,  and  this  belief  is  induced  by  any  artifice,  pre- 
tense or  concealment  practiced  by  the  ac  cused,  with  intent  to  induce 

such  belief. 

Cross-References 

Administering  stupefying  drugs  with  intent  to  commit  felony,  see  section  313 
of  this  title. 

Attempts  to  conuuit  rape,  see  section  311  of  this  title. 

402.  Proof  of  physical  ability  where  defendant  under  four- 
teen.— No  conviction  for  rape  can  be  had  against  one  who  was  under 
the  age  of  fourteen  years  at  the  time  of  the  act  alleged,  unless  his 
physical  ability  to  accomplish  forcible  penetration  is  proved  as  an 
independent  fact  and  beyond  a  reasonable  doubt. 

403.  Gist  of  offense;  penetration  sufficient.— The  essential  guilt 
of  rape  consists  in  the  outrage  to  the  person  and  feelings  of  the 
female.  Any  sexual  penetration,  however  slight,  is  sufficient  to 
complete  the  crime. 

404.  Punishment  for  rape. — Rape  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  fifty  years,  except  where  the 
offense  is  under  paragraph  a  of  section  401  of  this  title,  in  which 
case  the  punishment  shall  be  either  by  imprisonment  in  jail  for  not 
more  than  one  year  or  in  the  penitentiary  for  not  more  than  fifty 
years,  and  in  such  case  the  jury  shall  recommend  by  their  verdict 
whether  the  punishment  shall  be  by  imprisonment  in  jail  or  in  the 
penitentiary :  Provided,  That  when  the  defendant  pleads  guilty  of  an 
offense  under  said  paragraph  a,  the  punishment  shall  be  in  the  dis- 
cretion of  the  trial  court,  either  by  imprisonment  in  jail  for  not  more 
than  one  year  or  in  the  penitentiary  for  not  more  than  fifty  years. 
(Feb.  21,  1933,  ch.  109,  sec.  56  [204],  47  Stat.  867.) 

405.  Abduction  of  women. — Every  person  who  takes  any  woman 
unlawfully,  against  her  will,  and  by  force,  menace  or  duress,  compels 
her  to  marry  him,  or  to  marry  any  other  person,  or  to  be  defiled,  is 
punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
fourteen  years.     (Feb.  21,  1933,  ch.  109,  sec.  56a  [205],  47  Stat.  868.) 

406.  Enticement  for  purposes  of  prostitution.— Every  person 
who — 

a.  Inveigles  or  entices  any  unmarried  female,  of  previous  good 
reputation  for  chastity,  under  the  age  of  twenty-one  years,  into  any 
house  of  ill  fame  or  of  assignation,  or  elsewhere,  for  any  purpose  of 
prostitution,  or  to  have  illicit  carnal  connection  with  any  man ; 

b.  Aids  or  assists  in  such  inveiglement  or  enticement ;  or 

c.  By  any  false  pretenses,  false  representation  or  other  fraudulent 
means,  procures  any  female  to  have  illicit  carnal  connection  with 
any  man; 

Is  punishable  by  imprisonment  in  the  penitentiary  for  not  more 
than  five  years,  or  by  a  fine  of  not  more  than  $1,000,  or  by  both. 

Cros8-Refekbnce 
Necessity  of  corroborative  evidence,  see  title  6,  section  376. 

673 


T.  5,  §  407]  THE  CRIMINAL  CODE 

407.  Seduction  under  promise  of  marriage. — Every  person  who, 

under  promise  of  marriage,  seduces  and  has  sexual  intercourse  with 
an  unmarried  female  of  previous  good  reputation  for  chastity,  is 
punishable  by  imprisonment  in  the  penitentiary  for  not  more  than 
five  years,  or  by  a  fine  of  not  more  than  $5,000,  or  by  both. 

408.  Intermarriage  bars  prosecution. — The  intermarriage  of  the 
parties  prior  to  the  trial  is  a  bar  to  a  prosecution  for  a  violation  of  the 
next  preceding  section. 

ARTICLE  3.— BIGAMY,  INCEST.  AND  THE  CRIME  AGAINST  NATURE 


Sec. 

411.  Bigamy  defined  and  punished. 

412.  Exception   where  former  spouse   miss- 

ing or  marriage  annulled. 

413.  Marrying  husband  or  wife  of  another. 


Sec. 

414.  Marriage  within  prohibited  degrees  of 

consanguinity. 

415.  Infamous  crime  against  nature. 

416.  Lewd  or  lascivious  acts  with  children. 


411.  Bigamy  defined  and  punished. — Every  person  having  a  hus- 
band or  wife  living  who  marries  any  other  person,  except  in  the  cases 
specified  in  the  section  next  following,  is  guilty  of  bigamy  and  is 
punishable  as  for  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  56d  [218], 
47  Stat.  868.) 

Cross-References 

Proof  of  marriages  upon  trial  for  bigamy,  see  title  6,  section  377, 
What  marriages  void,  see  title  3,  section  53. 

412.  Exception  where  former  spouse  missing  or  marriage  an- 
nulled.— The  next  preceding  section  does  not  extend : 

a.  To  any  person  by  reason  of  any  former  marriage  whose  hus- 
band or  wife  by  such  marriage  has  been  absent  for  five  successive 
years  without  being  known  to  such  person  within  that  time  to  be 
living;  or 

b.  To  any  person  by  reason  of  any  former  marriage  which  has  been 
pronounced  void,  annulled  or  dissolved  by  the  judgment  of  a  compe- 
tent court. 

413.  Marrying  husband  or  wife  of  another. — Every  person  who 
knowingly  and  willfully  marries  the  husband  or  wife  of  another,  in 
any  case  in  which  the  husband  or  wife  would  be  punishable  under  the 
provisions  of  this  article,  is  puni.shable  by  a  fine  of  not  less  than 
$2,000,  or  by  imprisonment  in  the  penitentiary  for  not  more  than 
three  years. 

414.  Marriage  within  prohibited   degrees  of  consanguinity. — 

Persons  being  within  the  degrees  of  consanguinity  within  which 
marriages  are  declared  by  this  section  to  be  incestuous,  who  inter- 
marry with  each  other,  or  who  commit  fornication  or  adultery  with 
each  other,  are  punishable  by  imprisonment  in  the  penitentiary  not 
exceeding  ten  years.  Marriages  between  parents  and  children, 
ancestors  and  descendants  of  every  degree,  and  between  brothers 
and  sisters  of  the  half  as  well  as  the  whole  blood,  and  between  uncles 
and  nieces,  or  aunts  and  nephews,  are  incestuous,  whether  the  rela- 
tionship is  legitimate  or  illegitimate.  (Feb.  21,  1933,  ch.  109,  sec.  57 
[220],  47  Stat.  868.) 

Cross-Refebence 

What  marriages  void,  see  title  3,  section  53. 

674 


THE  CRIMINAL  CODE 


[T.  5,  §  423 


415.  Infamous  crime  against  nature. — Every  person  who  is 
guilty  of  the  infamous  crime  against  nature,  committed  with  man- 
kind or  with  any  animal,  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  ten  j^ears. 

Cross-Refebence 

Assaults  with  intent  to  commit  this  crime,  see  section  311  of  this  title. 

416.  Lewd  or  lascivious  acts  with  children. — Afiy  person  who 
shall  willfully  and  lewdly  commit  any  lewd  or  lascivious  act  other 
than  the  acts  constituting  other  crimes  provided  for  in  this  title 
upon  or  with  the  body,  or  any  part  or  member  thereof,  of  a  child 
under  the  age  of  thirteen  years,  Avith  the  intent  of  arousing,  appeal- 
ing to,  or  gratifying  the  lust  or  passions  or  sexual  desires  of  such 
person  or  of  such  child,  shall  be  imprisoned  in  the  penitentiary  for 
not  more  than  ten  years.  (Feb.  21,  1933,  ch.  109,  sec.  59  [223  a],  47 
Stat.  868.) 

ARTICLE    4.— ABORTION    AND    CONTRACEPTION 


Sec. 

424.  Acts  with  intent  to  produce  miscar- 
riage. 

422.  Soliciting  or  submitting  to  means  to 
procure  miscarriage. 


Sec. 

423.  Advertisement   of  means  for  abortion 
or  contraception. 


421.  Acts  with  intent  to  produce  miscarriage. — Every  person 
who  provides,  supplies  or  administers  to  any  pregnant  woman,  or 
procures  any  such  woman  to  take  any  medicine,  drug  or  substance, 
or  uses  or  employs  any  instrument  or  other  means  whatever,  with 
intent  thereby  to  procure  the  miscarriage  of  such  woman,  unless 
the  same  is  necessary  to  preserve  her  life,  is  punishable  by  impris- 
onment in  the  penitentiary  for  not  more  than  five  years.  (Feb.  21, 
1933,  ch.  109,  sec.  56b  [211],  47  Stat.  868.) 

Ceoss-Reference 
Necessity  of  corroboration  of  woman  by  other  evidence,  see  title  6,  section  376. 

422.  Soliciting  or  submitting  to  means  to  procure  miscarriage.— 

Every  woman  who  solicits  of  any  person  any  medicine,  drug,  or 
substance  whatever,  and  takes  the  same,  or  who  submits  to  any 
operation,  or  to  the  use  of  any  means  whatever,  with  intent  thereby 
to  procure  a  miscarriage,  unless  the  same  is  necessary  to  preserve 
her  life,  is  punishable  by  imprisonment  in  the  penitentiary  for  not 
more  than  five  years.  (Feb.  21,  1933,  ch.  109,  sec.  56c  [212],  47  Stat. 
868.) 

423.  Advertisement  of  means  for  abortion  or  contraception. — 

Every  person  who : 

a.  Willfully  writes,  composes  or  publishes  any  notice  or  advertise- 
ment of  any  medicine  or  means  for  producing  or  facilitating  a  mis- 
carriage or  abortion,  or  for  the  prevention  of  conception ;  or 

b.  Offers  his  services  by  any  notice,  advertisement  or  otherwise  to 
assist  in  the  accomplishment  of  any  such  purpose; 

Is  guilty  of  a  felony. 


675 


T.  5,  §  431] 


THE  CRIMINAL  CODE 


ARTICLE   5.— ADULTERY 

431.  Adultery  defined  and  punished. — Every  person  who: 

a.  Being  married,  shall  voluntarily  have  sexual  intercourse  with 
a  person  other  than  the  offender's  husband  or  wife;  or 

b.  Being  unmarried,  shall  voluntarily  have  sexual  intercourse  with 
a  married  person; 

Is  guilty  of  adultery  and  shall  be  fined  not  more  than  $200,  or  be 
imprisoned  in  jail  for  not  more  than  one  year. 

ARTICLE  6.— ABANDONMENT  OR  NEGLECT  OP  WIFE  OR  CHILD 


Sec. 

441.  Abandonment  or  omission   to   provide 

for  wife   or  child. 

442.  Disposition    of    chiild    for    service    in 

mendicant  or  wandering  business. 


Sec. 

44.".  Abuse  or  abandonment  of  child. 
444.   Humane    society    agent    may    aid    In 
enforcement. 


441.  Abandonment  or  omission  to  provide  for  wife  or  child. — 

Every  husband  of  any  wife  or  parent  of  any  child  lawfully  charge- 
able with  the  support  or  maintenance  of  such  wife  or  child,  who 
abandons  or  willfully  omits,  without  lawful  excuse,  to  furnish  food, 
shelter  or  medical  attendance  to  such  wife  or  child  is  guilty  of^  a 
misdemeanor. 

Cboss-Refebence 

Obligation  of  liusband  or  parent  to  stipport  wife  and  cliilrlren,  see  title  3, 
sections  131  and  166. 

442.  Disposition  of  child  for  service  in  mendicant  or  wandering 
business. — Any  person  who : 

a.  Having  in  his  care,  custody  or  control  any  child  under  the  age 
of  twelve  years,  whether  as  parent,  relative,  guardian,  employer  or 
otherwise,  shall  sell,  apprentice,  give  away,  let  out  or  otherwise 
dispose  of  any  such  child  to  any  person,  under  any  name,  title  or 
pretense,  for  the  vocation,  use,  occupation,  calling  or  service  of  beg- 
ging or  peddling  in  any  public  street  or  highway,  or  in  any  mendi- 
cant or  wandering  business  whatsoever; 

b.  Shall  take,  receive,  hire,  employ,  use,  or  have  in  custody  any 
child  for  such  purposes,  or  either  of  them ; 

Is  guilty  of  a  misdemeanor. 

443.  Abuse  or  abandonment  of  child. — Every  person  who — 

a.  Shall  torture,  cruelly  beat,  abuse,  willfully  maltreat  or  unneces- 
sarily deprive  of  liberty  any  child  under  the  age  of  eighteen ;  or 

b.  Having  custody  or  possession  of  a  child  under  the  age  of  four- 
teen, shall  expose  it  in  any  highway,  street,  field,  house,  or  other  place 
with  intent  to  abandon  it ; 

Is  guilty  of  a  misdemeanor. 

Cross-Referencb 
Civil  remedy  for  parental  abuse,  see  title  3,  section  173. 

444.  Humane  society  agent  may  aid  in  enforcement. — Any  duly 
appointed  agent  of  a  regularlj'^  organized  humane  society  in  the 
Canal  Zone  may  be  commissioned  by  the  proper  authorities  of  the 
Canal  Zone  as  a  special  police  officer  for  the  enforcement  of  the  pro- 
visions of  the  next  preceding  section  and  of  any  other  law,  regula- 


676 


THE  CRIMINAL  CODE 


[T.  5,  §  453 


tion  or  order  for  the  prevention  of  cruelty  to  children,  and  when  so 
commissioned  shall  be  vested  for  that  purpose  with  all  the  authority 
of  a  member  of  the  police  force. 

ARTICLE  7.— INDECENT  EXPOSURE,   OBSCENE  EXHIBITIONS,  BOOKS 
AND  PRINTS,  AND  BAWDY  AND  OTHER  DISORDERLY  HOUSES 


Sec. 

451.  Indecent    exposures,    exhibitions    and 

pictures. 

452.  Authority   upon   arrest    to   seize  inde- 

cent   articles. 

453.  Summary       determination      of      inde- 

cent character  of  articles  seized. 


Sec. 

454.  Destruction  of  indecent  articles. 

455.  Keeping    or    residing    in    house    of    ill 

fame. 

456.  Keeping  disorderly  house. 

457.  Prevailing  upon  person  to  visit  disor- 

derly  house. 


451.  Indecent  exposures,  exhibitions  and  pictures.— Every  person 
who  willfully  and  lewdly,  either : 

a.  Exposes  the  private  parts  of  his  person  in  any  public  place  or 
in  any  place  where  there  are  present  other  persons  to  be  offended  or 
annoyed  thereby ; 

b.  Procures,  counsels  or  assists  any  person  so  to  expose  himself, 
or  to  take  part  in  any  model  artist  exhibition,  or  to  make  any  other 
exhibition  o,f  himself  to  public  view  or  to  the  view  of  any  number  of 
persons,  such  a,s  is  offensive  to  decency,  or  is  adapted  to  excite  to  lewd 
or  vicious  thoughts  or  acts ; 

c.  Writes,  composes,  stereotypes,  prints,  publishes,  sells,  distributes, 
keeps  for  sale  or  exhibits  any  obscene  or  indecent  writing,  publica- 
tions or  books;  or  designs,  copies,  draws,  engraves,  paints  or  other- 
wise prepares  any  obscene  or  indecent  picture  or  print ;  or  molds,  cuts, 
casts  or  otherwise  makes  any  obscene  or  indecent  figure ; 

d.  Writes,  composes  or  publishes  any  notice  or  advertisement  of 
any  such  writing,  paper,  book,  picture,  print  or  figure ;  or  ' 

e.  Sings  any  lewd  or  obscene  song,  ballad  or  other  words  in  any 
public  place,  or  in  any  place  where  there  are  persons  present  to  be  an- 
noyed therebj^,  is  guilty  of  a  misdemeanor. 

Cros  s-Refebence 
Information  for  selling  obscene  books  or  papers,  see  title  6,  section  205. 

452.  Authority  upon  arrest  to  seize  indecent  articles. — Every 
person  who  is  authorized  or  enjoined  to  arrest  any  person  for  a 
violation  of  paragraph  c  of  the  next  preceding  section  is  equally 
authorized  and  enjoined  to  seize  any  obscene  or  indecent  writing, 
paper,  book,  picture,  print  or  figure  found  in  possession  or  under 
the  control  of  the  person  so  arrested,  and  to  deliver  the  same  to  the 
magistrate  before  whom  the  person  so  arrested  is  required  to  be 
taken.     (Feb.  21,  1933,  ch.  109,  sec.  61  [229],  47  Stat.  869.) 

453.  Summary  determination  of  indecent  chaiacter  of  articles 
seized. — The  magistrate  to  whom  any  obscene  or  indecent  writing, 
paper,  book,  picture,  print  or  figure  is  delivered,  pursuant  to  the  next 
preceding  section,  must,  upon  the  examination  of  the  accused,  or  if 
the  examination  is  delayed  or  prevented,  without  awaiting  such  ex- 
amination, determine  the  character  of  such  writing,  paper,  book, 
picture,  print  or  figure,  and  if  he  finds  it  to  be  obscene  or  indecent, 
he  must  deliver  one  copy  to  the  district  attorney.  (Feb.  21,  1933, 
ch.  109,  sec.  62  [230],  47  Stat.  869.) 


677 


T.  5,  §  454] 


THE  CRIMINAL  CODE 


454.  Destruction  of  indecent  articles. — Upon  the  conviction  of  the 
accused,  any  writing,  paper,  book,  picture,  print  or  figure,  in  respect 
whereof  the  accused  stands  convicted,  shall  be  destroyed. 

455.  Keeping  or  residing  in  house  of  ill  fame. — Every  person 
who  keeps  a  house  of  ill  fame  in  the  Canal  Zone,  resorted  to  for  the 
purposes  of  prostitution  or  lewdness,  or  who  willfully  resides  in  such 
house,  is  guilty  of  a  misdemeanor. 

456.  Keeping  disorderly  house. — Every  person  who — 

a.  Keeps  any  disorderly  house  or  any  house  for  the  purpose  ol 
assignation  or  prostitution,  or  any  house  of  public  resort,  by  which 
the  peace,  comfort  or  decency  of  the  immediate  neighborhood  is 
habitually  disturbed ; 

b.  Keeps  any  inn  in  a  disorderly  manner ;  or 

c.  Lets  any  apartment  or  tenement  knowing  that  it  is  to  be  used  for 
the  purpose  of  assignation  or  prostitution; 

Is  guilty  of  a  misdemeanor. 

457.  Prevailing  upon  person  to  visit  disorderly  house. — Who- 
ever, through  invitation  or  device,  prevails  upon  any  person  to  visit 
any  room,  building  or  other  place  kept  for  the  purpose  of  prostitu- 
tion, is  punishable  by  a  fine  of  not  more  than  $500,  or  by  imprison- 
ment in  jail  for  not  more  than  six  months,  or  by  both.  (Feb.  21, 
1933,  ch.  109,  sec.  63  [235],  47  Stat.  869.) 

ARTICLE  8.— GAMBLING 


Sec. 

463.  Possessing  or  permitting  maintenance 
of  slot  or  other  gambling  machine. 


Sec. 

461.  Conducting  gambling  game  for  a  per- 

centage. 

462.  Possessing  or  permitting  maintenance 

of  gambling  device  or  game. 

461.  Conducting  gambling  game  for  a  percentage. — Every  per- 
son who  conducts  or  carries  on,  or  causes  to  be  conducted  or  carried 
on,  either  as  owner,  agent  or  employee,  whether  for  gain  or  a  chance 
for  gain  by  deducting  a  percentage  either  of  the  profits  or  of  the  stake 
being  hazarded,  any  game  of  faro,  monte,  roulette,  lansquenet,  rouge- 
et-noir,  rondo,  tan,  fan-tan,  studhorse  poker,  poker,  seven-and-a-half, 
twenty-one,  hokey-pokey  or  any  other  game,  for  money,  checks,  credit 
or  other  representative  of  value,  shall  be  punishable  by  a  fine  of  not 
more  than  $1,000,  or  by  imprisonment  in  jail  for  not  more  than  one 
year,  or  by  both.     (July  5,  1932,  ch.  416,  47  Stat.  571.) 

Cross-Reference 

Lotteries,  see  sections  471  to  477  of  this  title. 

462.  Possessing  or  permitting  maintenance  of  gambling  device 
or  game. — Every  person  who  has  in  his  possession  or  under  his  con- 
trol, or  who  permits  to  be  placed,  maintained  or  kept  in  any  room, 
space,  inclosure  or  building  owned,  leased  or  occupied  by  him,  or 
under  his  control  or  management,  any  device  or  game  on  which  any 
money  or  other  valuable  thing  is  staked  or  hazarded  and  as  a  result 
such  money  or  valuable  thing  may  be  won  or  lost,  shall  be  punish- 
able as  provided  in  section  461  of  this  title.  (July  5,  1932,  ch.  416, 
47  Stat.  571.) 


678 


THE  CRIMINAL  CODE 


[T.  5,  §  473 


463.  Possessing  or  permitting  maintenance  of  slot  or  other  gam- 
bling machine. — Every  person  who  has  in  his  possession  or  under 
his  control,  either  as  owner,  agent,  employee  or  otherwise,  or  who 
l)ermits  to  be  placed,  maintained  or  kept  in  any  room,  space,  in- 
closure  or  building  owned,  leased  or  occupied  by  him,  or  under  his 
management  or  control,  any  slot  or  card  machine,  contrivance,  ap- 
pliance or  mechanical  device,  upon  the  result  of  action  of  which 
money  or  other  valuable  thing  is  staked  or  hazarded,  and  which  is 
operated  or  played  by  placing  or  depositing  therein  any  coins,  checks, 
slugs  or  other  articles  or  device,  or  in  any  other  manner,  and  by 
means  whereof,  or  as  a  result  of  the  operation  of  which,  any  mer- 
chandise, money,  check,  token  or  other  representative  or  article  of 
value,  redeemable  in  or  exchangeable  for  money  or  any  other  thing 
of  value,  is  won  or  lost,  shall  be  punishable  as  provided  in  section  461 
of  this  title.     (July  5,  1932,  ch.  416,  47  Stat.  571.) 


ARTICLE  9— LOTTERIES 


Sec. 


de- 


Sec. 
475. 
476. 

477. 


to 


Publishing  account  of  lottery. 
Causing  tickets   or   advertisements 

be  brought  in  for  distribution. 
Raffles    or    gift    enterprises    for    chari 

table  purposes. 


471.  "  Lottery  "   acftj   "  lottery   ticket  " 

fined. 

472.  Lotteries    unlawful. 

473.  Establishment  or  promotion  of  lottery. 

474.  Selling  tickets   or   being  concerned   in 

lottery  as  owner  or  agent. 

471.  "  Lottery  "  and  "  lottery  ticket  "  defined. — As  used  in  this 
article : 

a.  "  Lottery  "  means  and  includes  any  lottery,  policy-lottery,  gift 
concert  or  similar  enterprise  of  any  description  by  whatever  name, 
style  or  title  the  same  may  be  designated  or  known. 

b.  "  Lottery  ticket "  means  and  includes  any  lottery  ticket,  order 
or  device  of  any  kind,  for  or  representing  any  number  of  shares  or 
any  interest  in  any  lottery  or  scheme  of  chance.  (July  14,  1932,  ch. 
479,  sees.  1  [3]  and  2  [4],  47  Stat.  661.) 

Cross-Reference 
Proof  on  trial  for  violation  of  lottery  laws,  see  title  6,  section  382. 

472.  Lotteries  unlawful. — The  establishment,  maintenance,  pro- 
motion or  drawing  of  any  lottery  in  the  Canal  Zone  is  unlawful  and 
cannot  be  authorized  by  any  public  officer  of  the  Canal  Zone,  except 
as  provided  in  section  477  of  this  titk. 

Cross-Referencb 

Postal  offenses  in  connection  with  lotteries,  see  U.S.  Code,  title  18,  sections 
336  and  337  (appendix,  p.  922). 

473.  Establishment  or  promotion  of  lottery. — Any  person  who 
shall— 

a.  Establish,  set  on  foot,  carry  on,  promote,  make  or  draw,  any  lot- 
tery within  the  Canal  Zone  whether  publicly  or  privately;  or 

b.  By  such  ways  and  means  expose,  set  aside  or  offer  for  sale  any 
real  or  personal  property,  or  certificate  of  claim,  or  any  thing  of 
value  or  taken  thereof  whatever; 

Shall  be  punished  for  a  first  offense  by  a  fine  of  not  more  than 
$1,000,  or  by  imprisonment  in  jail  for  not  more  than  one  year;  or 


679 


T.  5,  §  474]  THE  CRIMINAL  CODE 

by  both,  and  for  a  subsequent  offense  by  both  fine  and  imprisonment. 
(July  14,  1932,  ch.  479,  sec.  1  [3],  47  Stat.  661.) 

474.  Selling  tickets  or  being  concerned  in  lottery  as  owner  or 
agent. — Any  person  within  the  Canal  Zone  who  shall — 

a.  Vend,  sell,  barter  or  dispose  of  any  lottery  ticket;  or 

b.  Be  concerned  in  anywise  in  any  lottery  or  scheme  of  chance  by 
acting  as  owner  or  agent  in  the  Canal  Zone  for  or  on  behalf  of  any 
lottery  or  scheme  of  chance  to  be  drawn,  paid  or  carried  on,  either 
outside  of  or  within  the  Canal  Zone; 

Shall  be  punished  for  the  first  offense  by  a  fine  of  not  more  than 
$1,000  or  by  imprisonment  in  jail  for  not  more  than  one  year,  or 
both,  in  the  discretion  of  the  court,  and  for  the  second  or  a  subsequent 
offense  by  both  fine  and  imprisonment.  (July  14,  1932,  ch.  479,  sec.  2 
[4],  47  Stat.  661.) 

475.  Publishing  account  of  lottery. — Any  person  who  shall  by 
printing,  writing  or  in  any  other  way  publish  an  account  of  any 
lottery  or  scheme  of  chance  to  be  carried  on,  held  or  drawn  either 
outside  of  or  within  the  Canal  Zone — 

a.  Stating  when  or  where  any  lottery  or  scheme  of  chance  is  to  be 
drawn  for  the  prizes  therein  or  any  of  them ; 

b.  Stating  any  information  in  relation  to  the  drawing  or  prizes  or 
any  of  them,  the  price  of  the  ticket,  show  or  chance  therein,  or  where 
any  ticket  may  be  obtained; 

c.  In  any  way  aiding  or  assisting  in  the  lottery  or  scheme  of 
chance;  or 

d.  In  anywise  giving  publicity  to  the  lottery  or  scheme  of  chance; 
Shall  be  fined  not  more  than  $1,000,  or  be  imprisoned   in  jail 

for  not  more  than  one  year,  or  both.  (July  14,  1932,  ch.  479,  sec.  3 
[5],  47  Stat.  661.) 

476.  Causing  tickets  or  advertisements  to  be  brought  in  for  dis- 
tribution.— Any  person  who  shall — 

a.  Cause  any  papers,  certificates  or  instruments  purporting  to  be 
or  represent  a  ticket,  chance,  share  or  interest  in  or  dependent  upon 
the  event  of  any  lottery  or  other  enterprise  offering  prizes  dependent 
upon  lot  or  chance,  to  be  brought  into  the  Canal  Zone  from  abroad 
for  the  purpose  of  depositing  them  in  the  Canal  Zone  or  of  disposing 
of  them  or  having  them  disposed  of  therein;  or 

b.  Cause  any  advertisement  of  any  such  lottery  or  other  enterprise 
to  be  brought  into  the  Canal  Zone  or  deposited  or  circulated  therein ; 

Shall  be  punished  for  a  first  offense  by  a  fine  of  not  more  than 
$1,000,  or  by  imprisonment  in  jail  for  not  more  than  one  year,  or 
by  both,  and  for  a  subsequent  offense  by  both  fine  and  imprisonment. 
(July  14,  1932,  ch.  479,  sec.  4  [6],  47  Stat.  662.) 

Ckoss-Referencb 

Importation  or  "interstate"  carriage  of  lottery  tickets,  see  U.S.  <Jocle,  title 
18,  section  387  (appendix,  p.  932). 

477.  Raffles  or  gift  enterprises  for  charitable  purposes.— The 

Governor  may  issue  a  permit  for  conducting  a  i-allie  or  gift  enterprise 
whenever  it  shall  appear  to  him  after  proper  investigation  that  tiie 
gross  proceeds  of  the  enterprise  are  to  be  used  for  charitable  pur- 

680 


TEE  CRIMINAL  CODE 


[T.  5,  §  484 


poses,  and  when  such  permit  shall  have  been  issued  by  the  Governor 
the  preceding  sections  of  this  article  shall  not  apply.  (July  14, 
1932,  ch.  479,  sec.  6  [10],  47  Stat.  662.) 

ARTICLE  10.— VIOLATING    SEPULCHRE   AND    THE   REMAINS    OF   THE 

DEAD 


See. 

481.  Mutilation  or  removal  of  dead  bodies. 

482.  Removal  of  part  of  dead  body  for  sale 

or  dissection. 


Sec. 

483.  Defacing  tombs  and  monuments. 

484.  Interrin;;    riMiiaiiis    ('ls<'\vlicr<'    than 

cemetery. 


481.  Mutilation  or  removal  of  dead  bodies. — Every  person  who 
mutilates,  disinters  or  removes  from  the  place  of  sepulchre  the  dead 
body  of  a  human  being-  without  authority  of  law,  is  guilty  of  a  felony. 
But  the  provisions  of  this  section  do  not  apply  to  any  person  who 
lawfully  removes  a  dead  bod}^  for  reinterment. 

482.  Removal  of  part  of  dead  body  for  sale  or  dissection. — 

Every  person  who  removes  any  part  of  the  dead  body  of  a  human 
being  fr«m  any  grave  or  other  place  where  the  same  has  been  buried, 
or  from  any  place  where  the  same  is  deposited  while  awaiting  burial, 
with  intent  to  sell  the  same,  or  to  dissect  it.  without  authority  of  law, 
or  from  malice  or  wantonness,  is  punishable  by  imprisonment  in 
the  penitentiary  for  not  more  than  live  yoars. 

488.  Defacing  tombs  and  monuments. — Every  person  who  will- 
fully and  maliciously  clef  aces,  breaks,  destroj^s  or  removes  any  tomb, 
monument  or  grave  stone  erected  to  any  deceased  person,  or  any 
memento  or  memorial,  or  any  ornamental  plant,  tree,  or  shrub  apper- 
taining to  the  place  of  burial  of  a  human  being,  or  who  shall  mark, 
deface,  injure,  destroy  or  remove  any  fence,  post,  rail  or  wall  of  any 
cemetery  or  graveyard,  is  guilty  of  a  misdemeanor. 

Cross-Refekence 
Injuries  to  mouuments,  ornamental  trees,  etc.,  see  section  834  of  tliis  title. 

484.  Interring   i-emains   elsewhere   than   in   cemetery. — Every 

person  who,  except  with  the  permission  of  the  Governor  of  the  Pan- 
ama Canal,  shall  bury  or  inter,  or  cause  to  be  buried  or  interred,  the 
dead  body  of  any  human  being,  or  any  human  remains,  in  any  place 
other  than  in  a  cemetery  or  place  of  burial,  existing  under  the  laws  of 
the  Canal  Zone  and  in  wdiich  interments  have  been  made,  or  that  is  or 
may  hereafter  be  established  or  organized,  shall  be  guilty  of  a  mis- 
demeanor.    (Feb.  21,  1033,  ch.  109,  sec.  60  [227],  47  Stat.  868.) 

CHAPTER  11.— CRIMES  AGAINST  THE  PUBLIC  HEALTH  AND  SAFETY 


Art. 

1.  In  general 


Sec. 
501 


2.  Crimes   in   relation  to   motor  and 

other    vehicles™- 511 

3.  Crimes  in    relation    to    boiler    ex- 

plosions  or   railroads 521 

4.  Crimes  in  relation  to  Bridges,  fer- 

ries or  roads  in  ge»eral 531 


relation    to    food   and 


Art. 

5.  Crimes    i 

drug.s 

6.  I'ublic  nuisances 

7.  Crimes  in  relation  to  animals- 

8.  Crimes  in  relation  to  flres 


Sec. 

541 
551 
561 
571 


Ckoss-Refeeences 

Carrying  and  keeping  of  arms,  see  sections  871  to  876  of  this  title. 
Conspiracy  to  commit  act  injurious  to  public  health,  see  section 


title. 


injurious  to  public  health,  see  section  81  of  this 


93083—34- 


-44 


681 


T.  5,  §  501] 


THE  CRIMINAL  CODE 


ARTICLE  1.— IN  GENERAL 


Sec. 

505.  Keeping  of  pestliouse  or  hospital. 

506.  Keeping     or     transporting     explosives 

without  permit. 

507.  Placing   filth    or    animal    carcasses    in 

or  near  waters  or  highways. 


Sec. 

501.  Willful     failure     to     perform     duties 

under  health  laws. 

502.  Aiding  or  encouraging  suicide. 

503.  Willful  exposure  of  diseased  person  iu 

public  place. 

504.  Exhibiting  deformities  of  persons. 

Section  501.  Willful  failure  to  perform  duties  under  health 
laws. — Every  person  charged  with  the  performance  of  any  duty 
under  the  laws  relating  to  the  preservation  of  the  public  health,  who 
willfully  neglects  or  refuses  to  perform  the  same,  is  guilty  of  a  mis- 
demeanor. 

502.  Aiding  or  encouraging  suicide. — Every  person  who  deliber- 
ately aids,  advises  or  encourages  another  to  commit  suicide,  is  guilty 
of  a  felony. 

503.  Willful  exposure  of  diseased  person  in  public  place. — Every 
person  who  willfully  exposes  himself  or  another  afflicted  with  any 
contagious  or  infectious  disease  in  any  public  place  or  thoroughfare, 
except  in  his  necessary  removal  in  a  manner  the  least  dangerous  to 
the  public  health,  is  guilty  of  a  misdemeanor. 

504.  Exhibiting  deformities  of  persons. — Every  person  who  ex- 
hibits the  deformities  of  another,  or  his  own  deformities,  for  hire, 
is  guilty  of  a  misdemeanor ;  and  every  person  who,  by  any  artificial 
means,  gives  to  any  person  the  appearance  of  a  deformity  and  ex- 
hibits such  person  for  hire,  shall  be  guilty  of  a  misdemeanor. 

505.  Keeping  of  pesthouse  or  hospital. — Every  person  who  estab- 
lishes or  keeps,  or  causes  to  be  established  or  kept,  within  the  limits 
of  any  city  or  village,  any  pesthouse,  hospital  or  place  for  persons 
affected  with  contagious  or  infectious  diseases,  is  guilty  of  a  misde- 
meanor. 

506.  Keeping  or  transporting  explosives  without  permit. — Every 
person  who  makes  or  keeps  in  the  Canal  Zone  or  transports  in  or 
across  the  Canal  Zone  more  than  five  pounds  of  gunpowder,  nitro- 
glycerine or  other  highly  explosive  substance  without  a  permit  from 
the  Governor  so  to  do,  is  guilty  of  a  misdemeanor.  (Feb.  21,  1933, 
ch.  109,  sec.  71  [255],  47  Stat.  870.) 

507.  Placing  filth  or  animal  carcasses  in  or  near  waters  or  high- 
ways.— Every  person  who — 

a.  Puts  the  carcass  of  any  dead  animal,  or  the  offal  or  filth  from 
any  slaughterhouse,  pen  or  butcher  shop,  into  any  river,  creek,  pond, 
reservoir,  stream,  alley,  public  highway  or  road  in  common  use;  or 

b.  Puts  any  filth  or  carcass  of  anj''  dead  animal  or  any  offal  of 
any  land  in  or  upon  the  borders  of  any  stream,  pond,  lake  or  reser- 
voir from  which  water  is  drawn  for  the  supply  of  the  inhabitants  of 
any  city  or  village,  so  that  the  drainage  from  the  filth  or  carcass  of 
any  animal  or  off'al  of  any  kind  may  be  taken  up  by  or  in  such  stream, 
lake  or  reservoir,  or  who  by  any  other  means,  fouls  or  pollutes  the 
waters  of  any  such  stream,  pond,  lake  or  reservoir; 

Shall  be  punished  by  imprisonment  in  the  penitentiary  for  not 
more  than  one  year  or  by  a  fine  of  not  more  than  $1,000,  or  by  both. 


682 


THE  CRIMINAL  CODE  [T.  5,  §  513 

ARTICLE  2.— CRIMES  IN  RELATION  TO  MOTOR  AND  OTHER  VEHICLES 


Sec. 

511.  Violation   of   duty   by   drivers   of  ve- 

liicles  in  collision. 

512.  Driving    motor    vehicle    while    intoxi- 

cated. 


Sec. 
513. 


Driving  while  intoxicated  and  causing 
death  or  bodily  injury. 


511.  Violation  of  duty  by  drivers  of  vehicles  in  collision. — When- 
ever an  automobile,  motorcycle  or  other  motor  vehicle,  or  any  vehicle 
whatsoever,  regardless  of  the  power  by  which  it  is  propelled  or 
drawn,  strikes  any  person,  or  collides  with  any  vehicle  containing 
a  person,  the  driver  of,  and  all  persons  in,  such  vehicle,  who  have  or 
assume  authority  over  the  driver,  shall — 

a.  Immediately  cause  the  vehicle  to  stop; 

b.  Render  to  the  person  struck,  or  to  the  occupants  of  the  vehicle 
collided  with,  all  necessary  assistance  including  the  carrying  of  the 
person  or  occupant  to  a  physician  or  surgeon  for  medical  or  surgical 
treatment  if  such  treatment  is  required  or  if  such  carrying  is 
requested  by  the  person  struck  or  the  occupant  of  the  vehicle  struck ; 
and 

c.  Either  remain  at  the  scene  of  the  accident  until  the  arrival  of  the 
police  authorities  or  communicate  a  full  report  of  the  accident  to  the 
nearest  police  authorities  without  delay. 

Any  person  violating  any  of  the  provisions  of  this  section  is  pun- 
ishable by  imprisonment  in  the  penitentiary  for  not  more  than  five 
years  or  in  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more 
than  $5,000,  or  by  both  such  fine  and  imprisonment.  (Feb.  21,  1933, 
ch.  109,  sec.  68  [250a],  47  Stat.  870.) 

Cboss-Reifebbnce 
Violation  of  motor-vehicle  or  highway  regulations,  see  title  2,  section  323. 

512.  Driving  motor  vehicle  while  intoxicated. — Any  person  oper- 
ating or  driving  an  automobile,  motorcycle  or  other  motor  vehicle 
who  becomes  or  is  intoxicated  while  so  engaged  in  operating  or 
driving  such  automobile,  motorcycle  or  other  motor  vehicle,  shall  be 
guilty  of  a  misdemeanor.  (Feb.  21,  1933,  ch.  109,  sec.  69  [250b],  47 
Stat."  870.) 

Ckoss-Refeeence 

Intoxication  in  a  public  place  as  an  offense,  see  section  603  of  this  title. 

513.  Driving  while  intoxicated  and  causing  death  or  bodily  in- 
jury.— Any  person  operating  or  driving  an  automobile,  motorcycle 
or  other  motor  vehicle  who  becomes  or  is  intoxicated  while  so  en- 
gaged in  operating  or  driving  such  automobile,  motorcycle  or  other 
motor  vehicle,  and  who  by  reason  of  such  intoxication  does  any  act, 
or  neglects  any  duty  imposed  by  law,  which  act  or  neglect  of  duty 
causes  the  death  of,  or  bodily  injury  to,  any  person,  shall  be  punish- 
able by  imprisonment  in  the  penitentiary  for  not  more  than  ten 
years,  or  in  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more 
than  $500,  or  by  both  such  fine  and  imprisonment.  (Feb.  21,  1933, 
ch.  109,  sec.  70  [250c],  47  Stat.  870.) 


T.5,  §521] 


THE  CRIMINAL  CODE 


ARTICLE  3.— CRIMES  IN   RELATION  TO   BOILER  EXPLOSIONS  OR 

RAILROADS 


Sec. 

521.  Causing    steam    boiler    explosion    en- 

dangering  life. 

522.  Causing  boiler  of  steamboat  to  explode 

endangering  life. 

523.  Causing   boiler   explosion    resulting   in 

death. 

524.  Causing    railroad    collision    resulting 

in  death. 


Sec. 
525. 

526. 


Omission  by  locomotive  engineer  to 
ring  bell  when  crossing  highway. 

Intoxication  of  engineers,  conductors, 
train  dispatchers  or  telegraph  oper- 
ators. 


521.  Causing  steam  boiler  explosion  endangering  life. — Every 
engineer  or  other  person  having  charge  of  any  steam  boiler,  steam 
engine  or  other  apparatus  for  generating  or  employing  steam  used 
in  any  manufactory,  railway  or  other  works  who  willfully,  or  from 
ignorance  or  gross  neglect,  creates,  or  allows  to  be  created,  such  an 
undue  quantity  of  steam  as  to  burst  or  break  the  boiler,  engine  or 
apparatus,  or  cause  any  other  accident  whereby  human  life  is  endan- 
gered, is  guilty  of  a  felony. 

522.  Causing  boiler  of  steamboat  to  explode,  endangering  life.— 

Every  captain  or  other  person  having  charge  of  any  steamboat  used 
for  the  conveyance  of  passengers,  or  of  the  boilers  and  engines 
thereof,  who  from  ignorance  or  gross  neglect  or  for  the  purpose  of 
excelling  any  other  boat  in  speed,  creates  or  allows  to  be  created, 
such  an  undue  quantity  of  steam  as  to  burst  or  break  the  boiler,  or 
any  apparatus  or  machinery  connected  therewith,  by  which  bursting 
or  breaking  human  life  is  endangered,  is  guilt}^  of  a  felony. 

523.  Causing  boiler  explosion  resulting  in  death. — Every  person 
having  charge  of  any  steam  boiler  or  steam  engine,  or  other  appa- 
ratus for  generating  or  employing  steam  used  in  any  manufactory, 
or  on  any  railroad,  or  in  any  vessel,  or  in  any  kind  of  mechanical 
work,  who  willfully  or  from  ignorance  or  neglect,  creates  or  allows, 
to  be  created,  such  an  undue  quantity  of  steam  as  to  burst  or  break 
the  boiler,  engine,  or  apparatus,  or  to  cause  any  other  accident 
whereby  the  death  of  a  human  being  is  produced,  is  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  ten  years.  (Feb. 
21,  1933,  ch.  109,  sec.  67a  [248],  47  Stat.  869.) 

524.  Causing  railroad  collision  resulting  in  death. — Every  con- 
ductor, engineer,  brakeman,  switchman  or  other  person  having 
charge,  wholly  or  in  part,  of  any  railroad  car,  locomotive  or  train, 
which  is  used  as  a  common  carrier,  who  willfully  or  negligently  suf- 
fers or  causes  the  same  to  collide  with  another  car,  locomotive  or 
train,  or  with  any  other  object  or  thing  whereby  the  death  ©f  a 
human  being  is  produced,  is  punishable  by  imprisonment  in  the  peni- 
tentiary for  not  more  than  ten  years.  (Feb.  21,  1933,  ch.  109,  sec. 
67b  [250],  47  Stat.  870.) 

Cross-references 

Injuries  to  railroads,  see  sections  826  to  830  'if  tlii.s  title. 
Train  wrecking,  .^^ee  section  303  of  tliis  title. 

525.  Omission  by  locomotive  engineer  to  ring  bell  when  cross- 
ing highway. — Every  person  in  charge  of  a  locomotive  engine,  who, 
before  crossing  any  traveled  public  way,  omits  to  cause  a  bell  to 


684 


THE  CRIMINAL  CODE  [T.  5,  §  541 

ring  or  steam  whistle  to  sound,  at  the  distance  of  at  least  one  hun- 
dred and  fifty  meters  from  the  crossing,  and  up  to  it,  is  guilty 
of  a  misdemeanor. 

526.  Intoxication  of  engineers,  conductors,  train  dispatchers  or 
telegraph  operators. — Every  person  who  is  intoxicated  while  in 
charge  of  a  locomotive  engine,  or  while  acting  as  conductor  or  driver 
upon  any  railroad  train  or  car  whether  propelled  by  steam  or  elec- 
tricity, or  while  acting  as  train  dispatcher,  or  as  telegraph  operator, 
receiving  or  transmitting  dispatches  in  relation  to  the  movement  of 
trains,  is  guilty  of  a  misdemeanor. 

ARTICLE  4.— CRIMES  IN  RELATION  TO  BRIDGES.  FERRIES  OR  ROADS 

IN    GENERAL 

Sec.  I    Sec. 

531.  Receiving    compensation    for    use    of  I    532.  Violating  conditions  of  undertaking  to 
bridge,  ferry  or  road.  I  keep    ferry. 

531.  Receiving  compensation  for  use  of  bridge,  ferry  or  road. — 

Every  person  who  demands  or  receives  compensation  for  the  use 
of  any  bridge  or  ferry,  or  sets  up  or  keeps  any  road,  bridge,  ferry 
or  constructed  ford  for  the  purpose  of  receiving  any  remuneration 
for  the  use  of  the  same  without  authority  of  law,  is  guilty  of  a 
misdemeanor. 

CEOSS-REFEiRENCfi 

Injuries  to  bridges  or  highways,  see  sections  822  to  826  of  this  title. 

532.  Violating  conditions  of  undertaking  to  keep  ferry. — Every 
person  who,  having  entered  into  an  undertaking  to  keep  and  attend 
a  ferry,  violates  the  conditions  of  such  undertaking,  is  guilty  of 
a  misdemeanor. 

ARTICLE  5.— CRIMES  IN  RELATION  TO  FOOD  AND  DRUGS 

Sec.  I   Sec. 

541.  Druggist    wrongfully    putting    up    or       543.  Adulterating    or    selling    adulterated 

compounding  medicines.  1  candy. 

542.  Adulterating     or     selling    adulterated    I    544.  Selling  or  oflferiug  unwholesome   food 

food  or  drugs.  I  or   medicine. 

Ceoss-References 

For  provisions  of  the  Harrison  Anti-Narcotic  Act,  see  U.S.  Code,  title  26, 
sections  1040  to  1064  and  1383  to  1391  (appendix,  p.  969). 

For  provisions  of  the  Narcotic  Drugs  Import  and  Export  Act,  see  U.S.  Code, 
title  21,  sections  171  to  185  (appendix,  p.  957). 

541.  Druggist  wrongfully  putting  up  or  compounding  medi- 
cines.— Every  apothecary,  druggist,  or  person  carrying  on  business 
as  a  dealer  in  drugs  or  medicines,  or  person  employed  as  clerk  or 
salesman  by  such  person,  who,  in  putting  up  any  drugs  or  medicines, 
or  making  up  any  prescription,  or  filling  any  order  for  drugs  or 
medicines : 

a.  Willfull}^  negligently  or  ignorantly  omits  to  label  the  same; 

b.  Puts  an  untrue  label,  stamp,  or  other  designation  of  contents 
upon  any  box,  bottle,  or  other  package  containing  any  drugs  or 
medicines ; 


T.  5,  §  542]  THE  CRIMINAL  CODE 

c.  Substitutes  a  different  article  for  any  article  prescribed  or 
ordered ; 

d.  Puts  up  a  greater  or  less  quantity  of  any  article  than  that 
prescribed  or  ordered;  or 

e.  Otherwise  deviates  from  the  terms  of  the  prescription  or  order 
which  he  undertakes  to  follow ; 

In  consequence  of  which  human  life  or  health  is  endangered,  is 
guilty  of  a  misdemeanor,  or  if  death  ensues,  is  guilty  of  man- 
slaughter. 

Ceoss-Refeeence 

False  weights  and  measures,  see  sections  711  to  716  of  this  title. 

542.  Adulterating  or  selling  adulterated  food  or  drugs. — Every 
person  who: 

a.  Adulterates  or  dilutes  any  articles  of  food,  drink,  drug,  medi- 
cine, spirituous  or  malt  liquor,  or  wine,  or  any  article  useful  in  com- 
pounding them,  with  a  fraudulent-  intent  to  offer  the  same  or  cause  or 
permit  it  to  be  offered  for  sale  as  unadulterated  or  undiluted ;  or 

b.  Fraudulently  sells,  or  keeps  or  offers  for  sale  the  same  as 
unadulterated  or  undiluted ; 

Is  guilty  of  a  misdemeanor. 

543.  Adulterating  or  selling  adulterated  candy. — Every  person 
who: 

a.  Adulterates  candy  by  using  in  its  manufacture  terra  alba  or 
any  other  deleterious  substance;  or 

b.  Sells  or  keeps  for  sale  any  candy  adulterated  with  terra  alba 
or  any  other  deleterious  substance,  knowing  the  same  to  be 
adulterated ; 

Is  guilty  of  a  misdemeanor. 

544.  Selling  or  offering  unwholesome  food  or  medicine. — Every 
person  who  knowingly  sells,  or  keeps  or  offers  for  sale,  or  otherw-ise 
disposes  of  any  article  of  food,  drink,  drug,  or  medicine,  knowing 
that  the  same  has  become  tainted,  decayed,  spoiled  or  otherwise 
unwholesome  or  unfit  to  be  eaten  or  drunk,  with  intent  to  permit  the 
same  to  be  eaten  or  drunk,  is  guilty  of  a  misdemeanor. 

ARTICLE  6.— PUBLIC  NUISANCES 

Sec.  I   Sec. 

551.  Public  nuisance  defined.  I   552.  Maintaining  nuisance  a  misdemeanor. 

551.  Public  nuisance  defined. — Anything  which  is  injurious  to 
health  or  is  indecent,  or  offensive  to  the  senses,  or  an  obstruction  to 
the  fi'ee  use  of  property,  so  as  to  interfere  with  the  comfortable  en- 
joyment of  life  or  property  by  an  entire  community  or  neighbor- 
hood, or  by  any  considerable  number  of  persons,  or  unlawfully 
obstructs  the  free  passage  or  use  in  the  customary  manner  of  any 
navigable  lake  or  river,  bay,  stream,  canal  or  basin,  or  any  public 
park,  square,  street  or  highway,  is  a  public  nuisance. 

Ceos  s-Referencb 

See  also  title  3,  sections  2801  to  2821. 

686 


THE  CRIMINAL  CODE  [T.  5,  §  564 

552.  Maintaining  nuisance  a  misdemeanor. — Every  person  who 
maintains  or  commits  an}^  public  nuisance,  the  punishment  for 
which  is  not  otherwise  prescribed,  or  who  willfully  omits  to  perform 
any  legal  duty  relating  to  the  removal  of  a  public  nuisance,  is  guilty 
of  a  misdemeanor. 

ARTICLE  7.— CRIMES  IN  RELATION  TO  ANIMALS 


Sec. 

561.  Killing  of  person  by  vicious  animal. 

562.  Injury    to    human    being    by    vicious 

animal. 

563.  Offenses   by    owners   of   diseased   ani- 

mals,  in   general. 

564.  Sale  of  animal  having  contagious  or 

infectious  disease. 


Sec. 

565.  Destruction    of    animals    having    con- 

tagious or  infectious  disease. 

566.  Bringing    in     animals    and     violating 

quarantine. 

567.  Receiving    or    transporting   animal    in 

violation  of  quarantine. 


561.  Killing  of  person  by  vicious  animal. — If  the  owner  of  a 
ferocious,  vicious  or  mischievous  animal,  knowing  its  propensities, 
willfully  suffers  it  to  go  at  large,  or  keeps  it  without  ordinary  care, 
and  such  animal,  while  so  at  large,  or  while  not  kept  with  ordinary 
care,  kills  any  human  being  who  has  taken  all  the  precautions  which 
the  circumstances  permitted,  or  which  a  reasonable  person  would 
ordinarily  take  in  the  same  situation,  such  owner  is  guilty  of  a 
felony.     (Feb.  21,  1933,  ch.  109,  sec.  74  [270],  47  Stat.  871.) 

Cbo8s-Re:febence8 

Keeping  and  impounding  of  domestic  animals,  see  title  2,  sections  201  and 
202. 

Cruelty  to  animals,  see  section  810  of  this  title. 

562.  Injury  to  human  being  by  vicious  animal. — ^If  the  owner 
of  a  ferocious,  vicious  or  mischievous  animal,  knowing  its  propen- 
sities, willfully  suffers  it  to  go  at  large,  or  keeps  it  without  ordinary 
care,  and  such  animal,  while  so  at  large,  or  while  not  kept  with  ordi- 
nary care,  attacks,  bites  or  maims  any  human  being  who  has  taken 
all  the  precautions  which  the  circumstances  permitted,  or  which  a 
reasonable  person  would  ordinarily  take  in  the  same  situation,  such 
owner  is  punishable  by  imprisonment  in  jail  for  not  more  than  one 
year,  or  bv  a  fine  of  not  more  than  $500,  or  by  both.  (Feb.  21,  1933, 
ch.  109,  sec.  75  [270a],  47  Stat.  871.) 

563.  Offenses  by  owners  of  diseased  animals,  in  general. — Every 
person  owning  or  having  the  custody  of  any  cattle,  horses,  mules  or 
asses  infected  with  a  contagious  disease,  who : 

a.  Fails  to  report  the  same  immediately  to  the  health  authorities ; 

b.  Conceals  the  existence  of  such  disease  or  attempts  so  to  do; 

c.  Willfully  obstructs  or  resists  the  health  authorities  in  the  dis- 
charge of  their  duty  as  provided  by  law ;  or 

d.  Sells,  gives  away  or  uses  the  meat  or  milk,  or  removes  the  skin 
or  any  part  of  the  animal ; 

Is  punishable  by  a  fine  of  not  more  than  $300,  or  by  imprisonment 
in  jail  for  not  more  than  one  year,  or  by  both. 

564.  Sale  of  animal  having  contagious  or  infectious  disease. — 

Any  person  who  shall  knowingly  sell,  offer  for  sale,  or  use,  or 
expose,  or  who  shall  cause  or  procure  to  be  sold  or  offered  for  sale 
or  used,  or  exposed,  any  horse,  mule  or  other  animal  having  the  dis- 

687 


T.  5,  §  565] 


THE  CRIMINAL  CODE 


ease  known  as  glanders,  or  any  other  contagious  or  infectious  disease, 
shall  be  guilty  of  a  misdemeanor. 

565.  Destruction  of  animals  having  contagious  or  infectious 
disease. — Every  animal  having  glanders  or  any  other  contagious  or 
infectious  disease  shall  at  once  be  deprived  of  life  by  the  owner  or 
person  having  charge  thereof,  upon  discovery  or  knowledge  of  its 
condition;  and  any  such  owner  or  person  omitting  or  refusing  to 
comply  with  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor. 

566.  Bringing  in  animals  and  violating  quarantine. — Every  per- 
son who  brings  into  the  Canal  Zone  any  cattle,  horses,  mules  or  asses, 
after  the  Governor  has  made  proclamation  holding  such  animals  in 
quarantine,  for  the  purpose  of  inspection  for  contagious  or  infectious 
diseases,  and  who: 

a.  Allows  the  same  or  any  of  them  to  leave  the  place  of  their  first 
arrival  in  the  Canal  Zone  before  they  have  been  examined  by  the 
health  department  and  a  certificate  has  been  obtained  therefrom  that 
such  animals  are  free  from  disease ;  or 

b.  Permits  any  such  animals  to  run  at  large  or  to  be  removed  or 
to  escape  before  such  certificate  has  been  received ; 

Is  punishable  by  a  fine  of  not  more  than  $500.  (Feb.  21,  1933, 
ch.  109,  sec.  76  [276],  47  Stat.  871.) 

567.  Receiving  or  transporting  animal  in  violation  of  quaran- 
tine.— Every  person  who,  after  the  publication  of  such  proclama- 
tion, knowingly  receives  or  transports  within  the  limits  of  the  Canal 
Zone  any  animal  mentioned  in  the  next  preceding  section  before  the 
certificate  mentioned  therein  has  been  given,  is  punishable  by  a  fine 
of  not  more  than  $2  000. 

ARTICLE  8.— CRIMES  IN  RELATION  TO  FIRES 


Rec. 

571.  Setting  on  Are  grasses  or  shrubbery. 


Sec. 

572.   Resistance    to    fireman    extinguisliing 
fire  in  building. 


571.  Setting  on  fire  grasses  or  shrubbery. — Every  person  who 
willfully  or  negligently  sets  on  fire,  or  causes  or  procures  to  be  set  on 
fire,  any  grasses  or  shrubbery  on  any  lands,  is  guilty  of  a 
misdemeanor. 

Cross-Reference 
Arson,  see  sections  G41  to  644  of  this  title. 

572.  Resistance    to    fireman    extinguishing    fire    in   building. — 

Every  person  who,  at  the  burning  of  a  building,  disobeys  the  lawful 
orders  of  any  public  officer  or  fireman,  or  offers  any  resistance  to  or 
interference  with  the  lawful  efforts  of  any  fireman  or  company  of 
firemen  to  extinguish  the  same,  or  engages  in  any  disorderly  conduct 
calculated  to  prevent  the  same  from  being  extinguished,  or  who  for- 
bids, prevents  or  dissuades  others  from  assisting  to  extinguish  the 
same,  is  guilty  of  a  misdemeanor. 

Cross-Refeirencb 

Interference  with  fire  hose,  water  mains,  fire  hydrants,  etc.,  see  section  836 
of  this  title. 


688 


THE  CRIMINAL  CODE 


[T.  5,  §  595 


CHAPTER    12.— CRIMES    AGAINST    THE    PUBLIC    PEACE 


Sec. 

591.  President  may  make  rules  and   regu- 

lations. 

592.  Violation  of  such  regulations. 

593.  Disturbance     of     religious     or     other 

meetings. 

594.  Riot  defined. 

595.  Punishment    of   riot. 

596.  Rout  defined. 

597.  Unlawful  assembly  defined. 

598.  Punishment    of    rout    or   unlawful    as- 

sembly. 

599.  Remaining   at   place    of    riot,    rout   or 

unlawful   assembly. 

600.  Public    or   police   officer   neglecting   to 

disperse  rioters. 

601.  Refusal  to  disperse  upon  lawful  com- 

mand. 


Sec. 

G02.  Disturbing  the  peace. 

603.  Vagrants,   beggars,   loiters   and   intoxi- 

cated   persons  ;    disorderly    conduct ; 
breach  of  peace. 

604.  Drawing  deadly  weapon   in   threaten- 

ing manner. 

605.  Forcibly    entering    upon    or   detaining 

real  property. 

606.  Prize  fighting  prohibited  ;  authority  to 

regulate  boxing  exhibitions. 

607.  Spectators  at  prize  fights. 

608.  Cocic  fights,  dog  fights  and  bull  fights 

prohibited. 

609.  Registration  of  guests  in  hotel,  board- 

ing or  lodging  house. 


Section   591.  President   may   make   rules  and  regulations. — It 

shall  be  unlawful  to  commit  any  breach  of  the  peace  or  engage  in  or 
permit  any  disorderly  conduct  in  the  Canal  Zone.  The  President  is 
authorized  to  enforce  this  provision  by  making  rules  and  regulations 
to  assert  and  exercise  the  police  power  in  the  Canal  Zone,  or  for 
any  portion  or  division  thereof,  and  he  may  amend  or  change  any 
such  regulation.  (Aug.  21,  1916,  ch.  371,  sec.  4,  39  Stat.  528  [U.S. 
Code,  title  48,  sec.  1313].) 

Ceoss-Res'erbnoes 


Carrying  and  keeping  of  arms,  see  sections  871  to  876  of  this  title. 
Disorderly  conduct  or  breach  of  peace,   see   also  sections   002  and  603 
this  title. 

Security  to  keep  the  peace,  see  title  6,  sections  41  to  53. 


of 


592.  Violation  of  such  regulations. — Any  person  who  violates 
any  of  the  police  regulations  authorized  under  the  next  preceding 
section,  shall  be  punished  by  a  fine  of  not  more  than  $25,  or  by 
imprisonment  in  jail  for  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment.  (Aug.  21,  1916,  ch.  371,  sec.  5,  39  Stat.  528 
[U.S.  Code,  title  48,  sec.  1314].) 

593.  Disturbance  of  religious  or  other  meetings. — Every  person 
who: 

a.  Willfully  disturbs  or  disquiets  any  assemblage  of  people  met 
for  religious  worship,  or  any  other  purpose  not  unlawful  in  char- 
acter, by  noise,  profane  discourse,  rude  or  indecent  behavior,  or  by 
any  unnecessary  noise,  either  within  the  place  where  the  meeting 
is  held  or  so  near  as  to  disturb  the  order  and  solemnity  of  the 
meeting;  or 

b.  Without  authority  of  law,  willfully  disturbs  or  breaks  up  any 
assembly  or  meeting  not  unlawful  in  its  character; 

Is  guilty  of  a  misdemeanor. 

594.  Riot  defined. — Any  use  of  force  or  violence  disturbing  the 
public  peace,  or  any  threat  to  use  such  force  or  violence,  if  accom- 
panied by  immediate  power  of  execution  by  two  or  more  persons 
acting  together,  and  without  authority  of  law,  is  a  riot. 

595.  Punishment  of  riot. — Every  person  who  participates  in  any 
riot  is  punishable  b}^  imprisonment  in  the  penitentiary  for  not  more 


T.  5,  §  596]  THE  CRIMINAL  CODE 

than  two  years,  or  by  a  fine  of  not  more  than  $2,000,  or  by  both. 
(Feb.  21, 1933,  ch.  109,  sec.  78  [282],  47  Stat.  871.) 

596.  Rout  defined. — Whenever  two  or  more  persons,  assembled 
and  acting  together,  make  any  atttempt  or  advance  toward  the  com- 
mission of  an  act  which  would  be  a  riot  if  actually  committed,  such 
assembly  is  a  rout.  (Feb.  21,  1933,  ch.  109,  sec.  79  [283],  47  Stat. 
871.) 

597.  Unlawful  assembly  defined. — Whenever  two  or  more  per- 
sons assemble  together  to  do  an  unlawful  act  and  separate  without 
dlDing  or  advancing  toward  it,  or  do  a  lawful  act  in  violent,  boisterous 
or  tumultuous  manner,  such  assembly  is  an  unlawful  assembly. 

598.  Punishment  of  rout  or  unlawful  assembly. — Every  person 
who  participates  in  anv  rout  or  unlawful  assembly  is  guilty  of  a 
misdemeanor.     (Feb.  21, 1933,  ch.  109,  sec.  80  [285],  47  Stat.  872.) 

599.  Remaining  at  place  of  riot,  rout  or  unlawful  assembly. — 

Every  person  remaining  present  at  the  place  of  any  riot,  rout  or 
unlawful  assembly,  after  the  same  has  been  lawfully  warned  to  dis- 
perse, except  public  officers  and  persons  assisting  them  in  attempting 
to  disperse  the  same,  is  guiltv  of  a  misdemeanor.  (Feb.  21,  1933, 
ch.  109,  sec.  81  [286],  47  Stat. '872.) 

600.  Public  or  police  officer  neglecting  to  disperse  rioters. — If  a 

public  or  police  officer  having  notice  of  an  unlawful  or  riotous 
assembly,  mentioned  in  this  chapter,  neglects  to  proceed  to  the  place 
of  assembly  or  as  near  thereto  as  he  can  with  safety,  and  to  exercise 
the  authority  with  which  he  is  invested  for  suppressing  the  same 
and  arresting  the  offenders,  he  is  guilty  of  a  misdemeanor. 

601.  Refusal  to  disperse  upon  lawful  command. — If  two  or  more 

persons  assemble  for  the  purpose  of  disturbing  the  public  peace  or 
committing  any  unlawful  act,  and  do  not  disperse  on  being  desired 
or  commanded  so  to  do  by  a  public  officer,  the  persons  so  offending 
are  severally  guilty  of  a  misdemeanor. 

602.  Disturbing  the  peace. — Every  person  who: 

a.  Maliciously  and  willfully  disturbs  the  peace  or  quiet  of  any 
neighborhood  or  person  by  loud  or  unusual  noise,  or  by  tumultuous 
or  offensive  conduct,  or  threatening,  traducing,  quarreling,  challeng- 
ing to  fight  or  fighting ;  or 

b.  Upon  the  public  streets  or  highways,  fires  any  gun  or  pistol, 
or  uses  any  vulgar,  profane  or  indecent  language  within  the  presenee 
or  hearing  of  women  or  children  in  a  loud  and  boisterous  manner ; 

Is  guilty  of  a  misdemeanor. 

603.  Vagrants,  beggars,  loiterers  and  intoxicated  persons;  dis- 
orderly conduct;  breach  of  peace. — Every  vagrant  or  person  found 
within  the  Canal  Zone  without  legitimate  business  or  visible  means 
of  support; 

b.  Every  mendicant  or  habitual  beggar  found  within  the  Canal 
Zone; 

c.  Every  person  found  within  or  loitering  about  any  laborers' 
'jamp,  mess  house,  quarters  or  other  Panama  Canal  buildmg,  or  any 
railroad  car  or  station  or  other  building  of  the  Panama  Railroad 

690 


THE  CRIMINAL  CODE  [T.  5,  §  607 

Company,  or  any  dwelling  or  other  building  owned  by  any  private 
person,  partnership  or  corporation,  without  due  and  proper  authority 
and  permission  so  to  be ;  or  peddling  goods  or  merchandise  about  any 
laborers'  camp  or  mess  house  during  hours  when  laborers  are  ordi- 
narily employed  at  work,  or  in  or  about  places  where  groups  of  men 
are  at  work; 

d.  Every  person  found  in  any  public  place  in  such  a  state  of  in- 
toxication as  to  disturb  others,  or  unable,  by  reason  of  his  condition, 
to  care  for  his  own  safety  or  of  the  safety  or  others;  and 

e.  Every  person  who  shall,  in  the  Canal  Zone,  engage  in  any  kind 
of  disorderly  conduct  or  breach  or  disturbance  of  the  peace; 

Shall  be  punished  by  a  fine  of  not  more  than  $25,  or  by  imprison- 
ment in  jail  for  not  more  than  thirty  days,  or  by  both.  (Feb.  21, 
1933,  ch.  109,  sec.  82  [293a],  47  Stat.  872.) 

Cross-References 

Intoxication  as  a  defense  to  criminal  charge,  see  section  58  of  this  title. 
Driving  motor  vehicle  while  intoxicated,  see  sections  512  and  513  of  this  title. 
Act  of  intoxicated  phj'sician  endangering  life,  see  section  372  of  this  title. 

604.  Drawing  deadly  weapon  in  threatening  manner. — Every 

person  who,  not  in  necessary  self-defense,  in  the  presence  of  two  or 
more  persons,  draws  or  exhibits  any  deadly  weapon  in  a  rude,  angry 
and  threatening  manner,  is  guilty  of  a  misdemeanor. 

CKOSa-REFEEEN  CE 

Carrying  and  keeping  of  arms,  see  sections  871  to  876  of  this  title. 

605.  Forcibly  entering  upon  or  detaining  real  property. — Every 
person  using  or  procuring,  encouraging  or  assisting  another  to  use 
any  force  or  violence  in  entering  upon  or  detaining  any  lands  or 
other  real  property,  public  or  private,  except  in  the  cases  and  in 
the  manner  allowed  by  law,  is  guilty  of  a  misdemeanor. 

606.  Prize  fighting  prohibited;  authority  to  regulate  boxing 
exhibitions. — A  person  who: 

a.  Engages  in,  instigates,  aids,  encourages  or  does  any  act  to 
further  a  fight  commonly  called  a  ring  or  prize  fight ; 

b.  Engages  in  a  public  or  private  sparring  exhibition,  with  or 
without  gloves,  within  the  Canal  Zone ; 

c.  Sends  or  publishes  a  challenge  or  acceptance  of  a  challenge  for 
such  an  exhibition  or  fight ;  or 

d.  Trains  or  assists  any  person  in  training  or  preparing  for  such 
an  exhibition  or  fight; 

Shall  be  imprisoned  in  the  penitentiary  for  not  more  than  three 
years,  or  be  fined  not  more  than  $5,000,  or  both ;  except  that  the  pro- 
visions of  this  section  shall  not  apply  to  voluntary  boxing  or  spar- 
ring exhibitions  conducted  under  rules  and  regulations  to  be  pro- 
mulgated by  the  President  or  by  the  Governor  of  the  Panama  Canal 
by  authority  of  the  President.  (Sept.  21,  1922,  ch.  370,  sec.  4  [288], 
42  Stat.  1007.) 

607.  Spectators  at  prize  fights.-r-Every  person  willfully  present 
as  a  spectator  at  any  exhibition  or  fight  prohibited  by  the  next  pre- 
ceding section  is  guilty  of  a  misdemeanor.  (Sept.  21,  1922,  ch.  370, 
sec.  5^289],  42  Stat.  1007.) 

691 


T.  5,  §  608] 


THE  CRIMINAL  CODE 


608.  Cock  fights,  dog  fights  and  bull  fights  prohibited. — Any 

person  who : 

a.  Sets  on  foot,  instigates,  promotes  or  carries  on  any  fight  between 
cocks  or  other  birds,  or  any  dog  fight,  bull  fight,  or  fight  between 
other  animals ;  or 

b.  Does  any  act  as  assistant,  umpire  or  principal  in  furtherance 
of  any  fight  between  any  such  animals ; 

Shall  be  punished  by  a  fine  of  not  more  than  $50,  or  by  imprison- 
ment in  jail  for  not  more  than  thirty  da3^s,  or  by  both.  (July  2,  1932, 
ch.  391,  47  Stat.  568.) 

609.  Registration  of  guests  in  hotel,  boarding  or  lodging 
house. — Every  proprietor  or  manager  of  any  hotel,  boarding  or 
lodging  house  in  the  Canal  Zone  shall  keep  a  register  of  all  guests, 
which  shall  clearly  show  the  name,  nationality  and  date  of  arrival  of 
each  guest,  the  place  from  whence  he  came  and  the  date  of  his 
departure  and  destination.  Any  proprietor  or  manager  failing  to 
keep  such  register,  or  any  guest  failing  or  refusing  to  give  true 
information  for  entry  in  such  register,  shall  be  guilty  of  a  misde- 
meanor. 

Cross-Refekeince 

Keeping  an  inn  in  disorderly  manner,  see  section  456  of  tliis  title. 

CHAPTER    13.— CRIMES   AGAINST   THE    REVENUE    OF    THE    CANAL 

ZONE 


Sec. 
021. 
622. 

G23. 

G24. 


"  Public  moneys  "  defined. 

Offenses  by  persons  charged  with  re- 
ceipt and  disbursement  of  public 
moneys. 

Offenses  by  Canal  and  Railroad  em- 
ployees who  collect  or  receive  pub- 
lic  moneys. 

Officers  neglecting  to  pay  over  public 
moneys. 


Sec. 

G25.  Failure   to   pay   over  fines  and   forfei- 
tures received. 

626.  Failure   to  give   proper   tax   or   license 

receipts. 

627.  Possession  of  improper  blank  licenses 

or  tax  receipts. 


Section  621.  "Public  moneys"  defined. — The  words  "public 
moneys,"  as  used  in  sections  622  to  624  of  this  title,  include  all  bonds, 
evidences  of  indebtedness  and  moneys  belonging  to  the  United  States, 
the  Government  of  the  Canal  Zone,  the  Panama  Canal,  or  the  Panama 
liailroad  Company,  and  all  moneys,  bonds  and  evidences  of  indebt- 
edness received  or  held  by  Canal  Zone  or  Panama  Railroad  officers  or 
employees  in  their  official  capacity.  (Feb.  21,  1933,  ch,  109,  sec.  84 
[297],  47  Stat.  873.) 

622.  Offenses  by  persons  charged  with  receipt  and  disbursement 
of  public  moneys. — Any  officer  of  the  Government  of  the  Canal 
Zone  and  any  person  charged  with  the  receipt,  safekeeping,  transfer 
or  disbursement  of  public  moneys  who  either: 

a.  Without  autliority  of  law  appropriates  the  same  or  any  portion 
thereof  to  his  own  use  or  to  the  use  of  another; 

b.  Loans  the  same  or  any  portion  thereof,  or  makes  a  profit  out 
of,  or  uses  the  same  for  any  purpose  not  authorized  by  law; 

c.  Fails  to  keep  the  same  in  his  possession  until  disbursed  or  paid 
out  by  authority  of  law; 

d.  Unlawfully  deposits  the  same  or  any  portion  thereof  in  any 
bank  or  with  any  banker  or  other  person ; 


682 


THE  CRIMIN/.L  CODE  [T.  5,  §  623 

e.  Changes  or  converts  any  portion  thereof  from  coin  into  currency, 
or  from  currency  into  coin  or  other  currency,  without  authority  of 
law; 

f.  Knowingly  keeps  any  false  account,  or  makes  any  false  entry 
or  erasure  in  any  account  of  or  relating  to  the  same ; 

g.  Fraudulently  alters,  falsifies,  conceals,  destroys  or  obliterates 
any  account,  or  documents  relating  thereto; 

h.  Willfully  refuses  or  omits  to  pay  over,  on  demand,  any  public 
moneys  in  his  hands,  upon  the  presentation  of  a  draft,  order  or  war- 
I'ant  drawn  upon  such  moneys  by  competent  authority ; 

i.  Willfully  omits  to  transfer  the  same  when  such  transfer  is  re- 
quired by  law;  or 

j.  Willfully  omits  or  refuses  to  pay  over  to  any  officer  or  person 
authorized  by  law  to  receive  the  same,  any  money  received  by  him 
under  any  duty  imposed  by  law  so  to  pay  over  the  same; 

Is  punishable  by  imprisonment  in  the  penitentiary  for  not  more 
than  ten  j^ear^and  is  disqualified  from  holding  any  office  in  the 
Canal  Zone.    "(T^b.  21,  1933,  ch.  109,  sec.  82a  [294],  47  Stat.  872.) 

623.  Offenses  by  Canal  and  Railroad  employees  who  collect  or 
receive  public  moneys. — Any  employee  of  the  United  States,  the 
Panama  Canal  or  the  Panama  Railroad  Company,  who  collects  or 
I'eceives  public  monej^s,  and  who : 

a.  Fails  fully  and  promptly  to  account  for  any  and  all  public 
funds,  fines,  internal  revenue  stamps,  licenses,  receipts,  books,  docu- 
ments, records,  papers  or  any  other  form  of  public  property ; 

b.  Is  guilty  of  any  extortion  or  willful  oppression  under  color  of 
law; 

c.  Knowingly  demands  other  or  greater  sums  than  are  authorized 
by  law,  or  receives  any  fee,  compensation  or  reward  except  as  herein 
provided  for  the  performance  of  any  duty ; 

d.  Willfully  neglects  to  perform  any  of  the  duties  enjoined  upon 
him  by  law; 

e.  Conspires  or  colludes  with  any  person  to  defraud  the  public 
revenues ; 

f .  Makes  opportunities  for  any  person  to  defraud  the  public  reve- 
nues; 

g.  Does  or  omits  to  do  any  act  with  intent  to  enable  any  other  per- 
son to  de%aud  the  public  revenues ; 

h.  Negligently  or  designedly  permits  any  violation  of  the  law  by 
any  person; 

i.  Makes  or  signs  any  false  entry  in  any  book,  or  makes  or  signs 
any  false  certificate  or  return  in  any  case  where  he  is  required  by 
law  to  make  any  entry,  certificate  or  return ; 

j.  Having  knowledge  or  information  of  the  violation  of  any  provi- 
sion of  the  law  respecting  public  revenues  by  any  person,  or  of  fraud 
committed  by  any  person  against  the  public  revenues,  fails  to  report 
such  violation  or  fraud  in  writing  to  the  designated  authority; 

k.  Demands,  accepts  or  attempts  to  collect,  directly  or  indirectly, 
as  payment,  gift  or  otherwise,  any  sum  of  money  or  other  thing  of 
value  for  the  c(j«npromise,  adjustment  or  settlement  of  any  charge 
or  complaint  for  any  violation  or  alleged  violation  of  the  law  respect- 
ing public  revenues ;  or 

693 


T.  5,  §  624] 


THE  CRIAIINAL  CODE 


1.  Divulges  or  makes  known  to  any  person,  in  any  manner  what- 
soever not  provided  by  law,  the  accounts,  condition  of  business  affairs 
or  manner  of  conducting  the  same  of  any  person,  association  or  cor- 
poration whose  books,  accounts  and  business  operations  may  have 
been  investigated  in  the  discharge  of  his  duties ; 

Shall  be  imprisoned  in  the  penitentiary  for  not  more  than  five 
years,  or  be  fined  not  more  than  $2,000,  or  both,  and  shall  be  dis- 
missed from  office.  For  the  purpose  of  this  section,  all  funds, 
moneys  and  properties  of  the  Panama  Railroad  Company  shall  be 
deemed  public  funds.  (Feb.  21,  1933,  ch.  109,  sec.  83  [295],  47  Stat. 
872.) 

624.  Officers  neglecting  to  pay  over  public  moneys. — Every  offi- 
cer charged  with  the  receipt,  safekeeping  or  disbursement  of  public 
moneys,  who  neglects  or  fails  to  keep  and  pay  over  the  same  in  the 
manner  prescribed  by  law,  is  guilty  of  a  felony, 

625.  Failure  to  pay  over  fines  and  forfeitures  received. — Any 

clerk,  marshal  or  other  officer  who  receives  any  fine  or  forfeiture  or 
other  moneys  and  who  refuses  or  neglects  to  pay  over  the  same  ac- 
cording to  law,  and  within  thirty  days  after  the  receipt  thereof,  is 
punishable  by  imprisonment  in  jail  for  not  more  than  six  months, 
or  by  a  fine  of  not  more  than  $500,  or  by  both.  (Feb.  21,  1933, 
ch.  109,  sec.  85  [298],  47  Stat.  873.) 

626.  Failure  to  give  proper  tax  or  license  receipts. — Every  per- 
son who: 

a.  Uses  or  gives  any  receipt,  except  that  prescribed  by  law.  as 
evidence  of  payment  of  any  tax  or  license  of  any  kind ; 

b.  Receives  payment  of  such  tax  or  license  without  delivering  the 
receipt  prescribed  by  law;  or 

c.  Inserts  the  name  of  more  than  one  licensee  therein ; 
Is  guilty  of  a  misdemeanor. 

627.  Possession  of  improper  blank  licenses  or  tax  receipts. — 

Every  person  who  has  in  his  possession,  with  intent  to  circulate 
or  sell,  any  blank  licenses  or  tax  receipts  other  than  those  furnished 
by  the  proper  authority,  is  guilty  of  a  felony. 


CHAPTER  14.— CRIMES  AGAINST  PROPERTY 


Art.  Sec. 

1.  Arson 641 

2.  Burglary  and  possession  of  bur- 

glarious   instruments 651 

3.  Embezzlement 661 

4.  Extortion 681 

5.  False  personation  ;  other  frauds 

in    general 601 

6.  False  weights  and  measures 711 

7.  Forgery    and   counterfeiting  and 

related   offenses 721 


Art. 

8.  Fraudulent  insolvencies  by   cor- 

porations, and  other  frauds  in 
tlieir   management 

9.  Larceny  and  rel.ited  offenses 

10.  Malicious  mi.schicf,  in  general 

11.  Malicious   and   other   injuries   to 

Panama  Canal  and  other  pub- 
lic or  semi-public   property 

12.  Offenses    against    the    telegraph, 

telephone,  or  cable  service 


Sec. 


751 
771 

801 


821 
851 


ARTICLE  1.— ARSON 


Sec. 

641.  Arson  defined. 

642.  Various  terms  defined. 


Sec. 

643.  Degrees   of   arson. 

644.  I'unishment  of  arson. 


Section  641.  Arson  defined. — Arson  is  the  willful  and  malicious 


burning  of  a  building  with  intent  to  destroy  it. 
109,  sec.  88  [306],  47  Stat.  873.) 


(Feb.  21,  1933,  ch. 


6M 


THE  CRIMINAL  CODE 


[T.  5,  §  653 


Cross-Refer  EN  CES 

Burning  bridges,  see  section  823  of  this  title. 

Burning  building  or  vessel  not  the  subject  of  arson,  see  section  803  of  this 
title. 

Conspiracy  to  commit  arson,  overt  act  not  necessary,  see  section  82  of  this 
title. 

Firing  grass,  see  section  571  of  this  title. 

Fraudulent  destruction  of  property  insured,  see  section  705  of  this  title. 

Interference  with  firemen,  see  section  572  of  this  title. 

642.  Various  terms  defined. — As  used  in  this  article: 

a.  "Building"  means  and  includes  any  house,  edifice,  structure, 
vessel  or  other  erection  capable  of  affording  shelter  for  human  beings 
or  appurtenant  to  or  connected  with  an  erection  so  adapted. 

b.  "  Burning  "  means  the  application  of  fire  so  as  to  take  effect 
upon  any  part  of  the  substance  of  the  building.  T'o  constitute  a  burn- 
ing it  is  not  necessary  that  the  building  set  on  fire  shall  have  been 
destroyed. 

c.  "  Inhabited  building  "  means  any  building  which  has  usually 
been  occupied  by  any  person  lodging  therein  at  night. 

d.  "  Nighttime  "  means  the  period  between  sunset  and  sunrise. 

643.  Degrees  of  arson. — Arson  is  divided  into  two  degrees.  Arson 
in  the  first  degree  is  the  malicious  burning  in  the  nighttime  of  an 
inhabited  building  in  which  there  is  at  the  time  some  human  being. 
All  other  kinds  of  arson  are  of  the  second  degree. 

644.  Punishment  of  arson. — Arson  is  punishable  by  imprisonment 

in  the  penitentiary  as  follows : 

a.  Arson  in  the  first  degree,  for  not  less  than  ten  years ;  and 

b.  Arson  in  the  second  degree,  for  not  more  than  ten  years. 

ARTICLE    2.— BURGLARY    AND     POSSESSION     OF    BURGLARIOUS 

INSTRUMENTS 


Sec. 

654.  Punishment  for  burglary. 
G55.  Possessing  or  making  burglarious   in- 
struments. 


Sec. 

651.  Burglary   defined. 

652.  Burglary  in  first  degree ;  burglary  in 

second    degree. 

653.  "  Nighttime  "  defined. 

651.  Burglary   defined. — Every   person   who    enters    any   house, 

room,  apartment,  tenement,  shop,  warehouse,  store,  barn,  stable,  out- 
house or  other  building,  tent,  vessel  or  car,  with  intent  to  commit 
grand  or  petit  larceny,  or  any  felony,  is  guilty  of  burglary. 

Cboss-Referenoes 

Larceny,  see  sections  771  to  789  of  this  title. 
Robbery,  see  sections  291  to  294  of  this  title. 

Conspiracy  to  commit  burglary,  overt  act  not  necessary,  see  section  82  of 
this  title. 

652.  Burglary  in  first  degree;   burglary  in  second  degree. — 

Every  burglary  committed  in  the  nighttime  is  burglary  in  the  first 
degree,  and  every  burglary  committed  in  the  daytime  is  burglary  in 
the  second  degree. 

653.  "  Nighttime  "  defined.— The  word  "  nighttime  "  as  used  in 
this  article  means  the  period  between  sunset  and  sunrise. 


695 


T.  5,  §  654] 


THE  CRIMINAL  CODE 


654.  Punishment  for  burglary. — Burglary  in  the  first  degree  is 
punishable  bj^  imprisonment  in  the  penitentiary  for  not  more  than 
fifteen  years.  Burglary  in  the  second  degree  is  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  five  years. 

655.  Possessing  or  making  burglarious  instruments. — Every 
person  who: 

a.  Has  upon  him  or  in  his  possession  a  picklock,  crow,  key,  bit  or 
other  instrument  or  tool  with  intent  feloniously  to  break  or  enter 
into  any  building; 

b.  Knowingly  makes  or  alters  any  key  or  other  instrument  above 
named,  so  that  the  same  will  fit  or  open  the  lock  of  a  building,  with- 
out being  requested  so  to  do  by  some  person  having  the  right  to  open 
the  same ;  or 

c.  Makes,  alters  or  repairs  any  instrument  or  thing,  knowing  or 
having  reason  to  believe  that  it  is  intended  to  be  used  in  committing 
a  misdemeanor  or  felony; 

Is  guilty  of  a  misdemeanor.  Any  of  the  structures  mentioned  in 
section  651  of  this  title  shall  be  deemed  to  be  a  building  within  the 
meaning  of  this  section. 

ARTICLE  3.— EMBEZZLEMENT 


Sec. 

661.  Embezzlement   defined. 

662.  Embezzlement    by    officers    or   persons 

generally. 

663.  Embezzlement    by    various    classes    of 

fiduciaries. 

664.  Embezzlement  by  carriers  or  others. 

665.  Embezzlement   by   bailee   or   tenant. 

666.  Embezzlement  by  clerk,  agent  or  serv- 

ant. 


Sec. 

667.  Evidence    of   debt    as    subject    of  em- 

bezzlement. 

668.  Cla4m  of  title  as  defense. 

669.  Intent  to  restore  property  as  defense. 

670.  Actual  restoration  as  ground  for  miti- 

gation of  punishment. 

671.  Punishment  of  embezElement. 


661.  Embezzlement    defined. — Embezzlement    is   the    fraudulent 

appropriation  of  propert3^  by  a  person  to  whom  it  has  been  intrusjted. 

CrOSS-ReFEREjNCES 

Bringing  embezzled  property  into  Zone,  see  sections  56  and  788  of  this  title. 
Disposal  of  embezzled  property  which  is  recovered,  see  title  6,  sections  82] 
to  827. 
Informations  for  embezzlement,  see  title  6,  section  20-4. 
Proof  of  embezzlement,  see  title  6,  section  381. 

662.  Embezzlement  by  officers  or  persons  generally. — Every  offi- 
cer of  the  Government  of  the  Canal  Zone,  or  deputy,  clerk  or  servant 
of  such  officer,  and  every  officer,  director,  trustee,  clerk,  servant, 
attorney  or  agent  of  any  association,  society  or  corporation,  public  or 
private,  and  every  other  person,  who  fraudulently  appropriates  to 
any  use  or  purpose  not  in  the  due  and  lawful  execution  of  his  trust, 
any  property  which  he  has  in  his  possession  or  under  his  control  by 
virtue  of  his  trust,  or  secretes  it  with  a  fraudulent  intent  to  apj^ro- 
priate  it  to  such  use  or  purpose,  is  guilty  of  embezzlement.  (Feb.  21. 
1933,  ch.  109,  sec.  99  [359],  47  Stat.  876.) 

663.  Embezzlement   by   various  classes   of   fiduciaries. — Every 

trustee,  banker,  merchant,  broker,  attorney,  agent,  assignee  in  trust, 
executor,  administrator,  collector  or  person  otherwise  intrusted  with 
or  having  in  his  control  property  for  the  use  of  any  other  person 


606 


THE  CRIMINAL  CODE  [T.  5,  §  670 

who  fraudulently  apjiropriates  it  to  any  use  or  purpose  not  in  the 
due  and  lawful  execution  of  his  trust,  or  secretes  it  with  a  fraudu- 
lent intent  to  appropriate  it  to  such  use  or  purpose,  is  guilty  of 
embezzlement. 

664.  Embezzlement  by  carriers  or  others. — Every  carrier  or 
other  person  having  under  his  control  personal  property  for  the 
purpose  of  transportation  for  hire,  who  fraudulently  appropriates 
it  to  any  use  or  purpose  inconsistent  with  the  safe-keeping  of  the 
property  and  its  transportation  according  to  his  trust,  is  guilty  of 
embezzlement,  whether  he  has  broken  the  package  in  which  the 
property  is  contained  or  has  otherwise  separated  the  items  thereof 
or  not. 

665.  Embezzlement  by  bailee  or  tenant. — Every  person  entrusted 

with  any  property  as  bailee,  tenant  or  lodger,  or  with  any  power  of 
attorney  for  the  sale  or  transfer  thereof,  who  fraudulently  converts 
the  same  or  the  proceeds  thereof  to  his  ow^n  use  or  secretes  it  or  them 
with  a  fraudulent  intent  to  convert  to  his  own  use,  is  guilty  of 
embezzlement. 

666.  Embezzlement  by  clerk,  agent  or  servant. — Every  clerk, 
agent  or  servant  of  anj^  person  wdio  fraudulently  appropriates  to 
his  own  use,  or  secretes  with  a  fraudulent  intent  to  appropriate  to 
his  own  use,  a.nj  property  of  another  which  has  come  into  his  control 
or  care  by  virtue  of  his  employment  as  such  clerk,  agent  or  servant, 
is  guilty  of  embezzlement. 

667.  Evidence  of  debt  as  subject  of  embezzlement. — Any  evi- 
dence of  debt,  negotiable  by  delivery  only,  and  actually  executed, 
may  be  the  subject  of  embezzlement,  whether  it  has  been  delivered 
or  issued  as  a  valid  instrument  or  not.  Where  the  property  em- 
bezzled is  in  evidence  of  debt  or  right  of  action,  the  sum  due  upon 
it  or  evidenced  to  be  paid  by  it  shall  be  taken  as  its  true  value. 
(Sept.  21, 1922,  ch.  370,  sec.  7  [368],  42  Stat.  1007.) 

668.  Claim  of  title  as  defense. — Upon  any  information  for  em- 
bezzlement, it  is  a  sufficient  defense  that  the  property  was  appropri- 
ated openly  and  avowedly,  and  under  a  claim  of  title  preferred  in 
good  faith,  even  though  such  claim  is  untenable.  But  this  provision 
does  not  excuse  the  unlawful  retention  of  the  property  of  another 
to  offset  or  pay  demands  held  against  him, 

669.  Intent  to  restore  property  as  defense. — The  fact  that  the 
accused  intended  to  restore  the  property  embezzled  is  no  ground  of 
defense  or  of  mitigation  of  punishment,  if  it  has  not  been  restored 
before  a  complaint  has  been  laid  before  a  magistrate  or  an  information 
has  been  filed  in  the  district  court  charging  the  commission  of  the 
offense.     (Feb.  21,  1933,  ch.  109,  sec.  100  [366],  47  Stat.  876.) 

670.  Actual  restoration  as  ground  for  mitigation  of  punish- 
ment.— Whenever,  prior  to  any  complaint  laid  before  a  magistrate 
or  an  information  filed  in  the  district  court,  charging  the  commis- 
sion of  embezzlement,  the  person  accused  voluntarily  and  actually 
restored  or  tendered  restoration  of  the  property  alleged  to  have  been 
embezzled,  or  any  part  thereof,  such  fact  is  not  a  ground  of  defense, 

93083—34 45  697 


T.5,  §671] 


THE  CRIMINAL  CODE 


but  it  authorizes  the  court  to  mitigate  punishment,  in  its  discretion. 
(Feb.  21,  1933,  ch.  109,  sec.  101  [367],  47  Stat.  876.) 

671.  Punishment  of  embezzlement. — Every  person  guilty  of  em- 
bezzlement is  punishable  in  the  manner  prescribed  for  feloniously 
stealing  property  of  the  value  of  that  embezzled.  (Sept.  21,  1922. 
ch.  370,  sec.  7  [368],  42  Stat.  1007.) 

ARTICLE  4.— EXTORTION 


Sec. 

681.  Extortion  defined. 

682.  What    threats    may    constitute    extor- 

tion. 

683.  Punishment   of  extortion   generally. 

684.  Punishment    of    extortion    committed 

under  color  of  offlcial  right. 

685.  Obtaining     signature     by     means     of 

threats. 


Sec. 

686.  Sending  threatening   letters   with   in- 

tent to  extort  money. 

687.  Attempts  to    extort    money    by    verbal 

threats. 

688.  Overcharges    by    agents    of    common 

carriers. 


681.  Extortion  defined. — Extortion  is  the  obtaining  of  property 
from  another  with  his  consent  induced  by  a  wrongful  use  of  force 
or  fear  or  under  color  of  official  right. 

Cboss-Refeeences 

Extortion  by  executive  or  ministerial  officer,  see  section  9-i  of  this  title. 
Extortion  by  judicial  officer,  see  section  123  of  tliis  title. 
Offer  to  prevent  publication  of  libel  with  intent  to  extort  money,  see  secti(  n 
3G2  of  this  title. 

682.  What  threats  may  constitute  extortion. — Fear  such  as  will 
constitute  extortion  may  be  induced  by  a  threat,  either : 

a.  To  do  an  unlawful  injury  to  the  person  or  property  of  the  indi- 
vidual threatened  or  to  any  relative  of  his  or  member  of  his  family ; 

b.  To  accuse  him  or  any  relative  of  his  or  member  of  his  family 
of  any  crime; 

c.  To  expose  or  impute  to  him  or  them  an}^  deformity  or  dis- 
grace; or 

d.  To  expose  any  secret  affecting  him  or  them. 

683.  Punishment  of  extortion  generally. — Every  person  who  ex- 
torts any  money  or  other  property  from  another,  under  circumstances 
not  amounting  to  robbery,  by  means  of  force,  or  any  tlireat,  such 
as  is  mentioned  in  the  next  preceding  section,  is  punishable  by  im- 
prisonment in  the  penitentiary  for  not  more  than  five  years. 

684.  Punishment  of  extortion  committed  under  color  of  official 
right. — Every  person  who  commits  any  extortion  under  color  of  offi- 
cial right,  in  cases  for  which  a  different  punishment  is  not  piescribetl 
in  this  title,  is  guilty  of  a  misdemeanor. 

CIross-References 

Extortion  by  executive  or  ministerial  officers,  see  section  94  of  this  title. 
Extortion  by  judicial  officer,  see  section  123  of  this  title. 

685.  Obtaining  signature  by  means  of  threats. — Every  person 
who,  by  any  extortionate  means,  obtains  from  another  his  signature 
to  any  paper  or  instrument,  whereby,  if  such  signature  were  freely 
given,  any  property  would  be  transferred,  or  any  debt,  demand, 
charge  or  right  of  action  created,  is  punishable  in  the  same  manner 

698 


THE  CRIMINAL  CODE 


[T.  5,  §  m'l 


as  if  the  actual  delivery  of  property  of  the  value  or  amount  of  such 
debt,  demand,  charge  or  right  of  action  were  obtained, 

686.  Sending  threatening  letters  with  intent  to  extort  money. — 

Every  person  who,  with  intent  to  extort  any  money  or  other  property 
from  another,  sends  or  delivers  to  any  person  any  letter  or  other 
writing,  whether  subscribed  or  not,  expressing  or  implying,  or 
adapted  to  imply,  any  threat  such  as  is  specified  in  section  G82  of 
this  title,  is  punishable  in  the  same  manner  as  if  such  money  or 
propert}^  were  actually  obtained  by  means  of  the  threat. 

687.  Attempts  to  extort  money  by  verbal  threats. — Every  per- 
son who  unsuccessfully  attempts,  by  means  of  any  verbal  threat, 
such  as  is  specified  in  section  G82  of  this  title,  to  extort  money  or 
other  property  from  another,  is  guilty  of  a  misdemeanor. 

688.  Overcharges  by  agents  of  common  carriers. — Every  officer, 
agent  or  employee  of  a  railroad  company  or  other  common  carrier, 
who  asks  or  receives  a  greater  sum  than  is  allowed  by  law  for  the 
carriage  of  passengers  or  freight,  is  guilty  of  a  misdemeanor. 


ARTICLE  5— FALSE  PERSONATION ;  OTHER  FRAUDS  IN  GENERAL 


Sec 
691 


anotber     and     incurrins 


Personating 

liability. 

692.  Marrying  under  false  personation. 
69o.  Receiving    money    or    property    in    a 

false    character. 

694.  Fraudulent  conveyances. 

695.  Obtaining  money  or  property  by  false 

pretenses. 

696.  Selling  property  twice. 

697.  Removal,  sale  or  further  incumbrance 

of  mortgaged  personal  property. 

698.  Married    person    selling    lands    under 

false   representations. 


Sec. 

699.  False  or  fraudulent  sale  of  property  ; 

niocli  auctions. 

700.  False  statements  by  commission  mer- 

chants or  factors. 

701.  Defrauding  inns  or  boarding  houses. 

702.  Defrauding  pledgees. 

703.  Frauds     practiced     to     affect     market 

price  of  property. 

704.  Fraud  in  affairs  of  partnership. 

705.  Injury    to    or    destruction    of   insured 

property. 

706.  Misrepresentation    of    newspaper    cir- 

culation. 


691.  Personating  another  and  incurring  liability. — Every  person 

who    falsely    personates    another    and    in    such    assumed    character 
either : 

a.  Becomes  bail  or  surety  for  any  party  in  any  proceeding  what- 
ever, before  any  court  or  officer  authorized  to  take  such  bail  or  surety ; 

b.  Verifies,  publishes,  acknowledges  or  proves,  in  the  name  of 
another  person,  any  written  instrument,  with  intent  that  the  same 
may  be  recorded,  delivered  and  used  as  true;  or 

c.  Does  any  other  act  whereby,  if  it  were  done  by  the  person  falselr 
personated,  he  might  in  any  event  become  liable  to  any  suit  or 
prosecution,  or  to  pay  any  sum  of  money,  or  to  incur  any  charge, 
forfeiture  or  penalty,  or  whereby  any  benefit  might  accrue  to  the 
party  personating,  or  to  any  other  person; 

Is  punishable  by  imprisonment  in  jail  for  not  more  than  two  years 
or  by  a  fine  of  not  more  than  $5,000, 

Ckoss-Refekences 

Conspiracy  to  cheat  and  defraud,  see  section  81  of  this  title. 
Proof  of  intent  to  defraud,  see  title  6,  section  375. 

692.  Marrying    under    false    personation. — Every    person    who 

falsely  personates  another,  and  in  such  assumed  character  marries  or 
pretends  to   marrj?^,   or  to   sustain  the   marriage   relation   towards 


609 


T.  5,  §693]  THE  CRIMINAL  CODE 

another,  with  or  without  the  connivance  of  another,  is  guilty  of  a 
felony. 

693.  Receiving-  money  or  property  in  a  false  character. — Every 

person  who  falsely  personates  another,  and  in  such  assumed  character 
receives  any  mone}^  or  property,  knowing  that  it  is  intended  to  be 
delivered  to  the  individual  so  personated,  with  intent  to  convert  the 
same  to  his  own  use,  or  to  that  of  another  person,  or  to  deprive  the 
true  owner  thereof,  is  punishable  in  the  same  manner  and  to  the 
same  extent  as  for  larceny  of  property  so  received. 

694.  Fraudulent  conveyances. — Every  person  who : 

a.  Is  a  party  to  any  fraudulent  conveyance  of  any  property,  real 
or  personal,  or  any  right  or  interest  issuing  out  of  the  same,  or  to  any 
bond,  suit,  judgment  or  execution,  contract  or  conveyance,  had,  made 
or  contrived  with  intent  to  deceive  and  defraud  others  or  to  defeat, 
hinder  or  delay  creditors  or  others  of  their  just  debts,  damages  or  de- 
mands; or 

b.  Being  a  ]3arty  as  aforesaid,  at  any  time  wittingly  and  willingly 
puts  in,  uses,  avows,  maintains,  justifies  or  defends  the  same  or  any 
of  them  as  true  and  don.e,  had  or  made  in  good  faith  or  upon  good 
consideration,  or  aliens,  assigns  or  sells  any  of  the  property,  real  or 
personal,  or  other  things  before  mentioned,  to  him  or  them  conveyed 
as  aforesaid,  or  any  part  thereof; 

Is  guilty  of  a  misdemeanor. 

695.  Obtaining-  money  or  property  by  false  pretenses. — Every 

person  who : 

a.  Knowingly  and  designedly  by  false  or  fraudulent  representa- 
tion or  pretenses  defrauds  any  other  person  of  money  or  property ;  or 

b.  Causes  or  procures  others  to  report  falsely  of  his  wealth  or 
mercantile  character  and  by  thus  imposing  upon  any  person  obtains 
credit  and  thereby  fraudulently  gets  into  possession  of  money  or 
property ; 

Is  punishable  in  the  same  manner  and  to  the  same  extent  as  for 
larceny  of  the  money  or  property  so  obtained. 

Cuoss-Reference 

Proof  of  obtaiiiiim  monov  or  propcrtv  l>v  false  pretenses,  see  title  G,  section 
379. 

696.  Selling-  property  twice. — Every  person  who,  after  once  sell- 
ing, bartering  or  disposing  of  any  property,  real  or  ])ersonal,  or  any 
interest  therein,  or  after  executing  any  bond  or  agreement  for  the 
sale  of  any  of  such  propert}',  again  willfully  and  with  intent  to  de- 
fraud previous  or  subseijuent  })urchasers,  sells,  barters  or  disposes  of 
the  same  propei-ty,  or  any  ])art  thereof  or  interest  therein,  or  willfully 
and  with  intent  to  defaud  previous  or  subsequent  purchasers,  exe- 
cutes any  bond  or  agreement  to  sell,  barter  or  dispose  of  the  same 
property,  or  any  part  thereof  or  interest  thei-ein,  to  any  other  person 
for  a  valuable  consideration,  is  punishable  by  imi)risonment  in  the 
penitentiai-v  for  not  nu)re  than  ten  years.  (Feb.  21,  l'.>33,  ch.  109, 
sec.  101a  [38a],  47  Stat.  877.) 

697.  Removal,  sale  or  further  incumbrance  of  mortgaged  per- 
sonal property. — Every  person  who  after  mortgaging  any  personal 

700 


THE  CRIMINAL  CODE  [T.  fj,  §  701 

property,  during  the  existence  of  such  mortgage  and  with  intent  to 
defraud  the  mortgagee,  his  representative  or  assigns : 

a.  Takes,  drives,  carries  away  or  otherwise  removes  or  permits  the 
taking,  driving  or  carrying  away  or  other  removal  of  the  mortgaged 
property  or  any  part"^  thereof  from  the  Canal  Zone,  without  the 
written  consent  of  the  mortgagee ;  or 

b.  Sells,  transfers  or  in  any  manner  further  incumbers  the  mort- 
gaged property,  or  any  part  thereof,  or  causes  the  same  to  be  sold, 
transferred  or  further  incumbered,  unless  at  or  before  the  time  of 
making  the  sale,  transfer  or  incumbrance,  the  mortgagor  informs 
the  person  to  whom  the  sale,  transfer  or  incumbrance  is  made,  of 
the  existence  of  the  prior  mortgage,  and  also  informs  the  prior 
mortgagee  of  the  intended  sale,  transfer  or  incumbrance,  in  writing, 
by  giving  the  name  and  place  of  residence  of  the  party  to  whom  the 
sale,  transfer  or  incumbrance  is  to  be  made ; 

Is  guilty  of  larceny  and  is  punishable  accordingly,  (Feb.  21,  193S 
c.  109,  sec.  102a  [389a],  47  Stat.  877.) 

698.  Married  person  selling  lands  under  false  representations. — 

Every  married  person  who  falsely  and  fraudulently  represents  him- 
self or  herself  as  competent  to  sell  or  mortgage  any  real  estate,  to 
the  validity  of  Avhich  sale  or  mortgage  the  assent  or  concurrence  of 
his  wife  or  her  husband  is  necessary,  and  under  such  representations 
willfully  conveys  or  mortgages  the  same,  is  guilty  of  a  felony. 

699.  False  or  fraudulent  sale  of  property;   mock  auctions. — 

Every  person  who  obtains  any  money  or  property  from  another,  or 
obtains  the  signature  of  another  to  any  written  instrument,  the  false 
making  of  which  would  be  forgery,  by  means  of  any  false  or  fraud- 
ulent sale  of  property  or  pretended  property,  by  auction,  or  by  any 
of  the  practices  known  as  mock  auctions,  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  three  years,  or  by  a  fine 
of  not  more  than  $1,000,  or  by  both. 

700.  False  statements  by  commission  merchants  or  factors. — 

Every  commission  merchant,  broker,  agent,  factor  or  consignee,  Avho 
sliairwillfully  and  corruptly  make,  or  cause  to  be  made,  to  the  prin- 
cipal or  consignor  of  such  commission  merchant,  agent,  broker,  factor 
or  consignee,  a  false  statement  concerning  the  price  obtained  for  or 
the  quality  or  quantity  of  any  property  consigned  or  intrusted  to 
such  commission  merchant,  agent,  broker,  factor  or  consignee,  for 
sale,  shall  be  ]Dunished  by  imprisonment  in  jail  for  not  more  than 
six  months,  or  by  a  fine  of  not  more  than  $500,  or  by  both.  (Feb.  21, 
1933,  ch.  109,  sec.  102  [386],  47  Stat.  877.) 

701.  Defrauding  inns  or  boarding  houses. — Any  person  who  ob- 
tains any  food  or  acconnnodation  at  an  inn  or  boarding  house  with- 
out paying  therefor,  with  intent  to  defraud  the  proprietor  or  man- 
ager thereof,  or  who  obtains  credit  at  an  inn  or  boarding  house  by 
the  use  of  any  false  pretense,  or  who,  after  obtaining  credit  or  accom- 
modation at  any  inn  or  boarding  house,  absconds  or  surreptitiously 
removes  his  baggage  therefrom  without  paying  for  his  food  or  accom- 
modation, is  guilty  of  a  misdemeanor. 

701 


^.  5,  §  702]  THE  CRIMINAL  CODE 

702.  Defrauding  pledgees. — Every  person  who,  after  pledging  as 
security  any  real  or  personal  property  whatever  for  a  loan  or  other 
security,  during  the  existence  of  the  pledge,  with  intent  to  defraud 
the  pledgee,  his  representatives  or  assigns,  transfers,  sells,  takes, 
drives  or  carries  away  or  otherwise  disposes  of  the  property,  or  any 
part  thereof,  without  the  written  consent  of  the  pledgee,  is  guilty 
of  larceny,  and  shall  be  punished  accordingly. 

703.  Frauds  practiced  to  affect  market  price  of  property. — 

Every  person  who  willfully  makes  or  publishes  any  false  statement, 
spreads  any  false  rumor,  or  emplo5^s  any  other  false  or  fraudulent 
means  or  device,  with  intent  to  affect  the  market  price  of  any  kind 
of  property,  is  guilty  of  a  misdemeanor. 

704.  Fraud  in  affairs  of  partnership. — Every  member  of  a  part- 
nership who  commits  any  fraud  upon  the  other  members  in  the 
affairs  of  the  partnership,  is  punishable  by  imprisonment  in  the  peni- 
tentiarv  for  not  more  than  one  year.  (Feb.  21,  1933,  ch.  109,  sec.  G5 
[243],  47  Stat.  869.) 

Ceoss-Reterencb 

Obligation  of  partners  to  act  in  good  faith,  see  title  3,  section  1732. 

705.  Injury  to  or  destruction  of  insured  property. — Every  per- 
son who  willfully  burns  or  in  any  other  manner  injures  or  destroys 
any  jDroperty  which  is  at  the  time  insured  against  loss  or  damage  by 
fire,  or  by  any  other  casualty,  with  intent  to  defraud  or  prejudice  the 
insurer,  whether  the  same  be  the  property  of  or  in  the  possession  of 
such  person,  or  of  any  other,  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  ten  years.  (Feb.  21,  1933,  ch.  109, 
sec.  102b  [390],  47  Stat.  877.) 

706.  Misrepresentation  of  newspaper  circulation. — Every  pro- 
prietor or  publisher  of  anj^  newspaper  or  periodical  who  willfully 
and  knowingly  misrepresents  the  circulation  of  such  newspaper  or 
periodical  for  the  purpose  of  securing  advertising  or  other  patron- 
age, shall  be  guilty  of  a  misdemeanor. 

ARTICLE  6.— FALSE  WEIGHTS  AND  MEASURES 


Sec. 

715.  Short    weight    or    measure    in    selliiif; 

merchandise. 

716.  Padding    weight    or    measurement    of 

goods  in  containers  or  packages. 


Sec. 

711.  False   weight   or   measure   defined. 

712.  Using  false  weights  or  measures. 

713.  Marking   false   weight   or   measure  on 

casks  or  packages. 

714.  Short   weight   in   sale   of   commodities 

by  ton. 

711.  False  weight  or  measure  defined. — A  false  weight  or  meas- 
ure is  one  which  does  not  conform  to  the  standard  established  by 
law. 

CROSS-REFmJENCB 

False  labels,  adulterations,  etc.,  see  sections  541  to  543  of  this  title. 

712.  Using  false  weights  or  measures. — Every  person  who  uses 
any  weight  or  measure,  knowing  it  to  be  false,  by  which  use  another 
is  defrauded  or  otherwise  injured,  is  guilty  of  a  misdemeanor. 

702 


THE  CRIMINAL  CODE 


[T.  5,  §  721 


713.  Marking  false  weight  or  measure  on  casks  or  packages. — 

Every  person  who  knowingly  marks  or  stamps  false  or  short  Aveifrht 
or  measure,  or  false  tare,  on  any  cask  or  package,  or  knowingly  sells 
or  offers  for  sale  any  cask  or  package  so  marked,  is  guilty  of  a 
misdemeanor. 

714.  Short  weight  in  sale  of  commodities  by  ton. — In  all  sales  of 
sugar,  coal,  and  other  commodities  usually  sold  by  the  ton  or  frac- 
tional parts  thereof,  the  seller  must  give  to  the  purchaser  full  weight, 
and  any  person  violating  this  section  shall  be  punished  as  for  a 
misdemeanor. 

715.  Short  weight  or  measure  in  selling  merchandise. — In  all 

sales  of  merchandise,  wares,  articles  of  food,  or  drink  or  whatever 
else  is  purchased  by  weight  or  measure,  the  seller  must  give  to  the 
purchaser  full  Aveight  or  measure,  and  any  person  violating  this 
section  shall  be  punished  as  for  a  misdemeanor. 

716.  Padding  weight  or  measurement  of  goods  in  containers  or 
packages. — Any  person  who  places  in  bales,  bags,  boxes,  barrels  or 
other  packages  of  sugar,  tobacco,  coffee,  rice  or  other  goods  usually 
sold  in  bales,  bags,  boxes,  barrels  or  other  packages,  by  weight  or 
otherwise,  and  conceals  therein  anything  whatever  for  the  purpose 
of  increasing  the  weight  or  measurement  of  such  bales,  bags,  boxes, 
barrels  or  other  packages,  with  intent  thereby  to  sell  the  goods 
therein,  or  to  enable  another  to  sell  the  same  for  an  increased  weight 
or  measurement,  is  guilty  of  a  misdemeanor.  (Feb.  21,  1933,  ch.  109, 
sec.  72  [258],  47  Stat.  871.) 


ARTICLE   7. 


-FORGERY  AND   COUNTERFEITING   AND   RELATED 
OFFENSES 


Sec. 

721. 


Forging,  altering  or  counterfeiting 
instrument  or  record  ;  uttering  false 
instrument. 

722.  Making   false    entries    in    records    or 

returns. 

723.  Forgery  of  public  or   corporate  seals. 

724.  Punishment  of  forgery. 

725.  Forging   telegraph  or   telephone   mes- 

sage. 

726.  Possessing  or  receiving  false  or  unfin- 

ished promissory  note  or  bill. 

727.  Making,    possessing    or    uttering    ficti- 

tious bill,  note  or  check. 

728.  Drawing  or  uttering  bank  check  with 

intent  to  defraud. 

729.  Counterfeiting  or  uttering  of  counter- 

feited coin  or  bullion. 

730.  Punishment  of  counte-feiting. 

731.  Possessing     or     receiving     counterfeit 

coin   or   bullion. 

732.  Forging  or  counterfeiting  government 

securities   or   obligations. 

721.  Forging,  altering  or  counterfeiting  instrument  or  record; 
uttering  false  instrument. — Every  person  who: 

a.  With  intent  to  defraud  another,  falsely  makes,  alters,  forges  or 
counterfeits  any  charter,  letters  patent,  deed,  lease,  indenture,  writ- 
ing obligatory,  will,  testament,  codicil,  annuity,  bond,  covenant,  bank 
bill  or  note,  post  note,  check,  draft,  bill  of  exchange,  contract,  prom- 
issory note,  due  bill  for  the  payment  of  money  or  property,  receipt 
for  money  or  property,  passage  ticket,  power  of  attorney,  or  any 


Sec. 

733.  Uttering  forged  or  counterfeit  govern- 
ment  securities   or   obligations. 

734.  Making  or  counterfeiting  bank  note 
or  bill. 

735.  Uttering  or  passing  false  bank  note  or 
bill. 

736.  Possessing  false  securities,  bank  notes 
or   bills. 

737.  Making  or  posessing  counterfeit  dies 
or   plates. 

738.  Possessing,  using  or  importing  plates 
for  printing  government  or  cor- 
porate securities. 

739.  Counterfeiting  railroad  tickets  or 
tickets  of  other   common   carrier. 

740.  Restoring  canceled   railroad   tickets. 

741.  Altering  clubhouse,  commissary  or 
restaurant  checks  or  coupons. 

742.  Issuing  instruments  to  circulate  as 
money. 


703 


T.  5,  §  722]  THE  CRIMINAL  CODE 

certificate  for  any  share,  right  or  interest  in  the  stock  of  any  corpora- 
tion or  association,  or  any  warrant  or  order  for  the  payment  of 
money  at  the  treasury,  treasurer's  order  or  warrant;  or  any  request 
for  the  payment  of  money  or  for  the  delivery  of  personal  property 
of  any  kind  or  of  any  instrument  in  writing,  acquittance,  release  or 
discharge  for  any  debt,  account,  suit,  action,  demand  or  other  thing, 
real  or  personal;  or  any  transfer  or  assurance  of  money,  certificate 
or  share  of  stock,  personal  property  or  other  property  whatever;  or 
any  letter  of  attorney  or  other  power  to  receive  money  or  to  receive 
or  transfer  certificates  of  shares  of  stock  or  annuities  or  to  let,  lease, 
dispose  of,  alien  or  convey  any  real  or  personal  property;  or  any 
acceptance  or  indorsement  of  any  bill  of  exchange,  promissory  note, 
draft,  order  or  assignment  of  any  bonds,  writing  obligatory,  or 
promissory  note  for  money  or  other  property; 

b.  With  intent  to  defraud  another,  counterfeits  or  forges  the  seal 
or  handwriting  of  another; 

c.  Utters,  publishes,  passes  or  attempts  to  pass,  as  true  and  genuine, 
any  of  the  above  named  false,  altered,  forged  or  counterfeited  mat- 
ters, as  above  specified  and  described,  knowing  the  same  to  be  false, 
altered,  forged  or  counterfeited,  with  intent  to  prejudice,  damage  or 
defraud  any  person;  or 

d.  With  intent  to  defraud,  alters,  corrupts  or  falsifies  any  record 
of  any  will,  codicil,  conveyance  or  other  instrument,  the  record  of 
Avhich  is  by  law  evidence,  or  any  record  of  any  judgment  of  a  court, 
or  the  return  of  any  officer  to  any  process  of  a  court; 

Is  guilty  of  forgery. 

Cross-Retbren  ces 

Forging  or  counterfeiting  passport,  see  U.S.  Code,  title  22,  section  222  (ap- 
pendix, p.  963). 

Forging  public  records  and  documents,  see  sections  131  to  133  of  tliis  title. 
Information  for  forgery,  see  title  6,  section  202. 
Proof  of  forgery,  see  title  6,  section  380. 

722.  Making  false  entries  in  records  or  returns. — Every  person 
who,  with  intent  to  defraud  another,  makes,  forges  or  alters  any 
entry  in  any  book  of  records,  or  any  instrument  purporting  to  be  any 
record  or  return  specified  in  the  uext  preceding  section,  is  guilty  of 
forgery. 

723.  Forgery  of  public  or  corporate  seals. — Every  person  who, 
with  intent  to  defraud  another: 

a.  Forges  or  counterfeits  the  seal  of  the  Government  of  the  Canal 
Zone,  the  seal  of  any  ]niblic  officer  authorized  by  law,  the  seal  of  any 
court  of  record,  or  the  seal  of  any  corporation,  or  any  other  public 
seal  authorized  or  recognized  by  the  laAvs  of  the  Canal  Zone,  or  of 
any  State,  government  or  country; 

b.  Falsely  makes,  forges  or  counterfeits  any  impression  purporting 
to  be  an  impression  of  any  such  seal;  or 

c.  Has  in  his  possession  any  such  counterfeited  seal,  or  impres- 
sion thereof,  knowing  it  to  be  counterfeited  and  willfully  conceals 
the  same; 

Is  guilty  of  forgery. 

704 


THE  CRIMINAL  CODE  [T.  '),  §  728 

724.  Punishment  of  forgery. — Forgery  is  punishable  by  impris- 
onment in  the  penitentiary  for  not  more  than  fourteen  j^ears.  (Feb. 
21,  1933,  ch.  100,  sec.  89  [324],  47  Stat.  873.) 

725.  Forging  telegraph  or  telephone  message. — Every  person 
who : 

a.  Knowingly  and  willfully  sends  by  telegraph  or  telephone  to  any 
person  a  false  or  forged  message  purporting  to  be  from  a  telegraph 
or  telephone  office  or  from  any  other  person ; 

b.  Willfully  delivers  or  causes  to  be  delivered  to  any  person  any 
such  message  falsel}^  purpoi-ting  to  have  been  received  by  telegraph 
or  telephone ;  or 

c.  Furnishes  or  conspires  to  furnish  or  causes  to  be  furnished  to 
any  agent,  operator  or  employee,  to  be  sent  by  telegraph  or  telephone 
or  to  be  delivered,  any  such  mes,sage,  knowing  the  same  to  be  false 
or  forged,  with  the  intent  to  deceive,  injure  or  defraud  another; 

Is  punishable  by  imprisonment  in  the  penitentiary  for  not  more 
than  five  years,  or  in  jail  for  not  more  than  one  year,  or  by  a  fine 
of  not  more  than  $5,000,  or  bv  both  such  fine  and  imprisonment. 
(Feb.  21,  1933,  ch.  109,  sec.  90  [325],  47  Stat.  873.) 

726.  Possessing  or  receiving  false  or  unfinished  promissory  note 
or  bill. — Every  person  who: 

a.  Has  in  his  possession  or  receives  from  another  person  any  forged 
promi.ssory  note  or  bank  bill,  or  bill  for  payment  of  money  or  prop- 
erty, with  the  intention  to  pass  the  same  or  to  permit,  cause  or  pro- 
cure the  same  to  be  uttered  or  passed,  with  the  intention  to  defraud 
any  person,  knowing  the  same  to  be  forged  or  counterfeited ;  or 

b.  Has  or  keeps  in  his  possession  any  blank  or  unfinished  note  or 
bill  made  in  the  form  or  .similitude  of  any  promissory  note  or  bill 
for  payment  of  money  or  property,  made  to  be  issued  by  any  incor- 
porated bank  or  banking  company,  with  intention  to  fill  up  and  com- 
plete such  blank  and  unfinished  note  or  bill,  or  to  permit  or  cause  or 
procure  the  same  to  be  filled  up  and  completed,  in  order  to  utter  or 
pass  the  same,  or  to  permit  or  cause  or  procure  the  same  to  be  uttered 
or  passed,  or  to  defraud  any  person ; 

Is  punishable  by  a  fine  of  not  more  than  $1,000  or  by  imprisonment 
in  the  penitentiary  for  not  more  than  five  years,  or  by  both.  (Feb. 
21, 1933,  ch.  109,  sec.  91  [326],  47  Stat.  874.) 

727.  Making,  possessing,  or  uttering  fictitious  bill,  note  or 
check. — Every  person  who,  with  intent  to  defraud  another,  makes, 
passes,  utters  or  publishes,  or  attempts  to  pass,  utter  or  publish,  or 
who  has  in  his  possession,  with  like  intent  to  utter,  pa,ss  or  publish, 
any  fictitious  bill,  note  or  check,  purporting  to  be  the  bill,  note, 
check  or  other  instrument  in  writing  for  the  payment  of  monev  or 
propertj^  of  some  bank,  corporation,  copartnership  or  individual, 
when  in  fact  there  is  no  such  bank,  corporation,  copartnership  or 
individual  in  existence,  knowing  the  bill,  note,  check  or  instrument 
in  writing  to  be  fictitious,  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  five  years.  (Feb.  21,  1933,  ch.  109, 
sec.  91a  [327],  47  Stat.  874.) 

728.  Drawing  or  uttering  bank  check  with  intent  to  defraud. — 

Every  person  who  for  himself  or  as  the  agent  or  representative  of 

706 


T.  5,  §  720]  THE  CRIMINAL  CODE 

another  or  as  an  officer  of  a  corporation,  willfully,  with  intent  to 
defraud,  makes,  draws,  utters  or  delivers  to  another  person  any 
check  or  draft  on  a  bank,  banker  or  depositary  for  the  payment  of 
money,  knowing  at  the  time  of  such  making,  drawing,  uttering  or 
delivery,  that  he  or  his  principal  or  the  corporation  of  which  he  is 
an  officer  has  not  sufficient  funds  in,  or  credit  with  such  bank,  banker 
or  depositary,  to  meet  such  check  or  draft  in  full  upon  its  presenta- 
tion, is  punishable  by  imprisonment  in  jail  for  not  more  than  one 
3^ear  or  in  the  penitentiary  for  not  more  than  fourteen  years.  The 
word  "  credit "  as  herein  used  shall  be  construed  to  be  an  arrange- 
ment or  understanding  with  the  bank  or  depositary  for  the  payment 
of  such  check  or  draft.  (Feb.  21,  1933,  ch.  109,  sec.  92  [32Ta],  47 
Stat.  874.) 

729.  Counterfeiting  or  uttering  of  counterfeited  coin  or  bul- 
lion.— Every  person  who,  with  intent  to  defraud  any  person : 

a.  Counterfeits  any  of  the  species  of  gold  or  silver  coin  current  in 
the  Canal  Zone,  or  any  kind  or  species  of  gold  dust,  gold  or  silver 
bullion,  or  bars,  lumps,  pieces  or  nuggets ; 

b.  Sells,  passes  or  gives  in  payment  such  counterfeit  coin,  dust, 
bullion,  bars,  lumps,  pieces  or  nuggets;  or 

c.  Permits,  causes  or  procures  the  same  to  be  sold,  uttered  or 
passed ; 

Is  guilty  of  counterfeiting. 

Cross-References 

For  otlier  provisions  defining  offenses  against  currency,  coinage,  etc.,  see  U.S. 
Code,  title  18,  sections  261  et  seq.   (appendix,  p.  907). 

Using  mails  to  dispose  of  counterfeit  money,  see  U.S.  Code,  title  18,  section 
338  (appendix,  p.  923). 

Issuing  or  circulating  paper  money,  see  section  742  of  this  title. 

Counterfeiting  Government  seal,  see  U.S.  Code,  title  18,  sections  130  to  133 
(appendix,  p.  906). 

730.  Punishment  of  counterfeiting. — Counterfeiting  is  punish- 
able by  imprisonment  in  the  penitentiarv  for  not  more  than  five 
years.     (Feb.  21,  1933,  ch.  109,  sec.  92a  [329],  47  Stat.  875.) 

731.  Possessing  or  receiving  counterfeit  coin  or  bullion. — Every 

person  who  has  in  his  possession,  or  receives  from  any  other  person, 
any  counterfeit  gold  or  silver  coin  of  the  species  current  in  the  Canal 
Zone,  or  any  counterfeit  gold  dust,  gold  or  silver  bullion,  or  bars, 
lumps,  pieces  or  nuggets,  with  the  intention  to  sell,  utter,  put  otf 
or  pass  the  same,  or  to  permit,  cause  or  procure  the  same  to  be  sold, 
littered  or  passed,  with  intention  to  defraud  any  person,  knowing 
the  same  to  be  counterfeit,  is  punishable  by  imprisonment  in  the 
penitentiarv  for  not  more  than  five  years.  (Feb.  21,  1933,  ch.  109, 
sec.  92b  [330],  47  Stat.  875.) 

Ceob  s-Referen  cb 
See  also  U.  S.  Code,  title  18,  section  277  (appendix,  p.  910). 

732.  Forging  or  counterfeiting  government  securities  or  obliga- 
tions.— Every  person  who,  within  the  Canal  Zone  and  with  intent  to 
defraud : 

706 


THE  CRIMINAL  CODE  [T.  5,  §  735 

a.  Falsely  makes,  alters,  forges  or  counterfeits  any  bond,  certifi- 
cate, obligation  or  other  security  in  imitation  of,  or  jDurporting  to 
be  an  imitation  of,  any  bond,  certificate,  obligation  or  other  security 
of  the  Government  of  the  United  States  or  any  State  or  Territory 
thereof,  or  any  foreign  government,  issued  or  put  forth  under  the 
authority  of  the  United  States  or  any  State  or  Territory  thereof,  or 
any  foreign  government;  or  any  treasury  note,  bill  or  promise  to 
pay  issued  by  the  Government  of  the  United  States  or  any  State  or 
Territory  thereof  or  any  foreign  government,  and  intended  to  circu- 
late as  money  either  by  law,  order  or  decree  of  the  Government  of 
the  United  States  or  any  State  or  Territory  thereof  or  any  foreign 
government;  or 

b.  Causes  or  procures  to  be  so  falsely  made,  altered,  forged  or 
counterfeited,  or  knowingly  aids  or  assists  in  making,  altering,  forg- 
ing or  counterfeiting  any  such  bond,  certificate,  obligation  or  other 
security,  or  any  such  treasury  note,  bill  or  promise  to  pay,  intended  as 
aforesaid  to  circulate  as  money ; 

Shall  be  punished  by  a  fine  of  not  more  than  $5,000  and  by  impris- 
onment in  the  penitentiary  for  not  more  than  five  years. 

733.  Uttering  forged  or  counterfeit  government  securities  or 
obligations. — Every  person  who,  knowingly  and  with  intent  to  de- 
fraud, utters,  passes  or  puts  off,  in  payment  or  negotiation,  within 
the  Canal  Zone,  any  such  false,  forged,  or  counterfeit  bond,  cer- 
tificate, obligation,  security,  treasury  note,  bill,  or  promise  to  pay, 
as  mentioned  in  the  next  preceding  section,  whether  the  same  was 
made,  altered,  forged  or  counterfeited  within  the  Canal  Zone  or 
not,  shall  be  punished  by  a  fine  of  not  more  than  $3,000,  and  by  im- 
prisonment in  the  penitentiary  for  not  more  than  three  years. 

Ckoss-Reference 
See  also  U.S.  Code,  title  18,  section  265  (appendix,  p.  90S). 

734.  Making  or  counterfeiting  bank  note  or  bill. — Every  person 
who,  within  the  Canal  Zone  and  with  intent  to  defraud,  falsely  makes, 
alters,  forges  or  counterfeits,  or  causes  or  procures  to  be  so  made, 
altered,  forged  or  counterfeited,  or  knowingly  aids  and  assists  in 
the  false  making,  altering,  forging  or  counterfeiting,  of  any  bank 
note  or  bill  issued  by  a  bank  or  other  corporation  of  the  United 
States,  State  or  Territory  thereof,  or  any  foreign  country,  and  in- 
tended by  the  law  or  usage  of  the  United  States,  State  or  Territory 
thereof,  or  any  foreign  country,  to  circulate  as  money,  such  bank 
or  corporation  being  authorized  by  the  laws  of  the  United  States, 
State  or  Territory  thereof,  or  such  foreign  country,  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  not  more  than  two  years 
and  by  a  fine  of  not  more  than  $2,000. 

735.  Uttering  or  passing  false  bank  note  or  bill. — Every  person 
who  shall,  within  the  Canal  Zone,  utter,  pass,  put  off,  or  tender 
in  payment,  with  intent  to  defraud,  any  such  false,  forged,  altered, 
or  counterfeit  bank  note  or  bill  as  mentioned  in  the  next  preceding 
section,  knowing  the  same  to  be  so  false,  forged,  altered  or  counter- 
feited, whether  the  same  w^as  made,  altered,  forged  or  counterfeited 
within  the  Canal  Zone  or  not,  shall  be  punished  by  imprisonment  in 

707 


T.  5,  §  736]  THE  CRIMINAL  CODE 

the  penitentiary  for  not  more  than  one  year  and  by  a  fine  of  not 
more  than  $1,000. 

736.  Possessing  false  securities,  bank  notes  or  bills. — Every  per- 
son who,  within  the  Canal  Zone,  shall : 

a.  Have  in  his  possession  any  such  false,  forged  or  counterfeited 
bond,  certificate,  obligation,  security,  treasury  note,  bill,  promise 
to  pay,  bank  note,  or  bill  issued  by  a  bank  or  other  corporation  of 
the  United  States,  State  or  Territory  thereof,  or  any  foreign  country, 
with  intent  to  utter,  pass  or  put  off  the  same,  or  to  deliver  the 
same  to  any  other  person  with  intent  that  the  same  may  thereafter 
be  uttered,  passed  or  put  off  as  true ;  or 

b.  Knowingly  deliver  the  same  to  any  other  person,  with  such 
intent; 

Shall  upon  conviction  thereof  be  punished  by  a  fine  of  not  more 
than  $1,000,  or  by  imprisonment  in  the  penitentiary  for  not  more 
than  five  years,  or  by  both.  (Feb.  21.  1933,  ch.  109,  sec.  93  [336], 
47  Stat.  875.) 

737.  Making  or  possessing  counterfeit  dies  or  plates.— Every 

person  who  makes,  or  knowingly  has  in  his  possession,  any  die,  plate, 
or  any  apparatus,  paper,  metal,  machine  or  other  thing  whatever, 
made  use  of  in  counterfeiting  coins  current  in  the  Canal  Zone,  or 
in  counterfeiting  gold  dust,  gold  or  silver  bars,  bullion,  lumps,  pieces 
or  nuggets,  or  in  counterfeiting  bank  notes  or  bills,  is  punishable 
by  imprisonment  in  the  penitentiary  for  not  more  than  five  years; 
and  all  such  dies,  plates,  apparatus,  paper,  metal  or  machines  in- 
tended for  the  purpose  aforesaid  must  be  destroyed. 

Ckoss-Refekences 

See,  also,  U.S.  Code,  title  18,  sections  2G1  ct  seq.    (appendix,  p.  1)07). 

738.  Possessing,  using  or  importing  plates  for  printing  Govern- 
ment or  corporate  securities. — Every  person  who,  within  the  Canal 
Zone : 

a.  Has  control,  custody  or  possession  of  any  plate  or  any  part 
thereof  from  which  has  been  printed  or  may  be  printed  any  counter- 
feit note,  bond,  obligation  or  other  security,  in  whole  or  in  part,  of  the 
Government  of  the  United  States,  State  or  Territorj^  thereof,  or  any 
foreign  country,  bank  or  corporation,  except  by  lawful  authority; 

b.  Uses  such  plate  or  knowingly  permits  or  suffers  the  same  to  be 
used  in  counterfeiting  the  obligations  aforesaid  or  any  part  thereof; 

c.  Engraves,  or  causes  or  procures  to  be  engraved,  or  assists  in 
engraving,  any  plate  in  the  likeness  or  similitude  of  any  plate  de- 
signed for  the  printing  of  the  genuine  issue  of  the  obligations  afore- 
said ; 

d.  Prints,  photographs  or  in  any  other  manner  makes,  executes  or 
sells,  or  causes  to  be  printed,  photographed,  made,  executed  or  sold, 
or  aids  in  printing,  photographing,  making,  executing  or  selling  any 
engraving,  photograph,  print  or  impression  in  the  likeness  of  any 
genuine  note,  bond,  obligation  or  other  security,  or  any  part  thereof, 
of  the  Government  of  the  United  States,  State  or  Territory  thereof, 
or  any  foreign  country,  bank  or  corporation ;  or 

708 


THE  CRIMINAL  CODE  [T.  5,  §  712 

e.  Brings  into  the  Canal  Zone  any  counterfeit  plate,  engraving, 
photograph,  print  or  other  impression  of  the  notes,  bonds,  obliga- 
tions or  other  securities  of  the  United  States,  State  or  Territory 
thereof,  or  an}^  foreign  country,  bank  or  corporation; 

Shall  be  punished  by  imi^risonment  in  the  penitentiary  for  not 
more  than  five  years,  or  by  a  fine  of  not  more  than  $5,000,  or  by  botii. 

CEOSS-REFEliENCE 

See,  also,  U.S.  Code,  title  18,  sections  2G1  ot  seq.  (appendix,  p.  907). 

739.  Counterfeiting  railroad  tickets  or  tickets  of  other  common 
carrier. — Every  person  who: 

a.  Counterfeits,  forges  or  alters  any  ticket,  check,  order,  coupon, 
receipt  for  fare,  or  pass,  issued  by  any  railroad  company  or  other 
common  carrier  or  by  any  lessee  or  manager  thereof,  designed  to  en- 
title the  holder  to  ride  in  the  cars  of  such  company ;  or 

b.  Utters,  publishes  or  puts  into  circulation  any  such  counterfeit 
or  altered  ticket,  check  or  order,  coupon,  receipt  for  fare,  or  pass, 
with  intent  to  defraud  any  such  railroad  company  or  other  common 
carrier  or  any  lessee  thereof,  or  any  other  person ; 

Is  punishable  by  imprisonment  in  the  penitentiary,  or  in  jail,  for 
not  more  than  one  year,  or  by  a  fine  of  not  more  than  $1,000,  or  by 
both  such  imprisonment  and  fine. 

740.  Restoring  canceled  railroad  tickets. — Every  person  who: 

a.  For  the  purpose  of  restoring  to  its  original  appearance  and 
nominal  value,  in  whole  or  in  part,  removes,  conceals,  fills  up  or 
obliterates  the  cuts,  marks,  punch  holes  or  other  evidence  of  can- 
celation, from  any  ticket,  check,  order,  coupon,  receipt  for  fare  or 
pass,  issued  by  any  railroad  company  or  any  lessee  or  manager 
(hereof,  canceled  in  Avhole  or  in  part,  with  intent  to  dispose  of  by 
sale  or  gift,  or  to  circulate  the  same,  or  with  intent  to  defraud  the 
railroad  company  or  lessees  thereof;  or 

b.  With  like  intent  to  defraud,  offers  for  sale  or  in  payment  of  fare 
on  the  railroad  of  the  company,  such  ticket,  check,  order,  coupon 
or  pass,  knowing  the  same  to  have  been  so  restored,  in  whole  or  in 
part; 

Is  punishable  by  a  fine  of  not  more  than  $1,000,  or  by  imprisonment 
in  jail  for  not  more  than  six  months,  or  by  both,  (Feb.  21,  1933, 
ch.  109,  sec.  94  [339],  47  Stat.  875.) 

741.  Altering  clubhouse,  commissary  or  restaurant  checks  or 
coupons. — Every  person  who,  with  intent  to  defraud,  alters  any  club- 
house, commissary  or  restaurant  check,  ticket,  coupon,  or  other  evi- 
dence of  a  transaction  with  such  clubhouse,  commissary  or  restaurant, 
is  punishable  by  imprisonment  in  jail  for  not  more  than  six  months 
or  by  a  fine  of  not  more  than  $1,000,  or  by  both.  (Feb.  21,  1933,  ch. 
109,  sec.  94a  [339a],  47  Stat.  875.) 

742.  Issuing  instruments  to  circulate  as  money. — Every  person 

who  makes,  issues  or  puts  in  circulation  any  bill,  check,  ticket,  cer- 
tificate, promissory  note,  or  the  paper  of  any  bank,  to  circulate  as 
mone}^,  except  as  authorized  bv  the  laws  of  the  United  States  or  the 
Canal  Zone,  is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  67 
[245],  47  Stat.  869.) 

709 


T.  5,  §  751] 


TEE  CRIMINAL  CODE 


ARTICLE  8.— FRAUDULENT  INSOLVENCIES  BY   CORPORATIONS,   AND 
OTHER  FRAUDS  IN  THEIR  MANAGEMENT 


Sec. 

751.  "  Director  "  deflned. 

752.  Frauds   in   subscriptions   for   stocli   in 

corporations. 

753.  Frauds    in    procuring   organization    of 

corporation    or   increasing   its  capi- 
tal. 

754.  Unauthorized    use    of    name    in    pros- 

pectus or  advertisement. 

755.  Misconduct  of  directors  of  stocls   cor- 

porations. 

756.  Receiving  deposits  in  insolvent  banks. 

757.  Frauds  in   books,  papers  or  securities 

of  corporations. 

758.  False  report  or  statement  by  director 

or  officer. 


Sec. 
759. 

760. 

761. 

762. 

763. 

764. 


Refusal  to  permit  inspection  of  books 
by    stockholders. 

Oflicer  contracting  debt  exceeding  cor- 
poration's available  means. 

Presumption  of  knowledge  by  director 
as  to  illegality  of  act. 

Presumption  of  concurrence  in  illegal 
act  by  director  who  is  present. 

Presumption  of  assent  by  director  ab- 
sent   from   meeting. 

No  defense  that  corporation  was  for- 
eign  corporation. 


751.  "  Director  "  defined. — The  term  "  director  ",  as  used  in  this 
article,  embraces  any  of  the  persons  having  by  law  the  direction  or 
management  of  the  affairs  of  a  corporation,  by  whatever  name  such 
persons  are  described  in  its  charter  or  bylaws. 

752.  Frauds  in  subscriptions  for  stock  in  corporations. — Every 
person  who  signs  the  name  of  a  fictitious  person  to  any  subscription 
for  or  agreement  to  take  stock  in  any  corporation  existing  or  pro- 
posed, and  every  person  who  signs  to  any  subscription  or  agreement 
the  name  of  any  person,  knowing  that  such  person  has  not  means  or 
does  not  intend  in  good  faith  to  comply  with  all  the  terms  thereof, 
or  under  any  understanding  or  agreement  that  the  terms  of  such 
subscription  or  agreement  are  not  to  be  complied  with  or  enforced, 
is  guilty  of  a  misdemeanor. 

753.  Frauds  in  procuring  organization  of  corporation  or  in- 
creasing its  capital. — Every  officer,  agent  or  clerk  of  any  corpora- 
tion, or  of  any  persons  proposing  to  organize  a  corporation,  or  to  in- 
crease the  capital  stock  of  any  corporation,  who  knowingly  exhibits 
any  false,  forged  or  altered  book,  paper,  voucher,  security  or  other 
instrument  of  evidence  to  any  public  officer  or  board  authorized  by 
law  to  examine  the  organization  of  the  corporation,  to  investigate 
its  affairs  or  to  allow  an  increase  of  its  capital,  with  intent  to  deceive 
the  officer  or  board  in  respect  thereto,  is  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  ten  years. 

754.  Unauthorized  use  of  name  in  prospectus  or  advertise- 
ment.— Every  person  who,  without  being  authorized  so  to  do,  sub- 
scribes the  name  of  another  to  or  inserts  the  name  of  another  in 
any  prospectus,  circular  or  other  advertisement  or  announcement  of 
any  corporation  or  joint  stock  association  existing  or  intended  to  be 
formed,  with  intent  to  permit  the  same  to  be  published  and  thereby 
to  lead  persons  to  believe  that  the  person  whose  name  is  so  subscribed 
is  an  officer,  agent,  member  or  promoter  or  such  corporation  or  asso- 
ciation, is  guilty  of  a  misdemeanor. 

755.  Misconduct  of  directors  of  stock  corporations. — Every  di- 
rector of  any  stock  corporation  who  concurs,  with  intent  to  defraud 
the  stockholders  or  creditors  of  the  corporation,  in  any  vote  or  act 
of  the  directors  of  the  corporation,  or  any  of  them,  by  wliich  it  is 
intended  either: 


710 


TEE  CRIMINAL  CODE  IT.  5,  §  75'J 

a.  To  nicake  any  dividend,  except  from  the  surplus  profits  arising 
from  the  business  of  the  corporation,  and  in  the  cases  and  manner 
allowed  by  law; 

b.  To  divide,  withdraw  or  in  any  manner,  except  as  provided  by 
hiw,  pay  to  the  stockholders  or  any  of  them  any  part  of  the  capital 
stock  of  the  corporation ; 

c.  To  discount  or  receive  any  note  or  other  evidence  of  debt  in  pay- 
ment of  any  installment  actually  called  in  and  required  to  be  paid, 
or  with  intent  to  provide  the  means  of  making  such  payment; 

d.  To  receive  or  discount  any  note  or  other  evidence  of  debt  with 
the  intent  to  enable  any  stockholder  to  withdraw  any  part  of  the 
money  paid  in  by  him,  or  his  stock;  or 

e.  To  receive  from  any  other  stock  corporation  in  exchange  for 
the  shares,  notes,  bonds  or  other  evidences  of  debt  of  their  own  cor- 
poration shares  of  the  capital  stock  of  such  other  corporation,  or 
notes,  bonds  or  other  evidences  of  debt  issued  by  such  other 
corporation ; 

Is  guilty  of  a  felony. 

756.  Receiving  deposits  in  insolvent  banks. — Every  officer,  agent, 
teller  or  clerk  of  any  bank,  and  every  individual  banker,  or  agent, 
teller  or  clerk  of  any  individual  banker,  who  receives  any  deposits, 
knowing  that  the  bank,  association  or  banker  is  insolvent,  is  guilty 
of  a  felony. 

757.  Frauds  in  books,  papers  or  securities  of  corporations. — 

Every  director,  officer  or  agent  of  any  corporation  or  joint  stock 
association  who  knowingly  receives  or  possesses  himself  of  any  prop- 
erty of  the  corporation  or  association  otherwise  than  in  payment 
of  a  just  demand,  and  who,  with  intent  to  defraud,  omits  to  make, 
or  to  cause  or  direct  to  be  made,  a  full  and  true  entry  thereof  in 
the  books  or  accounts  of  the  corporation  or  association,  and  every 
director,  officer,  agent  or  member  of  any  corporation  or  joint  stock 
association,  who,  with  intent  to  defraud,  destroys,  alters,  mutilates 
or  falsifies  any  of  the  books,  papers,  writings  or  securities  belonging 
to  the  corporation  or  association,  or  makes,  or  concurs  in  making, 
any  false  entries,  or  omits,  or  concurs  in  omitting,  to  make  any 
material  entry  in  any  book  of  accounts  or  other  record  or  document 
kept  by  the  corporation  or  association,  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  ten  years  or  by  a  fine  of 
not  more  than  $500,  or  by  both.  (Feb.  21,  1933,  eh.  109,  sec.  102c 
[401],  47  Stat.  877.) 

758.  False  report  or  statement  by  director  or  officer. — Every 
director,  officer  or  agent  of  any  corporation  or  joint  stock  associa- 
tion who  knowingly  concurs  in  making,  publishing  or  posting  any 
written  report,  exhibit  or  statement  of  its  affairs  or  pecuniary  condi- 
tion, or  book  or  notice  containing  any  material  statement  which  is 
false,  or  refuses  to  make  any  entry  in  any  book  or  post  any  notice 
required  by  law,  other  than  such  as  are  mentioned  in  this  article, 
is  guilty  of  a  felony. 

759.  Refusal  to  permit  inspection  of  books  by  stockholders. — 

Every  officer  or  agent  of  any  corporation,  having  or  keeping  an 

711 


T.  5,  §  760]  THE  CRIMINAL  CODE 

office  within  the  Canal  Zone,  who  has  in  his  custody  or  control  any 
book,  paper  or  document  of  the  corporation,  and  who  refuses  to 
give  to  a  stockholder  or  member  of  the  corporation,  lawfully  de- 
manding, during  office  hours,  to  inspect  or  take  a  copy  of  the  same, 
or  of  any  part  thereof,  a  reasonable  opportunity  so  to  do,  is  guilty 
of  a  felony. 

760.  Officer  contracting  debt  exceeding  corporation's  available 
means. — Every  officer,  agent  or  stockholder  of  any  railroad  com- 
pany, or  other  incorporated  company,  who  knov\'ingly  assents  to,  or 
has  any  agency  in,  contracting  any  debt  by  or  on  behalf  of  such  com- 
pany, unauthorized  by  law,  the  amount  of  which  debt,  with  other 
debts  of  the  company,  exceeds  its  available  means  for  the  payment 
of  its  debts  at  the  time  such  debt  is  contracted,  including  its  hmia 
fide  and  available  stock  subscriptions,  and  exclusive  of  its  real  estate, 
is  guilty  of  a  misdemeanor;  but  the  provisions  of  this  section  shall 
not  affect  the  validity  of  a  debt  created  in  violation  of  its  provisions 
as  against  the  company. 

761.  Presumption  of  knowledge  by  director  as  to  illegality  of 
act. — Every  director  of  a  corporation  or  joint  stock  association  is 
deemed  to  possess  sacli  a  knowledge  of  the  atfairs  of  his  corporation 
as  to  enable  him  to  determine  whether  any  act,  proceeding  or  omis- 
sion of  the  directors  is  a  violation  of  this  article. 

762.  Presumption  of  concurrence  in  illegal  act  by  director  who 
is  present. — Every  director  of  a  corporation  or  joint  stock  associa- 
tion who  is  present  at  a  meeting  of  the  directors  at  which  any  act, 
proceeding  or  omission  of  such  directors,  in  violation  of  this  article 
occurs,  is  deemed  to  have  concurred  therein,  unless  he  at  the  time 
causes,  or  in  writing  requires,  his  dissent  therefrom  to  be  entered  in 
the  minutes  of  the  directors. 

763.  Presumption  of  assent  by  director  absent  from  meeting. — 

Every  director  of  a  corporation  or  joint  stock  association,  aitiiough 
not  present  at  a  meeting  of  the  directors  at  which  any  act,  proceeding 
or  omission  of  sucli  directors,  in  violation  of  this  article  occurs, 
is  deemed  to  have  concurred  therein,  if  the  facts  constituting  such 
violation  appear  on  the  records  or  minutes  of  the  proceedings  of 
the  board  of  directors,  and  he  remains  a  director  of  the  same  com- 
pany for  six  months  thereafter,  and  does  not  within  that  time  cause 
or  in  writing  require  his  dissent  from  such  illegal  action  to  be  entered 
in  the  minutes  of  the  meetings  of  the  directors. 

764.  No  defense  that  corporation  was  foreign  corporation. — It 

is  no  defense  to  a  prosecution  for  a  violation  of  the  provisions  of 
this  article  that  the  corporation  was  one  created  by  the  laws  of  any 
State,  government  or  country,  if  it  was  one  carrying  on  business  or 
keeping  an  ollice  therefor  within  the  Canal  Zone. 

CuORS-ReFEREK  CE 

Regulation  of  foreign  coriiorations  doing  business  iu  the  Canal  Zone,  iiee 
title  3,  sections  221  to  230. 


712 


THE  CRIMINAL  CODE 


[T.  5,  §  775 


ARTICLE  9.— LARCENY   AND  RELATED  OFFENSES 


Sec. 

771.  Larceny  defined. 

772.  Grand   and   petit  larceny. 

773.  Grand    larceny    defined  and    puuisucd. 

774.  Petit  larceny  defined  and  punished. 

775.  Value   of   written   instruments   stolen. 

776.  Value  of  passsage  tickets. 

777.  Written     Instruments     completed    but 

not    delivered. 

778.  Severing  and  removing  parts  of  realty. 

779.  Removal  of  improvements  from  mort- 

gaged real  property. 
T80.   Larceny  of  lost  property. 
781.  Neglect     to     notify    owner    of    goods 

saved   from   fire. 


Sec. 

7S1'.   Stealing  gas  or  electricity. 

783.  Stealing   water. 

784.  Taking  vehicle   for   temporary   use   or 

operation. 

785.  Unauthorized    use    of    automobile    by 

custodian. 

786.  Buying  or  receiving  stolen  goods  ;  pre- 

sumptive evidence. 

787.  Unlawful     purchase     of     military     or 

naval  property. 
788    Brinjiing    into    Canal    Zone,    property 

stolen  or  embezzled  elsewhere. 
789.  Changing  or  defacing  marks  or  brands 

on  domestic  animals. 


771.  Larceny  defined.— Larceny  is  the  felonious  stealing,  taking, 
carrying,  leading  or  driving  away  of  the  personal  property  of 
another. 

CB0SS-REFE31ENCES 

Assault  with  intent  to  commit  grand  larceny,  see  section  311  of  this  title. 
Bringing  into  Canal  Zone  property  stolen  or  embezzled  elsewhere,  see  sections 
56  and  788  of  this  title. 

Disposal  of  stolen  property  which  is  recovered,  see  title  6,  sections  azi  to 

827 

Embezzlement,  see  sections  661  to  671  of  this  title. 
Informations  for  larceny,  see  title  6,  section  204. 
Proof  of  larceny,  see  title  6,  section  381. 
Robbery,  see  sections  291  to  294  of  this  title. 

772.  Grand  and  petit  larceny.— Larceny  is  divided  into  two  de- 
grees, the  first  of  which  is  termed  grand  larceny ;  the  second,  petit 
larceny. 

773.  Grand  larceny  defined  and  punished.— Grand  larceny  is 
larceny  committed  in  either  of  the  following  cases : 

a.  When  the  property  taken  is  of  the  value  of  $50  or  more; 

b.  When  the  property  is  taken  from  the  person  of  another;  or 

c.  When  the  property  taken  is  a  horse,  mare,  gelding,  cow,  steer, 
bull,  calf,  mule,  jack  or  jenny. 

Grand  larceny  is  punishable  by  imprisonment  m  the  penitentiary 
for  not  more  than  ten  years.  (Sept.  21,  1922,  ch.  370,  sec.  6  [342], 
42  Stat.  1007.) 

774.  Petit  larceny  defined  and  punished. — Larceny  in  other  cases 
is  petit  larceny,  and  is  punishable  by  imprisonment  in  jail  for  not 
more  than  thirty  days  or  by  a  fine  of  not  more  than  $100,  or  by  both. 
(Sept.  21,  1922,  di.  370,  sec.  8  [343],  42  Stat.  1007.) 

775.  Value  of  written  instruments  stolen.— If  the  thing  stolen 
consists  of  any  evidence  of  debt  or  other  Avritten  instrument,  the 
amount  of  money  due  thereupon,  or  secured  to  be  paid  thereby,  and 
remaining  unsatisfied,  or  which  in  any  contingency  might  be  col- 
lected thereon,  or  the  value  of  the  property  the  title  to  which  is 
shown  thereby,  or  the  sum  which  might  be  recovered  in  the  absence 
thereof,  is  the  value  of  the  thing  stolen. 

CR0SS-RE3^ERENCE3 

Estimation  of  value  of  property  in  determining  grade  of  offense  generally, 
see  section  10  of  this  title. 


93083—34- 


-46 


713 


T.  5,  §  776]  THE  CRIMINAL  CODE 

776.  Value  of  passage  tickets. — If  the  thincr  stolen  is  any  ticket 
or  other  paper  or  writing  entitling  or  purporting  to  entitle  the  holder 
or  proprietor  thereof  to  a  jDassage  upon  any  railroad  or  vessel  or 
other  public  conveyance,  the  price  at  which  tickets  entitling  a  person 
to  a  like  passage  are  usually  sold  by  the  proprietors  of  such  con- 
veyance is  the  value  of  such  ticket,  paper  or  writing. 

777.  Written  instruments  completed  but  not  delivered. — All  the 

provisions  of  this  article  apply  where  the  property  taken  is  an 
instrument  for  the  payment  of  money,  evidence  of  debt,  public 
security  or  passage  ticket,  completed  or  ready  to  be  issued  or  de- 
livered, although  the  same  has  never  been  issued  or  delivered  by 
the  makers  thereof  to  any  person  as  a  purchaser  or  owner,  or  having 
other  interests  therein. 

778.  Severing  and  removing  parts  of  realty. — The  provisions  of 
this  article  apply  also  where  the  thing  taken  is  any  fixture  or  part 
of  the  realty  and  is  severed  at  the  time  of  the  taking  in  the  same 
manner  as  if  the  thing  had  been  severed  by  another  person  at  some 
previous  time. 

779.  Removal  of  improvements  from  mortgaged  real  prop- 
erty.— Every  person  who,  after  mortgaging  any  real  property,  and 
during  the  existence  of  the  mortgage,  or  after  the  mortgaged  prop- 
erty has  been  sold  under  an  order  and  decree  of  foreclosure,  with 
intent  to  defraud  or  injure  the  mortgagee  or  his  representatives, 
successors  or  assigns,  or  the  purchaser  of  the  mortgaged  premises  at 
the  foreclosure  sale  or  his  representatives  or  assigns,  takes,  removes 
or  carries  away  from,  destroys  or  damages  the  mortgaged  premises, 
or  otherwise  disposes  of  or  permits  the  taking,  removing  or  carrying 
away,  or  other  disposition  of,  any  house,  barn  or  other  property 
affixed  thereto  as  an  improvement  thereon,  without  the  written  con- 
sent of  the  mortgagee  or  his  representatives,  successors  or  assigns, 
or  the  purchaser  at  the  foreclosure  sale  or  his  representatives  or 
assigns,  is  guilty  of  larceny  and  shall  be  punished  accordingly. 

780.  Larceny  of  lost  property. — One  who  finds  lost  property 
under  circumstances  which  give  him  knowledge  of  or  means  of 
inquiry  as  to  the  true  owner,  and  who  appropriates  such  property 
to  his  own  use,  or  to  the  use  of  another  person  not  entitled  thereto, 
without  first  making  reasonable  and  just  efforts  to  find  the  owner 
and  restore  the  property  to  him,  is  guilty  of  larceny,  and  shall  be 
punished  accordingly. 

781.  Neglect  to  notify  owner  of  goods  saved  from  fire.— Every 

person  who  saves  from  fire,  or  from  a  building  endangered  by  fire, 
any  property,  and  for  two  days  thereafter  corruptly  neglects  to 
notify  the  owner  thereof,  is  punishable  by  imprisonment  in  the 
penitentiary  for  not  more  than  ten  years.  (Feb.  21,  1933,  ch.  109, 
sec.  98a  [355],  47  Stat.  876.) 

782.  Stealing  gas  or  electricity. — Every  person  who,  with  intent 
to  injure  or  defraud,  makes  or  causes  to  be  made  any  pipe,  tube,  wire 
or  other  instrument,  and  connects  the  same  or  causes  it  to  be  con- 
nected with  any  main,  service  pipe  or  other  pipe,  wire  or  connection 

714 


THE  CRIMINAL  CODE  [T.  5,  §  780 

used  for  supplying  illuminating  gas  or  electricity  in  such  a  manner 
as  to  supply  illuminating  gas  or  electricity  to  any  burner,  orifice, 
globe  or  other  connection  by  or  at  which  illuminating  gas  or  elec- 
tricity is  consumed,  around  or  without  passing  through  a  meter 
provided  for  measuring  and  registering  the  quantity  consumed,  or 
in  any  other  manner  so  as  to  evade  the  payment  therefor,  and  every 
person  who  with  like  intent  obstructs  its  action,  is  guilty  of  a  mis- 
demeanor. 

783.  Stealing  water. — Every  person  who,  with  intent  to  defraud 
or  injure: 

a.  Opens  or  causes  to  be  opened  or  draws  water  from  any  stop- 
cock or  faucet  by  which  the  flow  of  water  is  controlled,  after  having 
been  notified  that  the  same  has  been  closed  or  shut  for  specific  cause, 
by  order  of  competent  authority;  or 

b.  Connects  or  causes  to  be  connected,  any  pipe,  tube  or  other 
instrument,  with  any  main,  service  or  other  pipe,  conduit  or  flume, 
for  conducting  water,  for  the  purpose  of  taking  water  from  such 
main,  service  pipe,  conduit  or  flume,  without  the  knowledge  of  the 
owner  thereof,  and  with  intent  to  evade  payment  therefor; 

Is  guilty  of  a  misdemeanor. 

784.  Taking  vehicle  for  temporary  use  or  operation. — Any  per- 
son who  shall,  without  the  permission  of  the  owner  thereof,  take  any 
automobile,  bicycle,  motorcycle  or  other  vehicle,  for  the  purpose  of 
temporarily  using  or  operating  the  same,  shall  be  punished  by  a  fine 
of  not  more  than  $200,  or  by  imprisonment  in  jail  for  not  more  than 
three  months,  or  by  both.  (Feb.  21,  1933,  ch.  109,  sec.  97  [354a], 
47  Stat.  876.) 

785.  Unauthorized  use  of  automobile  by  custodian. — Every 
owner  or  manager  of  an  automobile  garage,  or  agent  or  employee  of 
such  owner  or  manager,  or  any  other  person,  having  the  care,  cus- 
tody or  possession  of  any  automobile,  who  takes,  hires,  runs,  drives 
or  uses  such  automobile,  or  who  takes  or  removes  therefrom  any  part 
thereof,  without  the  owner's  consent,  is  punishable  by  a  fine  of  not 
more  than  $1,000,  or  by  imprisonment  in  jail  for  not  more  than  one 
year,  or  by  both.  (Feb.  21,  1933,  ch.  109,  sec.  98  L354b],  47  Stat. 
876.) 

786.  Buying  or  receiving  stolen  goods;  presumptive  evidence. — 

Every  person  who  for  his  own  gain  or  to  prevent  the  owner  from 
again  possessing  his  property,  buys  or  receives  any  personal  prop- 
erty, knowmg  the  same  to  have  been  stolen,  is  punishable  by  impris- 
onment in  the  penitentiary  lor  not  more  than  five  years ;  and  it  shall 
be  presumptive  evidence  that  such  property  was  stolen  if  it  consists 
of  jewelry,  silver  or  plated  Avare,  or  articles  of  personal  ornament, 
purchased  or  received  from  a  person  under  the  age  of  eighteen,  un- 
less such  property  is  sold  by  the  minor  at  a  fixed  place  of  business 
carried  on  by  such  minor  or  his  employer. 

Cross-Refetv^ncb 

Bringing  into  Canal  Zone  property  feloniously  received  elsewhere,  see  section 
7SS  of  this  title. 

715 


T.  5,  §  787] 


THE  CRIMINAL  CODE 


787.  Unlawful  purchase  of  military  or  naval  property. — ^Vho- 

ever  shall  purchase  or  receive  in  pledge  from  any  person  any  arms, 
equipment,  ammunition,  clothing,  military  stores  or  other  property 
furnished  by  the  United  States,  under  a  clothing  allowance  or  other- 
wise, to  any  soldier,  sailor,  officer,  cadet  or  midshipman  in  the  mili- 
tary or  naval  service  of  the  United  States  or  of  the  National  Guard 
or  Naval  Militia,  or  to  any  person  accompanying,  serving  or  retained 
with  the  land  or  naval  forces  and  subject  to  military  or  naval  law, 
having  knowledge  or  reason  to  believe  that  the  property  has  been 
taken  from  the  possession  of  the  United  States  or  furnished  by  the 
United  States  under  such  alloAvance,  shall  be  fined  not  more  than 
$500,  or  be  imprisoned  for  not  more  than  two  years,  or  both. 

Note. — This  section  was  derived  from  U.S.  Code,   title  IS,  section  86. 

788.  Bringing  into  Canal  Zone,  property  stolen  or  embezzled 
elsewhere. — Every  person  who,  in  any  country  or  State  of  the 
United  States,  embezzles  or  steals  the  property  of  another,  or  re- 
ceives such  propertj^,  knowing  it  to  have  been  embezzled  or  stolen, 
and  brings  the  same  into  the  Canal  Zone,  may  be  convicted  and 
punished  in  the  same  manner  as  if  such  embezzlement,  larceny  or 
receiving  had  been  committed  in  the  Canal  Zone.  (Feb.  21,  1933, 
ch.  109,  sec.  96  [352],  47  Stat.  875.) 

Cros.s-Refi':kence 
See  also  paragraph  b  of  section  5G  of  this  title. 

789.  Changing  or  defacing  marks  or  brands  on  domestic  ani- 
mals.— Every  person  ayIio  marks  or  brands,  alters  or  defaces  the 
mark  or  brand  of  any  horse,  mare,  colt,  jack,  mule,  ox,  steer,  cow, 
calf,  sheep,  goat,  hog,  shoat  or  pig  belonging  to  another  with  intent 
thereby  to  steal  the  same,  or  to  prevent  identification  thereof  by  the 
true  owner,  is  punishable  by  imprisonment  in  the  penitentiary  for 
not  more  than  five  years. 

ARTICLE  10.— MALICIOUS  MISCHIEF,  IN  GENERAL 


Sec. 

801.  Malicious   injury    to    property    gener- 

ally. 

802.  Malicious  injury  to  real  property. 

803.  Burning  of  building,  vessel  or  stand- 

ing crop. 

804.  Leaving  gate  or  guard  of  enclosure  of 

another  open. 

SO.'i.  Throwing    down    fence. 

806.  Malicious  use  of  explosives  endanger- 
ing  life. 


Sec. 

807.  Destruction  of  written  instrument  be- 

longing   to   another. 

808.  Opening  or  publishing  scaled  letter. 
80!).   Poisoning    animals. 

810.  Cruelty    to    animals. 

811.  Commissioning   humane    society   ageni 

to    aid    enforcement. 


801.  Malicious  injury  to  property  generally. — Every  person  who 
maliciously  injures  or  destroys  any  real  or  personal  property  not 
his  own,  in  cases  otherwise  than  such  as  are  specified  in  this  title, 
is  guilty  of  a  misdemeanor.  The  specification  of  the  acts  enumerated 
in  the  following  sections  of  this  article  is  not  intended  to  restrict  or 
qualify  the  interpretation  of  this  section. 

Cros.s-Referbnce 

Malicious  injuries  to  the  Canal,  fortifications,  railroads  or  highways,  see 
sections  821  to  846  of  this  title. 


716 


THE  CRIMINAL  CODE  [T.  5,  §  808 

802.  Malicious  injury  to  real  property. — Every  person  who  will- 
fully commits  any  trespass  by  either : 

a.  Cutting  down,  destroying  or  injuring  any  kind  of  wood  or 
timber  standing  or  growing  upon  the  lands  of  another,  or  upon 
public  lands; 

b.  Carrying  away  any  kind  of  wood  or  timber  lying  on  such  lands; 

c.  Maliciously  injuring  or  destroying  any  standing  crops,  fruits 
or  vegetables,  the  property  of  another,  in  any  case  for  which  a 
punishment  is  not  otherwise  prescribed  by  this  title; 

d.  Digging,  taking  or  carrying  away  from  any  lot  situated  within 
the  Canal  Zone,  without  the  license  of  the  owner  or  legal  occupant 
thereof,  any  earth,  soil  or  stone; 

e.  Digging,  taking  or  carrying  away  from  any  land  in  the  Canal 
Zone,  recognized  or  established  as  a  street,  alley,  avenue  or  park, 
without  the  license  of  the  proper  authorities,  any  earth,  soil  or 
stone;  or 

f .  Patting  up,  affixing,  fastening,  printing  or  painting  upon  any 
property  of  any  person,  without  license  from  the  owner,  any  notice, 
advertisement,  or  designation  of,  or  any  name  for  any  commodity, 
whether  for  sale  or  otherwise,  or  any  picture,  sign  or  device  intended 
to  call  attention  thereto; 

Is  guilty  of  a  misdemeanor.  (Feb.  21,  1933,  ch.  109,  sec.  105  [426, 
subs.  4,  5  and  6],  47  Stat.  878.) 

803.  Burning  of  building,  vessel  or  standing  crop. — Every  per- 
son who  willfully  or  maliciously  burns  any  building  or  vessel,  not 
the  subject  of  arson,  or  any  growing  or  standing  crop,  not  the  {)rop- 
erty  of  such  person,  is  punishable  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  ten  years. 

804.  Leaving  gate  or  guard  of  enclosure  of  another  open. — 

Every  person  passing  through  the  gate  or  guard  of  an  enclosure  of 
another  and  leaving  the  same  open,  is  guilty  of  a  misdemeanor  and 
punishable  by  a  fine  of  not  more  than  $25. 

805.  Throwing  down  fence. — Every  person  willfully  or  mali- 
ciously throwing  down  a  fence  to  make  passage  through  an  enclosure 
is  guilty  of  a  misdemeanor. 

806.  Malicious  use  of  explosives  endangering  life. — Every  per- 
son who  maliciously,  by  the  explosion  of  gunpowder  or  other  explo- 
sive substance,  destroys,  throws  down  or  injures  the  whole  or  any 
part  of  any  building,  by  means  of  which  the  life  or  safety  of  any 
human  being  is  endangered,  is  guilty  of  a  felony. 

807.  Destruction  of  written  instrument  belonging  to  another. — 

Every  person  who  maliciously  mutilates,  tears,  defaces,  obliterates 
or  destroys  any  written  instrument,  the  property  of  another,  the 
false  making  of  which  would  be  forger}^,  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  five  years.  (Feb,  21. 
1933,  ch.  109,  sec.  110  [438],  47  Stat.  879.) 

808.  Opening  or  publishing  sealed  letter. — Every  person  who 
willfully  and  without  being  authorized  to  do  so  either  by  the  "writer 
of  the  letter  or  the  person  to  whom  it  is  addressed : 

717 


T.  5,  §  809]  THE  CRIMINAL  CODE 

a.  Opens  or  reads,  or  causes  to  be  read,  any  sealed  letter  not  ad- 
dressed to  himself;  or 

b.  Publishes  any  of  the  contents  of  the  letter,  knowing  the  same  to 
have  been  unlawfully  opened ; 

Is  guilty  of  a  misdemeanor. 

809.  Poisoning  animals. — Every  person  who  willfully  adminis- 
ters any  poison  to  an  animal,  the  property  of  another,  or  maliciously 
exposes  any  poisonous  substance  with  the  intent  that  the  same  shall 
be  taken  or  swallowed  by  any  such  animal,  is  punishable  by  imprison- 
ment in  the  penitentiary  for  not  more  than  three  years,  or  by  a  fine 
of  not  more  than  $500,  or  by  both, 

810.  Cruelty  to  animals. — Every  person  who: 

a.  Shall  overdrive,  overload,  torture,  cruelly  beat  or  unjustifiably 
injure,  maim,  mutilate  or  kill  or  deprive  of  necessary  food,  drink  or 
shelter,  or  work  when  unfit  for  labor,  any  animal  whether  wild  or 
tame  and  whether  belonging  to  himself  or  to  another ;  or 

b.  Being  the  owner  or  possessor  or  having  charge  or  custody  of  a 
maimed,  diseased,  disabled  or  infirm  animal  shall  abandon  it,  or 
leave  it  to  die  in  a  street,  road  or  other  place ; 

Is  guilty  of  a  misdemeanor.  An}^  police  officer  may  lawfully  de- 
stroy or  cause  to  be  destroj^ed  any  animal  found  abandoned  and  not 
properly  cared  for,  appearing,  in  the  judgment  of  two  reputable 
persons  called  by  him  to  view  the  same  in  his  presence,  to  be  injured 
or  diseased  past  recovery  for  any  useful  purpose. 

Cross-Rei^ekences 

Promotion  of  bull  fights,  dog  fights,  etc.,  see  section  608  of  this  title. 

Other  crimes  in  relation  to  animals,  see  sections  561  to  567  of  this  title. 

811.  Commissioning  humane  society  agent  to  aid  enforce- 
ment.— Any  duly  appointed  agent  of  a  regularly  organized  humane 
society  in  the  Canal  Zone,  may  be  commissioned  by  the  proper 
authorities  of  the  Canal  Zone  as  a  special  police  officer  for  the  en- 
forcement of  the  provisions  of  the  next  preceding  section  and  of  any 
other  law,  regulation  or  order  in  force  in  the  Canal  Zone  for  the 
prevention  of  cruelty  to  animals,  and  when  so  commissioned  shall  be 
vested  for  that  purpose  with  all  the  authority  of  a  member  of  the 
police  force. 


718 


THE  CRIMINAL  CODE 


[T.  n,  §  S25 


ARTICLE  11.— MALICIOUS  AND  OTHER  INJURIES  TO  PANAMA  CANAL 
AND  OTHER  PUBLIC  OR  SEMI-PUBLIC  PROPERTY 


Seo. 

835.  Breaking  or  obstructing  gas  or  water 
pipes. 

836.  Iniuring  water  sy.stem  or  fire  protec- 
tion apparatus,  etc. ;  misusing  or 
wasting   water. 

837.  Taking  water  from  or  disturbing  ir- 
rigation or  otlier  canals,  etc. 

8;;8.  Injury  to  structures  erected  to  create 
power  or  conduct  or  store  water. 

839.  Altering  or  exhibiting  light  to  endan- 
ger   vessel. 

840.  Obstructing  navigable   streams. 

841.  Destroying  or  injuring  jails. 
84:.'.  Defacing   or   destroying  posted   copies 

of  laws  or  notifications. 
S43.  Placing  signs   on    property    of    United 
States  or  Panama  Railroad. 

844.  Trespassing  upon  Government  or 
Railroad  reservations. 

845.  Posting  signs  warning  against  tres- 
passing upon  reservation. 

846.  Destruction  or  removal  of  warning 
signs. 


Sec. 

821.  Injury  to  or  obstruction  of  Canal  or 

locks. 

822.  Injury    to    bridge,   viaduct   or   culvert. 

823.  Burning   of   bridge. 

824.  Throwing     injurious      substances     on 

highways. 

825.  Injuries  to  highway  guideposts. 

826.  Injuries     to     railroads     and     railroad 

bridges. 

827.  Taking  packing  or  waste  from  railroad 

journal    boxes. 

828.  Boarding  train   with  intent  to   obtain 

free    ride. 

829.  Jumping  on    or   off   train    in    motion  ; 

riding  on  roof  or  platform. 

830.  Riding    on    labor    train    without    au- 

thority. 

831.  Injuring   telegraph   or   telephone  lines 

or   apparatus. 

832.  Destroying    boundary    or    subaqueous 

cable  markers. 

833.  Injury   to  or  removal  of  boundary   or 

survey    monuments. 

834.  Injuries  to   monuments,  works   of  art 

or  trees. 

821.  Injury  to  or  obstruction  of  Canal  or  locks. — Any  person 
who  by  any  means  or  in  any  way  injures  or  obstructs  or  attempts  to 
injure  or  obstruct  any  part  of  the  Panama  Canal  or  the  locks  thereof 
or  the  approaches  thereto,  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  not  more  than  twenty  years,  or  by  a  fine  of  not 
more  than  $10,000,  or  by  both.  (Aug.  21,  1916,  ch.  371,  sec.  10,  39 
Stat.  529  [U.S.  Code,  title  48,  sec.  1322].) 

Cross-Re:febence3 
Violation  of  this  section  causing  death,  see  section  255  of  this  title. 

822.  Injury  to  bridge,  viaduct  or  culvert. — Every  person  who 
maliciously  digs  up,  removes,  displaces  or  otherwise  injures  or  des- 
troys any  public  bridge,  viaduct  or  culvert,  is  punishable  by 
imprisonment  in  the  penitentiary  for  not  more  than  five  years. 

Ceos  s-Reifeben  cb 

Receiving  compensation  for  use  of  bridge  without  authority,  see  section  531 
of  this  title. 

823.  Burning  of  bridge. — Every  person  who  willfully  or  malici- 
ously burns  any  bridge  exceeding  $50  in  value,  not  the  property  of 
such  person,  is  punishable  by  imprisonment  in  the  penitentiary  for 
not  more  than  ten  years. 

824.  Throwing  injurious  substances  on  highways. — Any  person 
who  throws  or  deposits  any  glass  bottle,  glass,  nails,  tacks,  hoops, 
wire,  cans  or  any  other  substance  likely  to  injure  any  person,  animal 
or  vehicle  upon  any  public  highway  in  the  Canal  Zone  shall  be 
guihy  of  a  misdemeanor.  (Feb.  21,  1933,  ch.  109,  sec.  103  [420a], 
47  Stat.  878.) 

825.  Injuries  to  highway  guideposts. — Every  person  who  malici- 
ously removes  or  injures  any  mile  board,  post  or  stone,  or  guidepost, 
or  any  inscription  thereon,  erected  upon  any  highway,  is  guilty  of  a 
misdemeanor. 


710 


T.  5,  §  826]  THE  CRIMINAL  CODE 

826.  Injuries  to  railroads  and  railroad  bridges. — Every  person 
who  maliciously,  either: 

a.  Removes,  displaces,  injures  or  destroys  any  part  of  any  railroad, 
whether  for  steam  or  any  other  power,  or  any  track  of  any  railroad, 
or  any  branch  or  branchway,  switch,  turnout,  bridge,  viaduct,  cul- 
vert, embankment,  station  house,  or  other  structure  or  fixture,  or  any 
part  thereof,  attached  to  or  connected  with  any  railroad ;  or 

b.  Places  any  obstruction  upon  the  rails  or  track  of  any  railroad, 
or  of  any  switch,  branch,  branchway  or  turnout  connected  with  any 
railroad ; 

Is  guilty  of  a  felon}',  and  shall  be  punished  accordinol3\ 

Cross-Refeeences 

Attempting  to  wreck  train,  see  section  303  of  this  title. 
Boarding  train  with  intent  to  rob,  see  section  294  of  this  title. 

827.  Taking  packing  or  waste  from  railroad  journal  boxes. — 

Any  person  who  shall  without  lawful  authority  take  or  remove  the 
packing  or  waste  from  out  of  any  journal  box  or  boxes  of  any  loco- 
motive engine,  tender,  coach,  caboose  or  truck,  used  or  operated  on 
any  railroad,  shall  be  punished  by  a  fine  of  not  more  than  $100,  or 
by  imprisonment  in  jail  for  not  more  than  thirty  days,  or  by  both. 

828.  Boarding  train  with  intent  to  obtain  free  ride.— Any  person 
who  shall  board  anj'  passenger,  freight  or  other  railway  train  in 
the  Canal  Zone,  whether  moving  or  standing,  for  any  purpose  and 
without  in  good  faith  intending  to  become  a  passenger  thereon,  and 
with  no  lawful  business  thereon,  and  with  intent  to  obtain  a  free 
ride  on  such  train,  however  short  the  distance,  without  the  consent 
of  the  person  or  persons  in  charge  thereof  shall  be  punished  by  a  fine 
of  not  more  than  $20. 

829.  Jumping  on  or  off  train  in  motion;  riding  on  roof  or  plat- 
form.— Any  person  other  than  a  member  of  a  train  crew,  or  a  con- 
struction or  transportation  official  or  employee  engaged  in  the  per- 
formance of  his  duties,  who  shall  jump  on  or  off  a  railroad  locomo- 
tive, car  or  train  while  it  is  in  motion,  or  ride  on  the  roof  or  platform 
of  a  car  of  such  train,  shall  be  fined  not  more  than  $10  for  each 
offense. 

830.  Riding  on  labor  train  without  authority. — Any  person  not 
in  the  employ  of  the  Panama  Canal  or  the  Panama  Railroad  Com- 
pany who  shall  ride  on  any  labor  train  Avithout  written  authority  of 
the  Governor  or  the  head  of  a  department  or  divi-sion  of  the  Pananui 
Canal  or  Panama  Railroad  Company,  shall  be  fined  not  more  than 
$25  for  each  offense. 

831.  Injuring  telegraph  or  telephone  lines  or  apparatus. — Every 
person  who  maliciously  takes  down,  removes,  injures  or  obstructs 
any  line  of  telegraph  or  telephone,  or  any  part  thereof,  or  appur- 
tenances or  apparatus  connected  therewith,  or  severs  an}'  wires 
thereof,  is  guilty  of  a  misdemeanor. 

CROeS-REFERENCE 

Offenses  against  telegraph  or  telephone  service,  see  sections  851  to  S'lT  of  this 
title. 

720 


THE  CRIMINAL  CODE  [T.  5,  §  836 

832.  Destroying    boundary    or    subaqueous    cable    markers. — 

Every  person  who  either : 

a.  Maliciouslj'^  removes  any  monument  erected  for  tlie  purpose  of 
designating  any  point  in  the  boimdary  of  any  lot  or  tract  of  Land,  or 
a  place  Avhere  a  subaqueous  telegraph  cable  lies ; 

b.  Maliciously  defaces  or  alters  the  marks  upon  any  such  monu- 
ment; or 

c.  Maliciously  cuts  down  or  removes  any  tree  upon  which  any  such 
marks  have  been  made  for  such  purpose,  with  intent  to  destroy  such 
marks ; 

Is  guilty  of  a  misdemeanor. 

833.  Injury  to  or  removal  of  boundary  or  survey  monuments. — 

Every  person  Avho  willfully  injures,  defaces  or  removes  any  signal, 
monument,  building  or  appurtenance  thereto,  placed,  erected  or  used 
by  persons  engaged  in  the  United  States  Coast  and  Geodetic  Survey, 
the  ]\Iilitary  Survey  of  the  United  States  Army,  the  Hydrographic 
Office  of  the  United  States  Navy,  or  any  other  Government  surveys, 
or  the  Panama  Canal,  or  any  public  service  company  within  the 
Canal  Zone,  knowing  the  same  to  be  a  boundary  or  .survey  monu- 
ment, is  guilty  of  a  felony.  (Feb.  21,  1933,  ch.  109,  sec.  109  [436], 
47  Stat.  878.) 

834.  Injuries  to  monuments,  works  of  art  or  trees. — Every  per- 
son, not  the  owner  thereof,  who  willfullj^  injures,  disfigures  or 
destroys  any  monument,  work  of  art,  or  useful  or  ornamental  im- 
provement within  the  limits  of  the  Canal  Zone,  or  any  shade  tree  or 
ornamental  plant  growing  therein,  whether  situated  upon  private 
grounds  or  on  anv  .street,  sidewalk  or  public  park,  or  place,  is  guilty 
of  a  misdemeanor.  (Feb.  21.  1933,  ch.  109,  sec.  Ill  [440],  47  Stat. 
879.) 

835.  Breaking  or  obstructing  gas  or  water  pipes. — Every  person 
who  willfully  breaks,  digs  up,  obstructs  or  injures  any  pipe  or  main 
for  conducting  gas  or  Avater,  or  any  works  erected  for  supplying 
buildings  with  gas  or  water,  or  any  appurtenances  or  appendages 
therewith  connected,  is  guilty  of  a  misdemeanor. 

836.  Injuring  water  system  or  fire  protection  apparatus,  etc., 
misusing  or  wasting  water. — ^Any  person  who  shall : 

a.  Remove,  obstruct,  injure,  molest  or  otherwise  tamper  with  any 
fire  hydrant,  standpipe,  fire  plug,  tank,  hand  grenade,  fire  ex- 
tinguisher, hose,  hose  reel,  cart,  engine,  valve,  box  or  cover,  stop- 
cock, stop  box  or  cover,  or  any  other  tool,  fixture,  apparatus,  pump, 
machinery  or  building  of  any  kind  whatsoever  connected  with  or 
necessary  to  the  proper  and  efficient  operation  of  the  water  systems 
or  for  fire  protection  within  the  Canal  Zone ;  or 

b.  Willfully  or  otherwise  misuse  or  waste,  or  cause  to  be  misused 
or  wasted,  water  supplied  from  the  water  mains  owned  and  operated 
b}^  the  Government  of  the  Canal  Zone ; 

Shall  be  punished  by  a  fine  of  not  more  than  $25,  or  by  imprison- 
ment in  jail  for  not  more  than  thirty  days,  or  by  both;  but  this 
section  shall  not  apply  to  firemen  in  the  regular  discharge  of  their 


721 


T.  5,  §  837]  TEE  CRIMINAL  CODE 

duties    and    duly^  authorized     representatives    of    the    municipal 
engineering  division. 

Ceoss-Reterence 

Resisting  fireman,  see  section  572  of  this  title. 

837.  Taking  water  from  or  disturbing  irrigation  or  other 
canals,  etc. — Every  person  who  shall  without  authority  of  the  owner 
or  managing  agent : 

a.  Take  water  from  any  canal,  ditch,  flume  or  reservoir  used  for 
the  purpose  of  holding  or  conveying  water  for  manufacturing,  agri- 
cultural, irrigating  or  generation  of  power  for  domestic  uses,  with 
intent  to  defraud; 

b.  Raise,  lower  or  otherwise  disturb  any  gate  or  other  apparatus 
thereof  used  for  the  control  or  measurement  of  water;  or 

c.  Empty  or  place,  or  cause  to  be  emptied  or  placed,  into  any  such 
canal,  ditch,  flume  or  reservoir,  any  rubbish,  filth  or  obstruction  to 
the  free  flow  of  the  water; 

Is  guilty  of  a  misdemeanor. 

838.  Injury  to  structures  erected  to  create  povj^er  or  conduct  or 
store  water. — Every  person  who  willfully  and  maliciously: 

a.  Cuts,  breaks,  injures  or  destroys  any  bridge,  dam,  canal,  flume, 
aqueduct,  levee,  embankment,  reservoir  or  other  structure  erected 
to  create  hydraulic  power,  or  to  drain  or  reclaim  any  swamp  or 
overflowed  tide  or  marsh  land,  or  to  store  or  conduct  water  for 
agricultural  or  other  purposes,  or  for  the  supply  of  the  inhabitants 
of  any  city  or  town,  or  any  embankment  necessary  to  the  same,  or 
either  of  them; 

b.  Makes  or  causes  to  be  made  any  aperture  in  such  dam,  canal, 
flume,  aqueduct,  reservoir,  embankment,  levee  or  structure,  with  in- 
tent to  injure  or  destroy  the  same;  or 

c.  Draws  up,  cuts  or  injures  any  piles  fixed  in  the  ground  for 
the  purpose  of  securing  any  sea  bank  or  sea  walls  or  any  dock,  quay, 
jetty,  lock  or  sea  wall; 

Is  punishable  by  imprisonment  in  the  penitentiary  for  not  more 
than  two  vears,  or  by  a  fine  of  not  more  than  $1,000.  or  by  both. 
(Feb.  21,  i933,  ch.  109,  sec.  106  [431],  47  Stat.  878.) 

839.  Altering  or  exhibiting  light  to  endanger  vessel. — Every 
person  who  unlawfully  masks,  alters  or  removes  any  light  or  signal, 
or  willfully  exhibits  any  light  or  signal,  with  intent  to  bring  any 
vessel  into  danger,  is  punishable  by  imprisonment  in  the  penitentiary 
for  not  more  than  twenty  years. 

840.  Obstructing  navigable  streams. — Every  person  who  unlaw- 
fully obstructs  the  navigation  of  any  navigaJble  stream  or  water, 
is  guilty  of  a  misdemeanor. 

841.  Destroying  or  injuring  jails. — Every  person  who  willfully 
and  intentionally  breaks  down,  pulls  down  or  otherwise  destroys  or 
injures  any  public  jail  or  other  place  of  confinement,  is  punishable 
by  a  fine  of  not  more  than  $10,000,  and  by  imprisonment  in  the 
penitentiary  for  not  more  than  five  years. 

722 


THE  CRIMINAL  CODE  [T.  5,  §  846 

842.  Defacing  or  destroying  posted  copies  of  laws  or  notifica- 
tions.— Every  person  who  intentionally  defaces,  obliterates,  tears 
down  or  destroys  any  copy  or  transcript  or  extract  from  or  of  any 
law  of  the  United  States  or  of  the  Canal  Zone,  or  any  proclamation, 
advertisement  or  notification  set  up  at  any  place  in  the  Canal  Zone, 
by  authority  of  any  laws  of  the  United  States  or  of  the  Canal  Zone, 
or  b}^  order  of  any  court,  before  the  expiration  of  the  time  for  which 
the  same  was  to  remain  set  up,  is  punishable  by  a  fine  of  not  less  than 
$25,  or  by  imprisonment  in  jail  for  not  more  than  thirty  days. 

843.  Placing  signs  on  property  of  United  States  or  Panama 
Railroad. — Any  person  who  shall  construct  or  place  any  sign,  bill, 
poster  or  other  advertising  device  on  any  land,  building  or  other 
structure  owned  or  controlled  by  the  United  States  or  the  Panama 
Railroad  Company  in  the  Canal  Zone,  shall  be  punished  by  a  fine 
of  not  more  than  $25,  or  by  imprisonment  in  jail  for  not  more  than 
thirty  days,  or  by  both ;  and  every  day  that  such  sign,  bill,  poster,  or 
other  advertising  device  shall  remain  upon  such  lands  or  structures 
shall  be  deemed  a  separate  offense.  This  section  shall  not,  however, 
be  construed  to  prevent  persons  from  advertising,  by  means  of  any 
such  advertising  devices,  the  business  that  they  may  be  conducting 
according  to  law  in  any  building  or  other  structure  upon  which  such 
advertising  device  is  constructed  or  jDlaced. 

844.  Trespassing  upon  Government  or  Railroad  reservations. — 

Every  person  who  shall  go  into  or  upon  any  reservation  or  other 
place  belonging  to  or  under  the  control  of  the  United  States  of 
America,  the  Canal  Zone  Government,  or  the  Panama  Railroad 
Company,  after  such  reservation  or  place  has  been  posted  as  pre- 
scribed in  the  section  next  following,  and  without  the  permission 
of  the  person  in  charge  of  such  reservation  or  place,  shall  be  guilty 
of  trespassing  and  shall  be  punished  by  a  fine  of  not  more  than  $25, 
or  by  imprisonment  in  jail  for  not  more  than  thirty  days,  or  by  both. 

845.  Posting  signs  warning  against  trespassing  upon  reserva- 
tion.— The  posting  required  by  sections  844  to  846  of  this  title,  shall 
consist  of  printed  or  painted  signs,  conspicuously  placed,  by  the  au- 
thority of  the  Governor  of  the  Panama  Canal,  at  or  near  the  reserva- 
tion or  place  from  which  the  public  is  to  be  excluded,  and  shall  in 
plain  and  simple  words  warn  all  persons  against  trespassing  upon 
the  reservation  or  place. 

846.  Destruction  or  removal  of  warning  signs. — Every  person 
who  willfully  injures,  destroj^s  or  removes  any  sign  placed  or  erected 
under  the  provisions  of  sections  844  to  846  of  this  title,  shall  be 
punished  by  a  fine  of  not  more  than  $100,  or  by  imprisonment  in  jail 
for  not  more  than  three  months,  or  by  both. 


723 


T.5,  §851] 


THE  CRIMINAL  CODE 


ARTICLE    12— OFFENSES    AGAINST    THE    TELEGRAPH,    TELEPHONE, 

OPt  CABLE   SERVICE 


Sec. 

851.  Refusal  or  neglect  to   send  or  deliver 

message. 

852.  Agent  using  information  derived  from 

telegraph  or  cable  mes.sage. 

853.  Fraudulently   obtaining    or  using  con- 

tents   of    message. 

854.  Bribing  agent  to  disclose  message. 


Sec. 

855.  Disclosing  contents  of  telegraphic  or 
cable  message. 

S56.  Altering  telegraphic  or  cable  mes- 
sage. 

857.  Opening  or  fraudulentlj-  obtaining 
telegraphic  or  cable  message  of 
another. 


851.  Refusal   or   neglect   to   send   or   deliver   message. — Every 

agent,  operator  or  employee  of  any  telegraph,  cable  or  telephone 
office,  who : 

a.  Willfully  refuses  or  neglects  to  send  any  message  received  at 
such  office  for  transmission ; 

b.  Willfully  postpones  the  same  out  of  its  order;  or 

c.  Willfully  refuses  or  neglects  to  delivery  any  message  received 
by  telegraph,  cable  or  telephone; 

Is  guilty  of  a  misdemeanor;  but  nothing  herein  contained  shall 
be  construed  to  require  any  message  to  be  received,  transmitted  or 
delivered  unless  the  charges  thereon  have  been  paid  or  tendered,  or 
to  require  the  sending,  receiving  or  delivery  of  any  message  counsel- 
ing, aiding,  abetting  or  encouraging  treason  or  other  resistance  to 
lawful  authorit}'-,  or  any  message  calculated  to  further  any  fraudu- 
lent plan  or  purpose,  or  to  instigate  or  encourage  the  perpetration 
of  any  unlawful  act,  or  to  facilitate  the  escape  of  any  criminal  or 
person  accused  of  crime,  or  any  message  containing  abusive,  blas- 
phemous or  indecent  language. 

Ckoss-Refekences 

Forcing  tele.iraph  or  toleplioiie  message,  see  .section  725  of  this  title. 
Malicious  injury  to  teletiraph  lines,  see  section  831  of  this  title. 
Kenioving  or  altering  marker  of  suhaqueous  teleyruph  cable,  see  section  882 
of  this  title. 

852.  Agent  using  information  derived  from  telegraph  or  cable 

message. — Every  agent,  operator  or  employee  of  any  telegraph  or 
cable  office,  who: 

a.  In  any  way  uses  or  appropriates  any  information  derived  by 
him  from  any  private  message  passing  through  his  hands  addressed 
to  any  other  person,  or  in  any  other  manner  acquired  by  him  by 
reason  of  his  trust  as  such  agent,  operator  or  employee;  or 

b.  Trades  or  speculates  upon  any  such  information  so  obtained,  or 
in  any  manner  turns,  or  attempts  to  turn  the  same  to  his  own  account, 
profit  or  advantage ; 

Is  punishable  by  imprisonment  in  the  penitentiary  for  not  more 
than  five  years,  or  by  a  fine  of  not  more  than  $5,000,  or  by  both. 

853.  Fraudulently  obtaining  or  using  contents  of  message. — 

Every  person  who,  by  means  of  any  machine,  instrument  or  con- 
trivance, or  in  any  other  manner,  AvillfuUy  and  fraudulently  reads, 
or  attempts  to  read,  any  message,  or  to  learn  the  contents  thereof, 
whilst  the  same  is  being  sent  over  any  telegrapli  line,  or  willfully 
and  fraudulently,  or  clandestinely  learns,  or  attempts  to  learn,  the 
contents  or  meaning  of  any  message  while  the  same  is  in  any  tele- 
graph or  cable  office,  or  is  laeing  received  thereat  or  sent  therefrom, 

724 


THE  CRIMINAL  CODE  [T.  5,  §  871 

or  who  uses  or  attempts  to  use,  or  communicates  to  others,  any  in- 
formation so  obtained,  is  punishable  by  imprisonment  in  the  peni- 
tentiary for  not  more  than  five  years,  or  by  a  fine  of  not  more  than 
$5,000,  or  by  both.  (Feb.  21,  1933,  ch.  109,  sec.  112  [444],  47  Stat. 
879.) 

854.  Bribing  agent  to  disclose  message. — ^Every  person  who,  by 
the  payment  or  promise  of  any  bribe,  inducement  or  reward,  pro- 
cures, or  attempts  to  procure,  any  telegrapli  or  cable  agent,  operator 
or  employee  to  disclose  any  private  message,  or  the  contents,  purport, 
substance  or  meaning  thereof,  or  offers  to  any  such  agent,  operator 
or  employee  any  bribe,  compensation  or  reward  for  the  disclosure  of 
any  private  information  received  by  him  by  reason  of  his  trust  as 
such  agent,  operator  or  employee,  or  uses,  or  attempts  to  use,  any 
such  information  so  obtained,  is  punishable  by  imprisonment  in  the 
penitentiarv  for  not  more  than  five  years,  or  by  a  fine  of  not  more 
than  $5,000,  or  bv  both.  (Feb.  21,  1933,  ch.'l09,  sec.  113  [445], 
47  Stat.  879.) 

855.  Disclosing   contents  of   telegraphic  or   cable   message. — 

Every  person  who  willfully  discloses  the  contents  of  any  telegraphic 
or  cable  message,  or  any  part  thereof,  addressed  to  another  person, 
without  the  permission  of  such  person,  unless  directed  so  to  do  by 
the  lawful  order  of  a  court,  is  guilty  of  a  misdemeanor. 

856.  Altering  telegraphic  or  cable  message. — Every  person  who 
willfully  alters  the  purport,  effect  or  meaning  of  a  telegraphic  or 
cable  message  to  the  injury  of  another,  is  guilty  of  a  misdemeanor. 

CEO'SS-REFEIRENCE 

Forging  messages,  see  section  725  of  tliis  title. 

857.  Opening  or  fraudulently  obtaining  telegraphic  or  cable 
message  of  another. — Every  person  not  connected  with  any  tele- 
graph or  cable  office  who : 

a.  Without  the  authority  or  consent  of  the  person  to  whom  the 
same  may  be  directed,  willfully  opens  any  sealed  envelope  inclosing 
a  telegraphic  or  cable  message  and  addressed  to  any  other  person, 
with  the  purpose  of  learning  the  contents  of  the  message ;  or 

b.  Fraudulently  represents  any  other  person  and  thereby  procures 
to  be  delivered  to  himself  any  telegraphic  or  cable  message  addressed 
to  such  other  person,  with  the  intent  to  use,  destroy  or  detain  the 
same  from  the  person  entitled  to  receive  the  message; 

Is  guilty  of  a  misdemeanor. 

CHAPTER  15.— CARRYING  AND  KEEPING  OF  ARMS;  HUNTING 

•ec. 


Sec. 

871.  Carrying  of  arms  on  or  about  person. 

unlawful. 

872.  Persons  to  whom  preceding  section  is 

inapplicable. 

873.  Permits    to    Lave   and    carry   arms,   in 

general. 

874.  Granting   and    revocation    of    hunting 

permits. 


875.  Hunting  pursuant  to  permit ;  regula- 
tion. 

87(>.  Offenses  and  puni.shm'ent   thereof. 

877.  Fiie-hunting  at  night  and  hunting  by 
means  of  spring  or  trap;  punish- 
ment. 


Section  871.  Carrying  of  arms  on  or  about  person,  unlawful. — 

No  person  shall  carry  on  or  about  his  person  any  firearm  or  any 


725 


T.  5,  §  872]  THE  CRIMINAL  CODE 

dirk,  dagger  or  other  knife,  or  other  weapon,  manufactured  or  sold 
for  the  purpose  of  offense  or  defense,  or  any  slung  shot,  air  gun, 
sword  cane,  blackjack,  or  any  knuckles  made  of  metal  or  other  hard 
substance.     (July  5,  1932,  ch.  418,  sec.  1,  47  Stat.  573.) 

Cboss-Refeeences 

Drawing  deadlj'  weapon  in  a  threatening  manner,  see  section  604  of  this 
title. 
Taking  dangerous  weapons  from  persons  arrested,  see  title  6,  section  96. 

872.  Persons  to  whom  preceding  section  is  inapplicable. — The 

next  preceding  section  shall  not  apply : 

a.  To  a  person  engaged  in  the  military  or  naval  service  of  the 
United  States,  or  as  a  peace  officer  or  officer  authorized  to  execute 
judicial  process  of  the  United  States  or  the  Canal  Zone,  or  in  carry- 
ing mail,  or  in  the  collection  or  custody  of  funds  of  the  United  States 
or  the  Canal  Zone,  Avhile  such  officers  or  persons  are  engaged  in  the 
performance  of  their  respective  duties; 

b.  To  a  member  of  a  gun  or  pistol  club  organized  for  the  promotion 
of  target  practice,  a  certified  copy  of  the  constitution  and  bylaws 
of  which  has  been  approved  by  the  Governor  of  the  Panama  Canal 
and  filed  with  the  chief  of  the  police  and  fire  division,  when  such 
member  is  going  to  or  from  a  target  range  or  is  engaged  in  practice 
thereat.  A  certificate  of  membership  in  the  gun  or  pistol  club  shall 
be  issued  by  the  organization  and  approved  by  the  chief  of  the  police 
and  fire  division,  which  shall  entitle  the  holder  to  carry  firearms  as 
provided  in  this  section ;  or 

c.  To  any  person  authorized  to  have  or  carry  arms  by  an}^  permit 
granted  under  the  terms  of  this  chapter.  (July  5,  1932,  ch.  418, 
sec.  2,  47  Stat.  573.) 

873.  Permits  to  have  and  carry  arms,  in  general. — The  Gover- 
nor of  the  Panama  Canal  may  authorize  the  granting  of  permits  to 
have  and  carry  arms,  as  follows : 

a.  To  hunt  upon  the  public  lands  of  the  Canal  Zone  or  upon  lands 
occupied  by  private  persons,  when  authorized  by  the  latter ; 

b.  To  have  arms  in  residences,  offices,  business  places  or  pLanta- 
tions ; 

c.  To  watchmen  or  overseers  of  plantations,  factories,  warehouses, 
docks  or  piers;  and 

d.  To  carry  arms  in  private  aircraft  for  hunting  or  protection  of 
crew  or  cargo. 

Applications  for  such  permits  shall  be  made  to  the  Governor,  and 
shall  contain  the  full  name,  residence  and  occupation  of  the  appli- 
cant. If  the  applicant  is  a  minor  a  permit  shall  not  be  granted 
without  the  consent  of  his  parent  or  guardian  and  no  permit  shall 
be  granted  to  a  minor  under  fifteen  3'^ears  of  age.  (Jidy  5,  1932, 
ch.  418,  sec.  3,  47  Stat.  573.) 

874.  Granting  and  revocation  of  hunting  permits. — When  an 
a])plication  for  a  permit  to  hunt  is  granted  by  the  Governor  of  the 
Panama  Canal,  he  shall  indorse  his  approval  thereon,  file  the  appli- 
cation, and  cause  a  permit  to  bo  issued  to  the  applicant  upon  payment 
by  him  of  a  fee  of  $1.     The  permit  shall  run  for  the  fiscal  year  in 

726 


THE  CRIMINAL  CODE  [T.  5,  §  877 

which  it  is  issued  except  that  it  may  be  revoked  by  the  Governor  at 
any  time  for  cause.     (July  5,  1932,  ch.  418,  sec.  4,  47  Stat.  573.) 

875.  Hunting-  pursuant  to  permit;  regulation. — Hunting  permits 
issued  under  this  chapter  shall  allow  the  holder  thereof  to  have, 
carry  and  use  firearms  in  the  area  or  areas  prescribed  by  the  Gov- 
ernor, and  on  the  conditions  imposed  by  him  under  such  general  or 
special  rules  and  regulations  as  he  may  issue  from  time  to  time.  The 
Governor  may  designate  the  area  or  areas  of  the  Canal  Zone  in  which 
hunting  is  permitted,  and  the  class  of  arms  that  may  be  used  in  hunt- 
ing therein ;  and  no  hunting  shall  be  allowed  outside  of  such  areas. 
The  Governor  may,  in  such  general  or  special  rules  and  regulations, 
impose  such  other  conditions  in  respect  to  hunting  as  he  may  deem 
necessary  in  the  interests  of  public  order  and  to  prevent  injury  to 
persons  or  property.     (July  5,  1932,  ch.  418,  sec.  4,  47  Stat.  573.) 

CROSS-REFEREN'CE 

Protection  of  birds  and  their  nests,  see  title  2,  sections  291  to  293. 

876.  Offenses  and  punishment  thereof. — Any  person  who: 

a.  Carries  on  or  about  his  person  any  of  the  arms  mentioned  in 
section  871  of  this  title  without  authority  under  this  chapter ; 

b.  Engages  in  hunting  without  first  obtaining  the  permit  provided 
for  in  this  chapter;  or 

c.  After  obtaining  a  hunting  permit,  engages  in  hunting  in  viola- 
tion of  the  provisions  of  this  chapter  or  any  rule  or  regulation  estab- 
lished by  the  Governor  hereunder; 

Shall  be  guilty  of  a  misdemeanor.  Penalties  for  violations  of  this 
chapter  shall  be  in  addition  to  any  punishment  which  may  be  im- 
posed upon  the  offending  person  for  any  other  offense  that  he  may 
have  committed  in  connection  with  the  carrying  or  using  of  arms  in 
violation  of  this  chapter.  (July  5,  1932,  ch.  418.  sees.  6  and  7, 
47  Stat.  574.) 

877.  Fire-hunting  at  night  and  hunting  by  means  of  spring  or 
trap;  punishment.— Every  person  who  shall: 

a.  Hunt  at  night  between  the  hours  of  sunset  and  sunrise  with  the 
aid  or  use  of  a  lantern,  torch,  bonfire  or  other  artificial  light;  or 

b.  Hunt  by  the  use  of  a  gun  or  other  firearm  intended  to  be  dis- 
charged by  any  animal  or  bird  by  means  of  a  spring,  trap  or  other 
similar  mechanical  device ; 

Shall  be  guilty  of  a  misdemeanor.  The  penalties  imposed  by  this 
section  shall  be  in  addition  to  the  punishments  authorized  by  the 
law  against  carrying  arms  without  a  permit.  (July  5,  1932,  ch.  417, 
sec.  i;47  Stat.  572.) 


727 


THE  CODE  OF  CRIMINAL  PROCEDURE 


IT.  6,  §  4 


TITLE  6.— THE  CODE  OF  CRIMINAL  PROCEDURE 


Sec. 

1.  General  provisions _.  1 

2.  Resistance  to  offenses;  self-defense 31 

3.  Security  to  keep  tlie  peace 41 

4.  Time  for  commencing  criminal  actions Gl 

5.  Warrant  of  arrest 71 

G.  Arrest 81 

7.  Powers  and  duties  of  magistrates  in  gen- 

eral  -... - Ill 

8.  Trialof  offenses  in  magistrates' courts 121 

9.  Appeals  to  district  court 131 

10.  Preliminary  hearing  by  magistrates  of  of- 

fenses triable  in  district  court 141 

11.  Pleading  and  information 161 

12.  Pleadings  and  proceedings  after  informa- 

tion filed  and  before  commencement  of 

trial.  ._ - -  221 

13.  Proceedings  after  the  commencement  of 

the  trial  and  before  judgment 331 


Sec. 

14.  Judgment -. - 481 

15.  Execution 511 

IG.  Bail -  541 

17.  Witnesses G51 

18.  Habeascorpus 721 

19.  Search  warrants 761 

20.  Dismissal  of  action  before  or  after  infor- 

mation  — 791 

21.  Compromising  certain  offenses  by  lea>e  of 

court 801 

22.  Inquiry  into  insanity  of  defendant  before 

trial  or  after  conviction _.. 811 

23.  Disposal  ofproperty  stolen  or  embezzled--  821 

24.  Proceedingsagainstcorporations 831 

25.  Clerk  of thedistrictcourt 841 

2fi.  Fugitives  from  justice;  extradition -.  851 

27.  Penal  institutions,- 901 


Cross-reference 
Crimes  on  high  seas,  practice  and  procedure,  see  title  7,  section  26. 


CHAPTER  1.— GENERAL  PROVISIONS 


Sec. 


1.  Name   of   title. 

2.  Time   of    taking  efifect. 

3.  Liability    to    punishment    for    offenses 

committed   in   Canal  Zone. 

4.  Criminal  action  deflnrd. 

5.  Parties    to    criminal    action. 

6.  Style  of  all  processes. 

7.  Designation  of  party  prosecuted. 

8.  Prohibition    of   second    prosecution    for 

same    offense. 

9.  Prohibition    of    second    prosecution    for 

act  punishable  in  different  ways. 
10.   No    pi^rson    compelled     to     be    witness 
against   self. 


Sec. 

11.  Prohibition     of    unnecessary     restraint 

before    conviction. 

12.  Right  of  attorney  to  visit  prisoner. 

13.  Venue  of  offenses. 

14.  Rights  of  defendant  in  criminal  action. 

15.  Modes  of   conviction    of   public   offense. 

16.  "  District    Attorney  "    as    including   as- 

sistant. 

17.  Prosecution   of  actions  for   fines,   debts 

and    forfeitures   accruing  to  Govern- 
ment. 


Section  1.  Name  of  title. — This  title  shall  be  known  as  the  Code 
of  Criminal  Procedure  of  the  Canal  Zone. 

2.  Time  of  taking  effect. — This  title  shall  apply  to  criminal 
actions  and  proceedings  from  the  time  it  takes  effect  except  that  all 
such  actions  and  proceedings  theretofore  commenced  shall  be  con- 
ducted in  the  same  manner  as  if  this  title  had  not  been  enacted. 
(Feb.  21,  1933,  ch.  110,  sec.  120,  47  Stat.  901.) 

3.  Liability  to  punishment  for  offenses  committed  in  Canal 
Zone. — Every  person  is  liable  to  punishment  under  the  laws  of  the 
Canal  Zone,  or  under  the  laws  of  the  United  States  applicable  to  the 
Canal  Zone,  for  an  offense  committed  by  him  therein.  (Feb.  21, 
1933,  ch.  110,  sec.  4  [9],  47  Stat.  880.) 

Cross-Reference 

Liability  to  punishment  for  certain  offenses  committed  outside  of  Cannl  Zone, 
see  title  5,  section  56. 

4.  Criminal  action  defined. — The  proceedings  by  which  a  party 
charged  with  a  public  offense  is  accused  and  brought  to  trial  and 
punishment  is  known  as  a  criminal  action. 


93083—34- 


-47 


729 


T.  6,  §  5]  THE  CODE  OF  CRIMINAL  PROCEDURE 

5.  Parties  to  criminal  action. — A  criminal  action  is  prosecuted 
in  the  name  of  the  Government  of  the  Canal  Zone  as  a  party  against 
the  person  charged  with  the  offense. 

Cboss-Reference 

Principals  and  accessories  to  felony,  see  sections  211  and  212  of  this  title. 

6.  Style  of  all  processes. — The  style  of  all  processes  shall  be  in 
the  name  of  the  Government  of  the  Canal  Zone. 

7.  Designation  of  party  prosecuted. — The  party  prosecuted  in  a 
criminal  action  is  designated  in  this  title  as  the  defendant. 

8.  Prohibition  of  second  prosecution  for  same  offense. — No  per- 
son can  be  subjected  to  a  second  prosecution  for  a  public  offense 
for  which  he  has  once  been  prosecuted  and  convicted  or  acquitted. 

Ceoss-Kiefeeekces 

Dismissal  of  action  as  barring  other  prosecution,  see  section  795  of  this  title. 
Former  jeopardy,  see  title  1,  section  1   (e). 

Pleas  of  former  conviction  or  acquittal,  or  once  in  jeopardy,  see  sections  271, 
272  and  301  of  this  title. 

9.  Prohibition  of  second  prosecution  for  act  punishable  in  dif- 
ferent ways. — Where  an  act  or  omission  is  made  punishable  in  differ- 
ent ways  by  different  provisions  of  Title  5,  The  Criminal  Code,  an 
acquittal  or  conviction  and  sentence  under  either  one  bars  a  prose- 
cution for  the  same  act  or  omission  under  any  other  provision. 

10.  No  person  compelled  to  be  witness  against  self. — No  person 
shall  be  compelled  in  a  criminal  action  to  be  a  witness  against 
himself. 

Ceoss-Reiferences 

See  also  title  1,  section  1   (e). 

Defendant  as  a  witness,  see  section  673  of  this  title. 

11.  Prohibition  of  unnecessary  restraint  before  conviction. — No 

person  charged  with  a  public  offense  shall  be  subjected  before  con- 
viction to  an}'  more  restraint  than  is  necessary  for  his  detention  to 
answer  the  charge. 

Ceos  s-Reifekbn  as 

See  also  section  82  of  this  title. 

12.  Right  of  attorney  to  visit  prisoner. — Any  attorney  at  law 
entitled  to  practice  in  the  courts  of  the  Canal  Zone  may,  at  the  request 
of  a  prisoner,  after  his  arrest,  visit  the  person  so  arrested.  (Feb.  21, 
1933,  c.  110,  sec.  21  [40],  47  Stat.  883.) 

13.  Venue  of  offenses. — The  jurisdiction  of  an  offense  triable 
either  in  the  district  or  magistrates'  courts  shall  be  in  the  division  or 
subdivision  where  the  offense  was  committed.  (Feb.  21,  1933,  ch. 
110,  sec.  3  [8],  47  Stat.  880.) 

Ceoss-Retebences 

For  provision  establishing  the  divisions,  see  title  7,  section  22. 
Removal  of  the  action  before  trial,  see  sections  291  et  seq.,  of  this  title. 

730 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  G,  §  17 

14.  Rights  of  defendant  in  criminal  action. — In  a  criminal  action 
the  defendant  is  entitled : 

a.  To  a  speedy  and  public  trial; 

b.  To  be  allowed  counsel  as  in  civil  actions,  or  to  appear  and 
defend  in  person  and  with  counsel;  and 

c.  To  produce  witnesses  on  his  behalf  and  to  be  confronted  with 
the  witnesses  against  him,  in  the  presence  of  the  court,  except : 

1.  That  the  deposition  of  a  witness  may  be  read,  upon  its  being 
satisfactorily  shown  to  the  court  that  he  is  dead  or  insane  or  cannot 
with  due  diligence  be  found  within  the  Canal  Zone,  in  cases  wherein 
the  charge  has  been  preliminarily  examined  before  a  committing 
magistrate  and  the  testimony  taken  down  in  question  and  answer 
form  in  the  presence  of  the  defendant  who  has  either  in  person  or 
by  counsel  cross-examined  or  had  an  opportunity  to  cross-examine 
the  witness,  or  where  the  testimony  of  a  witness  who  is  unable  to 
give  security  for  his  appearance  has  been  taken  conditionally  on  the 
part  of  the  Government  in  the  like  manner  in  the  presence  of  the 
defendant  who  has  either  in  person  or  by  counsel  cross-examined  or 
had  an  opportunity  to  cross-examine  the  witness;  and 

2.  That  the  testimony  on  behalf  of  the  Go^/ernment  or  the  defend- 
ant of  a  witness  who  is  deceased,  insane,  out  of  the  jurisdiction,  or  who 
cannot  with  due  diligence  be  found  within  the  Canal  Zone,  given  on  a 
former  trial  of  the  action  in  the  presence  of  the  defendant  who  has 
either  in  person  or  by  counsel  cross-examined  or  had  an  opportunity 
to  cross-examine  the  witness,  may  be  admitted.  (Feb.  21,  1933,  ch. 
110,  sec.  5  [11],  47  Stat.  880.) 

Cross-Redpeebnces 

For  similar  and  arMitional  guaranties  see  title  1,  section  1. 
Assignment  of  counsel  for  defeindaut,  see  section  228  of  this  title. 
Public  defender,  see  title  7,  section  43. 

15.  Modes  of  conviction  of  public  offense.— No  person  can  be  con- 
victed of  a  public  oifense  except: 

a.  By  the  verdict  of  a  jury,  accepted  and  recorded  by  the  court; 

b.  Upon  a  plea  of  guilty ; 

c.  Upon  a  judgment  of  the  district  court,  a  jury  having  been 
waived;  or 

d.  Upon  a  judgment  of  a  magistrate's  court.  (Feb.  21,  1933, 
ch.  110,  sec.  1  [2],  47  Stat.  880.) 

Cboss-Referbjnce 
Right  to  trial  by  jury,  see  section  302  of  this  title ;  and  title  7,  section  33. 

16.  "District  attorney"  as  including  assistant. — The  words 
"  district  attorney  ",  as  used  in  this  title,  shall,  during  the  absence 
or  disability  of  the  district  attorney  or  during  a  vacancy  in  that 
office,  include  an  assistant  district  attorney.  (Feb.  21,  1933,  ch.  110, 
sec.  2a  [3a],  47  Stat.  880.) 

17.  Prosecution  of  actions  for  fines,  debts  and  forfeitures  accru- 
ing to  Government.— The  district  attorney  shall  prosecute  all  recog- 

731 


T.  6,  §31] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


nizances  forfeited  and  all  cases  for  the  recovery  of  fines,  penalties, 
debts  and  forfeitures  accruin<2:  to  the  Government  of  the  Canal  Zone. 


Cboss-Refekence 


Enforcement  of  forfeiture  of  undertaking 
title. 


of  bail,   see  section  623  of  this 


CHAPTER  2.— RESISTANCE  TO   OFFENSES;  SELF-DEFENSE 

See. 

3o.  Extent  of  right  of  self-defense. 


Sec. 

31.  Resistance  to  offense  by  party  about  to 

be   injured. 

32.  Aiding  in  defense  of  person  about  to  be 

injured. 

Section  31.  Resistance  to  oft'ense  by  party  about  to  be  injured. — 

Resistance  sufficient  to  prevent  an  offense  may  be  made  by  the  party 
about  to  be  injured: 

a.  To  prevent  an  illegal  attempt  by  force  to  take  or  injure  prop- 
erty in  his  lawful  possession ;  or 

b.  To  prevent  an  offense  against  his  person  or  his  family  or  some 
member  thereof. 

32.  Aiding  in  defense  of  person  about  to  be  injured. — Any  other 
person,  in  aid  or  defense  of  a  person  about  to  In-  injure'^  may  make 
resistance  sufficient  to  prevent  the  offense. 

33.  Extent  of  right  of  self-defense. — The  right  of  self-defense  in 
no  ca.se  extends  to  the  infliction  of  more  harm  tlian  is  necessary  for 
the  purpose  of  defense.  (Feb.  21,  1933,  ch.  109,  sec.  15  [49],  47  Stat. 
860.) 

CllOSS-KEFEiRENCE 

Justifiable  or  excusable  homicide,  see  title  5,  sections  259  to  2G2. 
CHAPTER  3.— SECURITY  TO  KEEP  THE  PEACE 


Sec. 

41.  Complaint  before  magistrate  of  threat- 

ened   offense. 

42.  Examination     of     informer     and     wit- 

nesses. 

43.  Warrant  for  arrest  of  person  informed 

of. 

44.  Taking    of    testimony     in     relation     to 

charge. 

45.  Discharge   of   person   complained    of    in 

absence   of   cause. 
4G.   Requiring    security    where    reason    for 
fear   exists. 


Sec. 

47.  Effect  of  giving  or   failing   to   give   se 

curity. 

48.  Discharge  of  person  committed  for  not 

giving    security. 

49.  Approval  and  filing  of  undertaking. 

50.  Kequiring  .security   in  event   of  assault 

in  presence  of  magistrate. 

51.  Breacli    of    undertaliing. 

52.  Action  upon  the  undertaking. 

53.  Security    to    keep    peace    not    otherwise 

required. 


Section  41.  Complaint  before  magistrate  of  threatened  offense. — 

A  complaint  may  be  laid  before  a  magistrule  that  a  })erson  has 
tlireatened  to  commit  an  offense  a<iainst  the  person  or  property  of 
another.     (Feb.  21,  1933,  ch.  109,  sec.  16  [58],  47  Stat.  861.) 

Cross-Refeuence 
Crimes  against  the  public  peace,  see  title  5,  sections  591  et  scq. 

42.  Examination  of  informer  and  witnesses. — When  the  com- 
plaint is  laid  before  the  magistrate  he  must : 

a.  Examine  under  oath  the  informer  and  any  witness  he  may 
produce ; 


732 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  51 

b.  Take  their  depositions  in  writing  and  cause  them  to  be  sub- 
scribed by  the  parties  making  them;  and 

c.  Examine  all  other  proofs  that  may  be  presented.  (Feb.  21, 
1933,  ch.  109,  sec.  16  [59],  47  Stat.  861.) 

43.  Warrant  for  arrest  of  person  informed  of.— If  it  appears 

that  there  is  just  reason  to  fear  the  commission  of  the  offense  threat- 
ened by  the  person  so  informed  against,  the  magistrate  must  issue 
a  warrant  directed  to  any  constable  or  policeman,  reciting  the  sub- 
stance of  the  complaint  and  commanding  the  officer  forthAvith  to 
arrest  the  person  informed  of  and  bring  him  before  the  magistrate. 
(Feb.  21,  1933,  ch.  109,  sec.  16  [60],  47  Stat.  861.) 

44.  Taking-  of  testimony  in  relation  to  charge. — When  the  per- 
son informed  against  is  brought  before  the  magistrate  a,nd  the 
charge  is  controverted,  the  magistrate  must  take  testimony  in  rela- 
tion thereto.  The  evidence  must  be  reduced  to  writing  and  subscribed 
by  the  w^itnesses. 

45.  Discharge  of  person  complained  of  in  absence  of  cause. — If 

it  appears  that  there  is  no  just  reason  to  fear  the  commission  of 
the  offense  alleged  to  have  been  threatened,  the  person  complained 
of  must  be  discharged  and  tlie  complaining  witness  shall  pay  the 
costs. 

46.  Requiring  security  where  reason  for  fear  exists. — If,  how- 
ever, there  is  just  reason  to  fear  the  commission  of  the  offense, 
the  person  comjjlained  of  may  be  required  to  enter  into  an  under- 
taking in  such  sum,  not  exceeding  $1,000,  as  the  magistrate  may 
direct,  with  one  or  more  sufficient  sureties,  to  keep  the  peace  toward 
tlie  Government  of  the  Canal  Zone  and  particularly  toward  the 
informer.  The  undertaking  shall  be  valid  and  binding  for  six 
months  and  may  upon  the  renewal  of  the  complaint  be  extended  for 
a  longer  period  or  a  new  undertaking  may  be  required. 

47.  Effect  of  giving  or  failing  to  give  security. — If  the  under- 
taking required  by  the  next  preceding  section  is  given,  the  party 
informed  against  must  be  discharged;  if  he  does  not  give  it,  the 
magistrate  shall  commit  him  to  jail,  specifying  in  the  warrant  the 
requirement  to  give  security,  the  amount  thereof,  and  tlie  omission 
to  give  the  same. 

48.  Discharge  of  person  committed  for  not  giving  security. — If 
the  person  complained  of  is  committed  for  not  giving  the  under- 
taking required,  he  may  be  discharged  upon  giving  the  same. 

49.  Approval  and  filing  of  undertaking. — The  undertaking  must 
be  approved  by,  and  filed  with,  the  magistrate. 

50.  Requiring  security  in  event  of  assault  in  presence  of  magis- 
trate.— A  person  who  in  the  presence  of  a  magistrate  assaults  or 
threatens  to  assault  another,  or  to  commit  an  offense  against  his 
person  or  property,  may  be  ordered  by  the  magistrate  to  give  security 
as  provided  in  this  chapter,  and  if  he  refuses  to  do  so,  may  be  com- 
mitted as  provided  in  section  47  of  this  title. 

51.  Breach  of  undertaking. — Upon  the  conviction  of  the  person 
informed  against  of  a  breach  of  the  peace  the  undertaking  is  broken. 

73.H 


T.  G.  §52] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


52.  Action  upon  the  undertaking. — Upon  the  district  attorney's 
producing  evidence  of  sucli  conviction  to  the  district  court,  the  court 
shall  order  the  undertaking  to  be  prosecuted  and  the  district  attorney 
must  thereupon  commence  an  action  upon  it  in  the  name  of  the 
Government  of  the  Canal  Zone. 

53.  Security  to  keep  peace  not  otherwise  required. — Security  to 
keep  the  peace  or  to  be  of  good  behavior  cannot  be  required  except  as 
prescribed  in  this  chapter. 

CHAPTER    4.— TIME    FOR    COMMENCING    CRIMINAL    ACTIONS 


Sec. 

Gl.  No  limitation   in   prosecutions   for   cer- 
tain   felonies. 
Gi'.  Limitation  for  other  felonies. 


Sec. 

63.  Limitation    for   misdemeanors. 

64.  Exception    when    defendant    is    out    of 

Canal  Zone. 


Section  61.  No  limitation  in  prosecutions  for  certain  felonies. — 

Tliere  is  no  limitation  of  time  witliin  which  a  prosecution  for  murder, 
the  embezzlement  of  public  moneys  or  the  falsification  of  public 
records  must  be  commenced. 

62.  Limitation  for  other  felonies. — The  prosecution  for  any  felony 

other  than  murder,  the  embezzlement  of  public  money  or  the  falsifi- 
cation of  public  records,  must  be  commenced  within  three  years  after 
its  commission. 

Cross-Refeeence 

Felony  defined,  see  title  5,  section  24. 

63.  Limitation  for  misdemeanors. — The  prosecution  for  any  mis- 
demeanor must  be  commenced  within  one  year  after  its  commission. 

Ceoss-Ree^erence 

Misdemeanor  defined,  see  title  5,  section  24. 

64.  Exception  when  defendant  is  out  of  Canal  Zone. — If,  when 

the  offense  is  committed,  the  defendant  is  out  of  the  Canal  Zone 
the  information  may  be  filed  within  the  term  herein  limited,  after 
his  coming  within  the  Canal  Zone,  and  no  time  during  which  the 
defendant  is  not  an  inhabitant  of,  or  usually  resident  within,  the 
Canal  Zone,  shall  be  a  part  of  the  limitation. 

CHAPTER  5.— WARRANT  OF  ARREST 


Sec. 

71.  Magistrates  and  district  attorney  may 

issue    warrants. 

72.  Complaint  as   prerequisite   to    issuance 

of  warrant  by  magistrate. 

73.  Aflidavit  must  contain  nature  and  par- 

ticulars  of  offense. 


Sec. 

74.  Issuance  of  warrant  of  arrest. 

75.  Natuie  and  form  of  warrant  of  arrest. 

76.  Requisites  of  warrant. 


Section  71.  Magistrates  and  district  attorney  may  issue  war- 
rants.— The  magistrates  and  the  district  attorney  shall  have  power 
to  issue  warrants  for  the  arrest  of  persons  charged  with  public 
offenses.     (Feb.  21,  1933,  ch.  110,  sec.  6  [12],  47  Stat.  881.) 

Cross-Refeeenck 
Warrant  of  arrest  for  threatened  breach  of  peace,  see  section  43  of  this  title. 


734 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  76 

72.  Complaint  as  prerequisite  to  issuance  of  warrant  by  magis- 
trate.— Before  a  magistrate  shall  issue  a  warrant  in  any  case,  a  com- 
plaint must  be  made  by  affidavit  of  the  complaining  witness,  clearly 
charging  therein  the  offense  committed,  and  such  affidavit  must  be 
signed  by  the  complaining  witness.  (Feb.  21,  1933,  ch.  110,  sec.  7a 
[18],  47  Stat.  881.) 

73.  Affidavit  must  contain  nature  and  particulars  of  offense. — 

Every  affidavit  shall  contain  as  particularly  as  can  be  done  the 
nature  of  the  offense  charged  and  the  particulars  as  to  the  time, 
place,  person  and  property,  so  as  to  enable  the  defendant  to  under- 
stand the  nature  and  character  of  the  offense.  (Feb.  21,  1933,  ch. 
110,  sec.  8  [19],  47  Stat.  881.) 

74.  Issuance  of  warrant  of  arrest. — When  a  magistrate  before 
whom  a  complaint  has  been  made  is  satisfied  that  the  complaint 
charges  an  offense,  he  shall  forthwith  issue  a  warrant  of  arrest  for 
the  offending  party,  directed  to  any  peace  officer,  commanding  the 
officer  to  arrest  the  offender  forthwith  and  bring  him  before  the 
magistrate.     (Feb.  21,  1933,  ch.  110,  sec.  9  [20],  47  Stat.  881.) 

Cros  s-Refeeences 

Who  are  i>eace  officers,  see  section  84  of  this  title. 

Maliciously  procuring  warrant  of  arrest,  see  title  5,  section  171. 

75.  Nature  and  form  of  warrant  of  arrest. — A  warrant  of  arrest 
is  an  order  in  writing,  in  the  name  of  the  Government  of  the  Canal 
Zone,  signed  by  a  magistrate  or  other  authority  commanding  the 
arrest  of  the  defendant,  and  shall  be  substantially  as  follows : 

The  Government  of  the  Canal  Zone  to  any  peace  officer  of  the 
Canal  Zone. 

Complaint  upon  oath  having  been  made  by on  this 

day  of before  me ,  Magistrate,  that  the 

offense  of  (designating  it  generally)   has  been  committed,  and 

charging there v\^ith,  you  are  hereby  commanded  to  arrest 

forthwith  the  above-named and  bring  him  before  me  at 

(naming  the  place),  and  thereof  do  not  fail. 

76.  Requisites  of  warrant. — The  warrant  must  specify  the  name 
of  the  defendant,  or,  if  it  is  unknown  to  the  magistrate,  the  defend- 
ant may  be  designated  therein  by  any  name.  It  must  also  state  the 
time  of  issuing  it,  and  the  place  where  it  is  issued,  and  be  signed 
by  the  magistrate,  with  his  name  and  office.  The  warrant  must  be 
directed  to  and  executed  by  a  peace  officer.  (Feb.  21,  1933,  ch.  110, 
sec.  11  [21a],  47  Stat.  881.) 

Ceoss-Rei'eirbnce 

Endorsement  permitting  arrest  for  misdemeanor  at  night,  see  section  90  of 
this  title. 


735 


T.6,  §81] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


CHAPTER  6.— ARREST 


Sec. 

81.  Arrest   defined. 

81.'.  Arrest  made  by  actual  restraint  or 
submission  ;  unnecessary  restraint. 

So.  Arrests  by  peace  officers  with  or  with- 
out  warrant. 

84.  Wtio    are   peace   officers. 

85.  Arrests  by  private  persons. 

8(5.  Oral  order  tor  arrest  for  offenses  in 
presence  of  judge  or  district  at- 
torney. 

87.  Authority  of  peace  officer  to  summon 

assistance ;     disobedience     to     sum- 
mons. 

88.  Authority  of  person  making  arrest  to 

summon    assistance. 

89.  Authority  to  execute  ^\  arrant  in  either 

division  or  subdivision. 

90.  Time  when  arrests  may  be  made. 


Sec. 

91.  Manner  of  making  arrest. 

92.  Duty  to   show   warrant. 

03.   Use     of     all     reasonable     means     au- 
thorized. 

94.  Breaking  door  or  window   open  to  ef- 

fect  arrest. 

95.  Breaking  door  or  window  open  to  lib- 

erate  self. 
OG.  Taking  weapons  from  person  arrested. 

97.  Duty     of     prlrate     person     who     has 

made  an  arrest. 

98.  Duty  of  officer  arresting  with  warrant. 

99.  Taking   person  arrested   without   war- 

rant before  magistrate. 

100.  Pursuit    and    retaking    of    person    ar- 

rested who  escapes  or  is  rescued. 

101.  Breaking  doors   or  windows  to   retake 

person  escaping  or  rescued. 


Section  81.  Arrest  defined. — An  arrest  is  taking  a  person  into 
custody  ill  a  case  and  in  the  manner  authorized  by  law. 

Cross-Refeiiences 

Bail,  see  sections  541  to  637  of  this  title. 

Offenses  in  lelation  to  arrest,  see  title  5,  sections  171  et  seq. 

82.  Arrest  made  by  actual  restraint  or  submission ;  unnecessary 
restraint. — An  arrest  is  made  by  an  actual  restraint  of  the  person  of 
the  defendant,  or  by  his  submission  to  the  custody  of  an  officer.  The 
defendant  must  not  be  subjected  to  any  more  restraint  than  is  neces- 
sary for  his  arrest  and  detention. 

Cross-Reference 
Prohibition  of  unnecessary  restraint,  see  also  .section  11  of  thi.s  title. 

83.  Arrests  by  peace  officers  with  or  without  warrant. — A  peace 
officer  may  make  an  arrest  in  obedience  to  a  warrant  delivered  to  him, 
or  may  Avithout  a  w^arrant  arrest  a  person : 

a.  For  a  public  offen.se  committed  or  attempted  in  the  presence  of 
the  officer; 

b.  AVhen  the  person  has  committed  a  felony  althouo;li  not  in  the 
presence  of  the  officer; 

c.  When  a  felony  has  in  fact  been  committed  and  the  officer  has 
reasonable  cause  for  believing  the  person  to  have  committed  it ; 

d.  On  a  charge  made,  upon  a  reasonable  cause,  of  a  commission  of 
felony  by  the  person ;  or 

e.  At  night,  when  there  is  reasonable  cause  to  believe  that  the  per- 
son has  committed  a  felony. 

84.  Who  are  peace  officers. — The  following  are  peace  officers : 

a.  The  marshal  and  deputy  marshals; 

b.  Constables  of  the  magistrates'  courts ;  and 

c.  All  officers  and  members  of  the  police  force.  (Feb.  21,  1933,  ch. 
110,  sec.  12  [21  b],  47  Stat.  882.) 

85.  Arrests  by  private  persons. — A  private  person  may  arrest 
another : 

a.  For  a  public  offense  committed  or  attempted  in  his  presence; 


736 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  93 

b.  When  the  person  arrested  has  committed  a  felony  although  not 
in  his  presence;  or 

c.  When  a  felony  has  been  in  fact  committed  and  he  has  reasonable 
cause  for  believing  the  person  arrested  to  have  committed  it. 

86.  Oral  order  for  arrest  for  offenses  in  presence  of  judge  or 
district  attorney. — The  district  judge,  district  attorney,  or  a  magis- 
trate may  orally  order  a  peace  officer  or  private  person  to  arrest  any- 
one committing  or  attempting  to  commit  a  public  offense  in  the 
presence  of  such  judge,  district  attorney  or  magistrate. 

87.  Authority  of  peace  officer  to  summon  assistance. — Any  peace 
officer  attempting  to  serve  any  criminal  process  issued  by  a  court  or 
other  authority,  may  summon  a  sufficient  number  of  men  to  assist  in 
the  arresting  or  safekeeping  of  any  person  who  refuses  to  be  taken 
or  who  is  likely  to  make  his  escape. 

Ckoss-Reference 

Punishment  for  failure  to  assist  iu  arrest  wlieu  required,  see  title  5,  section 
175. 

88.  Authority  of  person  making  arrest  to  summon  assistance. — 

Any  person  making  an  arrest  may  orally  isummon  as  many  persons 
as  he  deems  necessary  to  aid  him  therein. 

89.  Authority  to  execute  warrant  in  either  division  or  sub- 
division.— A  warrant  of  arrest  may  be  executed  in  either  division 

or  subdivision  of  the  Canal  Zone.  (Feb.  21,  1933,  ch.  110,  sec.  41 
[114a],  47  Stat.  886.) 

90.  Time  when  arrests  may  be  made. — ^If  the  offense  charged  is 
a  felony,  the  arrest  may  be  made  on  any  day  and  at  any  time  of  day 
or  night.  If  it  is  a  misdemeanor,  the  arrest  cannot  be  made  at  night, 
except  upon  direction  of  a  magistrate  by  indorsement  on  the  warrant 
or  except  when  the  offense  is  committed  in  the  presence  of  the  arrest- 
ing officer.     (Feb.  21,  1933,  ch.  110,  sec.  40  [113],  47  Stat.  886.) 

91.  Manner  of  making  arrest. — The  person  making   an  arrest 

must  inform  the  person  to  be  arrested  of  the  intention  to  arrest  him, 
of  the  cause  of  the  arrest,  and  the  authority  to  make  it,  except  when 
the  person  to  be  arrested  is  actually  engaged  in  the  commission  of 
or  an  attempt  to  commit  an  offense,  or  is  pursued  immediately  after 
its  commission,  or  after  an  escape. 

92.  Duty  to  show  warrant. — If  the  person  making  the  arrest  is 

acting  under  the  authority  of  a  warrant,  he  must  show  the  warrant, 
if  required. 

93.  Use  of  all  reasonable  means  authorized. — If  a  person  about 
to  be  arrested  either  flees  or  forcibly  resists,  after  he  has  been  in- 
formed of  the  intention  of  the  arresting  officer  to  place  him  under 
arrest,  the  officer  may  use  all  reasonable  means  to  effect  the  arrest, 
(Feb.  21,  1933,  ch.  110,  sec.  42  [116],  47  Stat.  886.) 

Cross-References 

.Justifiable  homicide,  see  title  5,  sections  260  and  261. 
Resisting  arrest,  see  title  5,  section  178. 

787 


T.  6,  §  94]  THE  CODE  OF  CRIMINAL  PROCEDURE 

94.  Breaking  door  or  window  open  to  effect  arrest. — To  make  an 

arrest,  a  private  person,  if  the  offense  be  a  felony,  and  in  all  cases 
a  peace  officer,  may  break  open  the  door  or  window  of  the  house  iji 
which  the  person  to  be  arrested  is,  or  in  which  they  have  reasonable 
grounds  for  believing  him  to  be,  after  having  demanded  admittance 
and  explained  the  purpose  for  which  admittance  is  desired. 

95.  Breaking  door  or  window  open  to  liberate  self. — Any  person 
who  has  lawfully  entered  a  house  for  the  purpose  of  making  an 
arrest  may  break  open  the  door  or  window  thereof  if  detained 
therein,  when  necessary  for  the  purpose  of  liberating  himself,  and_  an 
officer  may  do  the  same  when  necessary  for  the  purpose  of  liberating 
a  person  who,  acting  in  his  aid,  lawfully  entered  for  the  purpose  of 
making  an  arrest  and  is  detained  therein. 

96.  Taking  weapons  from  person  anested. — Any  person  making 
an  arrest  may  take  from  the  person  arrested  all  dangerous  weapons 
which  he  may  have  about  his  person.  (Feb.  21,  1933,  ch.  110,  sec. 
43  [119],  47  Stat.  886.) 

97.  Duty  of  private  person  who  has  made  an  arrest. — A  private 

person  who  has  arrested  another  for  the  commission  of  an  offense 
must  without  unnecessary  delay  take  the  person  arrested  before  a 
magistrate  or  deliver  him  to  a  peace  officer.  (Feb.  21,  1933,  ch.  110, 
sec.  17  [26],  47  Stat.  883.) 

98.  Duty  of  officer  arresting  with  warrant. — An  officer  making 
an  arrest  in  obedience  to  a  warrant  must  proceed  with  the  person 
arrested  as  commanded  by  the  warrant  or  as  provided  by  law. 

99.  Taking  person  arrested  without  warrant  before  magis- 
trate.— When  an  arrest  is  made  without  a  warrant  by  a  peace  officer 
or  private  person,  the  person  arrested  must  be  taken  without  un- 
necessary delay  before  the  magistrate  of  the  subdivision  in  which  the 
arrest  is  made,  and  a  complaint  stating  the  charge  against  the  person 
arrested  shall  be  made  before  such  magistrate  at  once. 

100.  Pursuit  and  retaking  of  person  arrested  who  escapes  or  is 
rescued. — If  a  person  arrested  escapes  or  is  rescued  the  person  from 
whose  custody  he  escaped  or  was  rescued  may  immediately  pursue 
and  retake  him  at  any  time  and  in  any  place. 

101.  Breaking  doors  or  windows  to  retake  person  escaping  or 
rescued. — To  retake  the  person  escaping  or  rescued,  the  person  pur- 
suing may  break  open  an  outer  or  inner  cloor  or  window  of  a  dwelling 
house  if  after  notice  of  his  intention  he  is  refused  admittance. 

CHAPTER  7.— POWERS  AND  DUTIES  OF  MAGISTRATES  IN  GENERAL 


Sec. 

111.  General  power.s  of  magistrates. 

112.  Publicity    of    proceedings. 

113.  Keeping  of  criminal  doclcet. 


Sec. 

114.  Depositing   docljets    and    papers    with 

successor. 

115.  Authority    of    one    magistrate    to    act 

for    otlier. 


Section  111.  General  powers  of  magistrates. — A  magistrate  may : 

a.  Preserve  and  enforce  order; 

b.  Enforce  order  in  the  proceedings  before  him  and  provide  for 
the  orderly  conduct  thereof; 


738 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  115 

c.  Compel  obedience  to  his  judgments,  orders  and  processes  in  an 
action  or  proceeding  pending  therein; 

d.  Control,  in  the  furtherance  of  justice,  the  conduct  of  all  persons 
in  any  manner  connected  with  the  judicial  proceeding  before  him, 
and  in  every  other  matter  appertaining  thereto; 

e.  Compel  the  attendance  of  persons  to  testify  in  any  proceeding 
pending  therein  in  the  cases  and  manner  provided  in  this  title  and 
Title  5,  The  Criminal  Code;  .  . 

f.  Administer  oaths  in  an  action  or  proceeding  pending  therein 
and  in  all  other  cases  where  it  may  be  necessary  in  the  exercise 
of  power  and  duty;  and 

g.  Command  and  control  his  processes  and  orders  so  as  to  make 
them  conformable  to  law  and  justice.     (Feb.  21,  1933,  ch.  110,  sec.  25 

[52],  47  Stat.  884.) 

Ceoss-Refeeences 

Bail,  see  sections  541  to  637  of  tliis  title. 

Compelling  attendance  of  witnesses,  see  sections  651  to  661  of  this  title. 

Establishment  and  jurisdiction  of  magistrates'   courts,  see  title  7,  sections 

Examination  of  witnesses  conditionally,  see  sections  147,  and  681  to  691  of 

Powers  in  relation  to  habeas  corpus  in  absence  of  district  judge,  see  section 
724  of  this  title.  .  ,    ^        ^.       o 

Rules  governing  magistrates'  courts,  see  title  7,  section  b. 

112.  Publicity  of  proceedings.— All  proceedings  before  magis- 
trates shall  be  public. 

113.  Keeping  of  criminal  docket.— Every  magistrate  must  keep  a 
book  denominated  the  "  criminal  docket ",  which  shall  be  separate 
and  distinct  from  the  civil  docket,  in  which  he  must  enter: 

a.  The  title  of  every  action  or  proceeding  which  shall  be  ihe 
Government  of  the  Canal  Zone  vs. ,  defendant ;  " 

b.  The  date  of  the  warrant ; 

c.  The  defendant's  name  and  when  arrested ; 

d.  The  names  of  the  complaining  witnesses ; 

e.  The  time  of  issuing  summons  and  the  return  thereon  by  the  per- 
son who  served  it;  and 

f.  The  time  of  trial  and  the  judgment  thereon,  or  it  there  be  no 
trial  under  a  plea  of  guilty,  the  amount  of  fine  or  time  of  imprison- 
ment, or  if  it  be  a  case  in  which  the  offense  is  beyond  the  jurisdiction 
of  the  magistrate's  court,  the  commitment  or  bail,  or  whatever  pro- 
ceeding is  had  therein.  .  ^    j>  .^  i. 

There  shall  also  be  in  each  case  an  itemized  statement  ot  the  costs 

and  expenses. 

114.  Depositing    dockets   and   papers   with    successor.— Every 

magistrate,  upon  the  expiration  of  his  term  of  office,  must  deposit 
wdth  his  successor  his  official  dockets  and  the  papers  filed  m  his 
office,  or  any  others  which  may  be  in  his  custody  to  be  kept  as  records. 

115.  Authority  of  one  magistrate  to  act  for  other.— One  magis- 
trate may  conduct  the  proceedings  of  the  magistrate  of  the  other 
subdivision  upon  inability  to  act,  sickness  or  any  other  cause.  In 
such  cases  the  proper  entry  of  the  proceedings  of  such  magistrate 

739 


T.  6,  §  121]  THE  CODE  OF  CRIMINAL  PROCEDURE 

SO  acting  shall  be  made  in  the  docket  of  the  magistrate  for  whom 
he  so  acts.     (Feb.  21,  1933,  ch.  110,  sec.  7  [14],  47  Stat.  881.) 

CHAPTER  8.— TRIAL  OF  OFFENSES  IN  MAGISTRATES'  COURTS 


Sec. 

121.  Postponement   of   trial. 

122.  Summoning  witnesses  for  defense. 

123.  Summoning  witnesses  for  prosecution. 

124.  Reading  complaint  to  defendant ;  plea. 


Sec. 

125.  Proceedings  on  plea  of  guilty. 

126.  I'roccedings  on  plea  of  not  guilty. 

127.  Imprisonment  for  failure  to  pay  fine. 


Section  121.  Postponement  of  trial. — Before  the  commencement 
of  a  trial  in  a  magistrate's  court,  either  party,  upon  good  cause 
shown,  may  have  a  postponement  of  the  same  for  not  more  than 
three  days. 

Cross-Refebences 

Bail,  see  sections  541  to  687  of  this  title. 

Compromising  certain  offenses  by  leave  of  court,  see  sections  801  to  804  of 
this  title. 

Establishment  and  jurisdiction  of  magistrates'  courts,  see  title  7,  sections  1 
and  2. 

Rules  governing  magistrates'  courts,  see  title  7,  section  6. 

122.  Summoning  witnesses  for  defense. — Whenever  a  person  ar- 
rested charged  with  an  offense  cognizable  by  a  magistrate  is  placed 
on  trial,  he  shall  give  the  names  of  his  witnesses,  if  he  has  any,  and 
their  places  of  abode;  and  the  magistrate  shall  forthwith  issue  sub- 
penas  for  them  to  testify  in  the  cause.  The  subpenas  shall  state  the 
day,  hour  and  place  of  trial.  (Feb.  21,  1933,  ch.  110,  sec.  14  [23], 
47  Stat.  882.) 

Ckoss-Refekences 

Compelling  attendance  of  witnesses,  see  sections  111  o  and  GHl  to  661  of  this 
title. 

Contempt  of  court,  see  title  5,  section  212. 

123.  Summoning  witnesses  for  prosecution. — When  a  day  is  set 
for  trial  by  the  magistrate,  the  witnesses  for  the  prosecution  shall 
immediately  be  summoned.  Subpenas  being  issued  and  served  upon 
them,  they  shall  appear  before  the  magistrate  where  the  trial  is  to 
take  place. 

124.  Reading  complaint  to  defendant,  plea. — When  a  defendant 
is  put  upon  trial  in  a  magistrate's  court,  the  magistrate  shall  read 
the  complaint  to  the  defendant,  whereupon  the  defendant  may  plead 
to  it,  which  plea  shall  be  "  guilty  "  or  "  not  guilty  ".  If  the  defend- 
ant refuses  to  answer  or  plead,  the  magistrate  shall  enter  a  plea  of 
not  guilty.     (Feb.  21,  1933,  ch.  110,  sec.  15  [24],  47  Stat.  882.) 

125.  Proceedings  on  plea  of  guilty. — If  the  defendant  pleads 
guilty  the  magistrate  shall  hear  testimony  to  determine  the  gravity 
of  the  offense,  and,  within  twenty-four  hours  thereafter,  shall  render 
judgment  as  to  the  punishment  to  be  inflicted.  (Feb.  21,  1933,  ch. 
110,  sec.  15  [24],  47  Stat.  882.) 

126.  Proceedings  on  plea  o(  not  guilty. — After  having  heard  the 
charge,  if  the  defendant  pleads  not  guilty,  the  proceedings  shall  be 
as  follows: 

740 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  131 

a.  The  witnesses  for  the  prosecution  shall  be  examined  under  oath. 
The  oath  shall  be  as  follows :  "  You  do  solemnly  swear  before  Al- 
mighty God  that  you  will  tell  the  truth,  the  whole  truth,  and  nothing 
but  the  truth,  in  the  matter  now  pending  before  me." 

b.  The  witnesses  for  the  defendant,  including  the  defendant  him- 
self if  he  wishes  to  testify,  shall  be  examined  under  oath;  if  the 
defendant  does  not  testify,  that  fact  cannot  be  used  against  him. 

c.  Witnesses  for  the  prosecution  may  be  called  lo  testify  in  re- 
buttal only  of  testimon}^  given  by  the  defendant  or  his  witnesses. 

d.  The  magistrate  shall  then  consider  the  evidence,  and  within 
twenty-four  hours  thereafter  shall  render  judgment.  The  trial  must 
be  had  and  the  judgment  rendered  in  the  presence  of  the  defendant. 
If  the  defendant  is  acquitted,  he  shall  be  immediately  released.  If 
the  defendant  is  adjudged  guilt}^,  the  magistrate  shall,  within  the 
time  limit,  fine  or  commit  him  to  jail,  or  both,  as  the  case  may  be. 
(Feb.  21, 1933,  ch.  110,  sec.  16  [25],  47  Stat.  882.) 

Cross-Referen  ces 

Commencement  of  term  of  imprisonment,  soe  section  517  of  tliis  title. 

Competency  of  witnesses,  see  sections  671  to  673  of  this  title. 

Consecutive  running  of  sentences,  see  section  516  of  this  title. 

Determination  of  punishment  where  undetermined  between  limits,  see  section 
483  of  this  title. 

Disposition  of  fines,  see  title  7,  section  6. 

Disposal  of  stolen  or  embezzled  property  which  is  recovered,  see  sections  821 
to  827  of  this  title. 

Duty  of  magistrate  to  determine  and  impose  punishment,  see  section  482  of 
this  title. 

Execution  of  judgment  for  imprisonment  in  jail,  see  section  515  of  this  title. 

Suspension  of  sentence,  and  probation,  see  sections  500  and  501  of  this  title. 

Temporary  releases  not  part  of  term  of  imprisonment,  see  section  518  of  this 
title. 

127.  Imprisonment  for  failure  to  pay  fine. — When  a  judgment 
is  rendered  against  a  defendant  that  he  pay  a  finCj  should  he  fail  to 
do  so  at  once,  the  magistrate  shall  commit  him  to  ]ail,  to  be  confined 
one  day  for  each  dollar  of  fine  remaining  unpaid ;  but  such  imprison- 
ment shall  not  exceed  thirty  days  in  any  case.  (Feb.  21, 1933,  ch.  110, 
sec.  24  [50],  47  Stat.  883.) 

CHAPTER  9.— APPEALS  TO  DISTRICT  COURT 


Sec. 

131.  Right    of    appeal. 
i;^2.  Manner   of   taking  appeal. 
133.  Transmitting   warrant   and   complaint 
to    district    court. 


Sec. 

134.  Trial  de  novo  in  district  court. 

135.  Amendment    of    complaint    in    distri(  t 

court. 


Section  131.  Right  of  appeal. — Appeals  from  the  judgments  and 
rulings  of  the  magistrates'  courts  to  the  district  court  are  authorized 
in  all  criminal  cases.  (Aug.  24,  1912.  ch.  390,  sec.  7,  37  Stat.  564; 
Sept.  21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91,  sec. 
1,  47  Stat.  814  [U.S.  Code,  title  48,  sec.  1343].) 

Cross-References 

See  also  title  7,  section  7. 

Jurisdiction  of  appeals,  see  title  7,  section  23. 

741 


T,  6,  §  132] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


132.  Manner  of  taking  appeal. — An  appeal  from  the  judgment 
of  a  magistrate's  court  may  be  taken  by  the  defendant  by  giving 
notice  in  open  court  of  his  intention  so  to  do  at  the  time  the  judg- 
ment is  rendered.     (Feb.  21,  1933,  ch.  110,  sec.  23  [44],  47  Stat.  883.) 

Ckoss-Reference 
Bail  on  appeal,  see  sections  545,  591  aud  592  of  this  title. 

133.  Transmitting  warrant  and  complaint  to  district  court. — 

Upon  the  perfection  of  such  an  appeal  the  magistrate  shall  forth- 
with transmit  the  warrant  and  the  complaint  to  the  clerk  of  the 
district  court.     (Feb.  21,  1933,  ch.  110,  sec.  23  [44],  47  Stat.  883.) 

134.  Trial  de  novo  in  district  court. — All  offenses  triable  in  the 
magistrates'  courts,  when  appealed  to  the  district  court,  shall  be 
tried  de  novo  on  the  original  complaint  and  warrant.  (Feb.  21, 
1933,  ch.  110,  sec.  38  [97],  47  Stat.  885.) 

135.  Amendment  of  complaint  in  district  court. — The  complaint 
may,  however,  be  amended  in  the  district  court  as  to  matters  of  form 
or  substance  where  the  rights  of  the  defendant  are  not  substantially 
prejudiced  thereby;  but  the  amended  complaint  may  not  charge  a 
crime  different  from  that  charged  or  sought  to  be  charged  in  the 
original  complaint.  (Feb.  21,  1933,  ch.  110,  sec.  38  [97],  47  Stat. 
885.) 

CHAPTER     10.— PRELIMINARY     HEARING     BY     MAGISTRATES     OF 
OFFENSES    TRIABLE    IN    DISTRICT   COURT 


Sec. 

141.  Preliminary    hearing.' 

142.  Committing      defendant     to      district 

court. 

143.  Form   of  commitment. 

144.  Bindins      Govcrument      witnesses      by 

■written  undertaking  to  appear. 

145.  Requiring   security   for   appearance   of 

witnesses   where   necessary. 

146.  Imprisonment  of  witnesses  on  refusal 

to  enter  into  undertaking. 


Sec. 

147.  Conditional    examination    of    witness 

unable  to  procure  sureties. 

148.  Keeping  of  papers  on  file. 

149.  Deliveiy   of   transcript    and   papers   to 

district  attorney  ;  return  thereof. 

150.  Turning   over    undertakings   or    money 

deposits  to  district  court. 


Section  141.  Preliminary  hearing. — When  a  person  is  charged, 
other  than  by  information  direct,  with  an  offense  not  triable  before 
a  magistrate,  the  magistrate  shall  hold  a  preliminary  hearing  and  if 
he  is  satisfied  that  the  offense  has  been  committed  and  that  there 
exists  probable  cause  that  the  defendant  has  committed  the  same, 
he  shall  remand  the  defendant  to  jail,  or  admit  him  to  bail,  as  the 
case  may  be,  for  his  appearance  before  the  district  court  to  answer 
the  charge.  If  there  is  no  evidence  than  an  offense  has  been  com- 
mitted, or  no  probable  cause  showing  the  defendant's  connection  there- 
with, he  shall  be  discharged.  (Feb.  21,  1933,  ch.  110,  sec.  22  [41], 
47  Stat.  883.) 

Ckoss-Re:ferencks 

Bail  upon  being  lield  to  answer  before  information,  see  sections  571  to  .575 
of  this  title. 

Jurisdif'tion  to  hold  preliminary  hearings,  see  title  7,  section  3. 

Proceedings  on  complaint  against  corporation,  see  se-tions  S31  to  837  of  this 
title. 


742 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  147 

142.  Committing  defendant  to  district  court. — When  a  magis- 
trate orders  the  defendant  to  be  hehj  to  answer,  after  preliminary 
hearing  in  cases  triable  in  the  district  court,  he  must  make  out  a 
connnitnient  signed  by  him  with  his  name  and  office  and  deliver  it 
with  the  defendant  to  the  officer  to  whom  he  is  committed,  or  if  that 
officer  is  not  present,  to  a  peace  officer,  who  must  deliver  the  defend- 
ant to  the  proper  custody,  together  with  the  commitment. —  (Feb.  21, 
1933,  ch.  110,  sec.  20  [33],  47  Stat.  883.) 

Cboss-Referenck 

Filing  of  informtition  after  coinmitment,  see  section  174  of  this  title. 

143.  Form  of  commitment. — The  commitment  must  be  to  the  fol- 
lowing effect: 

Magistrate's  Court, 
Town  and  Subdivision  of , 

The  Government  of  the  Canal  Zone,  to  the  warden  of  the  jail 
of 

An  order  having  been  this  day  made  by  me,  that be 

held  to  answer  upon  a  charge  of  (stating  briefly  the  nature  of 
the  offense  and  giving  as  near  as  ma}^  be  the  time  when  and  the 
place  wdiere  the  same  w^as  committed),  you  are  commanded  to 
receive  him  into  your  custody  and  detain  him  until  he  is  legally 
discharged. 

Dated  this day  of ,  nineteen 

144.  Binding  Government  witnesses  by  written  undertaking  to 
appear. — On  holding  the  defendant  to  answer,  the  magistrate  may 
take  from  each  of  the  material  witnesses  examined  before  him  on  the 
part  of  the  Government  a  written  undertaking  to  the  effect  that  he 
will  appear  and  testify  at  the  court  to  which  the  warrant  and  other 
proceedings  are  to  be  sent,  or  that  he  will  forfeit  the  sum  of  $100. 

145.  Requiring  security  for  appearance  of  witnesses  where  nec- 
essary.— When  a  magistrate  is  satisfied  by  proof  on  oath  that  there 
is  reason  to  believe  that  any  such  witness  will  not  appear  and  testify 
unless  security  is  required,  he  may  order  the  witness  to  enter  into 
a  written  undertaking,  with  sureties,  in  such  sum  as  he  may  deem 
proper  for  his  appearance  as  specified  in  the  next  preceding  section. 

146.  Imprisonment  of  witnesses  on  refusal  to  enter  into  under- 
taking.— If  a  witness,  required  to  enter  into  an  undertaking  to 
appear  and  testify,  either  with  or  without  sureties,  refuses  compli- 
ance with  the  order  for  that  purpose,  the  magistrate  must  commit 
him  to  jail  until  he  complies  or  is  legally  discharged. 

147.  Conditional  examination  of  witness  unable  to  procure  sure- 
ties.— When,  how^evei',  it  satisfactorily  appears  by  examination,  on 
oath,  of  the  w^itness  or  any  other  person,  that  the  Avitness  is  unable 
to  procure  sureties,  he  may  be  forthwith  conditionally  examined  on 
behalf  of  the  Government.  Such  examination  must  be  by  question 
and  answer,  in  the  presence  of  the  defendant  or  after  notice  to  him 
if  on  bail,  and  conducted  in  the  manner  provided  in  sections  686  to 
690  of  this  title,  and  the  witness  thereupon  discharged;  and  such 

743 


T,  6,  §  148]  TEE  CODE  OF  CRIMINAL  PROCEDURE 

deposition  may  be  used  upon  the  trial  under  the  same  conditions  as 
mentioned  in  section  691  of  this  title;  but  this  section  does  not  apply 
to  an  accomplice  in  the  commission  of  the  offense  charged. 

Cross-Reference 

Conditional  examination  of  witnesses  generally,  see  sections  681  to  691  of 
this  title. 

148.  Keeping  of  papers  on  file. — A  magistrate  shall  keep  all 
papers  relating  to  criminal  matters  in  which  preliminary  hearing  has 
been  held  in  good  order  and  on  file  in  his  office  for  a  term  not  to 
exceed  two  days.     (Feb.  21,  1933,  ch.  110,  sec.  26  [59],  47  Stat.  884.) 

149.  Delivery  of  transcript  and  papers  to  district  attorney;  re- 
turn thereof. — Within  the  time  mentioned  in  the  next  preceding 
section  the  magistrate  shall  deliver  to  the  district  attorney  a  tran- 
script of  all  proceedings  had  in  such  cases,  and  all  papers  relating 
thereto  including  the  original  complaint,  warrant,  affidavits  and  the 
names  of  the  witnesses.  The  district  attorney  shall  return  all  such 
papers  to  the  magistrate  in  every  case  in  which  the  district  attorney 
does  not  file  an  information.  (Feb.  21,  1933,  ch.  110,  sec.  26  [59], 
47  Stat.  884.) 

150.  Turning  over  undertakings  or  money  deposits  to  district 
court.— After  the  filing  of  an  information  by  the  district  attorney, 
the  magistrate  shall  turn  over  to  the  clerk  of  the  district  court  all 
undertakings  or  moneys  deposited  in  lieu  thereof  with  the  magistrate 
for  appearance  in  the  district  court.  (Feb.  21,  1933,  ch.  110,  sec. 
27  [60],  47  Stat.  884.) 

CHAPTER  11.— PLEADING  AND  INFORMATION 

Art.  See. 


Art.  Sec. 

1.  (Jeneral     provisions 161 

2.  Filing  of  information 171 

3.  Hequisites   and    sufficiency   of   infor- 

mation  181 


4.  Informations      for      particular      of- 

fenses   201 

5.  Principals     and     accessories ;     pros- 

ecution  trial   and    punishment 211 


Cross-References 

Compromising  certain  offenses  by  leave  of  court,  see  sections  801  to  804  of 
this  title. 

Dismissal  of  action  before  or  after  information,  see  sections  791  to  795 
of  this  title. 

ARTICLE  1.— GENERAL  PROVISIONS 

Sec.  I    Sec. 

161.   Forms  and  rules  of  pleading.  162.  Materiality  of  errors  or  departures  In 

I  pleading. 

Section  161.  Forms  and  rules  of  pleading. — All  the  forms  of 
pleading  in  criminal  actions,  and  the  rules  by  which  the  sulHciency 
of  pleadings  is  to  be  determined,  are  those  j)rescribed  by  this  title. 

162.  Materiality  of  errors  or  departures  in  pleading. — Neither  a 
departure  from  the  form  or  mode  prescribed  by  this  title  in  respect 
to  any  pleading  or  proceedings,  nor  an  error  or  mistake  therein, 

744 


TEE  CODE  OF  CRIMINAL  PROCEDURE  T.  6,  §  174 

renders  it  invalid  unless  it  has  actually  prejudiced  the  defendant 
or  tended  to  his  prejudice  in  respect  of  a  substantial  right. 

Cros  s-Refei:  en  ce 
Defects  of  form  in  iiifoniiatiou,  see  section  189  of  this  title. 

ARTICLE  2.— FILING    OF    INFORMATION 


Sec. 

171.  Information   defined. 

172.  Offenses  prosecuted  by  information. 

173.  Investigation  by  district  attorney  after 

commitment   of   defendant. 

174.  Filing  information   after  sucli  investi- 

gation. 


Sec. 

175.  Informations  filed  vyith  clerk. 

176.  Ordering  discharge  after  such  investi- 

gation. 

177.  Remanding  cause  to  magistrate. 


171.  Information  defined. — The  information  is  an  allegation  in 
writing  made  to  the  district  court  by  the  district  attorney  charging 
a  person  with  a  public  offense,  and  is  the  first  pleading  on  the  part 
of  the  Government  in  all  criminal  matters  within  the  original  juris- 
diction of  the  district  court.  (Feb.  21,  1933,  ch.  110,  sec.  28  [62], 
47  Stat.  884.) 

Ckoss-References 

Amendment  of  information,  see  section  257  of  ttiis  title. 
Filing  of  information  against  corporation,  see  section  835  of  this  title. 
New   information  because  of  variance   between   allegations   and   proof,   see 
section  420  of  this  title. 

172.  Offenses  prosecuted  by  information. — Every  offense  of 
which  the  district  court  has  original  jurisdiction  must  be  prosecuted 
by  information  signed  by  the  district  attorney,  or  in  the  case  of  his 
absence  by  an  assistant  district  attorney.  (Feb.  21,  1933,  ch.  110, 
sec.  2  [3],  47  Stat.  880.) 

173.  Investigation  by  district  attorney  after  commitment  of 
defendant. — When  a  defendant  has  been  committed  as  provided  in 
sections  141  and  142  of  this  title,  the  district  attorney  may,  within 
twenty  days  thereafter,  issue  subpenas  for  witnesses  and  examine 
such  witnesses  under  oath  as  to  the  offense  charged.  Such  examina- 
tion shall  be  conducted  in  private.  (Feb.  21,  1933,  ch.  110,  sec.  35 
[92],  47  Stat.  885.) 

Cross-Refekence 

General  power  of  district  attorney  to  issue  subpenas  for  witnesses,  see 
section  655  of  tliis  title. 

174.  Filing  information  after  such  investigation. — If  it  appears 
from  the  investigation  that  a  public  offense  has  been  committed,  and 
that  there  is  sufficient  cause  to  believe  the  defendant  guilty  thereof, 
the  district  attorney  shall,  within  such  twenty-day  period,  file  an 
information  against  the  person  in  the  division  of  the  district  court  in 
which  the  offense  is  triable,  charging  the  defendant  with  the  offense. 
(Feb.  21,  1933,  ch.  110,  sec.  3?  [94],  47  Stat.  885.) 

OBOSS-REa-EEENCBS 

Filing  information  direct,  see  section  141  of  this  title. 

Filing  information  following  discharge  of  defendant  upon  preliminary  hear- 
ing, see  title  7,  section  3. 

Filing  information  after  discharge  of  defendant  during  trial,  see  section  388 
of  this  title. 

93083—34 48  745 


T.  6,  §  1  ro] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


175.  Informations  filed  with  clerk. — All  informations  must  be 
filed  with  the  clerk  of  the  district  court.     (Feb.  21,  1933,  ch.  110, 

sec.  29  [64],  47  Stat.  884.) 

176.  Ordering  discharge  after  such  investigation. — If,  after  in- 
vestigation, it  appears  either  that  no  public  otl'ense  has  been  com- 
mitted, or  that  there  is  not  sufficient  cause  to  believe  the  defendant 
guilty,  the  district  attorney  must,  within  such  twenty-day  period, 
order  that  the  defendant  be  discharged,  and  shall  file  with  the  com- 
mitting magistrate  the  original  proceedings  indorsed  thereon  as 
follows :  "  There  being  no  sufficient  cause  to  believe  the  within 
named,  A.  B.,  to  be  guilty  of  an  offense,  I  order  his  discharge." 
(Feb.  21,  1933,  ch.  110,  sec.  36  [93],  47  Stat.  885.) 

177.  Remanding  cause  to  magistrate. — If  the  offense  committed 
is  within  the  jurisdiction  of  a  magistrate's  court,  the  cause  shall  be 
remanded  thereto  for  proceedings  therein  as  prescribed  by  law. 

ARTICLE  3.— REQUISITES  AND  SUFFICIENCY  OF  INFORMATION 


Sec. 

181.  Requisites   of   information    in   general. 

182.  Form   of  information. 

183.  Requirement    of    directness    and    cer- 

tainty in  certain  regards. 

184.  Use   of   words   employed   to   define   of- 

fense. 

185.  Charsing  but  one  offense. 

186.  Different   counts  or  alternative  means 

in   same  count. 

187.  Sufficiency   of   information   in   general. 

188.  Construction  of  words  used. 

189.  Immateriality    of    formal    defects    or 

imperfections. 

190.  Insertion   of   true  name  of  defendant 

whenever  discovered. 


Sec. 

191.  Allegation   as  to  time  of   commission 

of  offense. 

192.  Allegation  as  to  person  Injured. 

193.  Allegation  of  presumptions  of  law  or 

matters  judicially   noticed. 

194.  Pleading  private  law  or  right  derived 

therefrom. 

195.  Charging    previous    conviction    of    of- 

fenses. 

196.  Pleading  judgment  or  other  proceeding 

before  judge  or  ofiicer. 

197.  Conviction  or  acquittal  of  one  or  moi'e 

of  several  defendants. 


181.  Requisites   of   information   in    general. — The    information 

must  contain : 

a.  The  title  of  the  action ; 

b.  The  name  of  the  court  to  which  it  is  presented ; 

c.  The  names  of  the  parties ; 

cl.  A  statement  in  ordinary  and  concise  language  of  the  acts  con- 
stituting the  offense,  in  such  manner  as  to  enable  a  person  of  common 
understanding  to  know  what  is  intended ;  and 

e.  A  statement  that  it  is  based  upon  due  investigation  of  the  facts 
relating  to  the  crime  charged  therein,  and  upon  the  sworn  testimony 
of  one  or  more  witnesses.  (Feb.  21,  1933,  ch.  110,  sec.  2  [3],  47 
Stat.  880.) 

Cross  -REnrEKEN  ce 

Failure  of  information  to  charge  an  offense,  see  section  3SS  of  this  title. 

182.  Form  of  information. — It  may  be  substantially  in  the  follow- 
ing form : 

In  the  United  States  District  Court  for  the  District  of  the 
Canal  Zone,  Division  of 

The  Government  of  the  Canal  Zone  against :  Infor- 
mation. 

,  district  attorney  for  the  Canal  Zone,  comes  into  the 

district  court  for  the  said  division,  and  for  the  Government  of 


746 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  G,  §  187 

the  Canal  Zone  -gives  the  court  here  to  be  informed  and  to 

understand  that: on  the day  of A.D.  19__, 

in  the  division  aforesaid,  did  then  and  there  (here  set  forth 
the  act  or  omission  charged  as  an  offense)  and  so  did  then  and 
there  commit  the  offense  of  (here  state  the  character  of  the 
offense  committed,  whether  it  be  murder,  arson,  larceny  or  the 
like,  or  designating  it  as  a  felony  or  misdemeanor)  contrary  to 
the  law  in  such  case  made  and  provided  and  against  the  peace 
and  dignity  of  the  Government  of  the  Canal  Zone. 

This  information  is  based  upon  due  investigation  of  the  facts 
relating  to  the  crime  charged  herein,  and  on  the  sworn  testi- 
mony of  one  or  more  witnesses,  and  I  believe  that  there  is  just 
cause  for  the  filing  of  this  information. 

Signed  this day  of ,  A.D.  19__: 

District  Attorney. 
(Feb.  21, 1933,  ch.  110,  sec.  30  [67],  47  Stat.  884.) 

183.  Requirement  of  directness  and  certainty  in  certain  re- 
gards.— The  information  must  be  direct  and  certain  as  regards: 

a.  The  party  charged; 

b.  The  offense  charged;  and 

c.  The  particular  circumstances  of  the  offense  charged,  when  they 
are  necessary  to  constitute  a  complete  offense.  (Feb.  21,  1933,  ch. 
110,  sec.  31  [70],  47  Stat.  885.) 

184.  Use  of  words  employed  to  define  offense. — Words  used  in  a 
law  to  define  a  public  offense  need  not  be  strictly  pursued  in  the 
information,  but  other  words  conveying  the  same  meaning  may  be 
used. 

185.  Charging  but  one  ofTense. — The  information  must  charge  but 
one  offense. 

186.  Different  counts  or  alternative  means  in  same  count. — The 

same  offense  may  be  set  forth  in  different  forms  under  different 
counts,  and  when  the  offense  is  committed  by  the  use  of  different 
means,  the  means  may  be  alleged  in  the  alternative  in  the  same 
count. 

187.  Sufficiency  of  information  in  general. — The  information  is 
sufficient  if  it  can  be  understood  therefrom,  that : 

a.  It  is  entitled  in  a  court  having  authority  to  receive  it,  though 
the  name  of  the  court  be  not  stated; 

b.  It  is  signed  and  filed  by  the  district  attorney  of  the  Canal  Zone ; 

c.  The  defendant  is  named,  or  if  his  name  cannot  be  discovered, 
that  he  is  described  by  a  fictitious  name,  with  a  statement  that  his 
true  name  is  to  the  district  attorney  unknown ; 

d.  The  offense  was  committed  at  some  place  within  the  jurisdic- 
tion of  the  court,  except  where  the  act,  though  done  without  the  local 
jurisdiction  of  the  court,  is  triable  therein; 

e.  The  offense  was  committed  at  some  time  prior  to  the  time  of 
filing  the  information; 

f.  The  act  or  omission  charged  as  the  offense  is  clearly  and  dis- 
tinctly set  forth  in  ordinary  and  concise  .language,  without  repeti- 

747 


T.  6,  §  188]  THE  CODE  OF  CRIMINAL  PROCEDURE 

tion,  and  in  such  a  manner  as  to  enable  a  person  of  common  under- 
standing to  know  what  is  intended;  and 

g.  The  act  or  omission  charged  as  the  offense,  is  stated  with  such 
a  degree  of  certainty  as  to  enable  the  court  to  pronounce  judgment 
upon  a  conviction,  according  to  the  right  of  the  case.  (Feb.  21, 
1933,  ch.  110,  sec.  32  [77,  snbd.  2],  47  Stat.  885.) 

CliOS  s-Referbn  CE 
Setting  aside  the  information,  see  sections  241  to  245  of  this  title. 

188.  Construction  of  words  used. — The  words  used  in  an  informa- 
tion are  to  be  construed  in  their  usual  acceptance  in  common  lan- 
guage, except  such  words  and  phrases  as  are  defined  by  law,  which 
are  to  be  construed  according  to  their  legal  meaning. 

189.  Immateriality   of    formal    defects    or   imperfections. — No 

information  is  insufficient,  nor  can  tlie  trial,  judgment,  or  other  pro- 
ceding  thereon  be  affected  by  reason  of  an}'  defect  or  imperfection 
in  matter  of  form  which  does  not  tend  to  the  prejudice  of  the  rights 
of  the  defendant  upon  its  merits. 

CKOSS-REFEatENCE 

Formal  defects  or  imperfections  in  pleadings  or  proceedings  generally,  see 
section  162  of  this  title. 

190.  Insertion  of  true  name  of  defendant  whenever  discovered. — 

When  a  defendant  is  charged  by  a  fictitious  or  erroneous  name,  and 
at  any  stage  of  the  j)roceedings  his  true  name  is  discovered,  it  must 
be  inserted  in  the  subsequent  proceedings,  referring  to  the  fact  of  his 
being  charged  by  the  name  mentioned  in  tlie  information. 

Cboss-Reference 

Directing  defendant  upon  arraignment  to  declare  true  name,  see  section  230 
of  this  title. 

191.  Allegation  as  to  time  of  commission  of  offense. — The  precise 
time  at  which  the  offense  was  committed  need  not  be  stated  in  the 
information,  but  it  may  be  alleged  to  have  been  committed  at  any 
time  before  tlie  finding  or  filing  thereof,  except  where  the  time  is  a 
material  ingredient  in  the  offense. 

192.  Allegation  as  to  person  injured. — When  an  offense  involves 
the  commi.-siou  of.  or  an  attempt  to  commit,  a  private  injury,  and 
is  described  with  sufficient  certainty  in  other  respects  to  identify  tlie 
act,  an  erroneous  allegation  as  to  the  person  injured,  or  intended  to 
be  injured,  is  not  material. 

193.  Allegation  of  presumptions  of  law  or  matters  judicially 
noticed. — Neither  presumptions  of  law  nor  matters  of  which  judicial 
notice  is  taken  need  be  stated  in  the  information. 

194.  Pleading  private  law  or  right  derived  therefrom. — In  plead- 
ing a  private  law,  or  a  right  derived  therefrom,  it  is  sufficient  to 
refer  to  the  law  by  its  title  and  the  day  of  its  passage,  and  the 
court  must  thereupon  take  "judicial  notice  thereof. 

748 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  203 


195.  Charging  previous  conviction  of  offenses. — In  charging  in 
an  information  the  fact  of  a  previous  conviction  of  felony,  or  of 
an  attempt  to  commit  an  offense  which  if  perpetrated  would  have 
been  a  felony,  or  of  petit  larceny,  it  is  sufficient  to  state,  "  That 
the  defendant,  before  the  commission  of  the  offense  charged  in  this 
information,  was  in  (giving  the  title  of  the  court  in  which  the  con- 
viction was  had)  convicted  of  a  felony  (or  attempt,  and  so  forth, 
or  of  petit  larceny)."  If  more  than  one  previous  conviction  is 
charged,  the  date  of  the  judgment  upon  each  conviction  must  be 
stated,  but  not  more  than  two  previous  convictions  must  be  charged 
in  any  one  information.  (Feb.  21,  1933,  ch.  110,  sec.  33  [86a], 
47  Stat.  885.) 

Ckoss-Refei!encks 

Punishment  for  subsequent  offenses,  see  title  5,  sections  71  to  76. 
Finding  on  charge  of  previous  conviction,  see  section  413  of  this  title. 

196.  Pleading  judgment  or  other  proceeding  before  judge  or 
officer. — In  pleading  a  judgment  or  other  determination  of,  or  pro- 
ceeding  before  a  court  or  officer  of  special  jurisdiction,  it  is  not  neces- 
sary to  state  the  facts  constituting  jurisdiction;  but  the  judgment 
or  determination  may  be  stated  as  given  or  made,  or  the  proceedings 
had.  The  facts  constituting  jurisdiction,  however,  must  be  estab- 
lished on  the  trial. 

197.  Conviction  or  acquittal  of  one  or  more  of  several  defend- 
ants.— Upon  an  information  against  several  defendants  any  one  or 
more  may  be  convicted  or  acquitted. 

ARTICLE  4.— INFORMATIONS   FOR   PARTICULAR   OFFENSES 


Sec. 

201.  Information  for  libel. 

202.  Information  for  forgery  where  instru- 

ment destroyed  or  withheld. 

203.  Information    for    perjury    or    suborna- 

tion of  perjury. 


Sec. 
204. 

20.5. 


Information  for  larceny  or  embezzle- 
ment of  money  or  securities. 

Information  for  selling  obscene  books 
or  papers. 


201.  Information  for  libel. — An  information  for  libel  need  not  set 
forth  any  extrinsic  facts  for  the  purpose  of  showing  the  application 
to  the  party  libeled  of  the  defamatory  matter  on  which  the  informa- 
tion is  founded;  but  it  is  sufficient  to  state  generally  that  the  same 
was  published  concerning  him,  but  the  fact  that  it  was  so  published 
must  be  established  at  the  trial. 

202.  Information  for  forgery  where  instrument  destroyed  or 
withheld. — "V^Hien  an  instrument  which  is  the  subject  of  an  informa- 
tion for  forgery  has  been  destroyed  or  withheld  by  the  act  or  pro- 
curement of  the  defendant,  and  the  fact  of  such  destruction  or  with- 
holding is  alleged  in  the  information,  and  established  on  the  trial, 
the  misdescription  of  the  instrument  is  immaterial. 

203.  Information  for  perjury  or  subornation  of  perjury. — In  an 

information  for  perjury,  or  subornation  of  perjury,  it  is  sufficient 
to  set  forth  the  substance  of  the  controversy  or  matter  in  respect 
to  which  the  offense  was  committed,  and  in  what  court  and  before 
whom  the  oath  alleged  to  be  false  was  taken,  and  that  the  court  or 
the  person  before  whom  it  was  taken,  had  authority  to  administer  it. 


749 


T.  G,  §  204] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


with  proper  allegations  of  the  falsity  of  the  matter  on  which  the 
perjury  is  assigned;  but  the  information  need  not  set  forth  the 
pleadings,  record  or  proceedings  with  which  the  oath  is  connected, 
nor  the  commission  or  authority  of  the  court  or  person  before  whom 
the  perjury  was  committed. 

204.  Information  for  larceny  or  embezzlement  of  money  or 
securities. — In  an  information  for  the  larceny  or  embezzlement  of 
money,  bank  notes,  certificates  of  stock  or  valuable  securities,  or  for 
a  conspiracy  to  cheat  or  defraud  a  person  of  any  such  property,  it  is 
sufficient  to  allege  the  larceny  or  embezzlement,  or  the  conspiracy  to 
cheat  or  defraud,  to  be  of  money,  bank  notes,  certificates  of  stock  or 
valuable  securities,  without  specifying  the  coin,  number,  denomina- 
tion or  kind  thereof. 

205.  Information  for  selling  obscene  books  or  papers. — An  in- 
formation for  exhibiting,  publishing,  passing,  selling,  or  offering  to 
sell,  or  having  in  possession  with  such  intent,  any  obscene  book, 
pamphlet,  picture,  print,  card,  paper  or  writing,  need  not  set  forth 
any  portion  of  the  language  used  or  figures  shown  upon  such  book, 
pamphlet,  picture,  print,  card,  paper  or  writing;  but  it  is  sufficient 
to  state  generally  the  fact  of  the  obscenity  thereof. 


ARTICLE  5. 


Sec. 


-PRINCIPALS  AND  ACCESSORIES;   PROSECUTION,  TRIAL 
AND  PUNISHMENT 


211.  Prosecution   as   principals  of  all   per- 
sons  concerned  in  felony. 


Sec. 
212. 


Prosecution     of    accessory    to    felony 
though  principal  not  prosecuted. 


211.  Prosecution  as  principals  of  all  persons  concerned  in 
felony. — All  persons  concerned  in  the  commission  of  a  felony,  whether 
they  directly  commit  the  act  constituting  the  offense  or  aid  in  abet- 
ting its  commission,  shall  be  prosecuted,  tried  and  punished  as  prin- 
cipals, and  no  other  fact  need  be  alleged  in  the  information  against 
them  other  than  is  required  in  the  information  against  the  principal. 

Ceoss-Refehience 
Principles  and  accessories,  see  title  5,  sections  51  to  55. 

212.  Prosecution  of  accessory  to  felony  though  principal  not 
prosecuted. — An  accessory  to  the  commission  of  a  felony  may  be 
prosecuted,  tried  and  punished  though  the  principal  may  be  neither 
prosecuted  nor  tried. 

CHAPTER    12.— PLEADINGS   AND   PROCEEDINGS    AFTER   INFORMA- 
TION    FILED    AND    BEFORE    COMMENCEMENT    OF    TRIAL 


Art.  Sec. 

1.  Arraignment  of  the  defendant 221 

2.  Setting  aside  the  information 241 

3.  Demurrer ;   amendment  of  informa- 

tion   251 

4.  Plea 271 


Art.  Sec. 

r>.  Rpmoval  of  the  action  before  trial.  291 

6.  The  mode  of  trial 301 

7.  The  calendar  of  pending  actions 311 

S.   I'roparation    for,   and   postponement 

of,  trial 321 


Cross-Re:feeences 

Compromising  certain  offenses  by  leave  of  court,  see  sections  801  to  804  of 
this  title. 

Dismissal  of  action,  see  sections  791  to  795  of  this  title. 

Inquiry  into  sanity  of  deien'iant  before  trial  or  after  conviction,  see  sections 
811  to  816  of  this  title. 

750 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  226 


ARTICLE  1.— ARRAIGNMENT  OF  THE  DEFENDANT 


Sec. 

221.  Necessity  of  arraignment  on  Informa- 

tion. 

222.  rresence  of  defendant  on  arraignment. 

223.  Bringing  defendant  before  court  if  in 

custody. 

224.  Failure    of   defendant    on    bail    to    ap- 

pear ;  bencli  warrant. 

225.  Issuance    of    bench    warrant    at    any 

time  after  order. 

226.  Form  of  bench  warrant. 


Sec. 

227.   Service    of    bench    warrant    in    either 

division. 
22S.  Right  of  defendant  to  counsel. 

229.  Making  of  arraignment. 

230.  Directing  defendant  to  declare  his  true 

name. 

231.  Riglit  to  reasonable  time  to  answer. 

232.  Answering   upon    arraignment   by    mo- 

tion, demurrer  or  plea. 


Section  221.  Necessity  of  arraignment  on  information. — After 
the  filing  of  an  information,  the  defendant  must,  if  the  offense  is 
a  felony,  be  arraigned  before  the  division  of  the  district  court  in 
which  the  information  is  filed,  unless  the  cause  is  transferred  t<t 
the  other  division  for  trial.  If  the  offense  is  a  misdemeanor  the  de- 
fendant need  not  be  arraigned,  but  when  the  trial  begins  the  clerk 
shall  read  the  information.  (Feb.  21,  1933,  ch.  110,  sec  44  [125], 
47  Stat.  886.) 

222.  Presence  of  defendant  on  arraignment. — The  defendant 
must  be  personally  present  on  arraignment  for  a  felony.  (Feb.  21, 
1933,  ch.  110,  sec  44  [125],  47  Stat.  886.) 

223.  Bringing  defendant  before  court  if  in  custody. — Wlien  the 
personal  appearance  of  the  defendant  is  necessary,  if  he  is  in  custody, 
the  court  may  direct,  and  the  officer  in  wdiose  custody  he  is  must  bring 
him  before  it  to  be  arraigned. 

224.  Failure  of  defendant  on  bail  to  appear;  bench  warrant. — 

If  the  defendant  has  been  discharged  on  bail,  or  has  deposited  money 
in  lieu  thereof,  and  does  not  appear  to  be  arraigned  when  his  per- 
sonal attendance  is  necessary,  the  court,  in  addition  to  the  forfeiture 
of  the  undertaking  of  bail  or  of  the  money  deposited,  may  direct  the 
clerk  to  issue  a  bench  warrant  for  his  arrest. 

225.  Issuance  of  bench  warrant  at  any  time  after  order. — The 

clerk,  on  application  of  the  district  attorney,  may,  at  any  time  after 
the  order,  wdiether  the  court  is  sitting  or  not,  issue  a  bench  warrant 
for  the  arrest  of  the  defendant. 

226.  Form  of  bench  warrant. — The  bench  warrant  upon  the  in- 
formation must  be  substantially  in  the  following  form : 

In  the  United  States  District  Court  for  the  District  of  the 

Canal  Zone,  Division  of 

The  Government  of  the  Canal  Zone. 

BENCH    WARRANT 

To  the  Marshal  or  ant  peace  officer  of  the  Canal  Zone  : 

An  information  having  been  filed  on  the day  of 

A.D. ,  in  the division  of  the  United  States  District 

Court  for  the  District  of  the  Canal  Zone,  charging with 

the  crime  of ,  you  are  therefore  commanded 

(designating  it  generally) 

forthwith  to  arrest  the  above-named and  bring  him 

before  the  court  (or  if  the  information  has  been  sent  to  the  other 


751 


T.  6,  §  227]  THE  CODE  OF  CRIMINAL  PROCEDURE 

division,  that  division  must  be  named  as  the  place  to  bring  the 
defendant)  to  answer  said  information;  or  if  the  court  be  not  in 
session,  that  you  deliver  him  into  the  custody  of  the  warden  of 
said  district. 

Given  under  my  hand  with  the  seal  of  the  court  affixed,  this 

day  of ,  A.D. 

By  order  of  the  Court. 
[seal] 

Clerk  of  the  Court. 

(Feb.  21,  1933,  ch.  110,  sec.  45  [129],  47  Stat.  886.) 

227.  Service  of  bench  warrant  in  either  division. — A  bench  war- 
rant may  be  served  in  either  division  of  the  Canal  Zone. 

228.  Right  of  defendant  to  counsel. — If  the  defendant  appears 
for  arraignment  without  counsel,  he  must  be  informed  by  the  court 
that  it  is  his  right  to  have  counsel  before  being  arraigned,  and  must 
be  asked  if  he  desires  the  aid  of  counsel.  If  he  desires  and  is  unable 
to  employ  counsel,  the  court  may,  subject  to  the  provisions  of  section 
43  of  title  7,  assign  counsel  to  defend  him.  (Feb.  21,  1933,  ch.  110, 
sec.  46  [134],  47  Stat.  887.) 

229.  Making  of  arraignment. — The  arraignment  must  be  made 

by  the  district  attorney  and  consists  in  reading  the  information  to 
the  defendant  and  delivering  to  him  a  copy  thereof,  and  of  the 
indorsements  thereon  including  the  list  of  witnesses,  whereupon 
the  court  asks  him  whether  he  pleads  guilty  or  not  guilty  to  the 
information. 

230.  Directing  defendant  to  declare  his  true  name.— When  the 

defendant  is  arraigned  he  must  be  informed  that  if  the  name  by 
which  he  is  prosecuted  is  not  his  true  name  he  must  then  declare  his 
true  name  or  be  proceeded  against  by  the  name  in  the  information. 
If  he  gives  no  other  name  the  court  may  proceed  accordingly;  but  if 
he  alleges  that  another  name  is  his  true  name  the  court  must  direct 
an  entry  thereof  in  the  minutes  of  the  arraignment  and  the  subse- 
quent proceedings  on  the  information  may  be  had  against  him  by 
that  name,  referring  also  to  the  name  by  which  he  was  first  charged 
therein. 

Cross-Kefeubi\cb 

Insertion  of  true  name  when  cliwoverotl,  see  section  190  of  tliis  title. 

231.  Right  to  reasonable  time  to  answer. — If  the  defendant  re- 
quires it  upon  arraignment,  he  must  be  allowed  a  reasonable  time, 
not  less  tlian  one  day,  to  answer  the  information. 

232.  Ansv/ering  upon  arraignment  by  motion,  demurrer  or 
plea. — In  answer  to  the  arraignment  the  defendant  may  move  to  set 
aside,  demur  or  plead  to  the  information.  The  only  pleading  on 
the  part  of  the  defendant  is  either  a  demurrer  or  a  plea.  Both 
the  demurrer  and  plea  must  be  made  in  open  court  either  at  the 
time  of  tlic  arraignment  or  at  such  other  time  as  may  be  allowed 
to  the  defendant  for  that  purpose. 


752 


THE  CODE  OF  CRIMINAL  PROCEDVUE 


[T.  G,  §  251 


ARTICLE   2.— SETTING   ASIDE    THE    INFORIMATION 


Sec. 

241.  Ground  for  sotting  aside  information. 

242.  Waiver  of  objection. 

243.  Hearing  and  determination  of  motion. 


Sec. 
244. 

24.5. 


Effect  of  direction  that  new  informa- 
tion be  filed. 
Order  no  bar  to  future  prosecution. 


241.  Ground  for  setting  aside  information. — When  the  informa- 
tion is  not  subscribed  by  the  district  attorney,  it  must  be  set  aside 
by  the  court  in  which  tlie  defendant  is  arraigned,  upon  liis  motion. 
(Feb.  21,  1933,  ch.  110,  sec.  47  [138],  47  Stat.  887.) 

242.  Waiver  of  objection. — If  the  motion  to  set  aside  the  informa- 
tion is  not  made,  the  defendant  is  precluded  from  afterward  tai<;ing 
the  objection. 

243.  Hearing  and  determination  of  motion. — The  inotion  must  be 

heard  at  the  time  it  is  made  unless  for  cause  the  court  postpones  the 
hearing  to  another  time.  If  the  motion  is  denied  the  defendant 
must  innnediately  answer  the  information  either  by  demurring  or 
pleading  thereto.  If  the  motion  is  granted  the  court  must  order  that 
the  defendant,  if  in  custody,  be  discharged  therefrom ;  or,  if  admitted 
to  bail,  that  his  bail  be  exonerated;  or,  if  he  has  deposited  money 
instead  of  bail,  that  the  same  be  refunded  to  him,  unless  it  directs 
that  an  information  be  filed  by  the  district  attorney.  (Feb.  21,  1933, 
ch.  110,  sec.  48  [140],  47  Stat.*  887.) 

244.  Effect  of  direction  that  new  information  be  filed. — If  the 

court  directs  a  new  information  to  be  filed  the  defendaut,  if  already 
in  custody,  must  so  remain  unless  he  is  admitted  to  bail  or,  if  al- 
ready admitted  to  bail  or  if  money  has  been  deposited  in  lieu  thereof, 
the  bail  or  money  is  ansAverable  for  the  appearance  of  the  defendant 
to  answer  the  new  information;  but  unless  the  new  information  is 
filed  within  fifteen  daj^s,  the  court  must  order  the  defendant  dis- 
charged unless  for  special  reason  the  court  extends  the  time  for  the 
filing  of  the  information. 

245.  Order  no  bar  to  future  prosecution. — An  order  to  set  aside 
an  information,  as  provided  in  this  article,  is  no  bar  to  a  futui'e 
prosecution  for  the  same  oifense. 

ARTICLE   3.— DEMURRER;    AMENDMENT    OF    INFORMATION 


Sec. 

251.  Demurrer  defined. 

252.  Grounds  for  demurrer. 

253.  Requisites  of  demurrer. 

254.  Argument  on  demurrer. 

255.  Judgment  on  demurrer. 

256.  Effect  of  allowance  of  demurrer. 

257.  Amendment  of  information. 


Sec. 

258.  Effect  of  failure  to  permit  amendment 

or  authorize  new  information. 

259.  Permitting   defendant   to   plead   where 

aemurrer  disallowed. 

260.  Necessity  of  making  certain  objections 

by  motion  or  demurrer. 


251.  Demurrer  defined. — A  demurrer  is  an  allegation  that,  ad- 
mitting the  facts  as  stated  in  the  information,  such  facts  do  not  con- 
stitute an  offense  against  the  law  whereby  the  defendant  should  be 
put  on  trial. 

Cros.s-Refep.ence 

Answering  upon  arraignment  by  motion,  demurrer  or  plea,  see  section  232 
of  this  title. 


753 


T.  6,  §  252]  THE  CODE  OF  CRIMINAL  PROCEDURE 

252.  Grounds  for  demurrer. — The  defendant  may  demur  to  the 
information,  when  it  appears  on  the  face  thereof  either  that: 

a.  It  does  not  substantially  conform  to  the  requirements  of  this 
title; 

b.  More  than  one  offense  is  charged ; 

c.  The  facts  stated  do  not  constitute  a  public  offense;  or 

d.  It  contains  any  matter  which  if  true  would  constitute  a  legal 
justification  or  excuse  of  the  offense  charged,  or  other  legal  bar  to  the 
prosecution. 

253.  Requisites  of  demurrer. — The  demurrer  must  be  in  writing, 
signed  either  by  the  defendant  or  his  counsel,  and  filed.  It  must  dis- 
tinctly specify  the  grounds  of  objection  to  the  information,  or  it 
must  be  disregarded. 

254.  Argument  on  demurrer. — Upon  the  demurrer  being  filed  the 
argument  upon  the  objection  presented  thereby  must  be  heard  either 
immediately  or  at  such  time  as  the  court  may  appoint. 

255.  Judgment  on  demurrer. — Upon  considering  the  demurrer 
the  court  must  give  judgment  either  allowing  or  disallowing  it  and 
an  order  to  that  effect  must  be  entered  upon  the  minutes. 

256.  Effect  of  allowance  of  demurrer. — If  a  demurrer  is  allowed, 
the  judgment  is  final  upon  the  information  demurred  to,  and  is  a 
bar  to  another  prosecution  for  the  same  offense,  unless  the  court, 
being  of  the  opinion  that  the  objection  on  which  the  demurrer  is 
sustained  may  be  avoided  in  a  new  information,  directs  a  new  infor- 
mation to  be  filed.  (Feb.  21,  1933,  ch.  110,  sec.  49  [150],  47  Stat. 
887.) 

257.  Amendment  of  information. — An  information  may  be 
tnnended  by  the  district  attorney  without  leave  of  court,  at  any  time 
before  the  defendant  pleads.  Such  amendment  may  be  made  at  any 
time  thereafter,  in  the  discretion  of  the  court,  where  it  can  be  done 
without  prejudice  to  the  substantial  rights  of  the  defendant,  (Feb. 
21, 1933,  ch.  110,  sec.  49  [150],  47  Stat.  887.) 

Ckoss-Referenoe 

New  information  where  defendant  discharged  for  lack  of  jurisdiction  or 
failure  to  charge  offense,  see  section  388  of  this  title. 

258.  Effect  of  failure  to  permit  amendment  or  authorize  new  in- 
formation.— If  the  court  does  not  permit  the  information  to  be 
amended  nor  direct  that  a  new  information  be  filed,  the  defendant, 
if  in  custody,  must  be  discharged,  or  if  admitted  to  bail,  his  bail  is 
exonerated,  or  if  he  has  deposited  money  instead  of  bail,  the  money 
must  be  refunded  to  him. 

259.  Permitting  defendant  to  plead  where  demurrer  disal- 
lowed.— If  the  demurrer  is  disallowed,  the  court  must  permit  the 
defendant,  at  his  election,  to  plead,  which  he  must  do  forthwith 
or  at  such  time  as  the  court  may  direct. 

260.  Necessity  of  making  certain  objections  by  motion  or  de- 
murrer.— When  the  objections  appear  on  the  face  of  the  informa- 
tion they  can  only  be  taken  advantage  of  by  motion  or  demun-er, 

754 


TBi:  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  275 


except  that  the  objection  to  the  jurisdiction  of  the  court  over  the 
subject  of  the  information,  or  that  the  facts  stated  do  not  constitute 
a  public  offense,  may  be  taken  at  the  trial  under  the  plea  of  not 
guilty  or  after  the  trial  in  arrest  of  judgment. 


ARTICLE  4.— PLEA 


Sec. 
271. 


The  different  kinds  of  pleas. 
liTii.  I'leas  oral ;  form  of  entry  on  minutes. 

273.  Entry     and     withdrawal    of    plea     of 

guilty. 

274.  Issues  arising  from  plea  of  not  guilty. 

275.  Defenses  admissible  under  plea  of  not 

guilty. 
27G.  Former  acquittal  other  than  on  merits. 


Sec. 

277.  Former  acquittal  on  merits. 

278.  Conviction,    acquittal    or   jeopardy    as 

bar. 

279.  Entry    of    plea    when    defendant    re- 

fuses to  answer. 

280.  Pica  and  procedure  on  charge  of  pre- 

vious conviction. 


271.  The  different  kinds  of  pleas. — There  are  four  kinds  of  pleas 
to  an  information.    A  plea  of : 

a.  Guilty; 

b.  Not  guilty; 

c.  A  former  judgment  of  conviction  or  acquittal  of  the  offense 
charged,  which  may  be  pleaded  either  with  or  without  the  plea  of 
not  guilty;  and 

d.  Once  in  jeopardy. 

Ceoss-References 

Answering  upon  arraignment  by  motion,  demurrer  or  plea,  see  section  232 
of  tliis  title. 

Former  conviction  or  acquittal,  s'ee  .section  8  of  this  title ;  and  title  1,  section  1. 

272.  Pleas  oral;  form  of  entry  on  minutes. — Every  plea  must  be 
oral  and  be  entered  upon  the  minutes  of  the  court  in  substantially 
the  following  form : 

a.  If  the  defendant  pleads  guilty :  "  The  defendant  pleads  that  he 
is  guilty  of  the  offense  charged;  " 

b.  If  he  pleads  not  guilty :  "  The  defendant  pleads  that  he  is  not 
guilty  of  the  offense  charged;  " 

c.  If  he  pleads  a  former  conviction  or  acquittal :  "  The  defendant 
pleads  that  he  has  already  been  convicted  (or  acquitted)  of  the  offense 
charged  by  the  judgment  of  the  court  of  (naming  it),  ren- 
dered at  (naming  the  place),  on  the day  of 

";and 

d.  If  he  pleads  once  in  jeopardy :  "  The  defendant  pleads  that  he 
has  been  in  jeopardy  for  the  offense  charged  (specifying  the  time, 
place,  and  court)." 

273.  Entry  and  withdrawal  of  plea  of  guilty. — A  plea  of  guilty 
can  be  entered  only  by  the  defendant  himself  in  open  court,  unless 
upon  information  against  a  corporation  in  which  case  it  may  be  put 
in  by  counsel.  The  court  may  at  any  time  before  judgment  upon  a 
plea  of  guilty  permit  it  to  be  withdrawn  and  a  plea  of  not  guilty 
substituted. 

274.  Issues  arising  from  plea  of  not  guilty. — The  plea  of  not 
guilty  puts  in  issue  every  material  allegation  of  the  information. 

275.  Defenses  admissible  under  plea  of  not  guilty. — All  matt(?rs 
of  fact  tending  to  establish  a  defense,  other  than  those  specified 


755 


T.  6,  §  276] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


in  paragraphs  c  and  d  of  section  271  of  this  title,  may  be  given 
in  evidence  under  a  plea  of  not  guilty, 

276.  Former  acquittal  other  than  on  merits. — If  the  defendant 
was  formerly  acquitted  on  the  ground  of  variance  between  the  in- 
formation and  the  proof,  or  the  information  was  dismissed  upon  an 
objection  to  its  form  or  substance,  or  in  order  to  hold  the  defendant 
for  a  higher  offense,  without  a  judgment  of  acquittal,  it  is  not  an 
acquittal  of  the  same  offense. 

277.  Former  acquittal  on  merits. — Whenever  the  defendant  is 
acquitted  on  the  merits  he  is  acquitted  of  the  same  offense  notwith- 
standing any  defect  in  form  or  substance  in  the  information  on  which 
the  trial  was  had. 

278.  Conviction,  acquittal  or  jeopardy  as  bar. — When  the  de- 
fendant is  convicted  or  acquitted,  or  has  been  once  placed  in  jeopardy 
upon  an  information,  the  conviction,  acquittal  or  jeopardy  is  a  bar 
to  another  information  for  the  offense  charged  in  the  former,  or 
for  an  attempt  to  commit  the  same,  or  for  an  offense  necessarily  in- 
cluded therein,  of  which  he  might  have  been  convicted  under  that 
information. 

279.  Entry  of  plea  when  defendant  refuses  to  answer. — If  the 

defendant  refuses  to  answer  the  information  by  demurrer  or  plea, 
a  plea  of  not  guilty  must  be  entered. 

280.  Plea  and  procedure  on  charge  of  previous  conviction. — 

When  a  defendant  who  is  charged  in  the  information  with  having 
suffered  a  previous  conviction,  pleads  either  guilty  or  not  guilty  of 
the  offense  for  which  he  is  informed  against,  he  must  be  asked 
whether  he  has  suffered  such  previous  conviction.  If  he  answers 
that  he  has,  his  answer  must  be  entered  by  the  clerk  in  the  minutes 
of  the  court,  and  must,  unless  withdrawn  by  consent  of  the  court,  be 
conclusive  of  the  fact  of  his  having  suffered  sucli  previous  convic- 
tion in  all  subse(iuent  proceedings.  If  he  answers  that  he  has  not, 
his  answer  must  be  entered  by  the  clerk  in  the  minutes  of  the  court, 
and  the  question  whether  or  not  he  has  suffered  such  previous  con- 
viction must  be  tried  by  the  court  or  jury  which  tries  the  issue  upon 
the  plea  of  not  guilty,  or  in  case  of  a  ]jiea  of  guilty,  by  the  court 
or  a  jury  impaneled  for  that  purpose.  The  refusal  of  the  defendant 
to  answer  is  equivalent  to  a  denial  that  lie  has  suffered  such  previous 
conviction.  In  case  the  defendant  pleads  not  guilty,  and  answers 
that  he  has  suffered  the  previous  conviction,  the  charge  of  the  previ- 
ous conviction  must  not  be  read  to  the  court  or  jurv,  nor  alluded  to 
on  the  trial.     (Feb.  21,  1933,  ch.  110,  sec.  50  [lG3a],  47  Stat.  887.) 

ARTK'LP]  f).— REMOVAL  OF  THE  ACTION  BEFORE  TRIAL 


Sec. 

291.  Ground    for   removal   in   general. 

292.  Aiiplication   for  removal. 

293.  Ordering  transfer  upon  application  of 

def(>ndant. 

294.  Ordoring   transfer  upon   agreement   of 

parties. 


Sec. 

29'i.  Order  wlien  defendant  in  custody. 

2i)G.  Transmission    of    copy    of    order    and 

proceedings   to   other   division. 
297.  Obtaining  original  pleadings  or  papers 

where  necessary. 
29S.  Trial  and  judgment  after  removal. 


291.  Ground  for  removal  in  general. — A  criminal  action  may  on 
the  application  of  the  defeiulant  be  removed  from  the  division  or 


756 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §298 

subdivision  in  which  it  is  pending,  on  the  ground  that  a  fair  and 
impartial  trial  cannot  be  had  in  that  division  or  subdivision. 

Ceoss-Rkfkrence 

Venue  of  offenses,  see  section  13  of  this  title. 

292.  Application  for  removal. — The  application  must  be  made  in 
open  court  and  must  be  in  writing  and  verified  by  the  affidavit  of 
the  defendant.  A  copy  of  the  application  must  be  served  upon  the 
district  attorney  at  least  one  day  prior  to  the  hearing  thereof.  W^ien 
the  affidavit  shows  that  the  defendant  cannot  safely  appear  in  per- 
son to  make  the  application  because  popular  prejudice  is  so  great  as 
to  endanger  his  personal  safety,  and  that  statement  is  sustained  by 
other  testimony,  the  application  may  be  made  by  his  attorney  and 
shall  be  heard  and  determined  in  the  absence  of  the  defendant  even 
though  the  charge  then  pending  against  him  is  a  felony  and  he  has 
not  at  the  time  of  the  application  been  arrested,  given  bail,  been 
arraigned,  or  pleaded  or  demurred  to  the  information. 

293.  Ordering  transfer  upon  application  of  defendant. — If  the 

court  is  satisfied  that  the  representations  of  the  applicant  are  true, 
an  order  must  be  made  and  entered  upon  the  minutes,  transferring 
the  action  to  the  other  division  or  subdivision. 

294.  Ordering  transfer  upon  agreement  of  parties. — The  court 

may  also  order  the  removal  of  the  action  from  one  division  to  the 
other  upon  the  agreement  of  the  parties.  (Feb.  21,  1933,  ch.  110, 
sec.  51  [169a],  47  Stat.  888.) 

295.  Order  when  defendant  in  custody. — If  the  defendant  is  in 
custody  the  order  must  direct  his  removal  and  he  must  be  forth- 
with removed  by  the  warden  where  he  is  imprisoned  to  the  custody 
of  the  warden  of  the  division  or  subdivision  to  which  the  action  is 
removed. 

296.  Transmission  of  copy  of  order  and  proceedings  to  other 
division. — Upon  the  entering  of  an  order  of  removal  the  clerk  must 
immediately  make  out  and  transmit  to  the  division  or  subdivision  to 
which  the  action  is  removed  a  certified  copy  of  the  order  of  removal, 
record,  pleadings  and  proceedings  in  the  action,  including  the  under- 
takings for  the  appearance  of  the  defendant  and  of  the  witnesses. 

297.  Obtaining  original  pleadings  or  papers  where  necessary. — 

If  it  is  necessary  to  have  any  of  the  original  pleadings  or  other 
papers  before  the  division  or  subdivision  to  which  the  action  is 
removed,  the  other  division  or  subdivision  must  at  any  time,  upon 
application  of  the  district  attorney  or  the  defendant,  order  such 
papers  or  pleadings  to  be  transmitted  by  the  clerk,  a  certified  copy 
thereof  being  retained. 

298.  Trial  and  judgment  after  removal. — The  division  or  sub- 
division to  which  the  action  is  removed  must  proceed  to  trial  and 
judgment  as  if  the  action  had  been  commenced  therein. 


787 


T.6.  §301] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


ARTICLE  6.— THE  MODE  OF  TRIAL 


Sec. 

301.  Pleas  uiion  which  issues  of  fact  arise. 

302.  Trial  of  issues  of  fact  by  jury  unless 

waived. 


Sec. 

303.  Number  of  jurors. 

304.  Presence  of  defendant  at  trial. 


301.  Pleas  upon  which  issues  of  fact  arise. — An  issue  of  fact 
arises : 

a.  Upon  a  plea  of  not  guilty; 

b.  Upon  a  plea  of  a  former  conviction  or  acquittal  of  the  same 
offense;  and 

c.  Upon  a  plea  of  once  in  jeopardy.  (Feb.  21,  1933,  ch.  110,  sec. 
52  [170],  47  Stat.  888.) 

302.  Trial  of  issues  of  fact  by  jury  unless  waived. — Issues  of 
fact  in  criminal  cases  within  the  original  jurisdiction  of  the  district 
court  must  be  tried  by  jury,  unless  a  trial  by  jury  is  waived.  (Feb. 
21,  1933,  ch.  110,  sec.  53  [171],  47  Stat.  888.) 

Ceoss-Reperences 

Juries  and  jury  trials,  see  title  7,  sections  33  to  35. 
Challenging  the  jury,  see  sections  331  to  337  of  this  title. 
IModes  of  convict' on  of  offenses,  see  section  15  of  this  title. 

303.  Number  of  jurors. — All  criminal  cases  in  the  district  court 
in  which  a  jury  is  had,  shall  be  tried  by  a  jury  of  twelve.  (Feb.  21, 
1933,  ch.  110,  sec.  75  [209b],  47  Stat.  893.) 

304.  Presence  of  defendant  at  trial. — If  the  prosecution  is  for  a 
felony  the  defendant  must  be  personally  present  at  the  trial.  If  the 
prosecution  is  for  a  misdemeanor  the  trial  may  be  had  in  the 
absence  of  the  defendant;  but  if  his  presence  is  necessary  for  the 
purpose  of  identification  the  court  may,  ujjon  application  of  the  dis- 
trict attorney,  by  an  order  or  warrant,  require  the  personal  attend- 
ance of  the  defendant  at  the  trial. 

Csos  s-Refeeen  ces 

Presence  of  defendant  at  verdict  and  judgment,  see  sections  404  and  486  of 
this  title. 
Presence  at  trial  in  magistrate's  court,  see  section  126  of  this  title. 


ARTICLE  7.— THE  CALENDAR  OF  PENDING  ACTIONS 


Sec. 
311. 


Keeping  by  cleric  of  calendar  of  pend- 
ing actions. 


Sec. 
312. 


Order  in  which   pending  prosecutions 
tried. 


311.  Keeping  by  clerk  of  calendar  of  pending  actions. — The 

clerk  must  keep  a  calendar  of  all  criminal  actions  pending  in  the 
court,  enumerating  them  according  to  the  date  of  the  filing  of  the 
information,  specifying  opposite  the  title  of  each  action  whether  it 
is  for  a  felony  or  a  misdemeanor,  and  whether  the  defendant  is  in 
custody  or  on  bail. 

312.  Order  in  which  pending  prosecutions  tried. — The  issues  on 
the  calendar  must  be  disposed  of  in  the  following  order,  unless  for 
good  cause  the  court  shall  direct  an  action  to  be  tried  out  of  its  order : 

a.  Prosecutions  for  felony  when  the  defendant  is  in  custody; 


758 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  331 


b.  Prosecutions  for  misdemeanor  when  the  defendant  is  in  custody ; 

c.  Prosecutions  for  felony  when  the  defendant  is  on  bail;  and 

d.  Prosecutions  for  misdemeanor  when  the  defendant  is  on  bail. 


ARTICLE  8.— PREPARATION  FOR,  AND  POSTPONEMENT  OF,  TRIAL 


Sec. 

321.  Right  of  defendant  to  time  to  prepare 
for  trial. 


Sec. 

322.  Postponement  of  trial. 


321.  Right  of  defendant  to  time  to  prepare  for  trial. — After  his 

plea  the  defendant  is  entitled  to  at  least  two  days  to  prepare  for 
trial.     (Feb.  21,  1933,  ch.  110,  sec.  54  [175],  47  Stat.  888.) 

322.  Postponement  of  trial. — When  an  action  is  called  for  trial, 

or  at  any  time  previous  thereto,  the  court  may  upon  sufficient  cause 
direct  the  trial  to  be  postponed  to  another  day. 

CHAPTER  13.— PROCEEDINGS  AFTER  THE  COMMENCEMENT  OF  THE 
TRIAL  AND  BEFORE  JUDGMENT 


Art.  Sec. 

1.  Challenging   the  jury 331 

2.  The  trial 361 

3.  The  verdict 401 

4.  Exceptions 431 


•5.   Bill  of  exceptions 441 

6.  New  trials 451 

7.  Arrest  of  judgment 461 


Orgs  s-Refeeences 

Dismissal  of  action,  see  sections  791  to  795  of  ttiis  title. 

Disposal  of  property  stolen  or  embezzled  and  recovered,  see  sections  821 
to  827  of  this  title. 

Inquiry  into  insanity  of  defendant  before  or  during  trial  or  after  conviction, 
see  sections  811  to  816  of  this  title. 

Mode  of  trial,  see  sections  301  to  304  of  this  title. 

ARTICLE  1.— CHALLENGING  THE  JURY 


Sec. 

331.  Definition  and  kinds  of  challenge. 

332.  Necessity  that  several  defendants  join 
in   challenges. 

Panel  defined. 
Challenge  to  panel  defined. 
Grounds  of  challenge  to  panel. 
Time  and  method  of  challenge  to  panel. 
Exception  to  challenge  to  panel. 
Determination    on    exception    to    chal- 
lenge to  panel. 

339.  Denial  of  challenge  and  trial  thereon. 

340.  Challenge     for     bias     of     summoning 
officer. 

Efl'ect  of  determination  upon  excep- 
tion to  or  denial  of  challenge. 

Informing  defendant  as  to  time  to 
challenge  individual  juror. 

Kinds  of  challenge  to  individual  juror. 


333. 
334. 
335. 
336. 
337. 
338. 


.341. 
342. 


343. 


Sec. 

344.  Time  for  challenge  to  individual  juror. 

345.  Peremptory  challenge. 

346.  Number     of     peremptory     challenges; 

v^aiver. 

347.  Challenge  for  cause  ;  kinds. 

348.  General  causes  of  challenge. 

349.  Implied  and  actual  bias. 

350.  Challenge  for  implied  bias. 

351.  Exemption    from    service    as    cause   of 

challenge. 

352.  Stating  causes  of  challenge. 

353.  Exception  to  or  denial  of  challenge. 

354.  Trial  of  challenge. 

355.  Examination   of  juror  challenged. 

356.  Examining  other  witnesses. 

357.  Allowance    or    disallowance    of    chal- 

lenge. 


Section  331.  Definition  and  kinds  of  challenge. — A  challenge  is 
an  objection  made  to  the  trial  jurors,  and  is  of  two  kinds: 

a.  To  the  panel;  and 

b.  To  an  individual  juror.     (Feb.  21,  1933,  ch.  110,  sec.  55  [176al, 
47  Stat.  888.) 

Ckoss-Refeeences 

Right  to  trial  by  jury,  see  section  302  of  this  title. 

Selection,  summoning,  serving  and  compensation  of  jurors,  see  title  7,  sec- 
tions 33  to  35. 


759 


T.  6,  §  332]  THE  CODE  OF  CRIMINAL  PROCEDURE 

332.  Necessity  that  several  defendants  join  in  challenges. — Wlien 
several  defendants  are  tried  together  they  cannot  sever  their  chal- 
lenges, but  must  join  therein.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176b], 
47  Stat.  888.) 

333.  Panel  defined. — The  panel  is  a  list  of  jurors  to  serve  for  a 
particular  period  or  for  the  trial  of  a  particular  action.  (Feb.  21, 
1933,  ch.  110,  sec.  55  [176c],  47  Stat.  888.) 

334.  Challenge  to  panel  defined. — A  challenge  to  the  panel  is  an 

objection  made  to  all  the  jurors  returned,  and  may  be  taken  by 
either  party.     (Feb.  21,  1933,  ch.  110,  sec.  55  [176d],'  47  Stat.  888.) 

335.  Grounds  of  challenge  to  panel. — A  challenge  to  the  panel 
can  be  founded  only  on  a  material  departure  from  the  forms  pre- 
scribed in  respect  to  the  drawing  and  return  of  the  jury,  or  on  the 
intentional  omission  of  the  marshal  to  summon  one  or  more  of  the 
jurors  drawn.     (Feb.  21,  1933,  ch.  110,  sec.  55  [176e],  47  Stat.  888.) 

336.  Time  and  method  of  challenge  to  panel. — A  challenge  to  the 
panel  must  be  taken  before  a  juror  is  sworn  and  must  be  in  writing 
or  be  noted  by  the  reporter,  and  must  plainly  and  distinctly  state 
the  facts  constituting  the  ground  of  challenge.  (Feb.  21,  1933,  ch. 
110,  sec.  55  [176f],  47  Stat.  888.) 

337.  Exception  to  challenge  to  panel. — If  the  sufficiency  of  the 
facts  alleged  as  ground  of  the  challenge  is  denied  the  adverse  partT 
may  except  to  the  challenge.  The  exception  need  not  be  in  writing 
but  must  be  entered  on  the  minutes  of  the  court  or  of  the  reporter 
and  thereupon  the  court  must  proceed  to  try  the  sufficiency  of  the 
challenge,  assuming  the  facts  alleged  therein  to  be  true.  (Feb.  21, 
1933,  ch.  110,  sec.  55  [l76g],  47  Stat.  888.) 

338.  Determination  on  exception  to  challenge  to  panel.— If  on 

exception  the  court  finds  the  challenge  sufficient  it  may  if  justice 
requires  it  permit  the  party  excepting  to  withdraw  his  exception 
and  to  deny  the  facts  alleged  in  the  challenge.  If  exception  is 
allowed  the  court  may  in  like  manner  permit  an  amendment  of  the 
challenge.     (Feb.  21, "j 933,  ch.  110,  sec.  55  [l76h],  47  Stat.  888.) 

339.  Denial  of  challenge  and  trial  thereon. — If  the  challenge  is 
denied  the  denial  may  be  oral  and  must  be  entered  on  the  minutes 
of  the  court  or  of  the  reporter  and  the  court  must  proceed  to  try 
the  question  of  fact.  Upon  such  trial  the  officers,  whether  judicial  or 
ministerial,  whose  irregularity  is  complained  of,  as  well  as  any  other 
persons,  may  be  examined  to  prove  or  dis]:)rove  the  facts  alleged  as 
the  ground  of  the  challenge.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176i], 
47  Stat.  889.) 

340.  Challenge  for  bias  of  summoning  officer. — When  the  panel 
is  formed  from  persons  whose  names  are  not  drawn  as  jurors,  a 
challenge  may  be  taken  to  the  i)anel  on  account  of  any  bias  of  the 
officer  who  summoned  them  which  would  be  good  ground  of  challenge 
to  a  juror.  Such  chaHenge  must  be  made  in  the  same  form  and 
determined  in  the  same  manner  as  if  made  to  a  juror.  (Feb.  21, 
1933,  ch.  110,  sec.  55  [176j],  47  Stat.  889.) 

760 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6.  §  348 

341.  Eflfect  of  determination  upon  exception  to  or  denial  of 
challenge. — If,  either  upon  an  exception  to  the  challenge  or  a  denial 
of  the  facts,  the  challenge  is  allowed,  the  court  must  discharge 
the  jury  so  far  as  the  trial  in  question  is  concerned.  If  it  is  dis- 
allowed, the  court  must  direct  the  jury  to  be  impaneled.  (Feb.  21, 
1933,  ch.  110,  sec.  55  [176k],  47  Stat.  889.) 

342.  Informing  defendant  as  to  time  to  challenge  individual 
juror. — Before  a  juror  is  called  the  defendant  must  be  informed  by 
the  court,  or  under  its  direction,  that  if  he  intends  to  challenge  an 
individual  juror  he  must  do  so  when  the  juror  appears  and  before 
he  is  sworn.     (Feb.  21,  1933,  ch.  110,  sec.  55  [1761],  47  Stat.  889.) 

343.  Kinds  of  challenge  to  individual  juror. — A  challenge  to  an 
individual  juror  is  either — 

a.  Peremptory;  or 

b.  For  cause.     (Feb.  21,  1933,  ch.  110,  sec.  55  [I76m],  47  Stat.  889.) 

344.  Time  for  challenge  to  individual  juror. — It  must  be  taken 
when  the  juror  appears  and  before  he  is  sworn  to  try  the  cause; 
but  the  court  may  for  cause  permit  it  to  be  taken  after  the  juror  is 
sworn  and  before  the  jury  is  completed.  (Feb.  21,  1933,  ch.  110. 
sec.  55  [176n],  47  Stat.  889.) 

345.  Peremptory  challenge. — A  peremptory  challenge  can  be  taken 
by  either  party  and  may  be  oral.  It  is  an  objection  to  a  juror  for 
which  no  reason  need  be  given  but  upon  which  the  court  must  exclude 
him.    (Feb.  21,  1933,  ch.  110,  sec.  55  [176o],  47  Stat.  889.) 

346.  Number  of  peremptory  challenges;  waiver. — Upon  a  trial 
by  jury  each  side  shall  be  entitled  to  six  peremptory  challenges.  A 
waiver  of  a  challenge  by  either  party  shall  preclude  such  party 
except  by  consent  of  court  from  thereafter  challenging  peremptorily 
any  juror  then  in  the  jury  box,  and  the  remaining  challenges  of  such 
party  shall  be  limited  to  jurors  thereafter  called.  (Feb.  21,  1933,  ch. 
110,  sec.  55  [176oo],  47  Stat.  889.) 

347.  Challenge  for  cause;  kinds. — A  challenge  for  cause  may  be 
taken  by  either  party.  It  is  an  objection  to  a  particular  juror,  and 
is  either — 

a.  General — that  the  juror  is  disqualified  from  serving  in  any 
case;  or 

b.  Particular — that  he  is  disqualified  from  serving  in  the  action 
on  trial.     (Feb.  21,  1933,  ch.  110,  sec.  55  [176p],  47  Stat.  889.) 

348.  General  causes  of  challenge. — General  causes  of  challenge 
are: 

a.  A  conviction  of  felony; 

b.  A  want  of  any  of  the  qualifications  prescribed  by  law  to  render 
a  person  a  competent  juror;  and 

c.  Unsoundness  of  mind  or  such  defect  in  the  faculties  of  the  mind 
or  organs  of  the  body  as  to  render  him  incapable  of  performing  the 
duties  of  a  juror.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176q],  47  Stat. 
889.) 


93083—34 49  761 


T.  6,  §  349]  THE  CODE  OF  CRIMINAL  PROCEDURE 

349.  Implied  and  actual  bias. — Particular  causes  of  challenge  are 
of  two  kinds : 

a.  P'or  such  a  bias  as,  when  the  existence  of  the  facts  is  ascertained, 
in  judgment  of  law  disqualifies  the  juror,  and  which  i,s  knov>^n  in  this 
title  as  implied  bias;  and 

b.  For  the  existence  of  a  state  of  mind  on  the  part  of  the  juror 
in  reference  to  the  case,  or  to  either  of  the  parties,  which  will  pre- 
vent him  from  acting  with  entire  impartiality  and  without  prejudice 
to  the  substantial  rights  of  either  party,  which  is  known  in  this  title 
as  actual  bias.  But  no  person  shall  be  disqualified  as  a  juror  by 
reason  of  having  formed  or  expressed  an  opinion  upon  the  matter  or 
cause  to  be  submitted  to  such  jury,  founded  upon  public  rumor, 
statements  in  public  journals,  or  common  notoriety,  if  it  appears  to 
the  court  upon  his  declaration  under  oath  or  otherwise  that  he  can 
and  will  notwithstanding  such  an  opinion  act  impartially  and  fairly 
upon  the  matters  to  be  submitted  to  him.  (Feb.  21,  1933,  ch.  110. 
sec.  55  [176r,  176u],  47  Stat.  889.) 

350.  Challenge  for  implied  bias. — A  challenge  for  implied  bias 
may  be  taken  for  all  or  any  of  the  following  causes,  and  for  no  other : 

a.  Consanguinity  or  affinity  within  the  fourth  degree  to  the  person 
alleged  to  be  injured  by  the  oflense  charged,  or  on  whose  complaint 
the  prosecution  was  instituted,  or  to  the  defendant; 

b.  Standing  in  the  relation  of  guardian  and  ward,  attorney  and 
client,  master  and  servant,  or  landlord  and  tenant,  or  being  a  member 
of  the  family  of  the  defendant,  or  of  the  person  alleged  to  be  injured 
by  the  offense  charged  or  on  whose  complaint  the  pros.ecution  was 
instituted,  or  in  his  employment  on  wages ; 

c.  Being  a  party  adverse  to  the  defendant  in  a  civil  action,  or 
having  complained  against  or  been  accused  by  him  in  a  criminal 
prosecution ; 

d.  Having  served  on  a  trial  jury  which  ha,s  tried  another  person 
for  the  offense  charged ; 

e.  Having  been  one  of  a  jury  formerly''  sworn  to  try  the  same 
charge,  and  whose  verdict  was  set  aside,  or  which  was  discharged 
without  a  verdict  after  the  case  was  submitted  to  it ; 

f.  Having  served  as  a  juror  in  a  civil  action  brought  against  the 
defendant  for  the  act  charged  as  an  offense ;  and 

g.  If  the  offen,se  charged  be  punishable  with  death,  the  enter- 
taining of  such  conscientious  opinions  as  would  preclude  his  finding 
the  defendant  guilty;  in  which  case  he  must  neither  be  permitted  nor 
compelled  to  serve  as  a  juror.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176s], 
47  Stat.  890.) 

351.  Exemption  from  service  as  cause  of  challenge. — An  exemp- 
tion from  service  on  a  jury  is  not  a  cause  of  challenge,  but  the  privi- 
lege of  the  person  exempted.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176t], 
47  Stat.  890.) 

352.  Stating  causes  of  challenge. — In  a  challenge  for  implied  bias, 
one  or  more  of  the  causes  stated  in  section  350  of  this  title  must  be 
alleged.  In  a  challenge  for  actual  bias,  the  cause  stated  in  para- 
graph b  of  section  349  of  this  title  must  be  alleged.     Tlic  challenge 

762 


THE  CODE  OF  CRIMINAL  PROCEDUh'E 


[T.  6,  §  3G1 


may  be  oral,  but  must  be  entered  in  the  minutes  of  the  court  or  of  the 
reporter.     (Feb.  21, 1933,  ch.  110,  sec.  55  [176u],  47  Stat.  890.) 

353.  Exception  to  or  denial  of  challenge. — The  adverse  party  may 
except  to  the  challenge  in  the  same  manner  as  to  a  challenge  to  the 
panel,  and  the  same  proceedings  must  be  had  thereon  as  are  pre- 
scribed in  section  337  of  this  title,  except  that  if  the  exception  be 
allowed  the  juror  must  be  excluded.  The  adverse  party  may  also 
orally  denv  the  facts  alleged  as  the  ground  of  challenge.  (Feb.  21, 
1933,  ch.  liO,  sec.  55  [176v],  47  Stat.  890.) 

354.  Trial  of  challenge. — If  the  facts  are  denied  the  challenge  must 
be  tried  by  the  court.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176w],  47  Stat. 
890.) 

355.  Examination  of  juror  challenged. — Upon  the  trial  of  a 
challenge  to  an  individual  juror,  the  juror  challenged  may  be  exam- 
ined as  a  witness  to  prove  or  disprove  the  challenge  and  must  answer 
every  question  pertinent  to  the  inquiry.  (Feb.  21,  1933,  ch.  110,  sec. 
55  [176x],  47  Stat.  890.) 

356.  Examining  other  witnesses. — Other  witnesses  may  also  be 
examined  on  either  side,  and  the  rules  of  evidence  applicable  to  the 
trial  of  other  issues  govern  the  admission  or  exclusion  of  evidence  on 
the  trial  of  the  challenge.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176y], 
47  Stat.  890.) 

357.  Allowance  or  disallowance  of  challenge. — The  court  must 
allow  or  disallow  the  challenge,  and  its  decision  must  be  entered  in 
the  minutes  of  the  court.  (Feb.  21,  1933,  ch.  110,  sec.  55  [176z], 
47  Stat.  890.) 

ARTICLE  2.— THE  TRIAL 


Sec. 

361.  Older  of  trial. 

362.  Exclusion   or  separation  of  witnesses. 

363.  Presumption  of  innocence ;  reasonable 

doubt. 

364.  Reasonable   doubt   as   to   degree  of  of- 

fense committed. 

365.  Trial  of  defendants  jointly  charged. 

366.  Discharging   one   of   defendants   to   be 

Government  witness. 

367.  Discharging   one   of   defendants   to   be 

flefense  witness. 

368.  Such    discharges    as    bar    to    another 

proseciition. 

369.  Rules   of  evidence   in   general. 

370.  Direct  examination  ;  cross-examination. 

371.  Impeachment  and  contradiction  of  own 

witness. 
872.  Impeachment    of    opposing   witness    in 
general. 

373.  Impeachment  by  showing  prior  incon- 

sistent statements. 

374.  Manifestations  and  presumptions  as  to 

intent. 

375.  Proof  of  intent  to  defraud. 

376.  Corroboration  of  woman   upon  a  trial 

for  abortion  or  seduction. 


Sec. 

377.  Proof  upon  trial  for  bigamy. 

378.  Proof  of  overt  act  on   trial  for   con- 

spiracy. 

379.  Proof  of  false   pretenses. 

380.  Proof  of  forgery  of  bank  bill  or  note. 

381.  Proof   upon    trial    for    larceny   or    em- 

bezzlement of  money  or  securities. 

382.  Proof  upon   trial  for  violation  of  lot- 

tery laws. 

383.  Proof  of  murder  or  manslaughter. 

384.  Burden    of   establishing    mitigation   or 

justification   upon  trial  for  murder. 

385.  Proof  of  perjury  in  general. 

386.  Use  of  person's  testimony  as  witness  in 

his  prosecution  for  perjury. 

387.  Corroboration  of  testimony  of  accom- 

plice. 

388.  Discharge    of    defendant    for    lack    of 

jurisdiction    or    failure    to    charge 
offense. 

389.  View  of  premises  by  jury. 

390.  Number    of    counsel    who    may    argue 

cause. 

391.  Holding  defendant  in  custody  after  ap- 

pearance for  trial. 

392.  Costs  in  the  district  court. 


361.  Order  of  trial. — The  trial  shall  be  conducted  in  the  following 
order  unless  otherwise  directed  by  the  court: 

a.  The  district  attorney  or  other  counsel  for  the  Government  must 
open  the  cause  and  offer  the  evidence  in  support  of  the  charge ; 


763 


T.  6,  §  362]  THE  CODE  OF  CRIMINAL  PROCEDURE 

b.  The  defendant  or  his  counsel  may  then  open  the  defense  and 
offer  his  evidence  in  support  thereof ; 

c.  The  j)arties  may  then  respectively  offer  rebutting  testimony 
only,  unless  the  court  for  good  reason  in  furtherance  of  justice  per- 
mits them  to  offer  evidence  upon  their  original  case ;  and 

d.  When  the  evidence  is  concluded  unless  the  case  is  submitted  on 
either  side  or  on  both  sides  without  argument,  the  district  attorney 
or  other  counsel  for  the  Government  and  counsel  for  the  defendant 
may  argue  the  case;  the  district  attorney  or  other  counsel  for  the 
Government  opening  the  argument  and  having  the  right  to  close. 
(Feb.  21,  1933,  ch.  110,  sec.  56  [177,  subd.  3],  47  Stat.  890.) 

Cross-Refekences 

Establishment  and  jurisdiction  of  district  court,  see  title  7,  sections  21  to  26. 

Mode  of  trial,  see  sections  301  to  304  of  this  title. 

Trial  of  accessories,  see  sections  211  and  212  of  this  title. 

362.  Exclusion  or  separation  of  witnesses. — While  a  witness  is 
under  examination  the  court  may  exclude  all  witnesses  who  have  not 
been  examined.  It  may  also  cause  the  witnesses  to  be  kept  separate 
and  to  be  prevented  from  conversing  with  each  other  until  they  are 
examined. 

363.  Presumption  of  innocence;  reasonable  doubt. — A  defendant 
in  a  criminal  action  is  presumed  to  be  innocent  until  the  contrary  is 
proved  and  in  case  of  a  reasonable  doubt  as  to  his  guilt  is  entitled  to 
an  acquittal. 

364.  Reasonable  doubt  as  to  degree  of  offense  committed. — 

When  it  appears  that  the  defendant  has  committed  a  public  offense, 
and  there  is  reasonable  ground  of  doubt  in  which  of  two  or  more 
degrees  he  is  guilty,  he  can  be  convicted  of  the  lowest  of  such  degrees 
only. 

365.  Trial  of  defendants  jointly  charged. — When  two  or  more 
defendants  are  jointly  charged  with  a  felony,  any  defendant  requir- 
ing it  must  be  tried  separatel}^  In  other  cases  the  defendants  jointly 
charged  may  be  tried  separately  or  jointly,  in  the  discretion  of  the 
court. 

CROSS-REFEIiEN  CE 

Joinder  in  challenges  to  jury  by  defendants  tried  togetlier,  see  section  332  of 
this  title. 

366.  Discharging  one  of  defendants  to  be  Government  witness. — 

When  two  or  more  persons  are  included  in  the  same  charge,  the 
court  may,  at  any  time  before  the  defendants  have  adduced  testi- 
mony in  defense,  on  the  application  of  the  district  attorney,  direct 
any  defendant  to  be  discharged,  that  he  may  be  a  witness  for  the 
Government. 

367.  Discharging  one  of  defendants  to  be  defense  witness. — 

When  two  or  more  persons  are  included  in  the  same  information,  and 
the  court  is  of  opinion  that  in  regard  to  a  particular  defendant  there 
is  not  sufficient  evidence  to  put  him  on  his  defense,  it  must  order  him 
to  be  discharged  before  the  evidence  for  the  defense  is  closed,  that  he 
may  be  a  witness  for  his  codefendant. 

764 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  376 

368.  Such  discharges  as  bar  to  another  prosecution.— The  order 
mentioned  in  the  two  next  preceding  sections  is  an  cacquittal  of  the 
defendant  discharged  and  a  bar  to  another  prosecution  for  the  same 
offense. 

369.  Rules  of  evidence  in  general. — The  rules  of  evidence  in  civil 
actions  are  applicable  also  to  criminal  actions,  except  as  otherwise 
provided  in  this  title.  (Feb.  21,  1933,  ch.  110,  sec.  57  [184a],  47 
Stat.  891.) 

CkOSS-RBFB31ENCE8 

CoiuiDetency  of  witnesses,  see  sections  671  to  673  of  this  title. 
Rules  of  evidence  in  civil  actions,  see  title  4,  sections  1841  et  seq. 

370.  Direct  examination;  cross-examination. — The  examination 
of  a  witness  by  the  party  producing  him  is  denominated  the  direct 
examination;  the  examination  of  the  same  witness  upon  the  same 
matter  by  the  adverse  party,  the  cross-examination. 

371.  Impeachment  and  contradiction  of  own  witness. — The  party 
producing  a  witness  is  not  allowed  to  impeach  his  credit  by  evidence 
of  bad  character;  but  he  may  contradict  him  by  other  evidence  and 
show  that  he  has  at  other  times  made  statements  inconsistent  with 
his  testimony  given  in  the  trial. 

372.  Impeachment  of  opposing  witness  in  general. — A  witness 
may  be  impeached  by  the  party  against  whom  he  is  called,  by  con- 
tradictor}^ evidence,  or  by  evidence  that  his  general  reputation  for 
truth,  honesty  or  integrity  is  bad,  but  not  by  evidence  of  particular 
wrongful  acts,  except  that  it  may  be  shown  by  the  examination  of  the 
witness,  or  the  record  of  the  judgment,  that  he  has  been  convicted  of 
a  felony. 

373.  Impeachment  by  showing  prior  inconsistent  statements. — 

A  witness  may  also  be  impeached  by  evidence  that  he  has  made  at 
other  times  statements  inconsistent  with  his  testimony  given  on  the 
trial;  but  before  this  can  be  done  the  statements  must  be  related  to 
him  with  the  circumstances  of  time,  places  and  persons  present,  and 
he  must  be  asked  whether  he  made  such  statements,  and  if  so,  allowed 
to  explain  them.  If  the  statements  are  in  writing  they  must  be 
shown  to  the  witness  before  any  question  is  put  to  him  concerning 
them. 

374.  Manifestations  and  presumptions  as  to  intent. — The  intent 
or  intention  is  manifested  by  the  circumstances  connected  with  the 
offense  and  the  sound  mind  and  discretion  of  the  accused.  All  per- 
sons are  of  sound  mind  who  are  neither  idiots,  nor  lunatics,  nor  af- 
fected with  insanity.  A  malicious  and  guilty  intention  is  presumed 
from  the  manner  and  deliberation  with  which  an  unlawful  act  is 
intended  or  committed  for  the  jDurpose  of  injuring  another. 

375.  Proof  of  intent  to  defraud. — Whenever  by  any  of  the  provi- 
sions of  Title  5,  The  Criminal  Code,  an  intent  to  defraud  is  required 
in  order  to  constitute  any  offense,  it  is  sufficient  if  an  intent  appears 
to  defraud  any  person,  association,  or  body  politic  or  corporate, 
whatever. 

376.  Corroboration  of  woman  upon  a  trial  for  abortion  or  seduc- 
tion.— Upon   a   trial   for  procuring  or   attempting  to   procure   an 

705 


T.  G,  §  377 J  THE  CODE  OF  CRIMINAL  PROCEDURE 

abortion,  or  aiding  or  assisting  therein,  or  for  inveigling,  enticing  or 
taking  away  an  unmarried  female  of  previous  chaste  character,  under 
the  age  of  twenty-one  years,  for  the  purpose  of  prostitution,  or  aid- 
ing or  assisting  therein,  the  defendant  cannot  be  convicted  upon  the 
testimony  of  the  woman  upon  or  with  whom  the  offense  was  com- 
mitted, unless  she  is  corroborated  by  other  evidence. 

377.  Proof  upon  trial  for  bigamy. — Upon  a  trial  for  bigamy  it  is 
not  necessary  to  prove  either  of  the  marriages  by  the  register,  cer- 
tificate or  other  record  evidence  thereof,  but  the  same  may  be  proved 
by  such  evidence  as  is  admissible  to  prove  a  marriage ;  nor  when  and 
where  the  second  marriage  took  place,  proof  of  the  fact,  accompanied 
with  proof  of  cohabitation  thereafter  in  the  Canal  Zone,  being  sufR- 
icent  to  sustain  the  charge. 

Cboss-Referen  ce 

Proof  of  marriages  in  general,  see  title  3,  section  52. 

378.  Proof  of  overt  act  on  trial  for  conspiracy. — Upon  a  trial  for 
conspiracy,  in  a  case  where  an  overt  act  is  necessary  to  constitute 
the  offense,  the  defendant  cannot  be  convicted  unless  one  or  more 
overt  acts  are  expressly  alleged  in  the  information,  nor  unless  one 
of  the  acts  alleged  is  proved;  but  other  overt  acts  not  alleged,  but 
connected  with  the  offense  charged,  may  be  given  in  evidence. 

Ceos  s-Referen  ce 

Overt  act  as  element  of  the  offense,  see  title  5,  section  82. 

379.  Proof  of  false  pretenses. — Upon  any  trial  for  having,  with 
an  intent  to  cheat  or  defraud  another  designedly,  by  any  false  pre- 
tense, obtained  the  signature  of  any  person  to  a  written  instrument, 
or  having  obtained  from  any  person  money,  personal  property  or 
valuable  thing,  the  defendant  cannot  be  convicted  if  the  false  pre- 
tense was  expressed  in  language  unaccompanied  by  a  false  token 
or  writing,  unless  the  pretense,  or  some  note  or  memorandum  thereof, 
be  in  writing,  subscribed  by,  or  in  the  handwriting  of  the  defendant, 
or  unless  the  pretense  be  proven  by  the  testimony  of  two  witnesses, 
or  that  of  one  witness  and  corroborating  circumstances;  but  this 
section  shall  not  apply  to  a  prosecution  for  falsely  representing  or 
personating  another,  and,  in  such  assumed  character,  marrying  or 
receiving  any  money  or  property. 

380.  Proof  of  forgery  of  bank  bill  or  note. — Upon  a  trial  for 
forging  any  bill  or  note  purporting  to  be  the  bill  or  note  of  an  in- 
corporated company  or  bank,  or  for  passing,  or  attempting  to  pass, 
or  having  in  possession  with  intent  to  pass,  any  such  forged  bill  or 
note,  it  is  not  necessary  to  prove  the  incorporation  of  such  bank 
or  company  by  the  charter  or  act  of  incorporation,  but  it  may  be 
proved  by  general  reputation;  and  persons  of  skill  are  competent 
witnesses  to  prove  that  such  bill  or  note  is  forged  or  counterfeited. 

381.  Proof  upon  trial  for  larceny  or  embezzlement  of  money  or 
securities. — Upon  a  trial  for  larceny  or  embezzlement  of  money, 
bank  notes,  certilicates  of  stock  or  valuable  securities,  the  allegation 

706 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  386 

of  the  information,  so  far  as  regards  the  description  of  the  property, 
is  sustained  if  the  offender  is  proved  to  have  embezzled  or  stolen  any 
money,  bank  notes,  certificates  of  stock  or  valuable  security,  although 
the  particular  species  of  coin  or  other  money,  or  the  number,  denomi- 
nation or  kind  of  bank  notes,  certificates  of  stock  or  valuable  security 
is  not  proved ;  and  upon  a  trial  for  embezzlement,  if  the  offender  is 
proved  to  have  embezzled  any  ])iece  of  coin  or  other  money,  any  bank 
note,  certificate  of  stock  or  valuable  security,  although  such  piece  of 
coin  or  other  money,  or  such  bank  note,  certificate  of  stock  or  valu- 
able security,  may  have  been  delivered  to  him  in  order  that  some 
part  of  the  value  thereof  should  be  returned  to  the  party  delivering 
the  same,  and  such  part  shall  have  been  returned  accordingly, 

382.  Proof  upon  trial  for  violation  of  lottery  laws. — Upon  a  trial 
for  the  violation  of  any  of  the  provisions  of  Title  5,  The  Criminal 
Code,  or  other  law  for  the  suppression  of  lotteries,  it  is  not  necessai-y 
to  prove: 

a.  The  existence  of  any  lottery  in  which  any  lottery  ticket  pur- 
ports to  have  been  issued ; 

b.  The  actual  signing  of  any  such  ticket  or  share  of  any  pretended 
lottery;  or 

c.  That  any  lottery  ticket,  share  or  interest  was  signed  or  issued  by 
the  authority  of  any  manager  or  person  assuming  to  have  authority 
as  manager; 

But  in  all  cases  proof  of  the  sale,  furnishing,  bartering  or  pro- 
curing of  any  ticket,  share  or  interest  therein,  or  of  any  instrument 
purporting  to  be  a  ticket,  or  part  or  share  of  any  such  ticket,  is 
evidence  that  such  share  or  interest  was  signed  and  issued  according 
to  the  purport  thereof. 

383.  Proof  of  murder  or  manslaughter. — No  person  can  be  con- 
victed of  murder  or  manslaughter  unless  the  death  of  the  person 
alleged  to  have  been  killed,  and  the  fact  of  the  killing  by  the  defend- 
ant as  alleged,  are  established  as  independent  facts;  the  former  by 
direct  proof  and  the  latter  beyond  a  reasonable  doubt. 

384.  Burden  of  establishing  mitigation  or  justification  upon  trial 
for  murder. — Upon  a  trial  for  murder,  the  commission  of  the 
homicide  by  the  defendant  being  j^roved,  the  burden  of  proving  cir- 
cumstances of  mitigation,  or  that  justify  or  excuse  it,  devolves  upon 
him,  unless  the  proof  on  the  part  of  the  prosecution  tends  to  show 
that  the  crime  committed  only  amounts  to  manslaughter  or  that  the 
act  of  the  defendant,  of  which  complaint  is  made,  was  justifiable  or 
excusable. 

Cros  s-Refere  n  ce 

Justifiable  and  excusable  homicide,  see  title  5,  sections  259  to  263. 

385.  Proof  of  perjury  in  general. — Perjury  must  be  proved  by  the 
testimony  of  two  witnesses,  or  of  one  witness  and  corroborating  cir- 
cumstances.    (Feb.  21,  1933,  ch.  110,  sec.  58  [184b],  47  Stat.  891.) 

386.  Use  of  person's  testimony  as  witness  in  his  prosecution  for 
perjury. — The  various  sections  of  this  title  and  of  Title  5,  The 
Criminal  Code,  which  declare  that  evidence  obtained  upon  the  exami- 

767 


T.  6,  §  387]  THE  CODE  OF  CRIMINAL  PROCEDURE 

nation  of  a  person  as  a  witness  can  not  be  received  against  him  in 
any  criminal  proceeding,  do  not  forbid  such  evidence  being  proved 
against  such  person  upon  any  proceedings  founded  upon  a  charge  of 
perjury  committed  in  such  examination. 

387.  Corroboration  of  testimony  of  accomplice. — A  conviction 
cannot  be  had  on  the  testimony  of  an  accomplice  unless  he  is  cor- 
roborated by  other  evidence  which  in  itself  and  without  the  aid  of 
the  testimony  of  the  accomplice,  tends  to  connect  the  defendant  with 
the  commission  of  the  offense ;  and  the  corroboration  is  not  sufficient 
if  it  merely  shows  the  commission  of  the  offense  or  the  circumstances 
thereof. 

Cross-Reifekence 

Corroboration  of  woman  upon  a  trial  for  abortion  or  seduction,  see  section 
376  of  this  title. 

388.  Discharge  of  defendant  for  lack  of  jurisdiction  or  failure 
to  charge  offense. — The  court  may  direct  the  defendant  or  defend- 
ants to  be  discharged,  where  it  appears  that  it  has  not  jurisdiction 
of  the  offense,  or  that  the  facts  charged  do  not  constitute  an  offense 
punishable  by  law;  unless  in  its  opinion  a  new  information  can  be 
framed,  upon  which  the  defendant  can  be  legally  convicted,  in  which 
case  it  may  direct  the  district  attorney  to  file  a  new  information  or 
institute  such  other  proceedings  as  are  required  by  law. 

389.  View  of  premises  by  jury. — When,  in  the  opinion  of  the 
court,  it  is  proper  that  the  jury  should  view  the  place  in  which  the 
offense  is  charged  to  have  been  committed,  or  in  which  any  other 
material  fact  occurred,  it  may  order  the  jury  to  be  conducted  in  a 
body,  in  the  custody  of  the  marshal,  to  the  place,  which  must  be 
shown  to  them  by  a  person  appointed  by  the  court  for  that  purpose ; 
and  the  marshal  must  be  sworn  to  suffer  no  person  to  speak  or  com- 
municate with  the  jury,  nor  to  do  so  himself,  on  any  subject  con- 
nected with  the  trial,  and  to  return  them  into  court  without  unneces- 
sary delay  or  at  a  specified  time.  (Feb.  21,  1933,  ch.  110,  sec.  59 
[199],  47  Stat.  891.) 

390.  Number  of  counsel  who  may  argue  cause. — If  the  informa- 
tion is  for  an  offense  punishable  with  death  tw^o  counsel  on  each  side 
may  argue  the  cause.  If  it  is  for  any  other  offense  the  court  may  in 
its  discretion  restrict  the  argument  to  one  counsel  on  each  side. 

391.  Holding  defendant  in  custody  after  appearance  for  trial. — 

When  a  defendant  who  has  given  bail  appears  for  trial,  the  court 
may,  in  its  discretion,  at  any  time  after  his  appearance  for  trial, 
order  him  to  be  committed  to  the  custody  of  the  warden  of  the  jail, 
to  abide  the  judgment  or  further  order  of  the  court,  and  he  must  be 
committed  and  held  in  custody  accordingly. 

392.  Costs  in  the  district  court. — The  costs  in  criminal  cases  shall 
be  paid  by  the  defendant  in  cases  of  appeal  from  a  magistrate's 
court  if  the  appeal  is  not  prosecuted  or  if  the  appeal  is  prosecuted 
and  the  judgment  of  the  magistrate  is  affirmed,  and  shall  be  paid  in 
cases  other  than  appeals  from  the  magistrates'  courts  when  a  judg- 
ment of  guilty  is  entered.     Such  costs  shall  be  taxed  as  follows : 

768 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  403 


a.  Fees  for  witnesses  produced  by  the  Government  or  the  defense, 
$1  per  day  and  10  cents  per  mile  going  to  and  returning  from  court 
for  all  distances  over  three  miles; 

b.  For  a  deposition  of  a  witness  for  the  defendant,  $1 ; 

c.  For  issuing  a  warrant  of  arrest,  25  cents ; 

d.  For  every  adjournment  of  a  trial  on  motion  of  the  defend- 
ant, $2; 

e.  For  filing  each  paper  required  by  law  or  pleading,  5  cents; 

f.  For  furnishing  copies  to  the  defendant  of  all  pleadings  except 
the  information,  15  cents  per  folio ; 

g.  For  swearing  each  witness  on  trial,  10  cents ; 

h.  For  a  subpena,  including  all  the  names  contained  therein,  25 
cents,  and  in  no  case  can  more  than  six  subpenas  be  allowed  for ; 
i.  For  receiving  and  entering  a  judgment,  25  cents; 
j.  For  warrant  of  commitment  on  sentence,  75  cents; 
k.  For  record  of  conviction  and  filing  the  same,  75  cents ;  and 
1.  For  a  return  of  any  writ  of  certiorari,  25  cents. 

ARTICLE  3.— THE  VERDICT 


Sec. 

401.  Concurrence  of  all  jurors. 

402.  Return   of  verdict  in   general. 

403.  Directing  return  under  signature  and 

seal. 

404.  Presence    of    defendant   at    return    of 

verdict. 
40.5.   General  or  special  verdicts  authorized. 

406.  Forms  of  general  verdict. 

407.  Special  verdict  defined. 

408.  Manner  of  rendering  special  verdict. 

409.  Form  of  special  verdict. 

410.  Judgment  on  special  verdict. 

411.  Ordering     new     trial     where     special 

verdict  defective. 

412.  Necessity   that  verdict  find  degree  of 

crime. 


•Sec. 

413.  Finding    on    charge    of    previous    con- 

viction of  another  offense. 

414.  Authority  to  find  defendant  guilty  of 

included  offense  or  of  attempt. 

415.  Verdict    as    to    some    defendants    and 

retrial  of  others. 

416.  Directing    reconsideration    of    verdict. 

417.  Giving   judgment   upon    informal    ver- 

dict. 

418.  Polling  the  jury. 

419.  Recording  the  verdict. 

420.  Discharge   or   detention   of   defendant 

after  acquittal. 


401.  Concurrence  of  all  jurors. — All  the  jurors  must  concur  to 
render  a  verdict.  (Feb.  21,  1933,  ch.  110,  sec.  75  [209b],  47  Stat. 
893.) 

Ckoss-Refekence 

Number  of  jurors,  see  section  303  of  this  title. 

402.  Return  of  verdict  in  general. — When  the  jury  have  agreed 
upon  their  verdict  they  must  be  conducted  into  court  by  the  oiiicer 
having  them  in  charge.  When  the  jury  appear  they  must  be  asked 
by  the  court,  or  clerk,  whether  they  have  agreed  upon  their  verdict, 
anr^  if  the  foreman  answers  in  the  affirmative,  they  must,  on  being 
required,  declare  the  same.  (Feb.  21,  1933,  ch.  110,  sec.  60  [202a], 
47  Stat.  891.) 

403.  Directing  return  under  signature  and  seal. — The  court 
may,  without  regard  to  the  consent  or  objection  of  parties,  direct 
the  jury,  in  case  they  should  agree,  to  sign  the  verdict,  place  it  in  an 
envelope,  and  return  it  into  open  court,  or  may  direct  the  marshal  to 
permit  the  jury,  upon  agreement,  to  sign  and  seal  their  verdict  and 
return  it  into  open  court  the  following  morning,  or,  upon  the  jury's 
coming  into  court  to  report  agreement,  counsel  being  absent,  may 


769 


T.  6,  §  404]  THE  CODE  OF  CRIMINAL  PROCEDURE 

instruct  the  jury  to  seal  their  verdict  and  return  it  into  court  on 
the  following  day.  (Feb.  21,  1933,  ch.  110,  sec.  74  [209a],  47  Stat. 
893.) 

404.  Presence  of  defendant  at  return  of  verdict. — In  all  cases  of 
felony  the  defendant  must  be  present  in  court  when  the  verdict  is 
announced.  If  the  trial  is  for  a  misdemeanor,  the  verdict  may  be 
rendered  by  the  court  in  the  absence  of  the  defendant. 

Cross-Refekence 

Presence  at  trial,  see  section  304  of  this  title. 

405.  General  or  special  verdicts  authorized. — The  jury  may  ren- 
der a  general  verdict,  or,  when  they  are  in  doubt  as  to  the  legal  effects 
of  the  facts  proved,  they  may,  except  upon  a  trial  for  libel,  find  a 
special  verdict.     (Feb.  21,  1933,  ch.  110,  sec.  61  [202  b],  47  Stat.  891.) 

406.  Forms  of  general  verdict. — A  general  verdict  upon  a  plea  of 
not  guilty  is  either  "  guilty  "  or  "  not  guilty,"  which  imports  a  con- 
viction or  acquittal  of  the  offense  charged  in  the  information.  Upon 
a  plea  of  a  former  conviction  or  acquittal  of  the  same  offense,  it  is 
either  "  for  the  Government "  or  "  for  the  defendant."  When  the 
defendant  is  acquitted  on  the  ground  that  he  was  insane  at  the  time 
of  the  commission  of  the  act  charged,  the  verdict  must  be  "  not  guilty 
by  reason  of  insanity." 

407.  Special  verdict  defined. — A  special  verdict  is  that  by  which 
the  jury  find  the  facts  only,  leaving  the  judgment  to  the  court.  It 
must  present  the  conclusions  of  fact  as  established  by  the  evidence, 
and  not  the  evidence  to  prove  them,  and  these  conclusions  of  fact 
must  be  so  presented  that  nothing  remains  to  the  court  but  to  draw 
conclusions  of  law  upon  them.  (Feb.  21, 1933,  ch.  110,  sec.  62  [202  c], 
47  Stat.  891.) 

408.  Manner  of  rendering  special  verdict. — The  special  verdict 
must  be  reduced  to  writing  by  the  jury,  or  in  their  presence  entered 
upon  the  minutes  of  the  court,  read  to  the  jury  and  agreed  to  by 
them,  before  they  are  discharged.  (Feb.  21,  1933,  ch.  110,  sec.  63 
[202  d],  47  Stat.  891.) 

409.  Form  of  special  verdict. — The  special  verdict  need  not  be  in 
any  particular  form,  but  is  sufficient  if  it  presents  intelligibly  the 
facts  found  by  the  jury.  (Feb.  21,  1933,  ch.  110,  sec.  64  [202  e],  47 
Stat.  891.) 

410.  Judgment  on  special  verdict. — The  court  must  give  judg- 
ment upon  the  special  verdict  as  follows : 

a.  If  the  plea  is  not  guilty,  and  the  facts  prove  the  defendant 
guilty  of  the  offense  charged  in  the  information,  or  of  any  other 
offense  of  which  he  could  be  convicted  under  that  information,  judg- 
ment must  be  given  accordingl3^  But  if  otherwise,  judgment  of 
acquittal  must  be  given ;  and 

b.  If  the  plea  is  a  former  conviction  or  acquittal  of  the  same 
offense,  the  court  must  give  judgment  of  acquittal  or  conviction,  as 
the  facts  prove  or  fail  to  prove  the  former  conviction  or  acquittal. 
<Feb.  21,  1933,  ch.  110,  sec.  65  [202  f],  47  Stat.  891.) 

770 


TEE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  417 

411.  Ordering  new  trial  where  special  verdict  defective. — If  the 

jury  do  not,  in  a  special  verdict,  pronounce  affirmatively  or  nega- 
tively on  the  facts  necessary  to  enable  the  court  to  give  judgment, 
or  if  they  find  the  evidence  of  facts  merely,  and  not  the  conclusions 
of  fact,  I'rom  the  evidence,  as  established  to  their  satisfaction,  the 
court  must  order  a  new  triah  (Feb.  21,  1933,  ch.  110,  sec.  66  [202  g], 
47  Stat.  892.) 

412.  Necessity  that  verdict  find  degree  of  crime. — Whenever  a 
crime  is  distinguished  into  degrees  a  verdict  of  conviction  must 
find  the  degree  of  the  crime  of  which  the  defendant  is  guilty. 

Ceoss-Refekence 

Determination  of  degree  by  court  upon  plea  of  guilty,  see  section  4S5  of  tliis 
title. 

413.  Finding  on  charge  of  previous  conviction  of  another  of- 
fense.— Whenever  the  fact  of  a  previous  conviction  of  another 
offense  is  charged  in  an  information,  the  court  or  jury,  if  it  finds  a 
verdict  of  guilty  of  the  offense  with  which  he  is  charged,  must  also, 
unless  the  answer  of  the  defendant  admits  the  charge,  find  whether 
or  not  he  has  suffered  such  previous  conviction.  The  verdict  of  the 
court  or  jury  upon  a  charge  of  a  previous  conviction  may  be :  "  The 
charge  of  previous  conviction  is  true,"  or  "  The  charge  of  previous 
conviction  is  not  true."  (Feb.  21,  1933,  ch.  110,  sec.  71  [206],  47 
Stat.  893.) 

414.  Authority  to  find  defendant  guilty  cf  included  offense  or 
of  attempt. — The  court  or  jury  may  find  the  defendant  guilty  of 
any  offense,  the  commission  of  which  is  necessarily  included  in  that 
with  which  he  is  charged,  or  of  an  attempt  to  commit  the  offense. 
(Feb.  21, 1933,  ch.  110,  sec.  72  [207],  47  Stat.  893.) 

415.  Verdict  as  to  some  defendants  and  retrial  of  others. — On 

an  information  against  several,  if  the  court  or  jury  cannot  agree 
upon  a  verdict  as  to  all,  they  may  render  a  verdict  as  to  those  in 
regard  to  whom  they  do  agree,  on  which  a  judgment  must  be  entered 
accordingly,  and  the  case  as  to  the  others  may  be  retried.  (Feb.  21, 
1933,  ch.  110,  sec.  73  [208],  47  Stat.  893.) 

416.  Directing  reconsideration  of  verdict. — AVlien  there  is  a 
verdict  of  conviction,  in  which  it  appears  to  the  court  that  the  jury 
have  mistaken  the  law,  the  court  may  explain  the  reason  for  that 
opinion  and  direct  the  jury  to  reconsider  their  verdict,  and  if,  after 
the  reconsideration,  they  return  the  same  verdict,  it  must  be  entered; 
but  when  there  is  a  verdict  of  acquittal,  the  court  cannot  require 
the  jury  to  reconsider  it.  If  the  jury  render  a  verdict  which  is 
neither  general  nor  special,  the  court  may  direct  them  to  reconsider 
it,  and  it  cannot  be  recorded  until  it  is  rendered  in  some  form  from 
which  it  can  be  clearly  understood  that  the  intent  of  the  jury  is 
either  to  render  a  general  verdict  or  to  find  the  facts  specially  and 
to  leave  the  judgment  to  the  court.  (Feb.  21,  1933,  ch.  110,  sec.  67 
[202h],  47  Stat.  892.) 

417.  Giving  judgment  upon  informal  verdict — If  the  jury  per- 
sist in  finding  an  informal  verdict,  from  which,  however,  it  can 

m 


T.  6, §  418] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


be  clearly  understood  that  their  intention  is  to  find  in  favor  of  the 
defendant  upon  the  issue,  it  must  be  entered  in  the  terms  in  which 
it  is  found,  and  the  court  must  give  judgment  of  acquittal.  But  no 
judgment  of  conviction  can  be  given  unless  the  jury  expressly  find 
against  the  defendant  upon  the  issue,  or  judgment  is  given  against 
him  on  a  special  verdict.  (Feb.  21,  1933,  ch.  110,  sec.  68  [202i], 
47  Stat.  892.) 

418.  Polling  the  jury. — When  a  verdict  is  rendered  and  before  it 
is  recorded,  the  jury  may  be  polled  at  the  request  of  either  party 
in  which  case  they  must  be  severally  asked  whether  it  is  their  ver- 
dict, and  if  anyone  answers  in  the  negative,  the  jury  must  be  sent  out 
for  further  deliberation.  (Feb.  21,  1933,  ch.  110,  sec.  69  [202j],  47 
Stat.  892.) 

419.  Recording  the  verdict. — When  the  verdict  given  is  such  as 
the  court  may  receive,  the  clerk  must  immediately  record  it  in  full 
upon  the  minutes,  read  it  to  the  jury,  and  inquire  of  them  whether  it 
is  their  verdict.  If  any  juror  disagree,  the  fact  must  be  entered  upon 
the  minutes  and  the  jury  again  sent  out ;  but  if  no  disagreement  is 
expressed,  the  verdict  is  complete,  and  the  jurv  must  be  discharged 
from  the  case.     (Feb.  21,  1933,  ch.  110,  sec.  70  [202k],  47  Stat.  892.) 

420.  Discharge  or  detention  of  defendant  after  acquittal. — If 

judgment  of  acquittal  is  given  on  a  general  verdict,  and  the  defend- 
ant is  not  detained  for  any  other  legal  cause,  he  must  be  discharged 
as  soon  as  the  judgment  is  given,  except  where  the  acquittal  is  be- 
cause of  a  variance  between  the  pleading  and  proof,  which  may  be 
obviated  by  a  new  information.  The  court  may  order  his  deten- 
tion, to  the  end  that  a  new  information  may  be  preferred  in  the  same 
manner  and  with  like  effect  as  provided  by  law. 

Cboss-Refei;ence 
Discharge  or  detention  after  arrest  of  judgment,  see  section  464  of  this  title. 

ARTICLE  4.— EXCEPTIONS 


Sec. 

431.  Exception  defined. 
482.   Time  of  taking  exception. 
433.   Certain   rulings  not  subject   to   excep- 
tion. 


Sec. 

434.  Matters    deemed    to    have    been    ex- 
cepted to. 


431.  Exception  defined. — An  exception  is  an  objection  upon  a 
matter  of  law  to  a  decision  made  by  a  court,  tribunal,  judge  or  other 
judicial  officer  in  an  action  or  j^roceeding.  (Feb.  21,  1933,  ch.  110, 
sec.  76  [210],  47  Stat.  893.) 

432.  Time  of  taking  exception. — Except  as  provided  in  section 
434  of  this  title,  the  exception  must  be  taken  at  the  time  the  decision 
is  made.     (Feb.  21,  1933,  ch.  110,  sec.  76  [210],  47  Stat.  893.) 

433.  Certain  rulings  not  subject  to  exception. — Eulings  of  the 
court  upon  minor  discretionary  matters,  such  as  adjournments,  post- 
])onements  of  trials  and  the  like,  shall  not  be  subject  to  exception. 
(Feb.  21,  1933,  ch.  110,  sec.  76  [210],  47  Stat.  893.) 

434.  Matters  deemed  to  have  been  excepted  to. — The  verdict  of 
the  jury,  the  final  decision  in  an  action  or  proceeding,  an  interlocu- 


772 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  443 

tory  order  or  decision  finally  detennining  the  rights  of  the  parties  or 
some  of  them,  an  order  or  decision  from  which  an  appeal  may  be 
taken,  an  order  sustaining  or  overruling  a  demurrer,  granting  or 
refusing  a  motion  to  set  aside  an  information,  a  motion  in  arrest  of 
judgment,  a  motion  for  a  new  trial,  making  or  refusing  to  make 
an  order  after  judgment  affecting  any  substantial  rights  of  the 
parties,  refusing  to  grant  a  change  of  the  place  of  trial,  allowing 
or  refusing  to  allow  an  amendment  to  a  pleading,  striking  out  a 
pleading  or  a  portion  thereof,  an  order  made  upon  ex  parte  applica- 
tion, an  order  or  decision  made  in  the  absence  of  a  party,  and  in- 
structions given  or  refused,  are  deemed  to  have  been  excepted  to. 
(Feb.  21,  1933,  ch.  110,  sec.  77  [212],  47  Stat.  893.) 

ARTICLE  5.— BILL  OF  EXCEPTIONS 


Sec. 

441.  Contents  of  bUl  of  exceptions. 

442.  Insertion  of  entire  charge  to  jury  for- 

bidden. 


Sec. 

443.  Settling  bill  of  exceptions. 


441.  Contents  of  bill  of  exceptions. — A  bill  of  exceptions  must 
contain  only  so  much  of  the  evidence  as  may  be  necessary  to  present 
clearly  the  questions  of  law  involved  in  the  rulings  to  which  excep- 
tions are  reserved,  and  such  evidence  as  is  einbraced  therein  shall  be 
set  forth  in  condensed  and  narrative  form,  save  as  a  proper  under- 
standing of  the  questions  presented  may  require  that  parts  of  it  be 
set  forth  otherwise.  (Feb.  21,  1933,  ch.  110,  sec.  79  [215],  47  Stat. 
894.) 

Ceoss-Refekencb 

For  provisions  authoriziug  the  Supreme  Court  to  prescribe  the  manner  of 
preparing  bills  of  exceptions,  see  U.S.  Code  title  28,  section  723a  (appendix, 
p.  988). 

442.  Insertion  of  entire  charge  to  jury  forbidden. — No  bill  of  ex- 
ceptions shall  be  allowed  which  shall  contain  the  charge  of  the  court 
at  large  to  the  jury,  upon  any  general  exception  to  the  whole  of  such 
charge.  But  the  party  excepting  shall  be  required  to  state  distinctly 
the  several  matters  of  law  in  such  charge  to  which  he  excepts ;  and 
those  matters  of  law,  and  those  only,  shall  be  inserted  in  the  bill  of 
exceptions  and  allowed  by  the  court.  (Feb.  21,  1933,  ch.  110,  sec.  80 
[215a],  47  Stat.  894.) 

443.  Settling  bill  of  exceptions. — Where  a  party  desires  to  have 
the  exceptions  settled  in  a  bill  of  exceptions,  the  draft  of  a  bill  must 
be  prepared  by  him  and  presented,  upon  notice  of  at  least  two  days 
to  the  adverse  party,  to  the  judge  for  settlement  wuthin  ten  days 
after  the  announcement  of  the  verdict,  unless  further  time  is  granted 
by  the  judge,  or  within  that  period  the  draft  must  be  delivered  to 
the  clerk  of  the  court  for  the  judge.  When  received  by  the  clerk,  he 
must  deliver  it  to  the  judge,  or  transmit  it  to  him  at  the  earliest  time 
practicable.  When  settled,  the  bill  must  be  signed  by  the  judge  and 
filed  with  the  clerk  of  the  court.  If  the  judge  in  any  case  refuses  to 
allow  an  exception  in  accordance  with  the  facts,  the  party  desiring 
the  bill  settled  may  apply  by  petition  to  the  United  States  Circuit 
Court  of  Appeals  for  the  Fifth  Circuit  to  prove  the  same.  The  ap- 
plication may  be  made  in  the  mode  and  manner  and  under  such 

773 


T.  6,  §  451] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


regulations  as  that  court  may  prescribe;  and  the  bill,  when  proven, 
must  be  certified  by  the  court  as  correct,  and  filed  with  the  clerk  of 
the  court  in  which  the  action  was  tried,  and  when  so  filed,  it  has  the 
same  force  and  effect  as  if  settled  by  the  judge  who  tried  the  cause. 
If  the  judge  who  presided  at  the  trial  ceases  to  hold  office  before  the 
bill  is  tendered  or  settled,  he  may  nevertheless  settle  such  bill,  or 
the  party  may,  as  provided  in  this  section,  apply  to  the  Circuit  Court 
of  Appeals  to  prove  the  same.  (Feb.  21,  1933,  ch.  110,  sec.  78  [214], 
47  Stat.  894.) 

ARTICLE  6.— NEW  TRIALS 


Sec. 

451.  New  trial   defined. 

452.  Grounds  for  new  trial. 

453.  Time  for  malting  and  filing  motion  for 

new   trial. 


writing ;     specification    of 


Sec. 

454.  Motion    in 

grounds. 

455.  Hearing  and  determination  of  motion. 
45G.   Effect  of  granting  new   trial. 


451.  New  trial  defined. — A  new  trial  is  a  reexamination  of  the 
issue  in  the  same  court  after  a  verdict  has  been  given. 

Ckoss-Reference 

For  provisions  authorizing  the  Supreme  Court  to  regulate  proceedings  after 
verdict  in  criminal  cases,  see  U.S.  Code,  title  28,  section  723a  (appendix,  p.  983). 

452.  Grounds  for  new  trial. — Wlien  a  verdict  has  been  rendered 
against  the  defendant,  the  court  may,  upon  his  application,  grant  a 
new  trial  in  the  following  cases  only : 

a.  When  the  trial  has  been  had  in  his  absence  and  the  information 
is  for  a  felony; 

b.  When  evidence  has  been  received  out  of  court  other  than  that 
resulting  from  a  view  of  the  premises ; 

c.  When  the  court  or  any  member  thereof  has  been  guilty  of  any 
misconduct  by  which  a  fair  and  due  consideration  of  the  case  has  been 
prevented ; 

d.  When  the  verdict  has  been  decided  by  lot,  or  by  any  means 
other  than  by  a  fair  expression  of  opinion ; 

e.  When  the  court  has  erred  in  the  decision  of  any  question  of  law 
arising  during  the  course  of  the  trial; 

f.  When  the  verdict  is  contrary  to  law  or  evidence;  and 

g.  When  new  evidence  is  discovered  material  to  the  defendant 
and  which  he  could  not  with  reasonable  diligence  have  discovered 
and  produced  at  the  trial.  When  a  motion  for  a  new  trial  is  made 
upon  the  ground  of  newly  discovered  evidence,  the  defendant  must 
produce  at  the  hearing  in  support  thereof  the  affidavit  of  the  wit- 
nesses by  whom  such  evidence  is  expected  to  be  given,  and  if  time 
is  required  by  the  defendant  to  procure  such  affidavits,  the  court  may 
postpone  the  hearing  of  the  motion  for  such  length  of  time  as,  under 
all  the  circumstances  of  the  case,  may  seem  reasonable. 

453.  Time  for  making  and  filing  motion  for  new  trial. — A  motion 
for  a  new  trial  shall  be  made  only  after  verdict  of  the  jury  or  deci- 
sion by  the  court,  and  before  judgment.  The  motion  shall  be  filed 
within  five  days  after  verdict  of  the  jury  or  decision  by  the  court, 
unless  for  good  cause  shown  the  court  or  judge,  within  the  five-dav 
period,  extends  the  time.  (Feb.  21,  1933,'  ch.  110.  sec.  81  [219],  47 
Stat.  894.) 


774 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  4G4 

454.  Motion  in  writing;  specification  of  grounds. — A  motion  for 
a  new  trial  shall  be  in  writing  and  must  set  out  specifically  the 
grounds  upon  which  it  is  made.  When  a  ground  of  the  motion  is  the 
insufficienc}^  of  the  evidence  to  justify  the  verdict  or  decision,  the 
motion  must  specify  the  particulars  in  which  the  evidence  is  alleged 
to  be  insufficient.  When  a  ground  of  the  motion  is  error  in  law 
occurring  at  the  trial  and  excepted  to  by  the  moving  party,  the 
motion  must  specify  the  particular  errors  upon  which  the  party  will 
rely,  and  in  the  case  of  a  question  as  to  the  admissibility  of  evidence 
the  question,  objection  or  motion,  ruling,  and  exception  thereto  must 
be  fully  set  out.     (Feb.  21,  1933,  ch.  110,  sec.  81  [219],  47  Stat.  894.) 

455.  Hearing  and  determination  of  motion. — A  motion  for  new 
trial  shall  be  heard  and  determined  as  speedily  as  possible  after  the 
same  is  filed.    (Feb.  21,  1933,  ch.  110,  sec.  81  [219],  47  Stat.  894.) 

456.  Effect  of  granting  new  trial. — The  granting  of  a  new  trial 

places  the  parties  in  the  same  position  as  if  no  trial  had  been  had. 
All  the  testimony  must  be  produced  anew,  and  the  former  verdict 
cannot  be  used  or  referred  to  either  in  evidence  or  in  argument,  or  be 
pleaded  in  bar  of  any  conviction  w^hich  might  have  been  had  under 
the  information. 

ARTICLE  7.— ARREST  OF  JUDGMENT 


Sec. 

464.  Discharge     or     holding    of    defendant 
upon  arrest  of  judgment. 


Sec. 

461.  Motion  in  arrest  of  judgment. 

462.  Ari-est   of  judgment   by   court  on  own 

motion. 

463.  Effect  of  allowing  motion  in  arrest  of 

judgment. 

461.  Motion  in  arrest  of  judgment. — A  motion  in  arrest  of  judg- 
ment is  an  application  on  the  part  of  the  defendant  that  no  judgment 
be  rendered  on  a  plea  or  verdict  of  guilty,  or  on  a  verdict  against 
the  defendant  on  a  plea  of  a  former  conviction  or  acquittal.  It  may 
be  founded  on  any  of  the  defects  in  the  information  unless  the  ob- 
jection has  been  waived  by  a  failure  to  demur,  and  must  be  made 
before  or  at  the  time  the  defendant  is  called  for  judgment. 

Ceoss-Reference 

For  provisions  authorizing  the  Supreme  Court  to  regulate  proceedings  after 
verdict,  see  U.S.  Code,  title  28,  section  723a   (appendix,  p.  983). 

462.  Arrest  of  judgment  by  court  on  own  motion. — The  court 
may  also,  on  its  own  view  of  any  of  these  defects,  arrest  the  judg- 
ment without  motion. 

463.  Effect  of  allowing  motion   in  arrest  of  judgment. — The 

effect  of  allowing  a  motion  in  arrest  of  judgment  is  to  place  the  de- 
fendant in  the  same  situation  in  which  he  was  before  the  information 
was  filed. 

464.  Discharge  or  holding  of  defendant  upon  arrest  of  judg- 
ment.— If  from  the  evidence  on  the  trial  there  is  reason  to  believe 
the  defendant  guilty,  and  a  new  information  can  be  framed  upon 
which  he  may  be  convicted,  the  court  may  order  him  to  be  recom- 
mitted to  the  officer  of  the  proper  division,  or  admitted  to  bail  anew 

775 


T.  6,  §  481] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


to  answer  the  new  information.  If  the  evidence  shows  him  guilty 
of  another  otFense,  he  must  be  committed  or  held  thereon,  and  in 
neither  case  shall  the  verdict  be  a  bar  to  another  prosecution.  But  if 
no  evidence  appears  sufficient  to  charge  him  with  any  offense,  he  must 
if  in  custody  be  discharged ;  or  if  admitted  to  bail,  the  bail  is  exon- 
erated; or  if  money  has  been  deposited  instead  of  bail,  it  must  be 
refunded  to  the  defendant;  and  the  arrest  of  judgment  shall  operate 
as  an  acquittal  of  the  charge  upon  which  the  information  was 
founded. 

CHAPTER  14.— JUDGMENT 


Sec. 
481. 
482. 


Time  for  pronouncing  judgment. 

Duty  of  court  or  magistrate  to  deter- 
mine and  impose  punishment. 

Determination  of  punishment  by  court 
or  magistrate  where  undetermined 
between   limits. 

Determination  by  court  where  mini- 
mum punishment  only  is  prescribed. 

Determination  by  court  of  degree  of 
crime  upon  plea  of  guilty. 

rrosence  of  defendant. 

Bringing  defendant  before  court  when 
in  custody. 

488.  Bringing  defendant  before  court  when 

on  bail ;  bench  warrant. 

489.  Is^iuance  of  bench  warrant  at  any  time 

after  order. 

490.  Form  of  bench  warrant. 

491.  Service  of  bench  warrant. 


483. 


484. 
485. 


486 

487, 


Sec. 

492.  Arraignment    of    defendant    for    judg- 
ment. 
403.   I'ronouncement  of  judgment. 

494.  Hearing  circumstances  in  aggravation 

or  mitigation  of  punishment. 

495.  Presentation  of  such  circumstances. 

496.  Mitigation  when  act  already  punished 

as  contempt. 

497.  Judgment    for   imprisonment    for   non- 

payment of  fine  and  costs. 

498.  Sentence    to    imprisonment    at    hard 

labor  for  felony. 

499.  Entry  of  judgment. 

500.  Suspension  of  sentence  by  district  and 

magistrates'  courts  ;  probation. 

501.  Requiring   defendant   on    probation    to 

pay  fine,  make  restitution,  and  sup- 
port dependents. 


Cross-Rei'ekencb 

Inquiry  into  defendant's  sanity  after  conviction,  see  sections  811  to  816  of  this 
title. 

Section  481.  Time  for  pronouncing  judgment. — After  a  plea  or 
verdict  of  guilty,  or  after  a  verdict  against  the  defendant  on  the  plea 
of  a  former  conviction  or  acquittal,  if  the  judgment  be  not  arrested 
or  a  new  trial  granted,  the  court  must  appoint  a  time  for  pronouncing 
judgment,  which  in  cases  of  felony  must  be  at  least  two  days  after 
the  verdict  if  the  court  intend  to  remain  in  session  so  long ;  but  if  not, 
then  at  as  remote  a  time  as  can  reasonably  be  allowed. 

Cboss-Referencb 

For  provisions  authorizing  the  Supreme  Court  to  regulate  proceedings  after 
verdict,  see  U.S.  Code,  title  28,  section  723a    (appendix,  p.  983). 

482.  Duty  of  court  or  magistrate  to  determine  and  impose  pun- 
ishment.— The  several  sections  of  Title  5,  The  Criminal  Code,  which 
declare  certain  crimes  to  be  punishable  as  therein  mentioned, 
devolve  a  duty  upon  the  court  or  magistrate  authorized  to  pass  sen- 
tence, to  determine  and  impose  the  punishment  prescribed. 

483.  Determination  of  punishment  by  court  or  magistrate  where 
undetermined  between  limits. — Whenever  in  Title  5,  The  Criminal 
Code,  the  punishment  for  a  crime  is  left  undetermined  between 
certain  limits,  the  punishment  to  be  inflicted  in  a  particular  case 
must  be  determined  by  the  court  or  magistrate  authorized  to  pass 
sentence,  within  such  limits  as  may  be  prescribed  by  the  Criminal 
Code. 


776 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  490 

484.  Determination  by  court  where  minimum  punishment  only  is 
prescribed. — When  a  person  is  declared  punishable  for  a  crime  by 
imprisonment  in  the  penitentiary  for  a  term  not  less  than  any  speci- 
fied number  of  years,  and  no  limit  to  the  duration  of  such  imprison- 
ment is  declared,  the  court  authorized  to  pronounce  judgment  upon 
such  conviction  may,  in  its  discretion,  sentence  the  offender  to  im- 
prisonment for  any  number  of  years  not  less  than  that  prescribed. 
(Feb.  21,  1933,  ch.  109,  sec.  10  [29],  47  Stat.  860.) 

485.  Determination  by  court  of  degree  of  crime  upon  plea  of 
guilty. — Upon  a  plea  of  guilty  of  a  crime  distinguished  or  divided 
into  degrees,  the  court  must,  before  passing  sentence,  determine  the 
degree. 

Cross-Reference 

Necessity  that  verdict  find  degree  of  crime,  see  section  412  of  this  title. 

486.  Presence  of  defendant. — For  the  purpose  of  judgment,  if 
the  conviction  is  for  a  felony,  the  defendant  must  be  personally  pres- 
ent; if  for  a  misdemeanor,  judgment  may  be  pronounced  in  his 
absence. 

Cross-Rei'eeence 

Presence  of  defendant  at  other  stages  of  proceedings,  see  section  304  of  this 
title  and  references  thereunder. 

487.  Bringing  defendant  before  court  when  in  custody. — When 
the  defendant  is  in  custodj'^,  the  court  may  direct  the  officer  in  whose 
custody  he  is  to  bring  him  before  it  for  judgment,  and  the  officer 
must  do  so. 

488.  Bringing  defendant  before  court  when  on  bail;  bench  war- 
rant.— If  the  defendant  has  been  released  on  bail  or  has  deposited 
money  instead  thereof  and  does  not  appear  for  judgment  when  his 
personal  appearance  is  necessary,  the  court  in  addition  to  the  for- 
feiture of  the  undertaking  of  bail  or  of  the  money  deposited,  may 
direct  the  clerk  to  issue  a  bench  warrant  for  his  arrest. 

489.  Issuance  of  bench  warrant  at  any  time  after  order. — The 

clerk  on  the  application  of  the  district  attorney  may  issue  the  bench 
warrant  referred  to  in  the  next  preceding  section,  at  any  time  after 
the  making  of  the  order  therein  mentioned  and  whether  the  court 
is  sitting  or  not. 

490.  Form  of  bench  warrant. — The  bench  warrant  must  be  sub- 
stantially in  the  following  form: 

In  the  United  States  District  Court  for  the  District  of  the 
Canal  Zone,  Division  of 

The  Government  of  the  Canal  Zone  to  the  Marshal  or  any 
Peace  Officer  of  the  Canal  Zone : 

That having  been  on  the day  of A.  D. 

,  duly  convicted,  in  the  United  States  District  Court  for 

the  District  of  the  Canal  Zone,  of  the  crime  of , 

(designating  it  generally) 

you  are  therefore  commanded   forthwith  to   arrest  the   above 
named and  bring  him  before  that  court  for  judgment. 

93083—34 50  777 


T.  6,  §  491]  THE  CODE  OF  CRIMINAL  PROCEDURE 

Given  under  my  hand,  with  the  seal  of  the  court  affixed,  this 

day  of ,  A.  D. 

By  order  of  the  Court. 
[seal]  Clerk  of  the  Court. 

491.  Service  of  bench  warrant. — The  bench  warrant  may  be  served 
in  the  same  manner  as  a  warrant  of  arrest;  and  whether  it  is  served 
in  the  division  in  which  it  was  issued  or  in  the  other  division,  the 
officer  must  arrest  the  defendant  and  bring  him  before  the  court  or 
commit  him  to  the  officer  mentioned  in  the  warrant,  according  to  the 
commaRd  thereof. 

492.  Arraignment  of  defendant  for  judgment. — When  the  defend- 
ant appears  for  judgment  he  must  be  informed  by  the  court,  or  by 
the  clerk  under  its  direction,  of  the  nature  of  the  charge  against  him 
and  of  his  plea  and  the  verdict,  if  any  thereon,  and  must  be  asked 
whether  he  has  any  legal  cause  to  show  why  judgment  should  not  be 
pronounced  against  him. 

493.  Pronouncement  of  judgment. — If  no  sufficient  cause  is  alleged 
or  appears  to  the  court  why  judgment  should  not  be  pronounced,  it 
must  thereupon  be  rendered. 

Cross-Reference 

Time  for  application  for  appeal,  see  U.S.  Code,  title  28,  section  230  (appendix, 

p.  983)  ;  but  see  U.S.  Code,  title  28,  section  723a   (appendix,  p.  983). 

494.  Hearing  circumstances  in  aggravation  or  mitigation  of  pun- 
ishment.— After  a  i)lea  or  verdict  of  guilty  where  a  discretion  is 
conferred  upon  the  court  as  to  the  extent  of  the  punishment,  the 
court,  upon  the  oral  suggestion  of  either  party  that  there  are  circum- 
stances which  may  be  properly  taken  into  view  either  in  aggravation 
or  mitigation  of  the  punishment  may  in  its  discretion  hear  the  same 
summarily  at  a  specified  time  and  upon  such  notice  to  the  adverse 
party  as  it  may  direct. 

495.  Presentation  of  such  circumstances. — The  circumstances 
must  be  presented  by  the  testimony  of  witnesses  examined  in  open 
court,  except  that  when  a  witness  is  so  sick  or  infirm  as  to  be  unable 
to  attend,  his  deposition  may  be  taken  out  of  court  upon  such  notice 
to  the  adverse  party  as  the  court  may  direct.  No  affidavit,  testimony 
or  representation  of  any  kind  verbal  or  written  can  be  offered  to  or 
received  by  the  court,  or  a  judge  thereof,  in  aggravation  or  mitiga- 
tion of  the  punishment,  except  as  provided  in  this  and  the  next 
preceding  section. 

496.  Mitigation  when  act  ah-eady  punished  as  contempt. — When 
it  appears  at  the  time  of  passing  sentence  upon  a  person  convicted 
upon  information,  that  the  person  has  already  ])aid  a  fine  or  suffered 
an  imprisonment  for  the  act  of  which  he  stands  convicted,  under 
an  order  adjudging  it  a  contempt,  the  court  authorized  to  pass  sen- 
tence may  mitigate  the  punishment  to  be  imposed  in  its  discretion. 

Cboss-Reference 
Punishment  for  criminal  act  wtuch  is  also  a  contempt,  see  title  5,  section  29. 

778 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  501 

497.  Judgment  for  imprisonment  for  nonpayment  of  fine  and 
costs. — A  judgment  that  the  defendant  pay  a  fine  and  costs  may  also 
direct  that  he  be  imprisoned  until  the  fine  and  costs  be  satisfied. 
But  the  judgment  must  specify  the  extent  of  the  imprisonment,  which 
must  not  exceed  one  day  for  every  dollar  of  the  fine  and  costs,  nor 
extend  in  any  case  beyond  the  term  for  which  the  defendant  might 
be  sentenced  to  imprisonment  for  the  offense  of  which  he  has  been 
convicted.     (Feb.  21,  1933,  ch.  110,  sec.  82  [237],  47  Stat.  895.) 

Ceoss-Reference 
In  magistrates'  courts,  see  section  127  of  this  title. 

498.  Sentence  to  imprisonment  at  hard  labor  for  felony. — In  all 

cases  of  conviction  of  felony,  the  court  sentencing  any  person  con- 
victed must  attach  to  the  sentence  of  imprisonment  the  provision 
that  such  imprisonment  be  at  hard  labor. 

499.  Entry  of  judgment. — When  judgment  is  rendered  upon  a 
conviction  the  clerk  must  enter  it  in  the  minutes,  stating  briefly 
the  offense  for  which  the  conviction  was  had  and  the  fact  of  prior 
conviction,  if  any,  and  must  within  five  days  annex  together  and 
file  the  following  papers  which  will  constitute  a  record  of  the  action : 

a.  The  information  and  a  copy  of  the  minutes  of  the  plea  or 
demurrer ; 

b.  A  copy  of  the  minutes  of  the  trial ; 

c.  The  charges  given  or  refused  and  the  indorsements  thereon; 
and 

d.  A  copv  of  the  judgment.  (Feb.  21,  1933,  ch.  110.  sec.  84  [241], 
47  Stat.  895.) 

Ckoss-Reference 

Necessity  of  applying  for  appeal  witliin  three  months  after  entry  of  judgment, 
see  U.S  Code,  title  28,  section  230  (appendix,  p.  983)  ;  but  see  U.S.  Code, 
title  28,  section  723a   (appendix,  p.  983). 

500.  Suspension  of  sentence  by  district  and  magistrates'  courts; 
probation. — After  a  conviction  of,  or  a  plea  of  guilty  to,  any  crime 

or  offense  not  punishable  by  death  or  life  imprisonment,  the  district 
or  magistrate's  court  wherein  the  conviction  was  had  or  the  plea  of 
guilty  entered,  may,  when  it  appears  to  the  satisfaction  of  the  court 
that  the  ends  of  justice  and  the  best  interests  of  the  public,  as  well 
as  the  defendant,  will  be  subserved  thereby: 

a.  Suspend  tHe  imposition  or  execution  of  sentence  and  place  the 
defendant  upon  probation  upon  such  terms  and  conditions  and  for 
such  period  as  the  court  deems  best ;  except  that  the  period  of  proba- 
tion together  Avith  any  extension  thereof  shall  not  exceed  five  years 
in  the  district  court  or  one  year  in  a  magistrate's  court;  or 

b.  Impose  a  fine  and  also  place  the  defendant  upon  probation  in 
the  manner  aforesaid. 

The  court  mav  revoke  or  modify  any  condition  of  probation  or 
change  the  period  thereof.  (Feb.  21,  1933,  ch.  109,  sec.  8  [23a], 
47  Stat.  859.) 

501.  Requiring  defendant  on  probation  to  pay  fine,  make  restitu- 
tion and  support  dependents. — While  on  probation  the  defendant 
may  be  required: 

779 


T.  6,  §  511]  THE  CODE  OF  CRIMINAL  PROCEDURE 

a.  To  pay  in  one  or  several  sums  a  fine  imposed  at  the  time  of 
being  placed  on  probation; 

b.  To  make  restitution  or  reparation  to  the  aggrieved  party  for 
actual  damages  or  loss  caused  by  the  offense  for  which  conviction  was 
had;  and 

c.  To  provide  for  the  support  of  any  person  for  whose  support  he 
is  legally  responsible.  (Feb.  21,  1933,  ch.  109,  sec.  8  [23a],  47  Stat. 
859.) 

CHAPTER  15.— EXECUTION 

Art.                                                                  Sec.    |  Art.  Sec. 

1.  Judgments  other  than  death 511    I  2.  Judgments  of  death 52l 

ARTICLE  1.— JUDGMENTS  OTHER  THAN  DEATH 


Sec. 

511.  Furnishing     of     mittimus     to     oflScer 

charged  with  executing  judgment. 

512.  Issuing    execution    attaching    property 

wliere   judgment   for   fine  and   costs 
only. 

513.  Execution    of   judgment   for    imprison- 

ment or  for  fine  and  costs. 

514.  Execution    of    judgment   for  imprison- 

ment in  penitentiary. 


Sec. 

515.  Execution   of   judgment    for  Imprison- 

ment in  jail. 

516.  Consecutive  running  of  sentences. 

517.  Commencement    of    term    of   imprison- 

ment. 

518.  Temporary    release   not   part   of   term 

of  imprisonment. 


Section  511.  Furnishing  of  mittimus  to  officer  charged  with 
executing  judgment. — When  a  judgment  other  than  death  has  been 
pronounced,  the  clerk  shall  forthwith  furnish  a  mittimus  to  the 
officer  whose  duty  it  is  to  execute  the  judgment,  and  no  other  warrant 
or  authority  is  necessary  to  justify  or  require  its  execution.  (Feb. 
21,  1933,  ch.  110,  sec.  84a  [242],  47  Stat.  895.) 

512.  Issuing  execution  attaching  property  where  judgment  for 
fine  and  costs  only. — If  the  judgment  is  for  a  fine  and  costs  alone, 
execution  may  be  issued  thereon  attaching  the  property  of  the 
defendant.     (Feb.  21,  1933,  ch.  110,  sec.  85  [243],  47  Stat.  895.) 

513.  Execution  of  judgment  for  imprisonment  or  for  fine  and 
costs. — If  the  judgment  is  for  imprisonment,  or  a  fine  and  costs  and 
imprisonment  until  they  are  paid,  the  defendant  must  forthwith  be 
committed  to  the  custody  of  the  proper  officer  and  be  detained  by 
him  until  the  judgment  is  complied  with.  (Feb.  21,  1933,  ch.  110, 
sec.  86  [244],  47  Stat.  895.) 

Cross-Reference 
Penal  institutions,  see  sections  901  to  905  of  this  title. 

514.  Execution  of  judgment  for  imprisonment  in  penitentiary. — 

If  the  judgment  is  for  imprisonment  in  the  penitentiary,  the  marshal 
must,  upon  receipt  of  a  certified  copy  thereof,  take  and  deliver  the 
defendant  to  the  warden  of  the  penitentiary.  He  must  also  deliver 
to  the  warden  the  certified  copy  of  the  judgment,  and  take  from  the 
warden  a  receipt  for  the  defendant. 

515.  Execution  of  judgment  for  imprisonment  in  jail. — A  sen- 
tence of  impris(mment  in  jail,  when  imposed  either  by  the  jud^e  or 
a  magistrate,  may  be  executed  by  confinement  in  any  jail  of  the  Canal 
Zone.     (Feb.  21,  1933,  ch.  109,  sec.  9  [26],  47  Stat.  860.) 

780 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  52:^ 


516.  Consecutive  running  of  sentences. — When  any  person  is 
convicted  of  two  or  more  crimes,  the  imprisonment  to  which  he  is 
sentenced  upon  the  second  or  other  subsequent  conviction  must  com- 
mence at  the  termination  of  the  first  term  of  imprisonment  to  which 
he  shall  be  sentenced,  or  at  the  termination  of  the  second  or  other 
subsequent  term  of  imprisonment,  as  the  case  may  be. 

517.  Commencement  of  term  of  imprisonment. — The  term  of 
imprisonment  fixed  by  the  judgment  in  a  criminal  action  commences 
to  run  only  upon  the  actual  delivery  of  the  defendant  at  the  place 
of  the  imprisonment. 

518.  Temporary  releases  not  part  of  term  of  imprisonment. — 

If  during  the  term  of  imprisonment  the  defendant  by  any  legal 
means  is  temporarily  released  from  such  imprisonment  and  subse- 
quently returned  thereto,  the  time  during  which  he  was  at  large  must 
not  be  computed  as  part  of  the  term. 


ARTICLE  2.— JUDGMENTS  OF  DEATH 


Sec. 
521. 

522. 

523. 
524. 

525. 

526. 
527. 


Warrant  for  execution  of  judgment  of 
death ;    time  of  execution. 

Transmission  of  statement  of  convic- 
tion  and   testimony   to   Governor. 

Suspension   of  execution   of  judgment. 

Inquiry  into  sanity  of  defendant. 

Duty  of  district  attorney  upon  sanity 
hearing. 

Signing  and  filing  of  certificate  of  in- 
quisition. 

Duty  of  warden  upon  the  finding  rela- 
tive to  sanity. 


Sec. 

528.  Inquiry    into    supposed    pregnancy    of 

defendant. 

529.  Duty  of  warden  upon  finding  of  preg- 

nancy or  otherwise. 

530.  Ordering    execution    of    judgment    of 

death  remaining  in  force  unexecuted. 

531.  Mode  of  inflicting  punishment  of  death. 

532.  Place  of  exectition  ;  persons  present. 

533.  Return  upon  death  warrant. 


521.  Warrant  for  execution  of  judgment  of  death;  time  of  execu- 
tion.— When  judgment  of  death  is  rendered,  a  warrant  signed  by  the 
judge  and  attested  by  the  clerk,  under  the  seal  of  the  court,  must 
be  drawn  and  delivered  to  the  marshal.  It  must  state  the  conviction 
and  judgment,  and  appoint  a  day  on  which  the  judgment  is  to  be 
executed,  which  must  not  be  less  than  six  months  nor  more  than  one 
year  from  the  time  of  judgment,  and  must  direct  the  marshal  to  de- 
liver the  defendant,  within  ten  days  from  the  time  of  judgment,  to  the 
warden  of  the  penitentiary,  for  execution. 

522.  Transmission  of  statement  of  conviction  and  testimony  to 
Governor. — The  judge  of  the  court  in  which  a  conviction  requir- 
ing judgment  of  death  is  had  must  immediately  after  the  conviction 
transmit  to  the  Governor  of  the  Panama  Canal,  by  mail  or  other- 
wise, a  statement  of  the  conviction  and  judgment  and  of  the  testi- 
mony given  at  the  trial. 

523.  Suspension  of  execution  of  judgment. — No  judge,  court  or 
officer  other  than  the  Governor  can  suspend  the  execution  of  a  judg- 
ment of  death  unless  an  appeal  is  taken,  except  that  the  warden  of 
the  penitentiary  to  whom  the  defendant  is  delivered  for  execution 
may  suspend  the  execution  of  the  judgment  in  the  manner  provided 
in  sections  524  to  529  of  this  title. 

CROSS-RsaFEREN  CE 

Reprieves  in  general,  see  title  2,  section  261. 


781 


T.  6,  §  524]  THE  CODE  OF  CRIMINAL  PROCEDURE 

524.  Inquiry  into  sanity  of  defendant. — If  after  judgment  of 
death  there  is  good  reason  to  suppose  that  the  defendant  has  become 
insane,  the  warden  of  the  penitentiary  to  whom  he  is  deUvered  for 
execution,  with  the  concurrence  of  tlie  court  in  which  the  convic- 
tion was  had,  may  appoint  a  commission  of  medical  experts  to  in- 
quire into  the  supposed  insanity,  and  must  give  immediate  notice 
thereof  to  the  district  attorney. 

Ckoss-Refeeence 

Inquiry  into  insanity  before  trial  or  after  conviction,  see  sections  811  to  816 
of  this  title. 

525.  Duty  of  district  attorney  upon  sanity  hearing. — The  dis- 
trict attorney  must  attend  the  inquisition,  and  may  produce  witnesses 
before  the  commission,  for  which  purpose  he  may  issue  process  in 
the  same  manner  as  for  witnesses  to  attend  a  trial  before  the  court, 
and  disobedience  thereto  may  be  punished  in  like  manner  as  dis- 
obedience to  process  issued  by  the  court. 

526.  Signing  and  filing  of  certificate  of  inquisition. — A  certificate 
of  the  inquisition  must  be  signed  by  the  members  thereof,  and  filed 
with  the  clerk  of  the  district  court. 

527.  Duty  of  warden  upon  the  finding  relative  to  sanity. — If  it 

is  found  b}^  the  inquisition  that  the  defendant  is  sane,  the  warden 
must  execute  the  judgment ;  but  if  it  is  found  that  he  is  insane,  the 
warden  must  suspend  the  execution  of  the  judgment  until  he  receives 
a  warrant  from  the  Governor,  or  from  the  judge  of  the  court  wherein 
the  judgment  was  rendered,  directing  the  execution  of  the  judgment. 
If  the  inquisition  finds  that  the  defendant  is  insane,  the  warden  must 
immediately  transmit  it  to  the  Governor,  who  may,  when  the  de- 
fendant becomes  sane,  issue  a  warrant  appointing  a  day  for  the 
execution  of  the  judgment. 

528.  Inquiry  into  supposed  pregnancy  of  defendant. — If  there  is 
good  reason  to  suppose  that  a  female  against  whom  a  judgment  of 
death  is  rendered  is  pregnant,  the  warden  of  the  penitentiary  to 
whom  she  is  delivered  for  execution,  with  the  concurrence  of  the 
court  in  which  the  conviction  was  had,  may  summon  a  jury  of  three 
physicians  to  inquire  into  the  supposed  pregnancy.  Immediate  no- 
tice thereof  must  be  given  to  the  district  attorney,  and  the  provisions 
of  sections  525  and  526  of  this  title  shall  apply  to  the  proceedings 
upon  the  inquisition. 

529.  Duty  of  warden  upon  finding  of  pregnancy  or  otherv/ise. — 

If  it  is  found  by  the  inquisition  that  the  female  is  not  pregnant,  the 
warden  nmst  execute  the  judgment;  but  if  it  is  found  that  she  is  preg- 
nant, the  warden  must  suspend  the  execution  of  the  judgment  and 
transmit  the  inquisition  to  the  Governor.  When  the  Governor  is  sat- 
isfied that  the  female  is  no  longer  pregnant,  he  may  issue  his  warrant 
appointing  a  day  for  the  execution  of  the  judgment. 

530.  Ordering  execution  of  judgment  of  death  remaining  in  force 
unexecuted. — If  for  any  reason  a  judgment  of  death  has  not  been 
executed,  and  it  remains  in  force,  the  court  in  which  the  conviction 

782 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  541 


is  had,  on  the  application  of  the  district  attorney,  must  order  the 
defendant  to  be  brought  before  it,  or  if  he  is  at  large,  a  warrant 
for  apprehension  may  be  issued.  Upon  the  defendant  being  brought 
before  the  court,  it  must  inquire  into  the  facts,  and  if  no  legal  reason 
exists  against  the  execution  of  the  judgment,  must  make  an  order 
that  the  warden  of  the  penitentiary  to  whom  the  marshal  is  directed 
to  deliver  the  defendant,  shall  execute  the  judgment  at  a  specified 
time.     The  warden  must  execute  the  judgment  accordingly. 

531.  Mode  of  inflicting  punishment  of  death. — The  punishment 
of  death  must  be  inflicted  by  hanging  the  defendant  by  the  neck 
until  he  is  dead. 

532.  Place  of  execution;  persons  present. — A  judgment  of  death 
must  be  executed  within  the  walls  of  the  penitentiary.  The  warden 
of  the  penitentiary  must  be  present  at  the  execution,  and  must  invite 
the  presence  of  a  physician,  the  district  attorney,  and  at  least  twelve 
reputable  residents  of  the  Canal  Zone,  to  be  selected  by  him ;  and  he 
shall,  at  the  request  of  the  defendant,  permit  such  ministers  of  the 
gospel,  not  exceeding  two,  as  the  defendant  may  name,  and  any  per- 
sons, relatives  or  friends,  not  to  exceed  five,  to  be  present  at  the  exe- 
cution, together  with  such  peace  officers  as  he  may  think  expedient, 
to  witness  the  execution.  But  no  other  persons  than  those  men- 
tioned in  this  section  can  be  present  at  the  execution,  nor  can  any 
person  under  twenty-one  years  of  age  be  allowed  to  witness  the  same. 

533.  Return  upon  death  warrant. — After  the  execution,  the 
warden  must  make  a  return  upon  the  death  warrant  to  the  court  by 
which  the  judgment  was  rendered,  showing  the  time,  mode  and  man- 
ner in  which  it  was  executed. 


CHAPTER  16.— BAIL 


Art.  Sec. 

1.  In  general 541 

2.  Bail  for  appearance  before  magis- 

trate  for    trial 561 

3.  Bail    upon    being    held    to    answer 

before  information 571 

4.  Bail   upon   an   information   before 

conviction 581 

5.  Bail  on  appeal 591 


Art.  Sec. 

6.  Cash  deposit  in  lieu  of  ball 601 

7.  Surrender  of  the  defendant 611 

8.  Forfeiture  of   the   undertaking  of 

bail  or  of  the  deposit  of  money.       621 
0.  Recommitment    of    the    defendant 
after   having  given   bail   or  de- 
posited money  in  lieu  thereof 631 


ARTICLE   1.— IN   GENERAL 


Sec. 

548.  Admission  to  bail  in  subdivision  other 

than  that  in  which  warrant  issued. 

549.  Proceedings    on    taking    bail    in    such 

cases. 

550.  Procedure  where   such   ball   not   forth- 

with given. 


Sec. 

.''i41.  Admission  to  bail  defined. 

542.  Taking  of  bail  defined  ;  excessive  bail. 

543.  Offense  not  bailable. 

544.  other   offenses   bailable  before   convic- 

tion. 

545.  Right  to  bail  upon  appeal. 

546.  Time  and  terms  of  admission  to  bail. 

547.  Notice  to   district  attorney  when  bail 

discretionary. 

Section  541.  Admission  to  bail  defined. — Admission  to  bail  is  the 
order  by  a  judge  of  a  competent  court  that  the  defendant  be  dis- 
charged from  actual  custody  upon  bail. 

Ceos  S-ReI"EREN  CE 

Bail  defined,  see  title  3,  section  2049. 


783 


T.  6,  §  542]  THE  CODE  OF  CRIMINAL  PROCEDURE 

542.  Taking  of  baU  defined;  excessive  bail. — The  taking  of  bail 
consists  in  the  acceptance  by  a  competent  court  of  the  undertaking 
of  sufficient  bail  for  the  appearance  of  the  defendant,  according  to 
the  terms  of  the  undertaking,  or  that  the  bail  will  pay  to  the  Govern- 
ment of  the  Canal  Zone  a  specified  sum.  In  no  case  shall  excessive 
bail  be  required. 

543.  Offense  not  bailable. — A  defendant  charged  with  an  offense 
punishable  with  death  cannot  be  admitted  to  bail  when  the  proof  of 
his  guilt  is  evident  or  the  presumption  thereof  great.  The  filing  of 
an  information  does  not  add  to  the  strength  of  the  proof  or  the 
presumptions  to  be  drawn  therefrom, 

544.  Other  offenses  bailable  before  conviction. — If  the  charge  is 

for  any  other  offense  the  defendant  may  be  admitted  to  bail  before 
conviction, 

545.  Right  to  bail  upon  appeal. — After  conviction  of  an  offense  not 
punishable  with  death,  a  defendant  who  has  appealed  may  be  ad- 
mitted to  bail : 

a.  As  a  matter  of  right  when  the  appeal  is  from  a  judgment  im- 
posing a  fine  only; 

b.  As  a  matter  of  right  when  the  appeal  is  from  a  judgment  im- 
posing imprisonment  in  cases  of  misdemeanor;  and 

c.  As  a  matter  of  discretion  in  all  other  cases.  (Feb,  21,  1933, 
ch,  110,  sec.  87  [289],  47  Stat.  895.) 

Cross-references 

Admission  to  bail  on  appeal,  see  sections  591  and  592  of  this  title. 

For  provisions  authorizing  the  Supreme  Court  to  prescribe  the  conditions  on 
which  bail  may  be  allowed,  see  U.S.  Code,  title  28,  section  723a  (appendix, 
p.  983). 

546.  Time  and  terms  of  admission  to  bail. — If  the  offense  is  bail- 
able the  defendant  may  be  admitted  to  bail  before  conviction — 

a.  For  his  appearance  before  a  magistrate  for  trial  or  for  prelim- 
inary hearing  in  cases  triable  in  the  district  court; 

b.  To  appear  at  the  court  to  which  the  magistrate  is  required  to 
return  the  complaint  and  warrant,  upon  the  defendant  being  held  to 
answer  after  preliminary  hearing;  or 

c.  After  the  information  is  filed  either  before  the  bench  warrant 
is  issued  for  his  arrest,  or  upon  any  order  of  the  court  committing 
him,  or  enlarging  the  amount  of  bail,  or  upon  his  being  surrendered 
by  his  bail  to  answer  the  information  in  the  court  in  which  it  is 
found  or  to  which  it  may  be  transferred  for  trial ; 

And  after  conviction  and  upon  appeal — 

d.  If  the  appeal  is  from  a  judgment  imposing  a  fine  only,  on  the 
undertaking  of  bail  that  he  will  pay  the  same  or  such  part  of  it  as  the 
appellate  court  may  direct  if  the  judgment  is  affirmed  or  modified 
or  the  appeal  dismissed;  or 

e.  If  judgment  of  imprisonment  has  been  given,  that  he  will  sur- 
render himself  in  execution  of  the  judgment  upon  its  being  affirmed 
or  modified  or  that  in  case  the  judgment  is  reversed  and  the  cause 
remanded  for  a  new  trial,  that  he  will  appear  in  the  court  to  which 
the  cause  may  be  remanded  and  submit  himself  to  the  orders  and 
process  thereof,     (Feb.  21,  1933,  ch,  110,  sec,  88  [290],  47  Stat,  895,) 

784 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  562 


547.  Notice  to  district  attorney  when  bail  discretionary. — When 
the  admission  to  bail  is  a  matter  of  discretion  the  court  or  officer  to 
whom  the  application  is  made  must  require  reasonable  notice  thereof 
to  be  given  to  the  district  attorney. 

548.  Admission  to  bail  in  subdivision  other  than  that  in  which 
warrant  issued. — If  the  offense  charged  is  bailable  a;id  the  defend- 
ant is  arrested  in  another  division  or  subdivision,  the  officer  must, 
upon  being  required  by  the  defendant,  take  him  before  the  magis- 
trate in  that  subdivision  who  may  admit  the  defendant  to  bail  to 
answer  before  the  magistrate  issuing  the  warrant  within  a  reasonable 
time.     (Feb.  21,  1933,  ch.  110,  sec.  18  [30],  47  Stat.  883.) 

549.  Proceedings  on  taking  bail  in  such  cases. — Upon  the  taking 
of  bail  as  provided  in  the  next  preceding  section,  the  magistrate 
must  certify  that  fact  on  the  warrant,  and  deliver  the  warrant  and 
undertaking  of  bail  to  the  officer  having  charge  of  the  defendant. 
The  officer  must  then  release  the  defendant  from  custody,  and  with- 
out delay  deliver  the  warrant  and  undertaking  to  the  magistrate 
before  whom  the  defendant  is  required  to  appear. 

550.  Procedure  where  such  bail  not  forthwith  given. — If,  on  the 

admission  of  the  defendant  to  bail  as  provided  in  section  548  of  this 
title,  the  bail  is  not  forthwith  given,  the  officer  must  take  the  de- 
fendant before  the  magistrate  who  issued  the  warrant  or  to  whom 
it  is  made  returnable.     (Feb.  21,  1933,  ch.  110,  sec.  19  [32],  47  Stat. 

883.) 


ARTICLE  2. 


-BAIL  FOR  APPEARANCE  BEFORE  MAGISTRATE 
FOR   TRIAL 


Sec. 

561.  Admission  to  ball  In  such  case. 

562.  Terms    and   conditions  of  bond ;   date 

of  appearance. 

563.  Commitment  to  jail  on  failure  to  fur- 

nish bond. 


Sec. 

564.  Admission  to  bail  by  officer  in  charge 
of  police  station. 


561.  Admission  to  bail  in  such  case. — In  the  event  that  the 
offense  charged  against  a  person  is  triable  in  a  magistrate's  court, 
the  defendant  may  be  admitted  to  bail  upon  executing  a  bond  in  a 
sum  not  exceeding  $500,  to  be  fixed  by  the  magistrate.  (Feb.  21,  1933, 
ch.  110,  sec.  13  [22],  47  Stat.  882.) 

Cros  s-Rbferences 

Admission  to  bail  in  subdivision  other  than  that  in  which  warrant  issued,  see 
sections  548  to  550  of  this  title. 

Bail  for  appearance  before  magistrate  for  preliminary  hearing,  see  section 
546  a  of  this  title. 

Cash  deposit  in  lieu  of  bond,  see  sections  601  to  604  of  this  title. 

562.  Terms  and  conditions  of  bond;  date  of  appearance. — Such 
bond  shall  be  in  favor  of  the  Government  of  the  Canal  Zone  and 
shall  be  conditioned  that  the  defendant  shall  be  and  appear  before 
the  magistrate  on  a  certain  date  therein  mentioned.  The  date  of  the 
appearance  shall  not  be  later  than  three  days  from  the  signing  of  the 
bond.     The  bond  shall  be  signed  by  the  defendant  and  two  or  more 


785 


T.  6,  §  563] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


good  and  sufficient  sureties.     (Feb.  21,  1933,  ch.  110,  sec.  13  [22],  47 

Stat.  882.) 

Ckoss-Refekence 

Postponement  of  trial,  see  section  121  of  this  title. 

563.  Commitment  to  jail  on  failure  to  furnish  bond. — If  the 

defendant  fails  to  enter  into  the  bond  referred  to  in  the  two  next 
preceding  sections,  the  magistrate  shall  commit  him  to  jail  awaiting 
trial.     (Feb.  21,  1933,  ch.  110,  sec.  13  [22],  47  Stat.  882.) 

564.  Admission  to  bail  by  officer  in  charge  of  police  station.— 

When  an  arrest  is  made  either  with  or  without  a  warrant  for  a 
misdemeanor  triable  in  a  magistrate's  court  and  for  any  reason  the 
officer  making  the  arrest  is  unable  to  take  the  offender  forthwith 
before  a  magistrate,  he  may  take  such  offender  forthwith  to  the 
nearest  police  station  and  the  officer  in  charge  thereof  may  accept 
bond,  or  a  cash  deposit  in  lieu  thereof,  in  a  sum  not  exceeding  $500, 
to  secure  the  appearance  of  the  offender  before  the  magistrate  having 
jurisdiction  of  the  case.  The  offender  shall  then  be  released  from 
custody  and  the  bond  or  cash  deposit  shall  be  delivered  to  the  magis- 
trate having  jurisdiction  of  the  case  and  a  receipt  therefor  shall  be 
given  to  such  officer  by  the  magistrate. 

When  a  money  deposit  is  made  in  lieu  of  bail  bond  the  deposit 
shall  be  held  and  disposed  of  in  accordance  with  the  provisions  of 
sections  601  to  604,  613,  621,  622  and  625  of  this  title.  (Feb.  21,  1933, 
ch.  110,  sec.  88A  [291a],  47  Stat.  896.) 


ARTICLE  3. 


-BAIL  UPON  BEING  HELD  TO  ANSWER  BEFORE  INFOR- 
MATION 


Sec. 

571.  Who  may  admit  to  bail  in  such  case. 

572.  Nature  and   form  of  such  bail. 

573.  Qualifications  of  sureties. 


Sec. 

574.  Justification  by  sureties. 

575.  Discharge  of  defendant  upon  allowance 

of  bail. 


571.  Who  may  admit  to  bail  in  such  case. — When  the  defendant 
has  been  held  to  answer  upon  a  preliminary  hearing  for  a  public 
offense,  the  admission  to  bail  may  be  by  the  officer  by  whom  he  is 
so  held,  or  by  any  judge  who  has  power  to  issue  the  writ  of  habeas 
corpus. 

Cross-References 

See  also  paragraph  b  of  section  546  of  tliis  title. 

Bail  for  appearance  before  magistrate  for  preliminary  hearing,  see  paragraph 
a  of  section  546  of  this  title. 

Riglit  of  magistrate  to  admit  to  bail  for  appearance  before  district  court, 
see  section  141  of  this  title. 

Who  may  grant  habeas  corpus,  see  sections  723  and  724  of  this  title. 

572.  Nature  and  form  of  such  bail. — Bail  upon  being  held  to 
answer  after  a  preliminary  hearing  is  a  written  undertaking,  executed 
by  two  sufficient  sureties,  with  or  without  the  defendant,  in  the 
discretion  of  the  court  or  magistrate,  and  acknowledged  before  the 
court  or  magistrate  in  substantially  the  following  form : 

An  order  having  been  made  on  the day  of A.D. 

19 — ,  by (as  the  officer  may  be),  that be  held  to 

answer  upon  a  charge  of    (stating  briefly  the   nature   of   the 


786 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  G,  §  582 

olfense)  upon  which  he  has  been  admitted  to  bail  in  the  sum 

of doUars;  we, and of (stating  their 

place  of  residence  and  occupation),  hereby  undertake  that  the 

above-named ,  will  appear  and  answer  any  information 

growing  out  of  the  charge  above  mentioned,  in  whatever  court  it 
may  be  prosecuted,  and  will  at  all  times  hold  himself  amenable 
to  the  order  and  process  of  the  court,  and  if  convicted,  will  ap- 
pear for  judgment,  and  render  himself  in  execution  thereof; 
or,  if  he  fails  to  perform  either  of  these  conditions,  that  we  will 

pay  to  tlie  Government  of  the  Canal  Zone,  the  sum  of 

dollars  (inserting  the  sum  in  which  the  defendant  is  admitted 
to  bail).     (Feb.  21,  1933,  ch.  110,  sec.  89  [293],  47  Stat.  896.) 

573.  Qualifications  of  sureties. — The  qualifications  of  sureties  are 
as  follows : 

a.  Each  of  them  must  be  a  resident  of  the  Canal  Zone;  and 

b.  They  must  each  be  worth  the  amount  specified  in  the  undertak- 
ing, exclusive  of  property  exempt  from  execution;  but  the  court  or 
]udge,  on  taking  bail,  ma}^  allow  more  than  two  sureties  to  justify 
severally  in  amounts  less  than  that  expressed  in  the  undertaking,  if 
the  whole  justification  be  equivalent  to  that  of  sufficient  bail.  (Feb. 
21, 1933,  ch.  110,  sec.  90  [294,  subd.  1],  47  Stat.  896.) 

574.  Justification  by  sureties. — The  sureties  must  in  all  cases 
justify  by  affidavit,  taken  before  the  officer  accepting  bail,  that  they 
each  possess  the  qualifications  provided  in  the  next  preceding  sec- 
tion. The  officer  may  further  examine  the  bail  upon  oath  concerning 
their  sufficiency  in  such  manner  as  he  may  deem  proper. 

575.  Discharge  of  defendant  upon  allowance  of  bail. — Upon  the 
allowance  of  bail  and  the  execution  of  the  undertaking,  the  officer 
must,  if  the  defendant  is  in  custod3^,  make  and  sign  an  order  for  his 
discharge,  upon  the  delivery  of  which  to  the  proper  officer  the 
defendant  must  be  discharged. 

ARTICLE  4.— BAIL  UPON  AN  INFORMATION  BEFORE  CONVICTION 


Sec. 

581.  Continuation    of    the    bail    fixed    upon 
holding  defendant  to  answer. 


Sec. 

582.   Fixing,    increase    or   reduction   of   ball 
after  information  filed. 


581.  Continuation  of  the  bail  fixed  upon  holding  defendant  to 
answer. — The  bail  fixed  by  a  magistrate  under  sections  571  to  575 
of  this  title  upon  holding  the  defendant  to  answer  for  an  offense 
triable  in  the  district  court,  shall  be  construed  to  continue  so  as  to 
require  the  defendant : 

a.  To  appear  and  answer  the  information  filed  in  the  district 
court ; 

b.  To  render  himself  at  all  times  amenable  to  the  orders  and  proc- 
ess of  the  court;  and 

c.  If  convicted  to  appear  for  judgment  and  render  himself  in 
execution  thereof.    (Feb.  21, 1933,  ch.  110,  sec.  91  [297],  47  Stat.  896.) 

582.  Fixing,  increase  or  reduction  of  bail  after  information 
filed. — After  the  filing  of  an  information,  the  court  in  which  the 
charge  is  pending,  may  fix,  or,  upon  good  cause  shown,  either  in- 

787 


T.  6.,  §  591] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


crease  or  reduce  the  amount  of  bail.  If  the  amount  is  increased 
the  court  may  order  the  defendant  to  be  committed  to  actual  custody 
unless  he  gives  bail  in  the  increased  amount.  If  application  is 
made  by  the  defendant  for  a  reduction  of  the  amount,  notice  of  the 
application  must  be  served  on  the  district  attorney.  (Feb.  21,  1933, 
ch.  110,  sec.  92  [302],  4T  Stat.  897.) 

ARTICLE  5.— BAIL  ON  APPEAL 


Sec. 

591.  Who  may  admit  to  bail  in  sucti  case. 


Sec. 
592. 


Provisions  applicable  to  such  bail. 


591.  Who  may  admit  to  bail  in  such  case. — In  cases  in  which  the 
defendant  may  be  admitted  to  bail  upon  an  appeal,  the  order  admit- 
ting him  to  bail  may  be  made  by  any  judge  having  the  power  to  issue 
a  writ  of  habeas  corpus,  or  by  the  judge  or  magistrate  before  whom 
the  trial  was  had. 

Ceos  s-Refebences 

Right  to  bail  on  appeal,  see  section  545  of  this  title. 

Terms  of  admission  to  bail  on  appeal,  see  section  546  of  this  title. 

592.  Provisions  applicable  to  such  bail. — The  sureties  must  possess 
the  qualifications,  and  the  bail  must  be  put  in,  in  all  respects  as  pro- 
vided in  sections  571  to  575  of  this  title,  except  that  the  undertaking 
must  be  conditioned  as  prescribed  in  section  546  of  this  title,  for 
undertakings  of  bail  on  appeal.  (Feb.  21,  1933,  ch.  110,  sec.  93  [304], 
47  Stat.  897.) 

ARTICLE  6.— CASH  DEPOSIT  IN  LIEU  OF  BAIL 


Sec. 

604.  Application    of    deposit    to    fine    and 
costs ;  surplus. 


See. 

601.  Right  to  make  cash  deposit. 

602.  Issuance  of  certificate  of  deposit. 

603.  Cash   deposit  after  bail   is   given. 

601.  Right  to  make  cash  deposit. — The  defendant  in  a  criminal 
proceeding  mav  make  a  cash  deposit  in  lieu  of  a  bail  bond.  (Feb.  21, 
1933,  ch.  110,  sec.  94  [305],  47  Stat.  897.) 

602.  Issuance  of  certificate  of  deposit. — A  certificate  of  deposit 
shall  l)e  issued  by  the  magistrate  or  the  clerk  of  the  district  court,  as 
the  case  may  be,  to  each  defendant  who  makes  a  cash  deposit  in  lieu 
of  bail.     (Feb.  21,  1933,  ch.  110,  sec.  94  [305],  47  Stat.  897.) 

603.  Cash  deposit  after  bail  is  given. — If  the  defendant  has  given 
bail,  he  may,  at  any  time  before  the  forfeiture  of  the  undertaking, 
in  like  manner  deposit  the  sum  mentioned  in  the  recognizance,  and 
upon  the  deposit  being  made,  the  bail  is  exonerated. 

604.  Application  of  deposit  to  fine  and  costs;  surplus. — When 
money  has  been  deposited,  if  it  remains  on  deposit  at  the  time  of  a 
judgment  for  the  payment  of  a  fine,  the  magistrate,  or  the  clerk  of 
the  district  court  under  the  direction  of  the  court,  as  the  case  may  be, 
must  apply  the  money  in  satisfaction  thereof,  and  after  satisfying 
the  fine  and  costs,  must  refund  the  surplus,  if  any,  to  the  defendant. 
If  the  defendant  is  not  found  within  a  period  of  two  years  from  the 
date  of  the  judgment,  the  magistrate  or  the  clerk  of  the  district  court, 


788 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,§  621 


as  the  case  may  be,  shall  turn  over  such  surplus  to  the  collector  of  the 
Panama  Canal  to  be  accounted  for  by  him  in  the  same  manner  as 
fines  are  accounted  for.  (Feb.  21,  1933,  ch.  110,  sec.  95  [307],  47 
Stat.  897.) 

ARTICLE  7.— SURRENDER  OF  THE  DEFENDANT 


Sec. 

fil3.  Return  of  money  deposit  on  surrender. 


Sec. 

Gil.  Surrender  of  defendant  and  exonera- 
tion of  bail. 

G12.  Autliority  of  ball  to  arrest  or  cause 
arrest  of  defendant. 

611.  Surrender  of  defendant  and  exoneration  of  bail.— At  any 

time  before  the  forfeiture  of  their  undertaking,  the  bail  may  sur- 
render the  defendant  in  their  exoneration,  or  he  may  surrender  him- 
self, to  the  officer  to  whose  custody  he  was  committed  at  the  time  of 
giving  bail,  in  the  following  manner : 

a.  A  certified  copy  of  the  undertaking  of  the  bail  must  be  delivered 
to  the  officer,  who  must  detain  the  defendant  in  his  custody  thereon 
as  upon  a  commitment,  and  by  a  certificate  in  writing  acknowledge 
the  surrender;  and 

b.  Upon  the  undertaking  and  the  certificate  of  the  officer,  the  court 
in  which  the  action  or  appeal  is  pending  may,  upon  notice  of  five 
days  to  the  district  attorney,  with  a  copy  of  the  undertaking  and 
certificate,  order  that  the  bail  be  exonerated,  and  on  filing  the  order 
and  the  papers  used  on  the  application,  they  are  exonerated 
accordingly. 

612.  Authority  of  bail  to  arrest  or  cause  arrest  of  defendant.— 

For  the  purpose  of  surrendering  the  defendant,  the  bail,  at  any  time 
before  they  are  finally  discharged,  and  at  any  place  within  the  Canal 
Zone,  may  themselves  arrest  him,  or  by  a  written  authority,  indorsed 
on  a  certified  copy  of  the  undertaking,  may  empower  any  person  of 
suitable  age  and  discretion  to  do  so. 

613.  Return  of  money  deposit  on  surrender. — If  money  has  been 
deposited  in  lieu  of  bail  and  the  defendant  at  any  time  before  the 
forfeiture  thereof  surrenders  himself  to  the  officer  to  whom  the  com- 
mitment was  directed,  in  the  manner  provided  in  the  two  next  pre- 
ceding sections,  the  court  must  order  a  return  of  the  deposit  to  the 
defendant  upon  the  production  of  the  certificate  of  the  officers  showing 
the  surrender,  and  upon  five  days'  notice  to  the  district  attorney,  with 
a  copy  of  the  certificate. 

ARTICLE  8.— FORFEITURE   OF  THE   UNDERTAKING  OF  BAIL  OR   OF 
THE   DEPOSIT   OF  MONEY 


Sec. 

621.  Forfeiture  of  undertaljing  of  bail  or 
money  deposit. 

G22.  Discharge  of  forfeiture  upon  satisfac- 
tory excuse. 


Sec. 

62.3.   Enforcement    of    forfeiture   by    action. 

624.  Execution      on      summary      judgment 

against  sureties. 

625.  Disposition  of  forfeited  money  deposits. 


621.  Forfeiture  of  undertaking  of  bail  or  money  deposit. — If 

without  sufficient  excuse  the  defendant  neglects  to  appear  for  ar- 
raignment, or  for  trial  or  judgment,  or  upon  any  other  occasion  when 
his  presence  in  court  may  be  legally  required,  or  to  surrender  himself 
in  execution  of  the  judgment,  the  court  must  direct  the  fact  to  be 


789 


T.  G,  §  622] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


entered  upon  its  minutes,  and  the  undertaking  of  bail,  or  the  money 
deposited  in  lieu  of  bail,  as  the  case  may  bo,  is  thereupon  declared 
forfeited. 

622.  Discharge  of  forfeiture  upon  satisfactory  excuse. — If  at 

any  time  before  the  final  adjournment  of  the  court,  the  defendant,  or 
his  bail,  appears  and  satisfactorily  excuses  his  neglect,  the  court  may 
direct  the  discharge  of  the  forfeiture  of  the  undertaking  or  the 
deposit,  upon  such  terms  as  may  be  just. 

623.  Enforcement  of  forfeiture  by  action.— If  the  forfeiture  is 
not  discharged,  as  provided  in  the  next  preceding  section,  the  district 
attorney  may,  at  any  time  after  the  adjournment  of  the  court,  pro- 
ceed by  action  only  against  the  bail  upon  their  undertaking. 

Cross-Reference 
District  attorney  to  prosecute  all  forfeiture  cases,  see  section  17  of  this  title. 

624.  Execution  on  summary  judgment  against  sureties. — In  all 

cases  of  the  forfeiture  of  bail  bond  the  court  shall  enter  judgment 
thereon  summarily  against  the  sureties,  and  thereupon  execution 
shall  issue  to  enforce  payment  of  the  judgment. 

625.  Disposition  of  forfeited  money  deposits. — If,  by  reason  of 
the  neglect  of  the  defendant  to  appear,  money  deposited  in  lieu  of 
bail  is  forfeited,  and  the  forfeiture  is  not  discharged  or  remitted,  the 
magistrate,  or  the  clerk  of  the  district  court,  as  the  case  may  be,  with 
whom  it  is  deposited  must  pay  over  the  same  to  the  collector  of  the 
Panama  Canal  in  the  manner  prescribed  for  the  paying  over  of  other 
funds.     (Feb.  21,  1933,  ch.  110,  sec.  96  [313],  47  Stat.  897.) 

ARTICLE  9.— RECOMMITMENT   OF   THE  DEFENDANT  AFTER  HAVING 
GIVEN   BAIL   OK   DEPOSITED    MONEY   IN   LIEU    THEREOF 


Sec. 

G.'!5.  Admission    to    bail    if   order    made    for 

other  causp. 
OoG.   Authorily  of  magistrates  to  talie  such 

bail. 
637.   Form  of  undertaking  in   such  cases. 


Sec. 

631.  Cases    in    -which     defendant    may     be 

recommitted. 

632.  Order  for  commitment. 

633.  Arrest    in    either    division    or    subdi- 

vision. 

634.  Commitment  for  failure  to  appear  for 

judgment  upon  conviction. 

631.  Cases  in  which  defendant  may  be  recommitted. — The  court 
to  which  the  magistrate  commits  the  defendant,  or  in  which  an 
information  or  appeal  is  pending,  or  to  which  a  judgment  on  appeal 
is  remitted  to  be  carried  into  eflect,  may,  by  an  order  entered  upon 
its  minutes,  direct  the  arrest  of  the  defendant  and  his  commitment 
to  the  officer  to  whose  custody  he  was  committed  at  the  time  of  giving 
bail,  and  his  detention  until  legally  discharged,  in  the  following 
cases : 

a.  When,  by  reason  of  his  failure  to  appear,  he  has  incurred  a 
forfeiture  of  his  bail,  or  of  money  deposited  in  lieu  thereof;  or 

b.  When  it  satisfactorily  appears  to  the  court  that  his  bail,  or 
either  of  them,  are  dead  or  insufficient,  or  have  removed  from  the 
Canal  Zone.     (Feb.  21, 1933,  ch.  110,  sec.  97  [315],  47  Stat.  897.) 


790 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  637 

632.  Order  for  commitment.— Tlie  order  for  the  commitment  of 
the  defendant  must  recite  generally  the  facts  upon  which  it  is 
founded,  and  direct  that  the  defendant  be  arrested  by  any  marshal, 
policeman  or  other  peace  officer,  and  committed  to  the  officer  in 
whose  custody  he  was  at  the  time  he  was  admitted  to  bail,  to  be 
detained  until  legally  discharged. 

633.  Arrest  in  either  division  or  subdivision. — The  defendant  may 
be  arrested  pursuant  to  the  order  upon  a  certified  copy  thereof,  in 
either  division  or  subdivision,  in  the  same  manner  as  upon  a  warrant 
of  arrest. 

CKOSS-IlErEREnSfCE 

Arrest  upon  warrant  in  either  division  or  subdivision,  see  section  89  of 
tliis  title. 

634.  Commitment  for  failure  to  appear  for  judgment  upon  con- 
viction.— If  the  order  recites  as  the  ground  upon  which  it  is  made  the 
failure  of  the  defendant  to  appear  for  judgment  upon  conviction, 
the  defendant  must  be  committed  according  to  the  requirement  of 
the  order. 

635.  Admission  to  bail  if  order  made  for  other  cause. — If  the 

order  is  made  for  any  other  cause  and  the  offense  is  bailable  the 
court  may  fix  the  amount  of  bail  and  cause  a  direction  Ui  be  inserted 
in  the  order  that  the  defendant  be  admitted  to  bail  in  the  sum  fixed, 
which  must  be  specified  in  the  order. 

636.  Authority  of  magistrates  to  take  such  bail.— When  the 

defendant  is  admitted  to  bail  in  such  a  case,  the  bail  may  be  taken 
by  a  magistrate.     (Feb.  21,  1933,  ch.  110,  sec.  98  [320],  47  Stat.  898.) 

637.  Form  of  undertaking  in  such  cases. — When  the  bail  is  taken 
upon  the  recommitment  of  the  defendant,  the  undertaking  must  be  in 
substantially  the  following  form : 

An  order  having  been  made  on  the day  of A.D., 

nineteen ,  by  the  court   (naming  it)    that be  ad- 

■  milted  to  bail  in  the  sum  of dollars,  in  an  action  pending 

in  that  court  against  him  in  behalf  of  the  Government  of  the 
Canal  Zone,  upon  an  (information  or  appeal,  as  the  case  may 

be),  we, and of  (stating  their  places  of  residence 

and  occupation),  hereby  undertake  that  the  above-named 

will  appear  in  that,  or  in  any  other  court  in  which  his  appear- 
ance may  be  lawfully  required  upon  that  (information  or  appeal, 
as  the  case  may  be),  and  will  at  all  times  render  himself  amen- 
able to  its  orders  and  process,  and  appear  for  judgment  and  sur- 
render himself  in  execution  thereof;  or,  if  he  fails  to  perform 
either  of  these  conditions,  that  we  will  pay  to  the  Government 

of  the  Canal  Zone  the  sum  of dollars  (insert  the  sum  in 

which  the  defendant  is  admitted  to  bail). 


791 


T.  6,  §  651] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


CHAPTER  17.— WITNESSES 


Art. 

1.  Compelling     attendance 


Sec. 


of    wit- 
nesses         651 

Competency  of  witnesses 671 


Art. 


3.  Examination    of   witnesses   concll- 

tionally 

4.  Examination  of  witnesses  on  com- 

mission         701 


Sec. 
681 


ARTICLE    1.— COMPELLING   ATTENDANCE    OF   WITNESSES 


Sec. 

651.  Subpena  defined. 

652.  Issuance  of  subpenas  in   general. 

653.  Issuanco   for   witnesses  for   defendant. 

654.  Form  of  subpena. 

655.  Issuance    of    subpenas    by    district  at- 

torney. 

656.  Service  of  subpenas. 

657.  Advancement    from    per    diem    for    ex- 

penses of  witnesses. 


Sec. 

658.  Disobedience    to    subpena    as    a    con- 

tempt. 

659.  Civil  liability  for  disobedience  to  sub- 

pena issued  on  part  of  defendant. 

660.  Forfeiture   of   undertaking   for    failure 

to  appear. 

661.  Manner  of  producing  prisoner  as  wit- 

ness. 


Section  651.  Subpena  defined. — The  process  by  which  the  at- 
tendance of  a  witness  before  a  court  or  magistrate  is  required  is 
a  subpena.     (Feb.  21,  1933,  ch.  110,  sec.  99  [322],  47  Stat.  898.) 

652.  Issuance  of  subpenas  in  general. — A  subpena  may  bo 
signed  and  issued  by : 

a.  A  magistrate  before  whom  a  complaint  is  made,  for  witnesses 
in  the  Canal  Zone,  either  on  behalf  of  the  Government  or  of  the 
defendant ; 

b.  The  judge  of  the  district  court;  and 

c.  The  clerk  of  the  district  court  upon  application  either  of  the 
Government  or  the  defendant.  (Feb.  21,  1933,  ch.  110,  sec.  99  [322], 
47  Stat.  898.) 

CB0SS-IlEa'E2lENCES 

Issuance  by  district  attorney,  see  section  655  of  this  title. 
Summoning  witnesses  for  attendance  at  trial  in  magistrate's  court,  see  also 
sections  122  and  123  of  this  title. 

653.  Issuance  for  witnesses  for  defendant. — A  magistrate  or  the 
clerk  of  the  district  court  must,  at  any  time  and  without  charge,  issue 
subpenas  for  witnesses  for  the  defendant  upon  his  request.  (Feb. 
21, 1933,  ch.  110,  sec.  99  [322],  47  Stat.  898.) 

654.  Form  of  subpena. — A  subpena  authorized  by  sections  651 
to  653  of  this  title  must  be  substantially  in  the  following  form : 

The  Government  of  the  Canal  Zone : 

You  are  commanded  to  appear  before   (the  district  court  or 

the  magistrate  of division  or  subdivision,  or,  as  the  case 

may  be)  at  (naming  the  place)  on  (stating  the  day  and  hour), 
as  a  witness  in  a  criminal  action  prosecuted  by  the  Government 
of  the  Canal  Zone. 

Given  under  my  hand  this day  of ,  A.D.  19 

( Magistrate,  or  by  order  of  the  court, Clerk  or 

otherwise,  as  the  case  may  be). 
If  books,  papers  or  documents  are  required,  a  direction  to  the 
following  eliect  must  be  contained  in  the  subpena :  "And  you  are 
required  also  to  bring  with  you  the  following  (describing  intelligibly 
the  books,  papers  or  documents  required)".  (Feb.  21,  1933,  ch.  110, 
sec.  100  [323],  47  Stat.  898.) 


792 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  661 

655.  Issuance  of  subpenas  by  district  attorney. — The  district 
attorney  sliall  have  power  to  issue  subpenas  for  witnesses.  (Feb. 
21, 1933,  ch.  110,  sec.  34  [90],  47  Stat.  885.) 

656.  Service  of  subpenas. — A  subpena  may  be  served  by  any 
person,  but  a  peace  officer  nuist  serve  any  subpena  delivered  to  him 
for  service,  either  on  the  part  of  the  Government  of  the  Canal  Zone 
or  of  the  defendant,  and  must,  without  delay,  make  a  written  return 
of  the  service,  subscribed  by  him,  stating  the  time  and  place  of 
service.  The  service  is  made  by  showing  the  original  to  the  witness 
personally,  and  informing  him  of  its  contents. 

657.  Advancement  from  per  diem  for  expenses  of  witnesses. — 

When  a  person  attends  before  a  court  or  magistrate  as  a  witness 
in  a  criminal  case,  upon  a  subpena  or  in  pursuance  of  an  undertaking 
to  testify  on  behalf  of  the  prosecution,  and  it  appears  that  he  has 
come  from  a  place  more  than  three  miles  distant  from  the  place  where 
he  is  to  appear,  or  that  he  is  poor  and  unable  to  pay  the  expenses 
of  such  attendance,  the  court  or  magistrate,  in  its  or  his  discretion, 
by  an  order  upon  the  minutes  if  the  attendance  of  the  witness  is  upon 
a  trial  and  by  a  written  order  in  any  other  case,  may  direct  the  pay- 
ment to  the  Avitness  of  a  reasonable  sum  to  pay  his  expenses,  which 
sum  shall  be  charged  against  his  per  diem.  (Feb.  21,  1933,  ch.  110. 
sec.  101  [325],  47  Stat.  898.) 

658.  Disobedience  to  subpena  as  a  contempt. — Disobedience  to 
a  subpena,  or  a  refusal  to  be  sworn  or  to  testify  as  a  witness,  may  be 
punished  by  the  court  or  magistrate  as  a  contempt. 

Cross-Reference 

Contempt  of  court,  see  title  5,  sections  211  to  212. 

659.  Civil  liability  for  disobedience  to  subpena  issued  on  part  of 
defendant. — A  witness  disobeying  a  subpena  issued  on  the  part  of 
the  defendant,  unless  he  shows  good  cause  for  his  nonattendance,  is 
liable  to  the  defendant  in  the  sum  of  $100,  which  may  be  recovered 
in  a  civil  action. 

660.  Forfeiture  of  undertaking  for  failure  to  appear. — When  a 
witness  has  entered  into  an  undertaking  to  appear,  upon  his  failure 
to  do  so  the  undertaking  is  forfeited  in  the  same  manner  as  under- 
takings of  bail. 

Cboss-Refebence 

Forfeiture  of  undertakings  of  bail,  see  section  621  of  this  title. 

661.  Manner  of  producing  prisoner  as  witness. — When  the  testi- 
mony of  a  material  witness  for  the  Government  is  required  before  a 
court  in  a  criminal  action  and  such  witness  is  a  prisoner  in  the  pen- 
itentiary, or  in  jail,  an  order  for  his  temporary  removal  from  the 
penitentiary  or  jail,  and  for  his  production  before  the  court,  may  be 
made  by  the  court  in  w^hich  the  action  is  pending,  or  by  the  judge 
thereof;  but  in  case  the  penitentiary  or  jail  is  out  of  the  division 
or  subdivision  in  which  the  application  is  made,  such  order  shall  only 
be  made  upon  the  affidavit  of  the  district  attorney,  or  other  person 

93083—34 51  793 


T.6,  §671] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


on  behalf  of  the  Government,  showing  that  the  testimony  is  material 
and  necessary;  and  even  then  the  granting  of  the  order  shall  be  in 
the  discretion  of  the  court  or  judge.  The  order  shall  be  executed  by 
the  officer  of  the  court  in  which  it  is  made,  whose  duty  it  shall  be 
to  bring  the  prisoner  before  the  proper  court,  to  safely  keep  him, 
and  wdien  he  is  no  longer  required  as  a  witness,  to  return  him  to 
the  penitentiary  or  jail  whence  he  was  taken.  The  expense  of  execu- 
ting such  order  shall  be  paid  from  the  funds  of  the  Government  of 
the  Canal  Zone. 

Cross-Reference 

Bringing  prisoner  before  a  court,  see  section  905  of  this  title. 
ARTICLE  2.— COMPETENCY   OF  WITNESSES 


Sec. 

671.  Rules  for  determining   competency   of 

witnesses. 


Sec. 

672.  Competency  of  husband  or  wife. 

673.  Defendant  as  witness. 


671.  Rules  for  determining  competency  of  witnesses. — The  rules 
for  determining  the  competency  of  witnesses  in  civil  actions  are 
applicable  also  to  criminal  actions  and  proceedings  except  as  other- 
wise provided  in  this  title.  (Feb.  21,  1933,  ch.  110,  sec.  102  [32Sa], 
47  Stat.  898.) 

Cross-Refekence 

Competency  of  witnesses  in  civil  actions,  see  title  4,  sections  1901  to  1905, 

672.  Competency  of  husband  or  wife. — Neither  husband  nor  wife 
is  a  competent  witness  for  or  against  the  other  in  a  criminal  action 
or  proceeding  to  which  one  or  both  are  parties,  except  with  the  con- 
sent of  both,  or  in  case  of : 

a.  Criminal  actions  or  proceedings  for  a  crime  committed  by  one 
against  the  person  or  property  of  the  other; 

b.  Criminal  violence  upon  one  by  the  other ; 

c.  Criminal  actions  or  proceedings  for  bigamy  or  adultery;  or 

d.  Criminal  actions  or  proceedings  brought  imder  provisions  of 
law  requiring  the  husband  to  furnish  proper  maintenance  and  sup- 
port to  wife  and  minor  children  and  providing  for  pimishment  for 
abandonment  of  wife  or  minor  children.  (Feb.  21,  1933,  ch.  110, 
sec.  103  [328b],  47  Stat.  898.) 

673.  Defendant  as  witness. — A  defendant  in  a  criminal  action  or 
proceeding  cannot  be  compelled  to  be  a  witness  against  himself;  but 
if  he  offers  himself  as  a  witness,  he  may  be  cross-examined  by  the 
counsel  for  the  Government  as  to  all  matters  about  which  he  was 
examined  in  chief.  His  neglect  or  refusal  to  be  a  witness  cannot  in 
any  manner  prejudice  him  nor  be  used  against  him  on  the  trial  or 
proceeding.     (Feb.  21,  1933,  ch.  110,  sec.l04  [328c],  47  Stat.  899.) 

Cross-Refekence 

See  also  section  10  of  this  title;  and  title  1,  section  1  (e). 


794 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  G86 

ARTICLE  3.— EXAMINATION   OF  WITNESSES    CONDITIONALLY 


Sec. 

tiSl.  Riccht  to  have  witnesses  examined  con- 
ditionally. 

GS2.  Grounds  for  ordering  such  examina- 
tion. 

C83.   Requisites  of  npplication  for  order. 

(;S4.   Making    of   applicalion   fur   order. 

085.  Order  for  examination. 

686.  Examination  not  to  take  place  when 
grounds  nonexistent. 


Sec. 

G87.  Right  of  defendant  to  be  present  at 
examination. 

OSS.  Enforcing    attendance    of    witness. 

GS9.  Reducing  testimony  to  writing  and  au- 
thenticating it. 

690.  Transmitting  the  deposition  to  proper 

court. 

691.  Reading  the  deposition  in  evidence. 


681.  Right  to  have  witnesses  examined  conditionally. — When 
defendant  has  been  held  to  answer  a  charge  for  a  public  offense  either 
or  both  defendant  and  the  Government  may,  either  before  or  after  an 
information,  have  witnesses  examined  conditionally  in  his  or  its 
behalf,  as  prescribed  in  this  article,  (Feb.  21,  1933,  ch.  110,  sec.  105 
[329],  47  Stat.  899.) 

Cross-Refexence 

Conditional  examination  of  witness  unable  to  give  security  for  appearance 
in  district  court,  see  section  147  of  this  title. 

682.  Grounds  for  ordering  such  examination. — When  a  material 
witness  for  the  defendant,  or  for  the  Government,  is  about  to  leave 
the  Canal  Zone,  or  is  so  sick  or  infirm  as  to  afford  reasonable  grounds 
for  apprehension  that  he  will  be  unable  to  attend  the  trial,  the  de- 
fendant or  the  Government  may  apply  for  an  order  that  the  witness 
be  examined  conditionally.  (Feb.  21,  1933,  ch.  110,  sec.  106  [330], 
47  Stat.  899.) 

683.  Requisites  of  application  for  order. — The  application  must 
be  made  upon  affidavit  stating: 

a.  The  nature  of  the  offense  charged; 

b.  The  state  of  tlie  proceedings  in  the  action ; 

c.  The  name  and  residence  of  the  witness,  and  that  his  testimony 
is  material  to  the  defense  or  the  prosecution  of  the  action ;  and 

d.  That  the  witness  is  about  to  leave  the  Canal  Zone,  or  is  so  sick 
or  infirm  as  to  afford  reasonable  grounds  for  apprehending  that  he 
will  not  be  able  to  attend  the  trial.  (Feb.  21,  1933,  ch,  110,  sec. 
107  [331],  47  Stat.  899.) 

684.  Making  of  application  for  order. — The  application  may  be 
made  to  the  district  court  or  the  judge  thereof,  and  in  case  of  his 
absence  or  inability  to  act  may  be  made  to  a  magistrate.  Three 
days'  notice  of  the  application  must  be  given  to  the  opposite  party. 
(Feb.  21,  1933,  ch,  110,  sec.  107  [331],  47  Stat,  899.) 

685.  Order  for  examination. — If  the  court,  judge  or  magistrate 
is  satisfied  that  the  examination  of  the  witness  is  necessary,  an  order 
must  be  made  that  the  witness  be  examined  conditionally,  at  a  speci- 
fied time  and  place,  and  before  a  judge  or  magistrate  designated 
therein.     (Feb.  21,  1933,  ch.  110,  sec.  108  [332],  47  Stat.  899.) 

686.  Examination  not  to  take  place  when  grounds  nonexistent. — 

If,  at  the  time  and  place  so  designated,  it  is  shown  to  the  satisfaction 
of  the  judge  or  magistrate  that  the  witness  is  not  about  to  leave  the 
Canal  Zone,  or  is  not  sick  or  infirm,  or  that  the  application  was  made 

795 


T.  6,  §  687] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


to  avoid  the  examination  of  the  witness  on  the  trial,  the  examina- 
tion cannot  take  place.  (Feb.  21,  1933,  ch.  110,  sec.  110  [334],  47 
Stat.  900.) 

687.  Right  of  defendant  to  be  present  at  examination. — The 

defendant  has  the  right  to  be  present  in  person  and  with  counsel  at 
such  examination,  and  if  the  defendant  is  in  custody,  the  officer  in 
whose  custody  he  is,  must  be  informed  of  the  time  and  place  of  such 
examination  and  must  take  the  defendant  thereto  and  keep  him  in 
the  presence  and  hearing  of  the  witness  during  the  examination. 
(Feb.  21,  1933,  ch.  110,  sec.  109  [333],  47  Stat.  899.) 

688.  Enforcing  attendance  of  witness. — The  attendance  of  the 
witness  niay  be  enforced  by  a  subpena,  issued  by  the  judge  or  magis- 
trate before  whom  the  examination  is  to  be  taken. 

689.  Reducing  testimony  to  writing  and  authenticating  it. — The 

testimony  given  by  the  witness  must  be  reduced  to  writing  and  be 
properly  authenticated. 

690.  Transmitting  the  deposition  to  proper  court. — The  judge  or 
magistrate  must  seal  up  the  deposition  taken  and  transmit  it  to  the 
clerk  of  the  court  in  which  the  action  is  pending  or  may  come  for 
trial. 

691.  Reading  the  deposition  in  evidence. — The  deposition,  or  a 
certified  copy  thereof,  may  be  read  in  evidence  by  either  party  on  the 
trial,  upon  its  appearing  that  the  witness  is  unable  to  attend,  b}- 
reason  of  his  death,  insanity,  sickness  or  infirmity,  or  of  his  con- 
tinued absence  from  the  Canal  Zone.  Upon  reading  the  deposition 
in  evidence,  the  same  objections  may  be  taken  to  a  question  or  answer 
contained  therein  as  if  the  witness  had  been  examined  orally  in  court. 

ARTICLE  4.— EXAMINATION  OP  WITNESSES  ON  COMMISSION 


Sec. 

701.  Right    of    defendant    to    examine    wit- 

ness residing  out   of   Canal   Zone. 

702.  Grounds    of    application    for    order    to 

examine. 

703.  Commission  defined. 

704.  Requisites  of  application. 

705.  Application,  to  whum  made. 

706.  Ordering    commission    to    issue ;    stay 

of  trial. 

707.  Settlement    and    allowance    of    inter- 

rogatories. 


Sec. 

708.  Indorsement    on    commission    of   direc- 

tion as  to  return. 

709.  Execution    of    the    commission. 

710.  Return     of     commission     through     an 

agent. 

711.  Return  by  another  in  event  of  death 

of  agent. 

712.  Filing  of  commission  and  return. 

713.  Right    to    inspect    and    have   copies   of 

commission  and  return. 

714.  Reading  depositions  in  evidence. 


701.  Right  of  defendant  to  examine  witness  residing  out  of 
Canal  Zone. — When  an  issue  of  fact  is  joined  upon  an  information, 
the  defendant  may  have  any  material  witness  residing  out  of  the 
Canal  Zone  examined  in  his  behalf,  as  prescribed  in  this  article,  and 
not  otherwise. 

702.  Grounds  of  application  for  order  to  examine. — When  a 
material  witness  for  the  defendant  resides  out  of  the  Canal  Zone,  the 
defendant  may  apply  for  an  order  that  the  witness  be  examined  on  a 
commission. 

703.  Commission  defined. — A  commission  is  a  process  issued  under 
the  seal  of  the  court  and  the  signature  of  the  clerk  directed  to  some 
»^erson  designated  as  commissioner,  authorizing  him  to  examine  the 


796 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  (3,  §  709 

witness  under  oath  upon  the  interrogatories  annexed  thereto,  to  take 
and  certify  the  deposition  of  the  witness,  and  to  return  it  according 
to  the  directions  given  with  the  commission. 

704.  Requisites  of  application. — The  application  must  be  made 
upon  affidavit  stating: 

a.  The  nature  of  the  offense  charged ; 

b.  The  state  of  the  proceedings  in  the  action,  and  that  an  issue  of 
fact  has  been  joined  therein; 

c.  The  name  of  the  witnes3,  and  that  his  testimony  is  material  to 
the  defense  of  the  action;  and 

d.  That  the  witness  resides  and  is  at  the  time  out  of  the  Canal  Zone, 
and  will  not  be  within  the  jurisdiction  of  the  court  at  the  time  of  the 
trial. 

705.  Application,  to  whom  made. — The  application  may  be  made 
to  the  court  or  judge  and  must  be  upon  three  days'  notice  to  the 
district  attorney. 

706.  Ordering  commission  to  issue ;  stay  of  trial. — If  the  court  to 
whom  the  application  is  made  is  satisfied  of  the  truth  of  the  facts 
stated,  and  that  the  examination  of  the  witness  is  necessary  to  the 
attainment  of  justice,  an  order  must  be  made  that  a  commission  be 
issued  to  take  his  testimony ;  and  the  court  may  insert  in  the  order 
a  direction  that  the  trial  be  stayed  for  a  specified  time,  reasonably 
sufficient  for  the  execution  and  return  of  the  commission. 

707.  Settlement  and  allowance  of  interrogatories. — When  the 
commission  is  ordered,  the  defendant  must  serve  upon  the  district 
attorney  without  delay  a  copy  of  the  interrogatories  to  be  annexed 
thereto,  with  two  days'  notice  of  the  time  at  which  they  will  be 
presented  to  the  court  or  judge.  The  district  attorney  may  in  like 
manner  serve  upon  the  defendant  or  his  counsel  cross-interrogatories, 
to  be  annexed  to  the  commission,  with  the  like  notice.  In  the  inter- 
rogatories either  party  may  insert  any  question  pertinent  to  the 
issue.  When  the  interrogatories  and  cross-interrogatories  are  pre- 
sented to  the  court  or  judge,  according  to  the  notice  given,  the  court 
or  judge  must  modify  the  questions  so  as  to  conform  them  to  the  rules 
of  evidence,  and  must  indorse  upon  them  his  allowance,  and  annex 
them  to  the  commission. 

708.  Indorsement  on  commission  of  direction  as  to  return. — 

Unless  the  parties  otherwise  consent,  by  an  indorsement  upon  the 
commission,  the  court  or  judge  must  indorse  thereon  a  direction  as 
to  the  manner  in  which  it  must  be  returned,  and  may,  in  his  discre- 
tion, direct  that  it  be  returned  by  mail  or  otherwise,  addressed  to 
the  clerk  of  the  court  in  which  the  action  is  pending,  designating 
his  name  and  the  place  where  his  office  is  kept. 

709.  Execution  of  the  commission. — The  commissioner,  unless 
otherwise  specially  directed,  may  execute  the  commission  as  follows : 

a.  He  must  publicly  administer  an  oath  to  the  witness  that  his 
answers  given  to  the  interrogatories  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth; 

b.  He  must  cause  the  examination  of  the  witness  to  be  reduced  to 
writing  and  subscribed  by  him ; 

797 


T.  6,  §  710]  TEE  CODE  OF  CRIMINAL  PROCEDURE 

c.  He  must  write  the  answers  of  the  witness  as  nearly  as  possible 
in  the  language  in  which  he  gives  them,  and  read  to  him  each  answer 
as  it  is  taken  down,  and  correct  or  add  to  it  until  it  conforms  to  what 
he  declares  is  the  truth  ; 

d.  If  the  witness  declines  to  answer  a  question,  that  fact,  with 
the  reason  assigned  by  him  for  declining,  must  be  stated ; 

e.  If  any  papers  or  documents  are  produced  before  him  and  proved 
by  the  witness,  they,  or  copies  of  them,  must  be  annexed  to  the  depo- 
sition subscribed  by  the  witness  and  certified  b}'^  the  commissioner; 

f.  The  commissioner  must  subscribe  his  name  to  each  sheet  of  the 
deposition,  and  annex  the  deposition  with  the  papers  and  documents 
proved  by  the  witness,  or  copies  thereof,  to  the  commission,  and  must 
close  it  up  under  seal  and  address  it  as  directed  by  the  indorsement 
thereon ; 

g.  If  there  is  a  direction  on  the  commission  to  return  it  by  mail, 
the  commissioner  must  forthwith  deposit  it  in  the  nearest  post  office ; 
and 

h.  If  any  other  direction  is  made  by  the  written  consent  of  the 
parties,  or  by  the  court  or  judge,  or  the  commission,  as  to  its  return, 
the  commissioner  must  comply  with  the  direction. 

A   copy   of   this   section   must  be   annexed   to  the   commission. 

710.  Return  of  commission  through  an  agent. — If  the  commission 
and  return  are  delivered  by  the  commissioner  to  an  agent,  such  agent 
must  deliver  the  same  to  the  clerk  to  whom  it  is  directed,  or  to  the 
judge  of  the  court  in  which  the  action  is  pending,  by  whom  it  may  be 
received  and  opened,  upon  the  agent  making  affidavit  that  he  received 
it  from  the  hands  of  the  commissioner,  and  that  it  has  not  been 
opened  or  altered  since  he  received  it. 

711.  Return  by  another  in  event  of  death  of  agent. — If  the  agent 
is  dead,  or  from  sickness  or  other  casualty  unable  personally  to  de- 
liver the  commission  and  return,  as  prescribed  in  the  next  preceding 
section,  it  may  be  received  by  the  clerk  or  judge  from  any  other 
person,  upon  his  making  affidavit  that : 

a.  He  received  it  from  the  agent; 

b.  The  agent  is  dead  or  from  sickness  or  other  casualty  unable  to 
deliver  it ; 

c.  It  has  not  been  opened  or  altered  since  the  person  making  the 
affidavit  received  it;  and 

d.  He  believes  it  has  not  been  altered  or  opened  since  it  came  from 
the  hands  of  the  commissioner. 

712.  Filing  of  commission  and  return. — The  clerk  or  judge  receiv- 
ing and  opening  the  commission  and  return,  must  immediately  file 
them,  with  the  affidavit  mentioned  in  the  two  next  preceding  sections, 
in  the  office  of  the  clerk  of  the  court  in  which  the  information  is 
pending.  If  the  commission  and  return  are  transmitted  by  mail, 
the  clerk  to  whom  they  are  addressed  must  open  and  file  them  in  his 
office,  where  they  must  remain,  unless  otherwise  directed  by  the 
court  or  judge. 

713.  Right  to  inspect  and  have  copies  of  commission  and  re- 
turn.— The  commission  and  return  must  at  all  times  be  open  to  the 

798 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  722 


inspection  of  the  parties,  who  must  be  furnished  by  the  clerk  with 
copies  of  the  same,  or  of  any  part  thereof,  on  payment  of  his  fees. 

714.  Reading  depositions  in  evidence. — The  depositions  taken 
under  the  commission  may  be  read  in  evidence  by  either  party  on  the 
trial,  upon  it  being  shown  that  the  witness  is  unable  to  attend  from 
any  cause  whatever,  and  the  same  objections  may  be  taken  to  a 
question  in  the  interrogatories  or  to  an  answer  in  the  deposition,  as 
if  the  witness  had  been  examined  orally  in  court. 

CHAPTER  18.— HABEAS  CORPUS 


Sec. 

739.  Dischai'gp    for    formal    defect    in    -war- 

rant   of   commitment,    forbidden. 

740.  Right     to    writ    when    committed    on 

criminal  charge. 

741.  Hearing  and  disposition  where  charge 

or  process  defective. 

742.  Remanding    person    to    custody    where 

not   entitled   to   discharge  or  hailed. 
74.3.  Commitment    to   legal   custody   of  per- 
son held  illegally. 

744.  Imprisonment    again    after    discharge. 

745.  Issuance    of    warrant    in    lieu    of   writ 

in  certain  cases. 

746.  Inserting    command    for    apprehension 

of  person  charged  with  detention. 

747.  Execution  of  warrant. 

74S.  Return   and   hearing   on    warrant. 

749.  Discharge  or  remand  upon  hearing  on 

warrant. 

750.  Time  of  issuance  and  service  of  writ 

or  process  under  this  chapter. 

751.  Issuance    and     return     of    writs     and 

process  under   this   chapter. 

752.  Place  for  return  of  writs  and  process. 


Sec. 

721.  Right  to  writ  In  general. 

722.  Application  for  writ. 

723.  Granting  of  writ. 

724.  Power    of    magistrates    in    absence    of 

district  judge. 

725.  Contents  of  writ. 

726.  Service  of  writ. 

727.  Disobedience   for   defect   of   form,  for- 

bidden. 

728.  Proceedings  upon  disobedience  to  writ. 

729.  Damages  for  failure  tu  obey  writ. 

730.  Contents  of  return. 

731.  Duty    to    produce    body    according    to 

command  of  writ. 

732.  Procedure  in  case  of  illness  of  person 

directed  to  be  produced. 

733.  Hearing  on  return. 

734.  Proceedings  on  the  hearing. 

735.  Disposition    of    person    pending    Judg- 

ment on  return. 

736.  Discharge    of    person    where   no    legal 

CJuse  for   restraint  shown. 

737.  Remanding   person   detained   by  virtue 

of  lawful  process. 

738.  Discharge   of   person   detained   by  vir- 

tue of  process,  in  certain  cases. 

Section  721.  Right  to  writ  in  general. — Any  person  unlawfully 
imprisoned  or  restrained  of  his  liberty,  under  any  pretense  whatever, 
may  prosecute  a  writ  of  habeas  corpus  to  inquire  into  the  cause  ot 
such  imprisonment  or  restraint. 

Ceoss-Refeeence 

Right  to  writ  when  committed  on  criminal  charge,  see  section  740  of  this 
title. 

722.  Application  for  writ. — Application  for  the_  writ  is  made  by 
petition  signed  either  by  the  person  for  whose  relief  it  is  intended  or 
by  some  person  in  his  behalf,  and  must  specify : 

a.  That  the  person  in  whose  behalf  the  writ  is  applied  for  is  im- 
prisoned or  restrained  of  his  liberty; 

b.  The  officer  or  person  by  whom  he  is  so  confined  or  restrained, 
naming  all  the  parties  if  they  are  known  or  describing  them  if  they 
are  not  known; 

c.  The  place  wdiere  the  person  is  so  confined  or  restrained ;  and 

d.  In  what  the  alleged  illegality  consists,  if  the  imprisonment  is 
alleged  to  be  illegal. 

The  petition  must  be  verified  by  the  oath  of  the  person  making  the 
application. 

Cros  s-Reference 

Deposit  on  filing  of  application  for  writ,  see  title  4,  section  982. 


799 


T.  6,  §  723]  THE  CODE  OF  CRIMINAL  PROCEDURE 

723.  Granting  of  writ. — The  writ  of  habeas  corpus  may  be  granted 
by  the  district  court  or  the  judge  thereof,  upon  petition  by  or  on 
behalf  of  any  person  restrained  of  his  liberty.  When  a  petition  is 
presented  the  court  or  judge  must  grant  it  without  delay  if  it  appears 
that  it  ought  to  issue. 

Ckoss-Reference 

Power  of  judges  of  Circuit  Court  of  Appeals,  see  U.S.  Code,  title  28,  sec- 
tions 452  et  seq. 

724.  Power  of  magistrates  in  absence  of  district  judge. — During 
the  absence  of  the  district  judge,  the  powers  conferred  upon  him  and 
the  jurisdiction  conferred  upon  the  district  court  by  this  chapter 
may  be  exercised  by  a  magistrate  or  a  magistrate's  court;  but  the 
magistrate  herein  referred  to  must  be  other  than  the  one  who  com- 
mitted the  person  to  jail.  In  the  event  the  magistrate  or  magistrate's 
court  denies  the  writ,  the  proceedings  may  be  begun  and  proceeded 
w^ith  de  novo  before  the  district  court  or  judge  upon  his  return. 
(Feb.  21, 1933,  ch.  110,  sec.  116  [413a],  47  Stat.  900.) 

725.  Contents  of  writ. — The  writ  must  be  directed  to  the  person 
having  custody  of  or  restraining  the  person  on  whose  behalf  the 
application  is  made,  and  must  command  him  to  have  the  body  of 
such  person  before  the  court  or  judge  before  whom  the  writ  is  return- 
able at  a  time  and  place  therein  specified. 

726.  Service  of  writ. — If  the  writ  is  directed  to  any  ministerial 
officer  of  the  court  out  of  which  it  issues,  it  must  be  delivered  by  the 
clerk  to  such  officer  without  dela}'',  as  other  writs  are  delivered  for 
service.  If  it  is  directed  to  any  other  person,  it  must  be  delivered  to 
such  officer  of  the  court  and  be  by  him  served  upon  such  person  by 
delivering  the  same  to  him  without  delay.  If  the  person  to  whom 
the  writ  is  directed  cannot  be  found,  or  refuses  admittance  to  the 
officer  or  person  serving  or  delivering  the  writ,  it  may  be  served  or 
delivered  by  leaving  it  at  the  residence  of  the  person  to  whom  it  is 
directed,  or  by  affixing  it  to  some  conspicuous  place  on  the  outside, 
either  of  his  dwelling  house  or  of  the  place  where  the  person  is  con- 
fined or  under  restraint. 

727.  Disobedience  for  defect  of  form,  forbidden. — No  writ  of 
habeas  corpus  can  be  disobe3^ed  for  defect  of  form,  if  it  sufficiently 
appears  therefrom  in  whose  custody  or  under  whose  restraint  the 
party  imprisoned  or  restrained  is,  the  officer  or  person  detaining 
him,  and  the  court  or  judge  before  whom  he  is  to  be  brought. 

728.  Proceedings  upon  disobedience  to  writ. — If  the  person  to 
whom  the  writ  is  directed  refuses,  after  service,  to  obey  the  same,  the 
court  or  judge,  upon  affidavit,  must  issue  an  attachment  against  such 
person;  directed  to  any  officer,  commanding  him  forthwith  to  appre- 
hend such  person  and  bring  him  immediately  before  sucli  coni-t  or 
judge;  and  upon  being  so  brought,  he  must  be  committed  to  jail  until 
he  makes  due  return  to  such  writ,  or  is  otherwise  legally  discharged. 

Cboss-Refei'-ence 
Refusing  to  obey  or  eluding  service  of  writ,  see  title  5,  sections  191  to  193. 

800 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  734 

729.  Damages  for  failure  to  obey  writ. — If  the  officer  or  person 
to  whom  the  writ  is  directed  refuses  obedience  to  the  command 
thereof,  he  shall  forfeit  and  pay  to  the  person  aggrieved  a  sum  not 
exceeding  $1,000,  to  be  recovered  by  action  in  any  court  of  competent 
jurisdiction, 

730.  Contents  of  return. — The  person  ujwn  whom  the  writ  is 
served  must  state  in  his  return  plainly  and  unequivocally : 

a.  Whether  he  has  or  has  not  the  person  in  his  custody,  or  under 
his  power  or  restraint. 

b.  If  he  has  the  person  in  his  custody  or  power,  or  under  his  re- 
straint, he  must  state  the  authority  and  cause  of  such  imprisonment 
or  restraint. 

c.  If  the  person  is  detained  by  virtue  of  any  writ,  warrant  or  other 
written  authority,  a  copy  thereof  must  be  annexed  to  the  return,  and 
the  original  produced  and  exhibited  to  the  court  or  judge  on  the 
hearing  of  such  return. 

d.  It  the  person  upon  whom  the  writ  is  served  had  the  person  in 
his  power  or  custody,  or  under  his  restraint,  at  any  time  prior  or  sub- 
sequent to  the  date  of  the  writ  of  habeas  corpus,  but  has  transferred 
such  custody  or  restraint  to  another,  the  return  must  state  particu- 
larly to  whom,  at  what  time  and  place,  for  what  cause,  and  by  what 
authority,  such  transfer  took  place. 

e.  The  return  must  be  signed  by  the  person  making  the  same,  and, 
except  when  such  person  is  a  sworn  public  officer  and  makes  such 
return  in  his  official  capacity,  it  must  be  verified  by  his  oath. 

731.  Duty  to  produce  body  according  to  command  of  writ. — The 

person  to  whom  the  writ  is  directed,  if  it  is  served,  must  bring  the 
l3ody  of  the  person  in  his  custody  or  under  his  restraint,  according 
to  the  command  of  the  writ,  except  in  the  cases  specified  in  the  sec- 
tion next  following. 

732.  Procedure  in  case  of  illness  of  person  directed  to  be  pro 
duced. — When,  from  sickness  or  infirmity  of  the  person  directed  to  be 
produced,  he  cannot,  without  danger,  be  brought  before  the  court 
or  judge,  the  person  in  whose  custody  or  power  he  is  may  state  that 
fact  in  his  return  to  the  writ,  verifying  the  same  by  affidavit.  If  the 
court  or  judge  is  satisfied  of  the  truth  of  such  return,  and  the  return 
to  the  writ  is  otherwise  sufficient,  the  court  or  judge  may  proceed  to 
decide  on  such  return  and  to  dispose  of  the  matter  as  if  such  person 
had  been  produced  on  the  writ,  or  the  hearing  thereof  may  be  ad- 
journed until  such  person  can  be  produced. 

733.  Hearing  on  return. — The  court  or  judge  before  whom  the 
writ  is  returned  must,  immediately  after  the  return,  proceed  to  hear 
and  examine  the  return,  and  such  other  matters  as  may  be  properly 
submitted  to  the  hearing  and  consideration. 

734.  Proceedings  on  the  hearing. — The  person  brought  before  the 
court  or  judge,  on  the  return  of  the  writ,  may  deny  or  controvert  any 
of  the  material  facts  or  matters  set  forth  in  the  return,  or  except  to 
the  sufficiency  thereof,  or  allege  any  fact  to  show  either  that  his 
imprisonment  or  detention  is  unlawful  or  that  he  is  entitled  to  his 
discharge.     The  court  or  judge  must  thereupon  proceed  in  a  sum- 

801 


T.6,  §735]  THE  CODE  OF  CRIMINAL  PROCEDURE 

mary  way  to  hear  such  proof  as  may  be  produced  against  such 
imprisonment  or  detention,  or  in  favor  of  the  same,  and  to  dispose 
of  such  person  as  the  justice  of  the  case  may  require,  and  has  full 
power  and  authority  to  require  and  compel  the  attendance  of  wit- 
nesses, by  process  of  subpena  and  attachment,  and  to  do  and  per- 
form all  other  acts  and  things  necessary  to  a  full  and  fair  hearing 
and  determination  of  the  case. 

735.  Disposition  of  person  pending  judgment  on  return. — Until 
judgment  is  given  on  the  return,  the  court  or  judge  before  whom 
any  person  may  be  brought  on  such  writ  may  commit  him  to  the 
custody  of  the  warden  of  the  jail,  or  place  him  in  such  care  or  under 
such  custody  as  his  age  or  circumstances  may  require. 

736.  Discharge  of  person  where  no  legal  cause  for  restraint 
shown. — If  no  legal  cause  is  shown  for  such  imprisonment  or  re- 
straint, or  for  the  continuation  thereof,  the  court  or  judge  must  dis- 
charge such  person  from  the  custody  or  restraint  under  which  he 
is  held. 

737.  Remanding  person  detained  by  virtue  of  lawful  process. — 

The  court  or  judge,  if  the  time  during  which  such  person  may  be 
legally  detained  in  custody  has  not  expired,  must  remand  such  per- 
son, if  it  appears  that  he  is  detained  in  custody : 

a.  By  virtue  of  lawful  process  issued  by  a  court  or  judge  in  a  case 
where  such  court  or  judge  has  jurisdiction;  or 

b.  By  virtue  of  a  warrant  or  final  judgment  or  decree  of  any  com- 
petent court  of  criminal  jurisdiction,  or  of  any  process  issued  upon 
such  warrant,  judgment  or  decree. 

738.  Discharge  of  person  detained  by  virtue  of  process,  in  cer- 
tain cases. — If  it  appears  on  the  return  of  the  writ  that  the  prisoner 
is  in  custody  by  virtue  of  process  from  any  court  of  the  Canal  Zone, 
or  judge  or  officer  thereof,  such  prisoner  may  be  discharged  in  any 
of  the  following  cases,  subject  to  the  restrictions  of  the  next  preced- 
ing section : 

a.  When  the  jurisdiction  of  the  court  or  officer  has  been  exceeded; 

b.  When  the  imprisonment  was  at  first  lawful,  yet  by  some  act, 
omission,  or  event  which  has  taken  place  afterwards,  the  party  has 
become  entitled  to  a  discharge; 

c.  When  the  process  is  defective  in  some  matter  of  substance  re- 
quired by  law,  rendering  such  process  void ; 

d.  When  the  process,  though  proper  in  form,  has  been  issued  in  a 
case  not  allowed  by  law; 

e.  When  the  person  having  custody  of  the  prisoner  is  not  the  person 
allowed  b}^  law  to  detain  him; 

f.  Where  the  process  is  not  authorized  by  any  order,  judgment 
or  decree  of  any  court,  nor  by  any  provision  of  law;  or 

g.  Where  a  person  has  been  committed  on  a  criminal  charge  with- 
out reasonable  or  probable  cause. 

739.  Discharge  for  formal  defect  in  warrant  of  commitment, 
forbidden. — If  any  person  is  committed  to  prison,  or  is  in  custody  of 
any  officer  on  any  criminal  charge,  by  virtue  of  any  warrant  of 

80? 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  G,  §  745 

commitment  of  a  court,  such  person  must  not  be  discharged  on  the 
ground  of  any  mere  defect  of  form  in  the  warrant  of  commitment. 

740.  Right  to  writ  when  committed  on  criminal  charge. — Any 

person  who  has  been  committed  on  a  criminal  charge  may  be  brought 
before  the  district  judge  on  a  writ  of  habeas  corpus.  (Feb.  21,  1933, 
ch.  110,  sec.  115  [399],  47  Stat.  900.) 

741.  Hearing  and  disposition  where  charge  or  process  defec- 
tive.— If  it  appears  to  the  court  or  judge  by  affidavit  or  otherwise  or 
upon  the  inspection  of  the  process  or  warrant  of  commitment  and 
such  other  papers  in  the  proceedings  as  may  be  shown  to  the  court 
or  judge,  that  the  person  is  guilty  of  a  criminal  offense  or  ought  not 
to  be  discharged,  the  court  or  judge,  although  the  charge  is  defective 
or  not  substantially  set  forth  in  the  process  or  warrant  of  commit- 
ment, must  cause  the  complainant  or  other  necessary  witnesses  to  be 
subpenaed  to  attend  at  such  time  as  ordered,  to  testify  before  the 
court  or  judge;  and  upon  the  examination  he  may  discharge  the 
prisoner,  admit  him  to  bail  if  the  offense  is  bailable  or  recommit 
him  to  custody,  as  may  be  just  and  legal. 

742.  Remanding  person  to  custody  where  not  entitled  to  dis- 
charge or  bailed. — If  a  person  brought  before  the  court  or  judge  on 
the  return  of  the  writ  is  not  entitled  to  his  discharge,  and  is  not 
bailed,  where  such  bail  is  allowable,  the  court  or  judge  must  remand 
him  to  custody  or  place  him  under  the  restraint  from  w^iich  he  was 
taken,  if  the  person  under  whose  custody  or  restraint  he  was  is 
legally  entitled  thereto. 

743.  Commitment  to  legal  custody  of  person  held  illegally. — In 

cases  where  any  person  is  held  under  illegal  restraint  or  custody,  or 
any  other  person  is  entitled  to  the  restraint  or  custody  of  such  person, 
the  judge  or  court  may  order  such  person  to  be  committed  to  the 
restraint  or  custod}'  of  such  person  as  is  by  law  entitled  thereto. 

744.  Imprisonment  again  after  discharge. — No  person  who  has 
been  discharged  by  order  of  the  court  or  judge  upon  habeas  corpus 
can  be  again  imprisoned  or  restrained,  or  kept  in  custody  for  the 
same  cause,  except  in  the  following  cases : 

a.  If  he  has  been  discharged  from  custody  on  a  criminal  charge, 
and  is  afterwards  committed  for  the  same  offense,  by  legal  order  or 
process;  or 

b.  If,  after  a  discharge  for  defect  of  proof,  or  for  any  defect  of 
the  process,  warrant  or  commitment  in  a  criminal  case,  the  prisoner 
is  again  arrested  on  sufficient  proof  and  committed  by  legal  process 
for  the  preceding  offense. 

Ckoss-Referenge 
Imprisonment  of  person  discharged  upon  writ,  see  title  5,  section  192. 

745.  Issuance  of  warrant  in  lieu  of  writ  in  certain  cases. — When 
it  appears  to  the  district  court  or  judge  that  any  one  is  illegally 
held  in  custody,  confinement  or  restraint,  and  that  tliere  is  reason 
to  believe  that  such  person  will  be  carried  out  of  the  jurisdiction  of 
the  court  or  judge  before  whom  the  application  is  made,  or  will  suffer 
some  irreparable  injury  before  compliance  with  the  writ  of  habeas 

803 


T.  6,  §  746] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


corpus  can  be  enforced,  such  court  or  judge  may  cause  a  warrant 
to  be  issued,  reciting  the  facts,  and  directed  to  any  court  officer, 
commanding  such  officer  to  take  such  person  thus  held  in  custody, 
confinement  or  restraint,  and  forthwith  bring  him  before  such  court 
or  judge,  to  be  dealt  with  according  to  law. 

746.  Inserting  command  for  apprehension  of  person  charged 
with  detention. — The  court  or  judge  may  also  insert  in  such  warrant 
a  command  for  the  apprehension  of  the  person  charged  with  such 
illegal  detention  and  restraint. 

747.  Execution  of  warrant. — The  officer  to  whom  such  warrant  is 
delivered  must  execute  it  by  bringing  the  person  or  persons  therein 
named  before  the  court  or  judge  who  directed  the  issuing  of  such 
warrant. 

748.  Return  and  hearing  on  warrant. — The  person  alleged  to  have 
such  person  under  illegal  confinement  or  restraint  may  make  return 
to  such  warrant  as  in  case  of  a  writ  of  habeas  corpus,  and  the 
same  may  be  denied,  and  like  allegations,  proofs  and  trial  may  there- 
upon be  had  as  upon  a  return  to  a  Avrit  of  habeas  corpus. 

749.  Discharge  or  remand  upon  hearing  on  warrant. — If  such 
person  is  held  under  illegal  restraint  or  custody,  he  must  be  dis- 
charged; and  if  not,  he  must  be  restored  to  the  care  or  custody  of 
the  person  entitled  thereto. 

750.  Time  of  issuance  and  service  of  writ  or  process  under  this 
chapter. — Any  writ  or  process  authorized  by  this  chapter  may  be 
issued  and  served  on  any  day  or  at  any  time. 

751.  Issuance  and  return  of  writs  and  process  under  this  chap- 
ter.— All  writs,  warrants,  process  and  subpenas  authorized  by  the 
provisions  of  this  chapter  must  be  issued  by  the  clerk  of  the  court, 
and,  except  subpenas,  must  be  sealed  with  the  seal  of  such  court 
and  served  and  returned  forthwith,  unless  the  court  or  judge  shall 
specify  a  particular  time  for  any  such  return. 

752.  Place  for  return  of  writs  and  process. — All  such  writs  and 
process,  when  made  returnable  before  a  judge,  must  be  returned 
before  him  at  the  place  of  holding  court,  and  there  heard  and  deter- 
mined. 

CHAPTER  19.— SEARCH  WARRANTS 


Sec. 

761.  Search  warrant  defined. 

762.  Grounds  for  issuance  and  places  from 

which   property   may   be   taken. 

763.  Issuance  only  upon  probable  cause  sup- 

ported by  affidavit. 

764.  Examination  of  complainant  and   wit- 

nesses and  taking  their  depositions. 

765.  Contents  of  depositions. 
7G6.   Issuance  of  search  warrant. 
7()7.   Form  of  warrant. 

76S.   Who  may  serve  search   warrant. 
7()!).  Authority  of  officer  executing  warrant 
if  refused   admittance. 

770.  Authority   of   officer    in    liberating   as- 

sistant or  self. 

771.  Direction   in   warrant  as  to  service  in 

daytime  or  nighttime. 


Sec. 

772.  Period  within  which  warrant  must  be 

served. 

773.  Receipting  by  officer  for  [iroperty  taken. 

774.  Disposition  of  property  taken. 

775.  Return  of  warrant  and  delivery  of  in- 

ventory  of  property   taken. 

776.  Delivery  of  copies  of  inventory. 

777.  Proceedings  where  grounds  of  warrant 

controverted. 

778.  Restoration     of    property     on     certain 

grounds. 

779.  Return  of  papers  to  court  liaving  power 

to  inquire  into  offense. 

780.  Directing  searcli  of  defendant  in  pres- 

ence of  Judge  or  magistrate. 


Section  761.  Search  warrant  defined. — A  search  warrant  is  an 
order  in  writing,  in  the  name  of  the  Government  of  the  Canal  Zone, 


804 


TEE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  765 

signed  by  a  judge  or  magistrate  of  a  court  of  competent  jurisdiction, 
directed  to  a  peace  officer,  commanding  him  to  search  for  personal 
property  and  bring  it  before  the  judge  or  magistrate  who  issued  the 
writ. 

Cboss-Rkfeeencks 

Search  warrants,  see  also  U.S.  Code,  title  18,"  sections  611  to  633,  particularly 
sections  632  and  633   (appendix,  p.  947). 
Maliciously  procuring  search  warrant,  see  title  5,  section  171. 

762.  Grounds  for  issuance  and  places  from  which  property  may 
be  taken. — It  may  be  issued  upon  either  of  the  following  grounds : 

a.  When  the  property  was  stolen  or  embezzled;  in  which  case  it 
may  be  taken  on  the  warrant  from  any  place  in  which  it  is  concealed, 
or  from  the  possession  of  the  person  by  whom  it  was  stolen  or 
embezzled,  or  from  any  person  in  whose  possession  it  may  be; 

b.  When  it  was  used  as  the  means  of  committing  a  felony;  in 
which  case  it  may  be  taken  on  the  warrant  from  the  place  in  which 
it  is  concealed  or  from  the  possession  of  the  person  by  whom  it  was 
used  in  the  commission  of  the  offense,  or  from  any  person  in  whose 
possession  it  may  be; 

c.  When  it  is  in  the  possession  of  any  person  with  the  intent  to  use 
it  as  a  means  of  committing  a  public  offense,  or  in  the  possession  of 
another  to  whom  he  may  have  delivered  it  for  the  purpose  of  conceal- 
ing it  or  preventing  its  being  discovered;  in  which  case  it  may  be 
taken  on  the  warrant  from  such  person,  or  from  any  place  occupied 
by  him  or  under  his  control,  or  from  the  possession  of  the  person  to 
whom  he  may  have  so  delivered  it;  or 

d.  When  the  property  is  a  cask,  keg,  bottle,  vessel,  siphon,  can,  case 
or  other  package,  bearing  printed,  branded,  stamped,  engraved, 
etched,  blown  or  otherwise  attached  or  produced  thereon  the  duly 
filed  trademark  or  name  of  the  person  by  whom,  or  in  whose  behalf, 
the  search  warrant  is  applied  for,  in  the  possession  of  any  person 
except  the  owner  thereof,  with  intent  to  sell  or  traffic  in  the  same,  or 
refill  the  same  with  intent  to  defraud  the  owner  thereof  with  such 
intent,  and  without  such  owner's  consent  thereto,  or  unless  the  same 
shall  have  been  purchased  from  the  owner  thereof,  in  which  case  it 
may  be  taken  on  the  warrant  from  such  person,  or  from  any  place 
occupied  by  him,  or  under  his  control,  or  from  the  possession  of  the 
person  to  whom  he  may  have  delivered  it. 

763.  Issuance  only  upon  probable  cause  supported  by  affidavit. — 

A  search  warrant  cannot  be  issued  but  upon  probable  cause,  sup- 
ported by  affidavit,  naming  or  describing  the  person,  and  particularly 
describing  the  property  and  the  place  to  be  searched. 

764.  Examination  of  complainant  and  witnesses  and  taking  their 
depositions. — The  judge  or  magistrate  must,  before  issuing  the  war- 
rant, examine  on  oath  the  complainant  and  any  witnesses  he  may 
produce,  and  take  their  depositions  in  writing  and  cause  them  to  be 
subscribed  by  the  persons  making  them. 

765.  Contents  of  depositions. — The  depositions  must  set  forth  the 
facts  tending  to  establish  the  ground  of  the  application  or  probable 
cause  for  believing  that  they  exist. 

805 


T.  6,  §  766]  THE  CODE  OF  CRIMINAL  PROCEDURE 

766.  Issuance  of  search  warrant. — If  the  judge  or  magistrate  is 
thereupon  satisfied  of  the  existence  of  the  grounds  of  the  applica- 
tion, or  that  there  is  probable  cause  to  believe  their  existence,  he  must 
issue  a  search  warrant,  signed  by  him  with  his  name  of  office,  to  a 
peace  officer,  commanding  him  forthwith  to  search  the  person  or 
place  named,  for  the  property  specified,  and  to  bring  it  before  the 
judge  or  magistrate. 

767.  Form  of  warrant. — The  warrant  must  be  in  substantially  the 
following  form : 

Court. 

Division    (or  Subdivision). 

The  Government  of  the  Canal  Zone  to  the  Marshal  or  any 
peace  officer  of  the  Canal  Zone. 

Proof  by  affidavit  having  this  day  been  made  before  me  by 
(naming  every  person  whose  affidavit  has  been  taken),  (.stating 
that  the  grounds  of  the  application,  or  if  the  affidavit  be  not 
positive,  that  there  is  probable  cause  for  believing  that,  stating 
the  ground  of  the  application),  you  are  therefore  commanded, 
in  the  daytime  (or  at  any  time  of  the  day  or  night,  as  the  case 

may  be)  to  make  immediate  search  on  the  person  of (or 

in  the  house  situated describing  it,  or  any  other  place  to 

be  searched,  with  reasonable  particularity,  as  the  ca,se  may  be) 
for  the  following  property:  (describing  it  with  reasonable  par- 
ticularity), and  if  you  find  the  same,  or  any  part  thereof,  to 
bring  it  forthwith  before  me  (stating  the  place). 

Given  under  my  hand  and  dated  this day  of 

A.D.,  nineteen 

(Official  signature.) 

768.  Who  may  serve  search  warrant. — A  search  warrant  may,  in 
all  cases,  be  served  by  any  of  the  officers  mentioned  in  its  direction, 
but  bjT^  no  other  person,  except  in  aid  of  the  officer  on  his  requiring  it, 
he  being  present  and  acting  in  its  execution. 

769.  Authority  of  officer  executing  warrant  if  refused  admit- 
tance.— The  officer  may  break  open  any  outer  or  inner  door  or  win- 
dow of  a  house,  or  any  part  of  a  house,  or  anything  therein,  to  exe- 
cute the  warrant,  if,  after  notice  of  his  authority  and  purpose,  he 
is  refused  admittance. 

770.  Authority  of  officer  in  liberating  assistant  or  self. — He  may 

break  open  any  outer  or  inner  door  or  window  of  a  house  for  the 
purpose  of  liberating  a  person  who,  having  entered  to  aid  him  in 
the  execution  of  the  warrant,  is  detained  therein,  or  when  necessary 
for  his  own  liberation. 

771.  Direction  in  warrant  as  to  service  in  daytime  or  night- 
time.— The  direction  in  the  warrant  must  state  that  it  be  served  in 
the  daytime,  unless  the  affidavits  are  positive  that  the  property  is 
on  the  person  or  in  the  place  to  be  searched,  in  which  case  the  direc- 
tion may  be  that  it  be  served  at  any  time  of  the  day  or  night. 

772.  Period  within  which  warrant  must  be  served. — A  search 
warrant  may  be  executed  and  returned  to  the  court  by  which  it  was 

806 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  779 

issued  within  ten  days  after  its  date ;  after  the  expiration  of  this  time, 
the  warrant,  unless  executed,  is  void. 

773.  Receipting  by  officer  for  property  taken. — "VVlien  the  officer 
takes  property  under  the  warrant,  he  must  give  a  receipt  for  the 
property  taken  (specifying  it  in  detail)  to  the  person  from  whom 
it  was  taken  by  him,  or  in  whose  possession  it  was  found;  or,  in  the 
absence  of  any  person,  he  must  leave  it  in  the  place  where  he  found 
the  property. 

774.  Disposition  of  property  taken. — Wlien  the  property  is  deliv- 
ered to  the  judge  or  magistrate,  he  must,  if  it  was  stolen  or  em- 
bezzled, dispose  of  it  as  provided  in  sections  822  to  827  of  this  title. 
If  it  was  taken  on  a  warrant  issued  on  the  grounds  stated  in 
paragraphs  b  and  c  of  section  762  of  this  title,  he  must  retain  it 
in  his  possession,  subject  to  the  order  of  the  court  to  which  he  is 
required  to  return  the  proceedings  before  him,  or  of  any  other  court 
in  which  the  offense  in  respect  to  which  the  property  taken  is  triable. 
(Feb.  21,  1933,  ch.  110,  sec.  117  [427],  47  Stat.  901.) 

775.  Return  of  warrant  and  delivery  of  inventory  of  property 
taken. — The  officer  must  forthwith  return  the  warrant  to  the  judge 
or  magistrate,  and  deliver  to  him  a  written  inventory  of  the  property 
taken,  made  publicly  or  in  the  presence  of  the  person  from  whose  pos- 
session it  was  taken,  and  of  the  applicant  for  the  warrant,  if  they  are 
present,  verified  by  the  affidavit  of  the  officer  at  the  foot  of  the  in- 
ventory, to  the  following  effect :  "  I, (the  officer  by  whom 

this  warrant  was  executed)  do  swear  that  the  above  inventory  con- 
tains a  true  and  detailed  account  of  all  the  property  taken  by  me  on 
the  warrant." 

776.  Delivery  of  copies  of  inventory. — The  judge  or  magistrate 
must  thereupon,  if  required,  deliver  a  copy  of  this  inventory  to  the 
person  from  whose  possession  the  property  was  taken,  and  to  the 
applicant  for  the  warrant. 

777.  Proceedings  where  grounds  of  warrant  controverted. — If 

the  grounds  on  which  the  warrant  was  issued  are  controverted,  the 
judge  or  magistrate  must  proceed  to  take  testimony  in  relation 
thereto,  and  the  testimony  of  each  witness  must  be  reduced  to  writ- 
ing. 

778.  Restoration  of  property  on  certain  grounds. — If  it  appears 
that  the  property  taken  is  not  the  same  as  that  described  in  the 
warrant,  or  that  there  is  no  probable  cause  for  believing  the  exist- 
ence of  the  grounds  on  which  the  warrant  was  issued,  the  judge 
or  magistrate  must  cause  it  to  be  restored  to  the  person  from  whom 
it  was  taken. 

779.  Return  of  papers  to  court  having  power  to  inquire  into 
offense. — The  judge  or  magistrate  must  annex  together  the  deposi- 
tions, the  search  warrant  and  return,  and  the  inventory,  and,  if 
he  has  not  power  to  inquire  into  the  offense  in  respect  to  which  the 
warrant  was  issued,  must  file  them  at  once  in  the  court  having  power 
to  so  inquire. 

807 


T.  6,  §  780] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


780.  Directing  search  of  defendant  in  presence  of  judge  or 
magistrate. — When  a  person  charged  with  a  felony  is  believed  b}^ 
the  judge  or  magistrate  before  whom  he  is  brought  to  have  on  his 
person  a  dangerous  weapon,  or  anything  which  may  be  used  as  evi- 
dence of  the  commission  of  the  offense,  the  judge  or  magistrate  may 
direct  him  to  be  searched  and  the  weapons  or  other  thing  to  be  re- 
tained, subject  to  his  order,  or  to  the  order  of  the  court  in  which  the 
defendant  may  be  tried. 

CHAPTER  20.— DISMISSAL  OF  ACTION  BEFORE  OR  AFTER 
INFORMATION 


Discharge  of  defendant  upon  dismissal 

of  action. 
Execution    of  judgment  for  imprison- 

tion. 


Bee.  Sec. 

791.  Dismissal  of  action  for  want  of  timely       794. 

charge  or  trial. 

792.  Ordering  action  to  be  continued  from       514. 

time  to  time. 

793.  Dismissal  of  action  in  furtherance  of 

justice. 

Section  791.  Dismissal  of  action  for  want  of  timely  charge  or 
trial. — The  court,  unless  good  cause  to  the  contrary  is  shown,  shall 
order  the  prosecution  to  be  dismissed  in  the  following  cases : 

a.  Where  a  person  has  been  held  to  answer  for  a  public  offense  it 
an  information  is  not  filed  against  him  within  twenty  days  there- 
after; or 

b.  If  a  defendant,  who,se  trial  has  not  been  postponed  upon  his 
application,  is  not  brought  to  trial  within  one  hundred  and  twenty 
days  after  the  filing  of  the  information.  (Feb.  21,  1933,  ch.  110,  sec. 
Ill  [362,  subs.  1],  47  Stat.  900.) 

792.  Ordering  action  to  be  continued  from  time  to  time. — If  the 

defendant  is  not  charged  or  tried  as  provided  in  the  next  preceding 
section,  and  sufficient  reason  therefor  is  shown,  the  court  may  order 
the  action  to  be  continued  from  time  to  time,  and  in  the  meantime 
may  discharge  the  defendant  from  custody  on  his  own  undertaking 
of  bail  for  his  appearance  to  answer  the  charge  at  the  time  to  which 
the  action  is  continued. 

793.  Dismissal  of  action  in  furtherance  of  justice. — The  court 
may,  either  of  its  own  motion  or  upon  the  application  of  the  district 
attorney  and  in  furtherance  of  justice,  order  an  action  on  an  informa- 
tion to  be  dismissed.  The  reasons  of  the  dismissal  must  be  set  forth 
in  an  order  entered  upon  the  docket. 

794.  Discharge  of  defendant  upon  dismissal  of  action. — If  tht 

court  directs  the  action  to  be  dismissed,  the  defendant  must,  if  in 
custody,  be  discharged  therefrom ;  or  if  admitted  to  bail,  hijs  bail  is 
exonerated,  or  the  money  deposited  in  lieu  of  bail  must  be  refunded 
to  him. 

795.  Dismissal  as  bar  to  another  prosecution. — An  order  for  the 
dismissal  of  the  action,  as  provided  in  this  chapter,  is  a  bar  to  any 
other  prosecution  for  the  same  offense,  if  it  is  a  misdemeanor,  unless 
such  order  is  explicitly  made  for  the  purpose  of  amending  the  com- 
plaint in  the  action,  in  which  instance  the  order  for  dismissal  of  the 
action  shall  not  act  as  a  bar  to  a  prosecution  upon  the  amended  com- 
plaint; but  an  order  for  the  dismissal  of  the  action  is  not  a  bar  if 


808 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  812 


the  offense  is  a  felony.     (Feb.  21,  1933,  ch.  110,  sec.  112  [36G],  47 
Stat.  900.) 

CHAPTER  21.— COMPROMISING  CERTAIN  OFFENSES  BY  LEAVE  OF 

COURT 


Sec. 

SOI.  Ofifenses  which  may  be  compromised. 

802.  Compromise  in  discretion  of  court. 


Sec. 

803.  Order  as  bar  to  another  prosecution. 

804.  Chapter    as    providing    sole    mode    of 

compromise. 


Section  801.  Offenses  which  may  be  compromised. — When  a 
defendant  is  held  to  answer  on  a  charge  of  a  misdemeanor,  for  which 
the  person  injured  by  the  act  constituting  the  offense  has  a  remedy 
by  civil  action,  the  offense  may  be  compromised  as  provided  in  the 
section  next  following,  except  when  it  is  committed : 

a.  By  or  upon  an  officer  of  justice,  while  in  the  execution  of  the 
duties  of  his  office; 

b.  Riotously;  or 

c.  With  an  intent  to  commit  a  felony. 

802.  Compromise  in  discretion  of  court. — If  the  party  injured 
appears  before  the  court  in  which  the  action  is  pending  at  any  time 
before  trial  and  acknowledges  that  he  has  received  satisfaction  for 
the  injury,  the  court  may,  in  its  discretion,  on  payment  of  the  costs 
incurred,  order  all  proceedings  to  be  stayed  and  the  defendant  to  be 
discharged  therefrom;  but  in  such  case  the  reasons  for  the  order 
must  be  set  forth  therein,  and  entered  on  the  minutes. 

803.  Order  as  bar  to  another  prosecution. — The  order  mentioned 
in  the  next  preceding  section  is  a  bar  to  another  prosecution  for  the 
same  offense. 

804.  Chapter  as  providing  sole  mode  of  compromise. — No  public 
offense  can  be  compromised,  nor  can  any  proceeding  or  prosecution 
for  the  punishment  thereof  be  stayed  upon  a  compromise,  except  as 
provided  in  this  chapter. 

CHAPTER  22.— INQUIRY  INTO  INSANITY  OF  DEFENDANT  BEFORE 
TRIAL  OR  AFTER  CONVICTION 


Sec. 

815.  Commitment  to  asylum  as  exonerating 

bail. 

816.  Detention  of  defendant  in  asylum  until 

sane. 


Sec. 

811.  Prohibition  of  trial  or  punishment  of 

person  while  Insane. 

812.  Submission    of    question    of    sanity    to 

experts  named  by  court. 
81.3.  Trial  of  question  of  insanity. 
814.  Finding    of    experts,    and    proceedings 

thereafter. 

Section  811.  Prohibition  of  trial  or  punishment  of  person  while 
insane. — A  person  cannot  be  tried,  adjudged  to  punishment,  or  pun- 
ished for  a  public  offense  while  he  is  insane. 

Ceoss-Refekence 

Inquiry  into  sanity  after  judgment  of  death,  see  sections  524  to  527  of  this 

title. 

812.  Submission  of  question  of  sanity  to  experts  named  by 
court. — If  a  substantial  doubt  arises  as  to  the  sanity  of  the  defendant 
when  an  action  is  called  for  trial  or  at  any  time  during  the  trial  or 


93083—34- 


-52 


809 


T.  6,  §  813]  TEE  CODE  OF  CRIMINAL  PROCEDURE 

when  the  defendant  is  brought  up  for  judgment  on  conviction,  the 
court  must  order  the  question  as  to  his  sanity  to  be  submitted  to  three 
experts  designated  by  the  court,  and  the  trial  or  the  pronouncement  of 
judgment  must  be  suspended  until  the  question  is  determined  by  their 
decision. 

813.  Trial  of  question  of  insanity. — The  trial  of  the  question  of 
insanit}^  must  proceed  in  the  following  order: 

a.  The  counsel  for  the  defendant  must  open  the  case  and  offer  evi- 
dence in  support  of  the  allegation  of  insanity ; 

b.  The  counsel  for  the  Government  maj^  then  open  their  case  and 
offer  evidence  in  support  thereof; 

c.  The  parties  may  then  respectively  offer  rebutting  testimony 
only,  unless  the  court  for  good  reason,  in  furtherance  of  justice,  per- 
mits them  to  offer  evidence  upon  their  original  cause ; 

d.  When  the  evidence  is  concluded,  on  either  or  both  sides  without 
argument,  the  counsel  for  the  Government  must  commence,  and  the 
defendant  or  his  counsel  may  conclude  the  argument; 

e.  If  the  information  is  for  an  offense  punishable  with  death,  two 
counsel  on  each  side  may  argue  the  cause,  in  which  case  they  must  do 
so  alternately.  In  other  cases  the  argument  may  be  restricted  to 
one  counsel  on  each  side;  and 

f.  The  court  must  then  charge  the  experts,  stating  to  them  all  mat- 
ters of  law  necessary  for  their  information  in  giving  their  verdict. 

814.  Finding  of  experts,  and  proceedings  thereafter. — If  the 

experts  find  the  defendant  sane,  the  trial  must  proceed  or  judgment 
be  pronounced,  as  the  case  may  be.  If  the  experts  find  the  defendant 
insane,  the  trial  or  judgment  must  be  suspended  until  he  becomes 
sane,  and  the  court  must  order  that  he  be  in  the  meantime  committed 
to  an  insane  asylum,  and  that  upon  his  becoming  sane  he  be  delivered 
to  the  warden  of  the  jail. 

815.  Commitment  to  asylum  as  exonerating  bail. — The  commit- 
ment of  the  defendant,  as  mentioned  in  the  next  preceding  section, 
exonerates  his  bail,  or  entitles  a  person  authorized  to  receive  the 
property  of  the  defendant  to  a  return  of  any  money  he  may  have 
deposited  instead  of  bail. 

816.  Detention   of    defendant    in   asylum    until    sane. — If   the 

defendant  is  received  into  the  asylum,  he  must  be  detained  there 
until  he  becomes  sane.  When  he  becomes  sane,  the  superintendent 
must  give  notice  of  that  fact  to  the  district  attorney.  The  warden 
must  thereupon,  without  delay,  bring  the  defendant  from  the 
asylum  and  place  him  in  proper  custody  until  he  is  brought  to  trial 
or  judgment,  as  the  case  may  be,  or  is  legally  discharged. 


810 


THE  CODE  OP  CRIMINAL  PROCEDUKE 


[T.  6,  §  826 


CHAPTER    23.— DISPOSAL   OF   PROPERTY   STOLEN    OR   EMBEZZLED 


Sec. 

S21.  Holding  by   officer  of  stolen   property 
coming   into   his  custody. 

822.  Restoration  of  such  property  to  owner 

by  court. 

823.  Restoration    of    stolen    property    com- 

ing into  custody  of  court. 

824.  Restoration     of     stolen     property     by 

court  before  which  trial  is  had. 


Sec. 

825.  Disposal   of   stolen   property   which   is 

unclaimed. 
82G.   Receipting    for    property    taken    from 

person  arrested. 
827.  rolice  department  entries  as  to  stolen 

property. 


Section  821.  Holding  by  officer  of  stolen  property  coming  into 
his  custody. — When  property  alleged  to  have  been  stolen  or  embez- 
zled, comes  into  the  custody  of  a  peace  officer,  he  must  hold  it  subject 
to  the  order  of  the  court  authorized  by  the  section  next  following 
to  direct  the  disposal  thereof. 

822.  Restoration  of  such  property  to  owner  by  court. — On  satis- 
factory proof  of  the  ownership  of  the  property,  the  court  before 
which  the  complaint  is  laid,  or  which  examines  the  charge  against 
the  person  accused  of  stealing  or  embezzling  it,  must  order  it  to  be 
delivered  to  the  owner  on  his  paying  the  necessary  expense  incurred 
in  its  preservation,  to  be  certified  by  the  judge  or  magistrate  of  the 
court.  The  order  entitles  the  owner  to  demand  and  receive  the 
property. 

823.  Restoration  of  stolen  property  coming  into  custody  of 
court. — If  property  stolen  or  embezzled  comes  into  custody  of  a  court, 
it  must  be.  delivered  to  the  owner  on  satisfactory  proof  of  his  title, 
and  on  his  paying  the  necessary  expense  incurred  in  its  preservation, 
to  be  certified  by  the  judge  or  magistrate  of  the  court. 

824.  Restoration  of  stolen  property  by  court  before  which  trial 
is  had. — If  the  property  stolen  or  embezzled  has  not  been  delivered 
to  the  owner,  the  court  before  which  a  trial  is  had  for  stealing  or  em- 
bezzling it,  may,  on  proof  of  his  title,  order  it  to  be  restored  to  the 
owner. 

825.  Disposal  of  stolen  property  which  is  unclaimed. — If  the 

property  stolen  or  embezzled  is  not  claimed  by  the  owner  before  the 
expiration  of  six  months  from  the  conviction  of  a  person  for  stealing 
or  embezzling  it,  the  court  shall  order  it  sold  on  such  terms  and  under 
such  conditions  as  the  court  shall  direct.  The  officer  making  the  sale 
shall  return  the  proceeds  into  court,  whereupon  the  court  shall  order 
the  balance  of  the  proceeds,  after  deducting  therefrom  the  expenses 
incurred  in  the  preservation  and  sale  of  the  property,  to  be  delivered 
to  the  collector  of  the  Panama  Canal  to  be  covered  into  the  Treasury 
of  the  United  States  as  miscellaneous  receipts.  (Feb.  21,  1933,  ch. 
110,  sec.  114  [379],  47  Stat.  900.) 

826.  Receipting  for  property  taken  from  person  arrested. — Wlien 
money  or  other  property  is  taken  from  a  defendant,  arrested  upon  a 
charge  of  a  public  offense,  the  officer  taking  it  must  at  the  time  give 
duplicate  receipts  therefor,  specifying  particularly  the  amount  of 
money  or  the  kind  of  property  taken ;  one  of  which  receipts  he  must 
deliver  to  the  defendant  and  the  other  of  which  he  must  forthwith  file 
with  the  clerk  of  the  court  to  which  the  depositions  and  statements 
are  to  be  sent.     When  such  property  is  taken  by  a  police  or  peace  offi- 


811 


T.  6,  §  827] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


cer,  he  must  deliver  one  of  the  receipts  to  the  defendant,  and  one,  with 
the  property,  to  the  clerk  or  other  person  in  charge  at  the  police 
department. 

827.  Police  department  entries  as  to  stolen  property. — The  clerk 
or  person  having  charge  at  the  police  department  must  enter  in  a 
suitable  book  a  description  of  every  article  of  property  alleged  to  be 
stolen  or  embezzled  and  brought  into  the  office  or  taken  from  the  per- 
son of  a  prisoner,  and  must  attach  a  number  to  each  article,  and  make 
a  corresponding  entry  thereof. 

CHAPTER  24.— PROCEEDINGS  AGAINST  CORPORATIONS 


Sec. 

831.  Summons    on    complaint    against    cor- 

poration. 

832.  Service  of  summons. 

833.  Examination  of  charge. 

834.  Certificate   of   probable   cause   and   re- 

turn thereof. 


Sec. 

835.  Filing  of  information. 

836.  Appearance  and  plea. 

837.  Collection    of  fine   imposed   upon   con- 

viction. 


Section  831.  Summons  on  complaint  against  corporation. — Upon 
a  complaint  being  filed  against  a  corporation,  a  summons  must  be 
issued  requiring  the  corporation  to  appear  before  the  magistrate  at  a 
specified  time  and  place,  to  answer  the  charge,  the  time  to  be  not 
less  than  ten  days  after  the  issuing  of  the  summons. 

832.  Service  of  summons. — The  summons  must  be  served  at  least 
five  days  before  the  day  of  appearance  fixed  therein,  by  delivering  a 
copy  thereof  and  showing  the  original  to  the  president  or  other  head 
of  the  corporation,  or  to  the  secretary,  cashier  or  managing  agent 
within  the  Canal  Zone.  (Feb.  21,  1933,  ch.  110,  sec.  113  [368],  47 
Stat.  900.) 

833.  Examination  of  charge. — At  the  time  appointed  in  the  sum- 
mons, the  magistrate  before  whom  the  corporation  is  summoned 
to  appear  must  proceed  to  investigate  the  charge  in  the  same  man- 
ner as  in  the  case  of  a  natural  person,  so  far  as  these  proceedings  are 
applicable. 

834.  Certificate  of  probable  cause  and  return  thereof. — After 
hearing  the  proofs,  the  magistrate  must  certify  either  that  there  is 
or  is  not  sufficient  cause  to  believe  the  corporation  guilty  of  the 
offense  charged,  and  must  return  the  certificate. 

835.  Filing  of  information. — If  the  magistrate  returns  a  certificate 
that  there  is  sufficient  cause  to  believe  the  corporation  guilty  of  the 
offense  charged,  the  district  attorney  may  file  an  information  thereon 
as  in  case  of  a  natural  person  held  to  ansAver. 

836.  Appearance  and  plea. — If  an  information  is  filed,  the  corpo- 
ration may  appear  by  counsel  to  answer  the  same.  If  it  does  not 
thus  appear,  a  plea  of  not  guilty  must  be  entered,  and  the  same  pro- 
ceedings had  thereon  as  in  other  cases. 

837.  Collection  of  fine  imposed  upon  conviction. — When  a  fine  is 
imposed  upon  a  corporation  on  conviction,  it  may  be  collected  by 
virtue  of  the  order  imposing  it,  by  the  proper  officer  of  the  court, 
out  of  the  real  and  personal  property  of  the  corporation. 


812 


THE  CODE  OF  CRIMINAL  PROCEDURE 


[T.  6,  §  861 


CHAPTER  25.— CLERK  OF  THE  DISTRICT  COURT 


Sec. 

843.  Turning  over   revenues  to  collector  of 
Panama  Canal. 


Sec. 

841.  Keeping  of  criminal  docket. 

842.  Other   duties   as    assigned    by    district 

judge. 

Section  841.  Keeping  of  criminal  docket. — A  docket  must  be  kept 
by  the  clerk  of  the  district  court  denominated  a  criminal  docket, 
in  which  he  shall  enter  each  criminal  action  and  whatever  pro- 
ceedings are  had  therein,  and  a  statement  of  the  costs.  (Feb.  21, 
1933,  ch.  110,  sec.  38a  [103],  47  Stat.  886.) 

Ckoss-Refekences 

All  informations  filed  with  clerk,  see  section  175  or  this  title. 
Appointment  and  compensation  of  clerk,  see  title  7,  section  36. 
Keeping  calendar  of  pending  actions,  see  section  311  of  this  title. 

842.  Other  duties  as  assigned  by  district  judge. — The  clerk  shall 
perform  such  other  duties  as  may  from  time  to  time  be  assigned  him 
by  the  judge  of  the  district  court.  (Feb.  21,  1933,  ch.  110,  sec.  39 
[105],  47  Stat.  886.) 

843.  Turning  over  revenues  to  collector  of  Panama  Canal. — The 

clerk  shall  at  the  end  of  each  month  turn  over  to  the  collector  of 
the  Panama  Canal  all  the  Government  revenues  collected  or  paid 
to  him  of  whatever  character  or  nature.  (Feb.  21,  1933,  ch.  110, 
sec.  38a  [103],  47  Stat.  886.) 

CHAPTER  26.— FUGITIVES  FROM  JUSTICE;  EXTRADITION 


Art.  Sec. 

1.  Reward  for  apprehension 851 

2.  Extradition    between    Canal    Zone 

and    United    States    or    foreign 
countries    generally 861 


3.  Extradition  of  fugitives  from  the 

Republic  of  Panama 881 


ARTICLE  1.— REWARD  FOR  APPREHENSION 

Section  851.  Reward  for  apprehension  of  escaped  convicts  and 
certain  offenders. — The  Governor  of  the  Panama  Canal  may  offer  a 
reward  not  exceeding  $1,000  for  the  apprehension : 

a.  Of  any  convict  who  has  escaped  from  the  penitentiary;  or 

b.  Of  any  person  who  has  committed  or  is  charged  with  the  co  n- 
mission  of  an  offense  punishable  with  death. 

ARTICLE  2.— EXTRADITION  BETWEEN  CANAL  ZONE  AND  UNITED 
STATES  OR  FOREIGN  COUNTRIES  GENERALLY 


Sec. 

861.  Application    of    laws    and    treaties    of 

United  States. 

862.  Warrant    for    arrest    of    fugitive   from 

State  or   Territory. 

863.  Proceedings    for    arrest    and    commit- 

ment. 

864.  Commitment    pending    arrest    on    war- 

rant of  Governor. 

865.  Admission    to    bail    pending   arrest   on 

warrant  of  Governor. 

866.  Giving  notice  of  arrest  to  district  at- 

torney. 


Sec. 

867.  Giving  of  notice  by  district  attorney 

to  State  or  Territory. 

868.  Discharge    of    person    unless    arrested 

on  warrant  of  Governor. 

869.  Inquiry    by    district    court    into    cause 

of  arrest  and  detention. 

870.  Accounts  of  person  employed  to  bring 

fugitive    back    to    Canal    Zone. 

871.  No    fee    or    reward    for    procuring    re- 

turn or  detention  of  fugitive. 


861.  Application  of  laws  and  treaties  of  United  States. — All  laws 
and  treaties  relating  to  the  extradition  of  persons  accused  of  crime 


813 


T.  6,  §  862]  TEE  CODE  OF  CRIMINAL  PROCEDURE 

in  force  in  the  United  States,  to  the  extent  that  they  are  not  in 
conflict  with  or  superseded  by  any  special  treaty  entered  into  between 
the  United  States  and  the  Republic  of  Panama  with  respect  to  the 
Canal  Zone,  and  all  laws  relating  to  the  rendition  of  fugitives  from 
justice  as  between  the  several  States  and  Territories  of  the  United 
States,  shall  extend  to  and  be  considered  in  force  in  the  Canal  Zone, 
and  for  such  purposes  the  Canal  Zone  shall  be  considered  and  treated 
as  an  organized  Territory  of  the  United  States.  (Aug.  24,  1912,  ch. 
390,  sec.  12,  37  Stat.  569  [U.S.  Code,  title  48,  sec.  1330].) 

Ckoss-Reb^rences 

For  laws  of  United  States  respecting  extradition  of  persons  accused  of  crime, 
see  U.S.  Code,  title  18,  sections  651  to  668  (appendix,  p.  951.) 
Extradition  of  fugitives  from  Panama,  see  sections  881  to  892  of  this  title. 
Exclusion  and  deportation  of  persons,  see  title  2,  sections  141  and  142. 

862.  Warrant  for  arrest  of  fugitive  from  State  or  Territory. — 

A  magistrate  may  issue  a  warrant  for  the  apprehension  of  a  person 
charged  in  any  State  or  Territory  of  the  United  States  with  having 
committed  treason  or  felony  who  flees  from  justice  and  is  found  in 
the  Canal  Zone. 

Ckoss-Refeeencb 

Duties  of  Governor  in  respect  to  arrest  and  delivery  of  fugitive,  upon  demand 
of  State  or  Territory  and  production  of  requisite  papers,  see  U.S.  Code,  title  18, 
section  662    (appendix,  p.  954). 

863.  Proceedings  for  arrest  and  commitment. — The  proceedings 
for  the  arrest  and  commitment  of  a  person  so  charged  shall  be  in  all 
respects  similar  to  those  provided  in  this  title  for  the  arrest  and 
commitment  of  a  person  charged  with  a  public  offense  committed  in 
the  Canal  Zone,  except  that  a  certified  copy  of  an  instrument  found, 
or  other  judicial  proceedings  had  against  him  in  the  State  or  Terri- 
tory in  which  he  is  charged  to  have  committed  the  offense,  may  be 
received  as  evidence  before  the  magistrate. 

864.  Commitment  pending  arrest  on  warrant  of  Governor. — If, 

from  the  examination,  it  appears  that  the  accused  has  committed  the 
crime  alleged,  the  magistrate  by  warrant  reciting  the  accusation  must 
commit  the  fugitive  to  the  proper  custody  in  that  subdivision  for 
such  time,  to  be  specified  in  the  warrant,  as  the  magistrate  may 
deem  reasonable  to  permit  the  arrest  of  the  fugitive,  as  provided  in 
section  5278  of  the  Revised  Statutes  of  the  United  States  (U.S. 
Code,  title  18,  sec.  662),  upon  the  warrant  of  the  Governor  of  the 
Panama  Canal,  on  the  demand  of  the  executive  authority  of  the  State 
or  Territory  in  which  the  fugitive  committed  the  offense,  unless  he 
gives  bail  as  provided  in  the  section  next  following,  or  until  he  is 
legally  discharged. 

865.  Admission  to  bail  pending  arrest  on  warrant  of  Governor. — 

The  magistrate  may  admit  the  person  arrested  to  bail  by  an  under- 
taking with  sufficient  sureties  and  in  such  sum  as  the  magistrate 
deems  proper,  for  the  appearance  of  such  person  before  the  magis- 
trate at  a  time  specified  in  the  undertaking  and  for  the  surrender  of 
such  person  to  arrest  upon  the  warrant  of  the  Governor. 


814 


THE  CODE  OF  CRIMINAL  PROCEDURE  IT.  6,  §  871 

866.  Giving  notice  of  arrest  to  district  attorney.— Immediately 
upon  the  arrest  of  the  person  charged,  the  magistrate  must  give  notice 
thereof  to  the  district  attorney. 

867.  Giving  of  notice  by  district  attorney  to  State  or  Terri- 
tory.—The  district  attorney  must  immediately  thereafter  give  notice 
to  the  executive  authority  of  the  State  or  Territory,  or  to  the  prose- 
cutinfj-  attorney  or  presiding  judge  of  the  court  of  the  city  or  county 
within  the  State  or  Territory  having  jurisdiction  of  the  offense,  to 
the  end  that  a  demand  may  be  made  for  the  arrest  and  surrender  ot 
the  person  charged. 

868.  Discharge  of  person  unless  arrested  on  warrant  of  Gov- 
ernor.—The  person  arrested  must  be  discharged  from  custody  or  bail 
unless,  before  the  expiration  of  the  time  designated  in  the  warrant 
or  undertaking,  he  is  arrested  under  the  warrant  of  the  Governor. 

869.  Inquiry  by  district  court  into  cause  of  arrest  and  deten- 
tion.—The  magistrate  must  return  his  proceedings  to  the  district 
court,  which  must  thereupon  inquire  into  the  cause  of  the  arrest  and 
detention  of  the  person  charged,  and  if  he  is  in  custody  or  the  time 
of  his  arrest  has  not  elapsed,  it  niay : 

a.  Discharge  him  from  detention; 

b.  Order  his  undertaking  or  bail  to  be  canceled ; 

c.  Continue  his  detention  for  a  longer  time;  or  <.      •  u- 

d.  Readmit  him  to  bail  to  appear  and  surrender  himself  withm 
a  time  specified  in  the  undertaking. 

870.  Accounts  of  person  employed  to  bring  fugitive  back  to 
Canal  Zone.— When  the  Governor  of  the  Panama  Canal  demands  the 
surrender  to  the  authorities  of  the  Canal  Zone  of  a  fugitive  from 
justice  who  has  been  found  and  arrested  in  any  State  or  Territory 
of  the  United  States  or  in  any  foreign  country,  the  accounts  of  the 
person  employed  by  the  Governor  to  bring  back  such  fugitive  must 
be  audited  and  paid  out  of  the  treasury  of  the  Canal  Zone. 

871.  No  fee  or  reward  for  procuring  return  or  detention  of 
fugitive. — No  compensation,  fee  or  reward  of  any  kind  can  be  paid 
to  or  received  by  a  public  officer  of  the  Canal  Zone,  or  other  person, 
for  a  service  rendered  in  procuring  from  the  Governor  the  clemand 
mentioned  in  the  next  preceding  section,  or  the  surrender  of  the  fugi- 
tive, or  for  conveying  him  to  the  Canal  Zone,  or  detaining  him 
therein,  except  as  provided  in  that  section. 


618 


T.  6,  §  881] 


THE  CODE  OF  CRIMINAL  PROCEDURE 


ARTICLE  3.- 


-EXTRADITION  OF  FUGITIVES  FROM  THE  REPUBLIC  OF 
PANAMA 


Sec. 

881.  Delivery  to  Panama  of  offenders  who 

seek  refuge  in  Canal  Zone. 

882.  Discretion  as  to  delivery  of  citizen  of 

United  States. 

883.  Delay  in  delivery  of  person  under  ac- 

cusation or  sentence  in  Canal  Zone. 

884.  Prosecution    for    graver    offense    than 

that    for   which   fugitive   was   deliv- 
ered. 

885.  Requisites    of   demand    for   arrest    and 

delivery  of  fugitive. 

886.  Telegraphic    request    for    detention    in 

case  of  urgency. 


Sec. 

887.  Accomplishment   of   arrest   and   deten- 

tion. 

888.  Term  of  detention. 

889.  Authority    of    agents    of    Panama    re- 

ceiving fugitive  in  Canal  Zone. 

890.  Duty    of    Canal    Zone    authorities    to 

facilitate  return  of  fugitive. 

891.  Delivery  of  objects  found  in  fugitive's 

possession. 

892.  Expense     of     capture,     detention     and 

transportation  of  fugitive. 


881.  Delivery  to  Panama  of  offenders  who  seek  refuge  in  Canal 
Zone. — All  persons  who  have  been  condemned,  prosecuted  or  accused 
before  the  courts  of  the  Republic  of  Panama  as  authors  or  accom- 
plices of  crimes,  transgressions  or  offenses  against  the  laws  of  said 
Republic,  who  seek  refuge  in  the  Canal  Zone,  shall  be,  upon  appre- 
hension, taken  into  custody  by  the  authorities  of  the  Canal  Zone 
and  delivered  to  the  authorities  of  the  Republic  of  Panama,  upon 
the  demand  of  the  Government  of  that  Republic  and  compliance 
with  the  procedure  hereinafter  prescribed,  (July  5,  1932,  ch.  419, 
sec.  1,  47  Stat.  574  [U.S.  Code,  title  48,  sec.  1330a].) 

882.  Discretion  as  to  delivery  of  citizen  of  United  States. — The 

Government  of  the  Canal  Zone  is  at  liberty  to  decline  compliance 
with  a  demand  of  the  Government  of  the  Republic  of  Panama  for 
the  arrest  and  delivery  to  the  authorities  of  said  Republic  of  a  fugi- 
tive from  the  justice  of  the  Republic  of  Panama  when  said  fugitive 
is  a  citizen  of  the  United  States.  The  discretion  hereby  reserved 
shall  be  exercised  by  the  Governor  of  the  Panama  Canal.  (July  5, 
1932,  ch.  419,  sec.  2,  47  Stat.  574  [U.S.  Code,  title  48,  sec.  1330b].) 

883.  Delay  in  delivery  of  person  under  accusation  or  sentence 
in  Canal  Zone. — If  the  person  whose  arrest  and  delivery  is  demanded 
should  be  accused  of,  or  under  sentence  for,  any  crime,  transgression 
or  offense  committed  in  the  Canal  Zone,  he  shall  not  be  delivered  to 
the  authorities  of  the  Republic  of  Panama  until  he  has  been  ac- 
quitted, pardoned,  or  undergone  his  sentence  pursuant  to  the  provi- 
sions of  the  laws  of  the  Canal  Zone.  (July  5,  1932,  ch.  419,  sec.  3, 
47  Stat.  574  [U.S.  Code,  title  48,  sec.  1330c].) 

884.  Prosecution  for  graver  offense  than  that  for  which  fugi- 
tive was  delivered. — If,  in  the  course  of  the  proceedings  in  the  courts 
of  the  Republic  of  Panama,  in  the  case  to  which  the  arrest  and  de- 
livery appertain,  it  should  appear  that  probable  cause  exists  for 
believing  the  delinquent  guilty  of  another  and  graver  offense  against 
the  laws  of  the  Republic  of  Panama  than  that  which  gave  rise  to  the 
request  for  his  apprehension  and  delivery,  the  Government  of  that 
Republic  may  prosecute  said  fugitive  for  such  other  offense  after 
notice  to  that  effect  to  the  Government  of  the  Canal  Zone.  (July  5, 
1932,  ch.  419,  sec.  4,  47  Stat.  574  [U.S.  Code,  title  48,  sec.  1330d].) 

885.  Requisites  of  demand  for  arrest  and  delivery  of  fugitive. — 

The  demand  for  the  arrest  and  delivery  of  a  fugitive  from  the  jus- 
tice of  the  Republic  of  Panama,  pursuant  to  the  terms  of  this  article, 


810 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  891 

will  be  complied  with  when  made  in  writing  and  signed  by  the 
Secretary  of  Foreign  Relations  of  the  Republic  of  Panama,  or  by  his 
direction,  and  presented  to  the  Governor  of  the  Panama  Canal.  If 
the  demand  is  for  a  condemned  and  fugitive  criminal,  it  must  be 
accompanied  by  a  duly  certified  copy  of  sentence  pronounced  by  a 
court  of  competent  jurisdiction,  and,  as  far  as  possible,  a  descrip- 
tion of  the  fugitive  sought  to  be  reclaimed.  (July  5,  1932,  c.  419, 
sec.  5,  47  Stat.  575  [U.S.  Code,  title  48,  sec.  1330e].) 

886.  Telegraphic  request  for  detention  in  case  of  urgency.— In 

case  of  urgency,  where  there  are  reasonable  grounds  for  fearing 
that  the  fugitive  may  avoid  apprehension,  his  detention  may  be 
asked  for  by  telegraph.  (July  5,  1932,  ch.  419,  sec.  6,  47  Stat.  575 
[U.S.  Code,  title  48,  sec.  1330f].) 

887.  Accomplishment  of  arrest  and  detention.— The  arrest  and 
detention  shall  be  accomplished  in  the  manner  and  by  the  officials 
prescribed  by  the  laws  of  the  Canal  Zone.  (July  5,  1932,  ch.  419, 
sec.  6,  47  Stat.  575  [U.S.  Code,  title  48,  sec.  1330f].) 

888.  Term  of  detention. — Detentions  authorized  by  this  article 
shall  not  continue  longer  than  fifteen  days,  during  which  the 
procedure  for  securing  the  delivery  of  said  fugitive  to  the  authorities 
of  the  Republic  of  Panama  shall  be  completed.  (July  5,  1932,  ch. 
419,  sec.  6,  47  Stat.  575  [U.S.  Code,  title  48,  sec.  1330f].) 

889.  Authority  of  agents  of  Panama  receiving  fugitive  in  Canal 
Zone. — For  the  purpose  of  accomplishing  the  delivery  of  the  fugitives 
apprehended  and  delivered  in  pursuance  of  this  article  the  Republic 
of  Panama  may  send  its  agent  or  agents  duly  authorized  to  receive 
said  fugitive  into  the  territory  of  the  Canal  Zone,  but  said  agent's 
action  and  authority  shall  be  limited  to  receiving  such  fugitive  at 
the  point  of  departure  for  return  to  the  Republic  of  Panama  and. 
at  the  moment  of  departure  and  thenceforth,  to  exercising  the  neces- 
sary vigilance  and  restraint  to  prevent  the  escape  of  the  person  in 
custody.  (July  5,  1932,  ch.  419.  sec.  7,  47  Stat.  575  [U.S.  Code,  title 
48,  sec.  1330g].) 

890.  Duty  of  Canal  Zone  authorities  to  facilitate  return  of 
fugitive. — It  is  hereby  made  the  duty  of  the  authorities  of  the  Canal 
Zone  on  the  line  of  transit  to  provide  the  persons  charged  with  the 
conveyance  of  such  fugitives  so  delivered  with  all  the  means  neces- 
sary to  prevent  escape  and  to  remove  all  unlawful  obstacles  that  may 
hinder  or  delay  the  return  of  such  fugitives  to  the  territory  of  the 
Republic  of  Panama.  (July  5,  1932,  ch.  419,  sec.  8,  47  Stat.  575 
[U.S.  Code,  title  48,  sec.  1330h].) 

891.  Delivery  of  objects  found  in  fugitive's  possession.— All 
papers  and  other  objects  found  in  the  possession  of  the  fugitive  at 
the  time  of  his  detention  that  refer  to  the  crime,  transgression  or 
offense  of  which  the  fugitive  is  accused  or  convicted  shall  be  delivered 
to  the  Government  of  the  Republic  of  Panama.  These  papers  and 
objects  must  be  restored  after  the  conclusion  of  the  case  if  there  are 
third  parties  who  assert  a  right  to  or  over  them.  The  authorities  of 
the  Government  of  the  Canal  Zone  may  provisionally  retain  said 
objects  and  papers  so  long  as  they  are  required  for  use  as  evidence 

817 


T.  6,  §  892] 


TEE  CODE  OF  CRIMINAL  PROCEDURE 


in  some  other  case  pending;  or  contemplated  in  the  courts  of  the 
Canal  Zone,  whether  such  case  be  related  or  not  to  the  case  wherein 
the  demand  for  the  apprehension  and  return  of  the  fugitive  origi- 
nated. (July  5,  1932,  ch.  419,  sec.  9,  47  Stat.  575  [U.S.  Code,  title 
48,  sec.  1330iJ.) 

892.  Expense  of  capture,  detention  and  transportation  of  fugi- 
tive.— The  expense  of  capture,  detention  and  transportation  of  a 
fugitive  from  the  justice  of  the  Republic  of  Panama,  shall  be  paid 
by  that  Republic ;  but  such  expenses  shall  not  include  compensation 
for  the  services  of  the  judiciary,  military  or  police  authorities  of  the 
Government  of  the  Canal  Zone.  (July  5,  1932,  ch.  419,  sec.  10,  47 
Stat.  575  [U.S.  Code,  title  48,  sec.  1330j].) 

CHAPTER  27.— PENAL  INSTITUTIONS 


Sec. 

904.  Transfer  of  prisoners  from  one  penal 

institution  to  anottier. 

905.  Bringing   prisoner   before   a   court. 


Sec. 

901.  Penitentiary  at  Gamboa. 

902.  Receipt   and   detention   of  convicts  at 

penitentiary. 
90.3.  Punishment  for  injury  to  prisoner  in 
penitentiary. 

Section  901.  Penitentiary  at  Gamboa. — The  prison  situated  at 
Gamboa  is  hereby  declared  to  be  a  penitentiary  of  and  for  the  Canal 
Zone. 

Ceoss-Referenoes 

Execution  of  judgments  of  conviction,  see  sections  511  to  533  of  this  title. 
Rescuing  of  prisoners,  escapes  from  prison,  and  aiding  and  assisting  therein, 
see  title  5,  sections  201  to  206. 

Pardons  and  reprieves,  see  title  2,  section  2:61. 

902.  Receipt  and  detention  of  convicts  at  penitentiary. — The 

warden  or  keeper  of  the  penitentiary  shall  receive,  imprison  and 
detain  all  persons  who  have  been  sentenced  to  imprisonment  therein 
by  the  district  court  or  by  other  courts  possessing  the  requisite  juris- 
diction or  by  other  competent  authority. 

903.  Punishment  for  injury  to  prisoner  in  penitentiary. — The 

person  of  a  convict  sentenced  to  imprisonment  in  the  penitentiary  is 
under  the  protection  of  the  law  and  any  injury  to  his  person  not 
authorized  by  law  is  punishable  in  the  same  manner  as  if  he  were 
not  convicted  or  sentenced. 

Cboss-Reference 
Willful  inhumanity  to  prisoner,  see  title  5,  section  177. 

904.  Transfer  of  prisoners  from  one  penal  institution  to  an- 
other.— Prisoners  may  be  transferred  from  one  penal  institution 
to  such  other  penal  institution  within  the  Canal  Zone  as  the  Governor 
of  the  Panama  Canal  may  designate  in  the  following  cases: 

a.  When  the  room  in  any  penal  institution  is  insufficient  for  the 
prisoners  confined  therein ;  or 

b.  When  the  Governor  determines,  in  the  cases  of  women  prison- 
ers or  prisoners  under  eighteen  years  of  age,  that  the  public  welfare 
will  best  be  subserved  by  imprisonment  elsewhere  than  at  Gamboa. 

This  transfer  shall  not,  however,  aggravate  or  affect  the  condition 
of  the  prisoners  in  any  way,  and  they  shall  serve  in  accordance  with 
their  sentences.    (Feb.  21,  1933,  ch.  110,  sec.  118  [447],  47  Stat.  901.) 

818 


THE  CODE  OF  CRIMINAL  PROCEDURE  [T.  6,  §  905 

905.  Bringing  prisoner  before  a  court. — When  it  is  necessary  to 
have  a  person  who  is  imprisoned  in  a  penal  institution  brought  be- 
fore a  court,  an  order  for  that  purpose  may  be  made  by  the  court 
and  executed  by  the  officer  of  the  court  where  it  is  made. 

CeOS8-REI<  EKENCE 

Where  mateiial  witness  is  prisoner,  see  section  661  of  this  title. 


819 


THE  JUDICIARY 


tT.  7,  §  3 


TITLE  7.— THE  JUDICIARY 


Ch.  Sec. 

1.  Magistrates' Courts - 1 

2.  District  Court 21 


Ch.                                                                           Sec. 
3.  Circuit  Court  of  Appeals,  Firth  Circuit 61 


Ceoss-Res'ebencb 

General  provisions  respecting  courts  of  justice,  see  title  4,  sections  19  to  34. 

CHAPTER  1.— MAGISTRATES'  COURTS 


Sec. 

1.  Establishment  of  magistrates'  courts. 
'2.  Jurisdiction  in  general. 
3.   Preliminary    hearings    in    charges    of    of- 
fenses beyond  jurisdiction. 


Sec. 

4.  Appointment,  term  and  compensation  of 
magistrates,  constables  and  other  em- 
ployees. 

5.  Oath    of    magistrates    and    constables. 

6.  Rules   governing   magistrates'    courts. 

7.  Appeals  to   district  court   authorized. 

Section  1.  Establishment  of  magistrates*  courts. — In  each  town 
established  under  the  provisions  of  section  4  of  title  2,  there  shall  be 
a  magistrate's  court.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564; 
Sept.  21, 1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16, 1933,  ch.  91,  sec.  1, 
47  Stat.  814  [U.S.  Code,  title  48,  sec.  1342].) 

2.  Jurisdiction  in  general. — A  magistrate's  court  shall  have  ex- 
clusive original  jurisdiction  coextensive  with  the  subdivision  in  which 
it  is  situated  of : 

a.  All  civil  actions  in  which  the  principal  sum  claimed  does  not 
exceed  $500; 

b.  All  criminal  actions  wherein  the  punishment  that  may  be  im- 
posed does  not  exceed  a  fine  of  $100,  or  imprisonment  for  thirty 
days,  or  both;  and 

c.  All  actions  involving  the  forcible  entry  and  detainer  of  real 
estate.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564;  Sept.  21,  1922, 
ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91,  sec.  1,  47  Stat.  814 
[U.S.  Code,  title  48,  sec.  1342].) 

Ceoss-Befkbences 

Powers  and  duties  of  magistrates  in  respect  to  criminal  proceedings,  see  title 
6,  sections  111  to  115. 

Trial  of  offenses  in  magistrates'  courts,  see  title  6,  sections  121  to  127. 

3.  Preliminary  hearings  in  charges  of  offenses  beyond  juris- 
diction.— The  magistrates'  courts  shall  hold  preliminary  hearings 
in  all  charges  of  felony  and  in  charges  of  misdemeanor  in  which  the 
punishment  that  may  be  imposed  is  beyond  the  jurisdiction  granted 
to  the  magistrates'  courts,  and  commit  or  bail  in  bailable  cases  to  the 
district  court ;  but  this  provision  shall  not  deprive  the  district  attorney 
of  the  right  to  present  an  information  to  the  district  court  after  a 
defendant  has  been  discharged  by  a  magistrate's  court.  (Aug.  24, 
1912,  ch.  390,  sec.  7,  37  Stat.  564;  Sept.  21,  1922,  ch.  370,  sec.  1,  42 
Stat.  1004;  Feb.  16, 1933,  ch.  91,  sec.  1,  47  Stat.  814  [U.S.  Code,  title 

48,  sec.  1342].) 

Cboss-Reterence 

Conduct  of  preliminary  hearings,  see  title  6,  sections  141  to  150. 


821 


T.  7,  §  4]  THE  JUDICIARY 

4.  Appointment,  term  and  compensation  of  magistrates,  con- 
stables and  other  employees. — A  sufficient  number  of  magistrates 
and  constables,  who  must  be  citizen,s  of  the  United  States,  and  other 
employees  necessary  to  conduct  the  business  of  such  courts,  shall  be 
appointed  by  the  President  or  by  his  authority  for  terms  of  four 
years  and  until  their  successors  are  appointed  and  qualified,  and  the 
compensation  of  such  persons  shall  be  fixed  by  the  President  or  by 
his  authority.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564;  Sept. 
21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91,  sec.  1, 
47  Stat.  814  [U.S.  Code,  title  48,  sec.  1342].) 

5.  Oath  of  magistrates  and  constables. — Before  assuming  office 
the  magistrate  and  constables  .shall  take  and  subscribe  an  oath  of 
office  before  a  notary  public  of  the  Canal  Zone  to  the  effect  that  they 
will  faithfully  and  impartially  discharge  the  duties  of  their  re- 
spective offices.  (Aug.  24,  1912,  ch.  390,  sec.  7,  37  Stat.  564 ;  Sept. 
21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004;  Feb.  16,  1933,  ch.  91,  sec.  1, 
47  Stat.  814  [U.S.  Code,  title  48,  sec.  1342].) 

6.  Rules  governing  magistrates'  courts. — Eules  shall  be  estab- 
lished by  order  of  the  President  governing  magistrates'  courts  and 
prescribing : 

a.  The  duties  of  magistrates  and  constables ; 

b.  Oaths  and  bonds; 

c.  The  times  and  places  of  holding  magistrates'  courts;  and 

d.  The  disposition  of  fines,  costs  and  forfeitures.  (Aug.  24,  1912, 
ch.  390,  sec.  7,  37  Stat.  564;  Sept.  21,  1922,  ch.  370,  sec.  1,  42  Stat. 
1004:  Feb.  16,  1933,  ch.  91,  sec.  1,  47  Stat.  814  [U.S.  Code,  title  48, 
sec.  1342].) 

Cross-references 

Constables  as  peace  officers,  see  title  6,  section  84. 

Powers  and  duties  of  magistrates  iu  relation  to  ci'iminal  proceedings,  in  gen- 
eral, see  title  6,  sections  111  to  115. 

7.  Appeals  to  district  court  authorized. — Appeals  from  the 
judgments  and  rulings  of  the  magistrates'  courts  to  the  district  court 
are  authorized  in  all  civil  and  criminal  cases.  (Aug.  24,  1912,  ch. 
390,  sec.  7,  37  Stat.  564;  Sept.  21,  1922,  ch.  370,  sec.  1,  42  Stat.  1004; 
Feb.  16,  1933,  ch.  91,  sec.  1,  47  Stat.  814  [U.S.  Code,  title  48,  sec. 
1343].) 

Cross-References 

Appeals  in  civil  cases,  see  title  4,  sections  881  to  891. 
Appeals  iu  criminal  cases,  see  title  6,  sections  131  to  135. 


822 


THE  JUDICIARY 


[T.  7,  §  23 


CHAPTER  2.— DISTRICT  COURT 


25. 

2G. 


27. 


Sec. 

33.  Jury  trial. 

34.  Selection,    summoning    and    serving    of 

jurors. 

35.  Compensation  of  jurors. 

36.  Clerk     of     court ;     d<  puty     clerks     and 

clerical  assistants. 

37.  District   attorney. 

:;S.  Uuties  of  district  attorney  generally. 

39.  Assistant  district  attorneys  ;  clerks  and 

other  employees. 

40.  Marshal  and  deputy  marshals. 

41.  Powers  and  duties  of  marshal  generally. 

42.  Appointment,  term,  leave  and  residence 

of  district  judge,   attorney   and  mar- 
shal. 

43.  Public  defender. 


Sec. 

21.  Establishment    and    designation    of    dis- 

trict  court. 

22.  Divisions  of  district  court. 

23.  Jurisdiction    of    district    court,    in    gen- 

eral. 

24.  Law    and    equity    jurisdiction   need    not 
be  separately  exercised. 

Admiralty     jurisdiction,     practice     and 

procedure. 
Juiisdiction,   practice  and   procedure  in 

cases   of  offenses  on   high   seas. 
Rules  of  district  court. 

28.  Terms  of  district  court. 

29.  District  judge ;  special  district  judge. 

30.  Compensation  of  district  judge. 

31.  Authority    of    district    judge    to    mak»» 

certain  orders  when  absent. 

32.  Communication  of  such  orders  to  clerk 

by  mail  and  by  radio  or  other  means. 

Section  21.  Establishment  and  designation  of  district  court. — 

There  shall  be  in  the  Canal  Zone  one  district  court,  to  be  known 
and  designated  as  the  United  States  District  Court  for  the  District 
of  the  Canal  Zone.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept. 
21.  1922,  ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933,  ch.  91,  sec.  2, 
47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344].) 

Cross-Reteeences 

Seal  of  district  court,  see  title  4,  section  24. 

District  court  dockets,  see  title  4,  section  26 ;  and  title  6,  section  841. 

22.  Divisions  of  district  court. — There  shall  be  two  divisions  of 
the  district  court,  one  including  Balboa  and  the  other  including 
Cristobal,  and  the  boundaries  of  the  divisions  shall  be  determined  bv 
the  President.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565;  Sept. 
21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec.  2, 
47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344].) 

23.  Jurisdiction  of  district  court,  in  general. — The  district  court 
shall  have  jurisdiction  of : 

a.  All  criminal  actions  wherein  punishment  that  may  be  imposed 
exceeds  a  fine  of  $100  or  thirty  days'  imprisonment  or  both; 

b.  All  cases  in  equity; 

c.  All  cases  in  admiralty; 

d.  All  actions  for  divorce  and  annulment  of  marriage ; 

e.  All  actions  at  law  involving  principal  sums  exceeding  $500; 

f.  All  appeals  from  judgments  rendered  in  the  magistrates'  courts; 

g.  All  actions  and  proceedings  involving  laws  of  the  United  States 
applicable  to  the  Canal  Zone;  and 

h.  All  other  matters  and  proceedings  wherein  jurisdiction  is  con- 
ferred by  the  codes  of  law  and  procedure  of  the  Canal  Zone.  (Aug. 
24,  1912.  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  2, 
42  Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code, 
title  48,  sec.  1345].) 

Cross-Refejrences 

Jurisdiction  of  actions  for  injuries  to  vesols  or  passengers  in  passing  through 
locks,  see  title  2,  section  10. 

Jusisdiction  to  compel  attendance  of  witnesses  and  production  of  papers 
before  Canal  officers,  see  title  2,  section  43. 


823 


T.  7,  §  24]  THE  JUDICIARY 

Jurisdiction  of  actions  for  recovery  of  certain  fines  under  vessel  inspection 
laws,  see  title  2,  section  156. 

Jurisdiction  of  recovery  of  fines  under  law  relative  to  radio  equipment  on 
certain  vessels,  see  title  2,  section  362. 

Jurisdiction  in  cases  arising  under  patent,  trade  mark  and  copyright  laws,  see 
title  3,  section  391. 

24.  Law  and  equity  jurisdiction  need  not  be  separately  exer- 
cised.— It  shall  not  be  necessary  in  the  district  court  to  exercise  sep- 
arately the  law  and  equity  jurisdiction  vested  in  that  court.  (Aug. 
24.  1912,  ch.  390,  sec.  9,  37  Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  3,  42 
Stat.  1006;  Feb.  16,  1933,  ch.  91,  sec.  3,  47  Stat.  817  [U.S.  Code,  title 
48,  sec.  1356].) 

Cross-Reference 

One  form  of  civil  action  only,  see  title  4,  section  71. 

25.  Admiralty  jurisdiction,  practice  and  procedure. — The  juris- 
diction in  admiralty  conferred  upon  the  district  court  and  the  dis- 
trict judge  shall  be  the  same  as  is  exercised  by  the  United  States 
district  courts  and  the  United  States  district  judges,  and  the  prac- 
tice and  procedure  shall  be  the  same  as  in  the  United  States  district 
courts.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept.  21,  1922, 
ch.  370,  sec.  2,  42  Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815 
[U.S.  Code,  title  48,  sec.  1345].) 

26.  Jurisdiction,  practice  and  procedure  in  cases  of  offenses  on 
high  seas. — In  addition  to  the  jurisdiction  specifically  conferred  on 
it  by  certain  Acts  of  Congress,  the  district  court  shall  have  jurisdic- 
tion of  offenses  under  the  criminal  laws  of  the  United  States  when 
such  offenses  are  committed  upon  the  high  seas  beyond  the  territorial 
limits  of  the  Canal  Zone,  on  vessels  belonging  in  whole  or  in  part  to 
the  United  States,  or  any  citizen  thereof  or  anv  corporation  created 
by  or  under  the  laws  of  the  United  States  or  ot  any  State,  Territory 
or  District  thereof,  and  the  offenders  are  found  in  the  Canal  Zone  or 
are  brought  into  the  Canal  Zone  after  the  commission  of  the  offense; 

But  this  provision  shall  not  be  construed  to  deprive  the  district 
courts  of  the  United  States  of  any  jurisdiction  now  provided  by  law. 

The  procedure  and  practice  in  such  actions  shall  be  the  same  as  in 
other  criminal  actions  tried  under  the  laws  of  the  Canal  Zone.  (Aug. 
24,  1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  2, 
42  Stat.  1005 ;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.  S.  Code, 
title  48,  sec.  1346].) 

CROS  S-R  EFERENCES 

Laws  of  tlie  United  States  relative  to  offenses  on  high  seas,  see  U.S.  Code, 
title  18,  sections  451  to  467  and  481  to  502  (appendix,  p.  938). 
Jurisdiction  specifically  conferred  by  acts  of  Congress: 

Offen.ses  in  respect  to  injuries  to  fortifications,  see  U.S.  Code,  title  18, 
section  96  (appendix,  p.  905). 

Offenses  under  the  Espionage  Act,  see  U.S.  Code,  title  18,  sections  39  and 
574,  and  title  50,  section  39  (appendix,  pp.  904.  947.  1012). 

Offen.ses  under  the  White  Slave  Traffic  Act,  see  U.S.  Code,  title  18,  section 
401   (appendix,  p.  936). 

27.  Rules  of  district  court. — The  rules  of  the  district  court  shall 
be  prescribed  by  the  district  judge.     (Aug.  24,  1912,  ch.  390,  sec.  8, 

824 


THE  JUDICIARY  [T.  7,  §  32 

37  Stat.  565 ;  Sept.  21, 1922,  ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16, 1933, 
ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344].) 

28.  Terms  of  district  court. — Terms  of  the  district  court  shall 
be  held  in  the  Balboa  and  Cristobal  divisions  at  such  times  as  the 
judge  may  designate  by  order.  (Aug.  24, 1912,  ch.  390,  sec.  8,  37  Stat. 
565 ;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933,  ch. 
91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344].) 

29.  District  judge;  special  district  judge. — There  shall  be  one 
district  judge  of  the  district;  but  the  President  may  appoint  a  special 
district  judge,  to  act  when  necessary: 

a.  During  the  absence  of  the  district  judge  from  the  Canal  Zone; 
or 

b.  During  any  period  of  disability  or  disqualification  from  sickness 
or  otherwise  to  discharge  his  duties. 

The  special  district  judge  shall  receive  the  same  rate  of  compensa- 
tion and  the  same  mileage  and  per  diem  as  is  paid  to  the  district 
judge.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565;  Sept.  21,  1922, 
ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815 
[U.S.  Code,  title  48,  sees.  1344,  1350].) 

Cross-Reference 

Disqualification  of  judges,  see  title  4,  section  28. 

30.  Compensation  of  district  judge. — The  district  judge  shall 
receive  the  same  salary  as  is  allowed  to  United  States  district  judges 
and  when  holding  court  away  from  home  shall  be  allowed  the  same 
mileage  and  per  diem  as  is  allowed  to  United  States  district  judges. 
(Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept.  21,  1922,  ch.  370, 
sec.  2,  42  Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S. 
Code,  title  48,  sec.  1348].) 

31.  Authority  of  district  judge  to  make  certain  orders  when 
absent. — When  no  special  judge  has  been  appointed  and  the  dis- 
trict judge  is  absent  from  the  Canal  Zone  and  is  in  the  United  States 
or  any  of  its  Territories  or  possessions,  he  may  make  in  the  place 
where  he  is  any  orders  which  could  have  been  made  in  chambers  on 
the  Canal  Zone  and  w^hich  in  his  discretion  may  be  necessary,  and 
orders  so  made  shall  have  the  same  force  and  effect  as  though  made 
in  chambers  on  the  Canal  Zone.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37 
Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933, 
ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344a].) 

32.  Communication  of  such  orders  to  clerk  by  mail  and  by 
radio  or  other  means. — Whenever  an  order  is  made  as  provided  in 
the  next  preceding  section  the  judge  shall  forward  it  to  the  clerk 
of  the  court  by  mail  and  shall  also  communicate  its  substance  to  the 
clerk  by  radio  or  other  means.  Upon  the  receipt  of  the  message  the 
clerk  shall  proceed  to  have  the  order  carried  into  effect  as  fully  as 
though  the  proceedings  were  had  on  a  written  order  made  by  the 
judge  in  chambers. 

The  judge  shall  make  such  rules  respecting  such  radio  procedure, 
including  the  fixing  and  payment  of  the  cost  thereof,  as  may  in  his 

93083—34 53  825 


T.  7,  §  33]  THE  JUDICIARY 

discretion  be  necessary.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565; 
Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec. 
2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1344a].) 

33.  Jury  trial. — A  jury  shall  be  had  in  any  civil  or  criminal  case 
originating  in  the  district  court,  on  the  demand  of  either  party, 
subject  to  such  limitations  as  may  be  contained  in  any  codes  enacted 
for  the  Canal  Zone.  (Aug.  24, 1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept. 
21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005;  Dec.  29,  1926,  ch.  19,  sec.  1,  44 
Stat.  924;  Feb.  16, 1933,  ch.  91,  sec.  2, 47  Stat.  815  [U.S.  Code,  title  48, 
sec.  1347].) 

Cboss-Eeferences 

Right  to  jury  trial,  see  also  title  4,  section  441 ;  and  title  6,  section  302. 
Number  of  jurors,  see  title  6,  section  303. 

P^ormation  of  jury,  see  title  4,  sections  451  to  454 ;  and  title  6,  sections  331 
to  357. 

34.  Selection,  summoning  and  serving  of  jurors. — The  district 
judge  shall  provide  for  the  selection,  summoning  and  serving  of 
jurors  from  among  the  citizens  of  the  United  States  subject  to  jury 
duty  to  serve  in  the  division  of  the  district  in  which  such  jurors 
reside.  Any  citizen  of  the  United  States  who  is  employed  by  the 
Panama  Canal  or  the  Panama  Railroad  Company  within  the  Canal 
Zone,  and  who  resides  in  a  residence  owned  by  the  Panama  Canal  or 
Panama  Railroad  Company  in  territory  contiguous  to  the  Canal  Zone 
shall  for  the  purpose  of  this  section  be  deemed  to  reside  in  the 
division  nearest  his  place  of  residence.  (Aug.  24,  1912,  ch.  390,  sec 
8,  37  Stat.  565;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat..  1005;  Dec.  29, 
1926,  ch.  19,  sec.  1,  44  Stat.  924;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat. 
815  [U.S.  Code,  title  48,  sec.  1347].) 

35.  Compensation  of  jurors. — Jurors  who  are  employed  by  the 
Panama  Canal  or  the  Panama  Railroad  Company  shall  receive  their 
full  pay  for  time  attending  court  and  shall  not  receive  any  compen- 
sation from  the  court  for  their  attendance  as  jurors.  Any  juror  who 
is  not  an  employee  of  the  Panama  Canal  or  the  Panama  Railroad 
Company  shall  be  allowed  a  jury  fee  of  $5  per  diem  during  the  time 
of  his  attendance.  (Aug.  24  1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept. 
21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005;  Dec.  29,  1926,  ch.  19,  sec.  1, 
44  Stat.  924;  Feb.  16, 1933,  ch.  91,  sec  2,  47  Stat.  815  [U.S.  Code,  title 
48,  sec.  1347].) 

36.  Clerk  of  court;  deputy  clerks  and  clerical  assistants. — The 

district  judge  shall  appoint  the  clerk  of  the  district  court  and  the 
President  may  authorize  the  appointment  of  such  deputy  clerk  or 
deputy  clerks  and  clerical  assistants  to  the  judge  and  the  clerk  as  he 
shall  deem  necessary.  All  of  such  officers  and  employees  shall  receive 
such  compensation  as  the  President  shall  prescribe.  (Aug.  24,  1912, 
ch.  390,  sec.  8,  37  Stat.  565;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat. 
1005,  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48, 
sec.  1349].) 

Ceoss-Reitbencbs 

Clerk  as  ex  officio  registrar  of  property,  see  title  4,  section  9C7. 
Duties  of  clerk  in  general,  see  title  6,  sections  841  to  843. 

826 


THE   JUDICIARY  [T.  7,  §  42 

37.  District  attorney.— There  shall  be  a  district  attorney  for  the 
Canal  Zone,  whose  compensation  shall  be  fixed  by  the  President. 
(Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565;  Sept.  21,  1922,  ch.  370, 
sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S. 
Code,  title  48,  sec.  1351].) 

38.  Duties  of  district  attorney  generally.— The  district  attorney 
shall : 

a.  Conduct  all  legal  proceedings,  civil  and  criminal,  for  the 
Government  of  the  United  States  and  for  the  Government  of  the 
Canal  Zone;  and 

b.  Advise  the  Governor  of  the  Panama  Canal,  upon  request  of  the 
latter,  on  matters  pertaining  to  the  office  of  Governor.  (Aug.  24, 
1912,  ch.  390,  sec.  8,  37  Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  2,  42 
Stat.  1005;  Feb.  16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title 
48,  sec.  1351].) 

Cross-Reiferencb 

Duties  of  district  attorney  in  relation  to  offenses  under  tlie  Espionagf^  Act, 
see  U.S.  Code,  title  18,  section  574;  and  title  50,  section  39  (appendix,  pp.  947, 
1012). 

39.  Assistant  district  attorneys;  clerks  and  other  employees.— 

The  district  attorney  shall  be  allowed  such  assistant  district  attor- 
neys, clerks,  and  other  employees  as  the  President  may  authorize,  and 
all  of  such  officers  and  employees  shall  receive  such  compensation  as 
the  President  shall  prescribe.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37 
Stat.  565 ;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005 ;  Feb.  16,  1933, 
oh.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1351].) 

40.  Marshal  and  deputy  marshals. — There  shall  be  a  marshal  of 
the  district  whose  compensation  shall  be  fixed  by  the  President.  The 
marshal  shall  be  allowed  such  deputy  marshals  as  the  President  may 
authorize,  and  such  deputies  shall  receive  such  compensation  as  the 
President  shall  prescribe.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat. 
565;  Sept.  21,  1922,  ch.  370,  sec.  2,  42  Stat.  1005;  Feb.  16,  1933,  ch.  91, 
sec.  2,  47  Stat.  815  [U.S.  Code,  title  48,  sec.  1352].) 

41.  Powers  and  duties  of  marshal  generally. — The  marshal 
shall: 

a.  Attend  the  district  court  when  sitting  and  execute  throughout 
the  district  all  lawful  precepts  directed  to  him  and  issued  under 
the  authority  of  the  United  States  or  of  the  Government  of  the 
Canal  Zone,  except  process  returnable  to  the  magistrates'  courts ;  and 

b.  Perform  such  other  duties,  not  inconsistent  with  law,  as  may  be 
prescribed  from  time  to  time  by  the  President. 

The  marshal  may  command  all  necessary  assistance  in  the  execu- 
tion of  his  duty.  (Aug.  24,  1912,  ch.  390,  sec.  8,  37  Stat.  565;  Sept. 
21,  1922,  ch.  370.  sec.  2.  42  Stat.  1005 ;  Feb.  16,  1933,  ch.  91,  sec.  2.  47 
Stat.  815  [U.S.  Code,  title  48,  sec.  1352].) 

42.  Appointment,  term,  leave  and  residence  of  district  judge, 
attorney  and  marshal. — The  district  judge,  district  attorney  and 
marshal  shall: 

a.  Be  appointed  by  the  President  by  and  with  the  advice  and  con- 
sent of  the  Senate,  for  terms  of  four  years  each; 

827 


T.  7,  §  43]  THE  JUDICIARY 

b.  Continue  to  discharge  the  duties  of  their  respective  officers, 
unless  sooner  removed  by  the  President,  until  their  successors  are 
appointed  and  qualify  in  their  stead ; 

c.  Be  allowed  sixty  days'  leave  of  absence  each  year,  with  pay, 
under  such  regulations  as  the  President  may  from  time  to  time 
prescribe;  and 

d.  Reside  within  the  Canal  Zone  during  their  terms  of  office. 
(Aug.  24,  1912,  ch.  390,  sec.  8.,  37  Stat.  565;  Sept.  21.  1922,  ch.  370, 
sec.  2,  42  Stat.  1005;  Dec.  29,  1926,  ch.  19,  sec.  2,  44  Stat.  924;  Feb. 
16,  1933,  ch.  91,  sec.  2,  47  Stat.  815  [U.S.  Code,  title  48;  sec.  1353].) 

43.  Public  defender. — The  Governor  of  the  Panama  Canal  shall 
appoint  a  duly  qualified  member  of  the  bar  of  the  Canal  Zone  as  a 
public  defender,  whose  duty  it  shall  be  to  represent,  in  the  district 
court,  any  person  charged  with  the  commission  of  a  crime  within 
the  original  jurisdiction  of  that  court  who  is  unable  to  employ 
counsel  for  his  defense.  The  public  defender  shall  receive  a  salary- 
of  $1,200  per  year,  together  with  such  of  the  privileges  of  a  Canal 
Zone  employee  as  the  Governor  may  grant.  (July  5,  1932,  ch.  426, 
sees.  1  and  2.  47  Stat.  578.) 

CHAPTER  3.— CIRCUIT  COURT  OF  APPEALS,  FIFTH  CIRCUIT 

Sec.  I   Sec. 

Gl.  Appellate  jurisdiction.  I  G'2.  Appellate  practice  and  procedure. 

Section  61.  Appellate  jurisdiction. — The  United  States  Circuit 
Court  of  Appeals  for  the  Fifth  Circuit  shall  have  jurisdiction,  in  all 
cases  within  the  original  trial  jurisdiction  of  the  district  court : 

a.  To  review,  revise,  modify,  reverse  or  affirm  the  final  judgments 
and  decrees  of  the  district  court,  and  to  render  such  judgments  as  in 
the  opinion  of  the  said  appellate  court  should  have  been  rendered  by 
the  trial  court ;  and 

b.  To  review  the  interlocutory  orders  or  decrees  of  the  district 
court  which  are  specified  in  section  129  of  the  United  States  Judicial 
Code  (U.S.  Code,  title  28,  sec.  227).  (Aug.  24,  1912,  ch.  390,  sec.  9, 
37  Stat.  565;  Sept.  21,  1922,  ch.  370.  sec.  3,  42  Stat.  1006;  Feb.  16. 
1933,  ch.  91,  sec.  3,  47  Stat.  817  [U.S.  Code,  title  48,  sec.  1356]; 
Apr.  11,  1928,  ch.  354,  sec.  1,  45  Stat.  422  [U.S.  Code,  title  28, 
sec.  225].) 

Cboss-Keference 

Appellate  jurisdiction,  see  also  U.S.  Code,  title  28,  section  225  (appendix, 
p.  »S2). 

62.  Appellate  practice  and  procedure. — Such  appellate  jurisdic- 
tion, subject  to  the  right  of  review  by  the  Supreme  Court  of  the 
United  States  as  in  other  cases  authorized  by  law,  may  be  exercised 
by  the  Circuit  Court  of  Appeals  in  the  same  manner,  under  the  same 
regulations,  and  by  the  same  procedure  as  nearly  as  practicable  as  is 
done  in  reviewing  the  final  judgments  and  decrees  of  the  district 
courts  of  the  United  States.  (Aug.  24,  1912,  ch.  390,  sec.  9,  37  Stat. 
565;  Sept.  21,  1922,  ch.  370,  sec.  3,  42  Stat.  1006;  Feb.  16,  1933,  ch.  91. 
sec.  3,  47  Stat.  817  [U.S.  Code,  title  48,  sec.  1356].) 


828 


THE  JUDICIARY  [T.  7,  §  62 

(jR()SS-KEl"Kl!KNt'K 

Power  of  Supreme  Court  to  prescribe  rules  of  practice  aud  procedure  with 
respect  to  proceo«lin<.'s  after  verdict  in  criminal  cases,  see  U.S.  Code,  title  28, 
section  723a  (appendix,  p.  983). 

Time  for  applicaticm  for  appeal,  see  U.S.  Code,  title  28,  section  230  (appendix, 
p.  983). 

Allowance  of  appeals,  see  U.S.  Code,  title  28,  section  228  (appendix,  p.  983). 

Approved,  June  19,  1934. 


829 


APPENDIX 


CONTAINING  CERTAIN  TREATIES  AND  GENERAL  LAWS 
OF  THE  UNITED  STATES  APPLICABLE  IN  OR  RELAT- 
ING TO  THE  CANAL  ZONE  OR  THE  PANAMA  CANAL 


CONTENTS 

Page 

Treaties  and  conventions 833 

General  laws  of  the  United  States 869 


832 


TREATIES:  GREAT  BRITAIN— 1850 


TREATIES,  CONVENTIONS  AND  PROTOCOLS  RELATING 
TO  THE  CANAL  ZONE  OR  THE  PANAMA  CANAL 


Page 

Protocol  of  an  agreement  with  Panama  relat- 
ing to  neutrality,  October  10,  1914 855 

Convention  with  Panama  for  the  settlement 
of  claims,  July  28,  1926 856 

Convention  with  Panama  regulating  transit 
of  alcoholic  liquors  through  the  Canal  Zone, 
March  14,  1932 

Convention  with  Panama  modifying  claims 
convention  of  July  28,  1926,  December  17, 
1932 


862 


861 


Page 
Convention   with   Great   Britain  as   to  ship 

canal    connecting     Atlantic    and     Pacific 

Oceans,  April  19,  1850 833 

Treaty  with  Great  Britain  to  facilitate  the 

construction  of  a  ship  canal,  November  18, 

1901 837 

Convention  with  Panama  for  the  construction 

of  a  ship  canal,  November  18,  1903 839 

Treaty  with  Colombia  for  the  settlement  of 

differences,  April  6, 1914  (including  protocol 

of  exchange,  March  1,  1922).. 864 

Convention  with  Panama  defining  the  bound- 
ary line  of  the  Canal  Zone,  September  2, 

1914 848 

GREAT  BRITAIN— 1850 
CONVENTION  AS  TO  SHIP  CANAL  CONNECTING  ATLANTIC  AND  PACIFIC  OCEANS  » 

( Clayton-Bxilweb  Treaty) 

Concluded  April  19, 1850;  ratification  advised  hy  the  Senate  May  22, 
1850;  ratified  hy  the  President  May  23,  1850;  ratifications  ex- 
changed July  4, 1850;  proclaimed  Jtdy  5,  1850 

ARTICLES 


V.  Guarantee  of  neutrality. 
VI.  Cooperation  of  other  States. 
VII.  Mutual  encouragement  to  speedy  con- 
struction. 
VIII.  Protection   to  other   communications. 
IX.   Ratification. 


I.  Declaration    as    to    control    of   canal, 
occupation   of  territory,   and  com- 
mercial advantages. 
II.  Neutrality  of  canal  in  case  of  war. 

III.  Protection  of  construction. 

IV.  Mutual    influence    to    facilitate    con- 

struction. 

The  United  States  of  America  and  Her  Britannic  Majesty,  being 
desirous  of  consolidating  the  relations  of  amity  which  so  happily 
subsist  between  them  by  setting  forth  and  fixing  in  a  Convention 
their  views  and  intentions  with  reference  to  any  means  of  communi- 
cation by  ship  canal  which  may  be  constructed  between  the  Atlantic 
and  Pacific  Oceans  by  the  way  of  the  River  San  Juan  de  Nicaragua 
and  either  or  both  of  the  Lakes  of  Nicaragua  or  Managua,  to  any 
port  or  place  on  the  Pacific  Ocean,  the  President  of  the  United  States 
has  conferred  full  powers  on  John  M.  Clayton,  Secretary  of  State  of 
the  United  States,  and  Her  Britannic  Majesty  on  the  Right  Honor- 
able Sir  Henry  Lytton  Bulwer,  a  member  of  Her  Majesty's  Most 
Honorable  Privy  Council,  Knight  Commander  of  the  Most  Honor- 
able Order  of  the  Bath,  and  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  Her  Britannic  Majesty  to  the  United  States,  for 
the  aforesaid  purpose;  and  the  said  Plenipotentiaries,  having  ex- 
changed their  full  powere,  which  were  found  to  be  in  proper  lorm, 
have  agreed  to  the  following  articles : 

Article  I. 

The  Governments  of  the  United  States  and  Great  Britain  hereby 
declare  that  neither  the  one  nor  the  other  will  ever  obtain  or  main- 


*  This  Convention  is  superseded  by  the  Hay-Pauncefote  Treaty,  p.   837. 


83S 


TREATIES:  GREAT  BRITAIN— 1850 

tain  for  itself  any  exclusive  control  over  the  said  ship  canal ;  agreeing 
that  neither  will  ever  erect  or  maintain  any  fortifications  command- 
ing the  same,  or  in  the  vicinity  thereof,  or  occupy,  or  fortify,  or 
colonize,  or  assume  or  exercise  any  dominion  over  Nicaragua,  Costa 
Rica,  the  Mosquito  coast,  or  any  part  of  Central  America;  nor  will 
either  make  use  of  any  protection  which  either  affords  or  may  afford, 
or  any  alliance  which  either  has  or  may  have  to  or  with  any  State 
or  people  for  the  purpose  of  erecting  or  maintaining  any  such  fortifi- 
cations, or  of  occupying,  fortifying,  or  colonizing  Nicaragua,  Costa 
Rica,  the  Mosquito  coast,  or  any  part  of  Central  America,  or  of  as- 
suming or  exercising  dominion  over  the  same;  nor  will  the  United 
States  or  Great  Britain  take  advantage  of  any  intimacy,  or  use  any 
alliance,  connection,  or  influence  that  either  may  possess,  with  any 
State  or  Government  through  whose  territory  the  said  canal  may 
pass,  for  the  purpose  of  acquiring  or  holding,  directly  or  indirectly, 
for  the  citizens  or  subjects  of  the  one  any  rights  or  advantages  in 
regard  to  commerce  or  navigation  through  the  said  canal  which  shall 
not  be  offered  on  the  same  terms  to  the  citizens  or  subjects  of 
the  other. 

Article  II. 

Vessels  of  the  United  States  or  Great  Britain  traversing  the  said 
canal  shall,  in  case  of  war  between  the  contracting  parties,  be  ex- 
empted from  blockade,  detention,  or  capture,  by  either  of  the  bel- 
ligerents ;  and  this  provision  shall  extend  to  such  a  distance  from  the 
two  ends  of  the  said  canal  as  may  hereafter  be  found  expedient 
to  establish. 

Article  III. 

In  order  to  secure  the  construction  of  the  said  canal,  the  contract- 
ing parties  engage  that,  if  any  such  canal  shall  be  undertaken  upon 
fair  and  equitable  terms  by  any  parties  having  the  authority  of  the 
local  government  or  governments  through  whose  territory  the  same 
may  pas-s,  then  the  persons  employed  in  making  the  said  canal  and 
their  property  used  or  to  be  used  for  that  object,  shall  be  protected, 
from  the  commencement  of  the  said  canal  to  its  completion,  by  the 
Governments  of  the  United  States  and  Great  Britain,  from  unjust 
detention,  confiscation,  seizure,  or  any  violence  whatsoever. 

Article  IV. 

The  contracting  parties  will  use  whatever  influence  they  respec- 
tively exercise  with  any  State,  States,  or  Governments  possessing,  or 
claiming  to  possess,  any  jurisdiction  or  right  over  the  territory 
which  the  said  canal  shall  traverse,  or  which  shall  be  near  the  waters 
applicable  thereto,  in  order  to  induce  such  States  or  Governments  to 
facilitate  the  construction  of  the  said  canal  by  every  means  in  their 
power;  and,  furthermore,  the  United  States  and  Great  Britain  agree 
to  use  their  good  offices,  wherever  or  however  it  may  be  most  expe- 
dient, in  order  to  procure  the  establishment  of  two  free  ports,  one 
at  each  end  of  the  said  canal. 

834 


TREATIES:  GREAT  BRITAIN— 1850 

Article  V. 

The  contracting  parties  further  engage  that  when  the  said  canal 
shall  have  been  completed  they  will  protect  it  from  interruption, 
seizure,  or  unjust  confiscation,  and  that  they  will  guarantee  the  neu- 
trality thereof,  so  that  the  said  canal  may  forever  be  open  and  tree, 
and  the  capital  invested  therein  secure.  Nevertheless,  the  Govern- 
ments of  the  United  States  and  Great  Britain,  in  according  then- 
protection  to  the  construction  of  the  said  canal,  and  guaranteeing 
its  neutrality  and  security  when  completed,  always  understand  that 
this  protection  and  guarantee  are  granted  conditionally,  and  may  be 
withdrawn  by  both  Governments,  or  either  Government,  if  both 
Governments  or  either  Government  should  deem  that  the  persons 
or  company  undertaking  or  managing  the  same  adopt  or  establish 
such  regulations  concerning  the  traffic  thereupon  as  are  contrary 
to  the  spirit  and  intention  of  this  convention,  either  by  making 
unfair  discriminations  in  favor  of  the  commerce  of  one  of  the  con- 
tracting parties  over  the  commerce  of  the  other,  or  by  imposing 
oppressive  exactions  or  unreasonable  tolls  upon  passengers,  vessels, 
goods,  wares,  merchandise,  or  other  articles.  Neither  party,  how- 
ever, shall  withdraw  the  aforesaid  protection  and  guarantee  without 
first  giving  six  months'  notice  to  the  other. 

Article  VI. 

The  contracting  parties  in  this  convention  engage  to  invite  every 
State  with  which  both  or  either  have  friendly  intercourse  to  enter 
into  stipulations  with  them  similar  to  those  which  they  have  entered 
into  with  each  other,  to  the  end  that  all  other  States  may  share  in  the 
honor  and  advantage  of  having  contributed  to  a  work  of  such  general 
interest  and  importance  as  the  canal  herein  contemplated.  And 
the  contracting  parties  likewise  agree  that  each  shall  enter  into 
treaty  stipulations  with  such  of  the  Central  American  States  as 
they  may  deem  advisable  for  the  purpose  of  more  effectually  car- 
rying out  the  great  design  of  this  convention,  namely,  that  of 
constructing  and  maintaining  the  said  canal  as  a  ship  communica- 
tion between  the  two  oceans,  for  the  benefit  of  mankind,  on  equal 
terms  to  all,  and  of  protecting  the  same ;  and  they  also  agree  that  the 
good  offices  of  either  shall  be  employed,  when  requested  by  the 
other,  in  aiding  and  assisting  the  negotiation  of  such  treaty  stipu- 
lations; and  should  any  differences  arise  as  to  right  or  property 
over  the  territory  through  which  the  said  canal  shall  pass,  between 
the  States  or  Governments  of  Central  America,  and  such  differences 
should  in  any  way  impede  or  obstruct  the  execution  of  the  said 
canal,  the  Governments  of  the  United  States  and  Great  Britain  will 
use  their  good  offices  to  settle  such  differences  in  the  manner  best 
suited  to  promote  the  interests  of  the  said  canal,  and  to  strengthen 
the  bonds  of  friendship  and  alliance  which  exist  between  the  con- 
tracting parties. 

Article  VII. 

It  being  desirable  that  no  time  should  be  unnecessarily  lost  in 
commencing  and  constructing  the  said  canal,  the  Governments  of 

835 


TREATIES:  GREAT  BRITAIN— 1850 

the  United  States  and  Great  Britain  determine  to  give  their  sup- 
port and  encouragement  to  such  persons  or  compan}'  as  may  first 
offer  to  commence  the  same,  with  the  necessary  capital,  the  consent 
of  the  local  authorities,  and  on  such  principles  as  accord  with  the 
spirit  and  intention  of  this  convention ;  and  if  any  persons  or  com- 
pany should  already  have,  with  any  State  through  which  the  pro- 
posed ship  canal  may  pass,  a  contract  for  the  construction  of  such 
a.  canal  as  that  specified  in  this  convention,  to  the  stipulations  of 
which  contract  neither  of  the  contracting  parties  in  this  convention 
have  any  just  cause  to  object,  and  the  said  persons  or  company 
shall,  moreover,  have  made  preparations  and  expended  time,  money, 
and  trouble  on  the  faith  of  such  contract,  it  is  hereby  agreed  that 
such  persons  or  company  shall  have  a  priority  of  claim  over  every 
other  person,  persons,  or  company  to  the  protection  of  the  Govern- 
ments of  the  United  States  and  Great  Britain,  and  be  allowed  a 
year  from  the  date  of  the  exchange  of  the  ratifications  of  this 
convention  for  concluding  their  arrangements  and  presenting  evi- 
dence of  sufficient  capital  subscribed  to  accomplish  the  contemplated 
undertaking;  it  being  understood  that  if,  at  the  expiration  of  the 
aforesaid  period,  such  persons  or  companj^  be  not  able  to  commence 
and  carry  out  the  proposed  enterprize,  then  the  Governments  of  the 
United  States  and  Great  Britain  shall  be  free  to  afford  their  pro- 
tection to  any  other  persons  or  company  that  shall  be  prepared  to 
commence  and  proceed  with  the  construction  of  the  canal  in  question. 

Article  VIII. 

The  Governments  of  the  United  States  and  Great  Britain  having 
not  only  desired,  in  entering  into  this  convention,  to  accomplish  a 
particular  object,  but  also  to  establish  a  general  principle,  they 
hereby  agree  to  extend  their  protection,  by  treaty  stipulations,  to  any 
other  practicable  communications,  whether  by  canal  or  railway, 
across  the  isthmus  which  connects  North  and  South  America,  and 
especially  to  the  interoceanic  communications,  should  the  same 
prove  to  be  practicable,  whether  by  canal  or  railway,  which  are 
now  proposed  to  be  established  by  the  way  of  Tehuantepec  or 
Panama.  In  granting,  however,  their  joint  protection  to  any  such 
canals  or  railways  as  are  by  this  article  specified,  it  is  always  under- 
stood by  the  United  States  and  Great  Britain  that  the  parties  con- 
structing or  owning  the  same  shall  impose  no  other  charges  or  con- 
ditions of  traffic  thereupon  than  the  aforesaid  Governments  shall 
approve  of  as  just  and  equitable;  and  that  the  same  canals  or  rail- 
ways, being  open  to  the  citizens  and  subjects  of  the  United  States 
and  Great  Britain  on  equal  terms,  shall  also  be  open  on  like  terms 
to  the  citizens  and  subjects  of  every  other  State  which  is  willing  to 
grant  thereto  such  protection  as  the  United  States  and  Great  Britain 
engage  to  afford. 

Article  IX. 

The  ratifications  of  this  convention  shall  be  exchanged  at  Washing- 
ton within  six  months  from  this  day,  or  sooner  if  possible. 

836 


TREATIES:  GREAT  BRITAIN— 1901 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  convention,  and  have  hereunto  affixed  our  seals. 

Done  at  Washington  the  nineteenth  day  of  April,  anno  Domini  one 
thousand  eight  hundred  and  fifty. 

[seal.]  John  M.  Clayton. 

[seal.]  Henry  Lytton  Bulwer. 

GREAT  BRITAIN— 1901 
treaty  to  facilitate  the  construction  of  a  ship  canal 

( Hay-Pauncei-ote  Treaty) 

Concluded  November  18, 1901;  ratification  advised  hy  Senate  Decem- 
her  16, 1901;  ratified  hy  President  December  26, 1901;  ratifications 
exchanged  February  21,  1902;  proclamied  February  22,  1902 

[32  Stat.  L.,  1903] 

articles 

I.   Convention    of    April    19,    1850,    super-   I    III.  Rules  of  neutralization, 
seded.  IV.  Change  of  sovereignty. 

II.   Construction  of  canal.  I      V.  Ratification. 

The  United  States  of  America  and  His  Majesty  Edward  the 
Seventh,  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
of  the  British  Dominions  beyond  the  Seas,  King,  and  Emperor  of 
India,  being  desirous  to  facilitate  the  construction  of  a  ship  canal  to 
connect  the  Atlantic  and  Pacific  Oceans,  by  whatever  route  may  be 
considered  expedient,  and  to  that  end  to  remove  any  objection  which 
may  arise  out  of  the  Convention  of  the  19th  April,  1850,  commonly 
called  the  Clayton-Bulwer  Treaty,  to  the  construction  of  such  canal 
under  the  auspices  of  the  Government  of  the  United  States,  without 
impairing  the  "  general  principle  "  of  neutralization  established  in 
Article  VIII  of  that  Convention,  have  for  that  purpose  appointed  as 
their  Plenipotentiaries : 

The  President  of  the  United  States,  John  Hay,  Secretary  of  State 
of  the  United  States  of  America; 

And  His  Majesty  Edward  the  Seventh,  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  and  of  the  British  Dominions  beyond  the 
Seas,  King,  and  Emperor  of  India,  the  Right  Honourable  Lord 
Pauncefote,  G.C.B.,  G.C.M.G.,  His  Majesty's  Ambassador  Extraor- 
dinary and  Plenipotentiary  to  the  United  States ; 

Who,  having  communicated  to  each  other  their  full  powers  which 
were  found  to  be  in  due  and  proper  form,  have  agreed  upon  the 
following  Articles : — 

Autigle  I. 

The  High  Contracting  Parties  agree  that  the  present  Treaty  shall 
supersede  the  afore-mentioned  Convention  of  the  19th  April,  1850.^ 

Article  II, 

It  is  agreed  that  the  canal  may  be  constructed  under  the  auspices 
of  the  Government  of  the  United  States,  either  directly  at  its  own 

2  For  Convention  of  Apr.  19,  1850,  see  p.  833. 

837 


TREATIES:  GREAT  BRITAIN— 1901 

cost,  or  by  gift  or  loan  of  money  to  individuals  or  Corporations,  or 
through  subscription  to  or  purchase  of  stock  or  shares,  and  that, 
subjec*!  to  the  provisions  of  the  present  Treaty,  the  said  Government 
shall  have  and  enjoy  all  the  rights  incident  to  such  construction,  as 
well  as  the  exclusive  right  of  providing  for  the  regulation  and 
management  of  the  canal. 

Article  III. 

The  United  States  adopts,  as  the  basis  of  the  neutralization  of  such 
ship  canal,  the  following  Kules,  substantially  as  embodied  in  the 
Convention  of  Constantinople,  signed  the  28th  October,  1888,  for 
the  free  navigation  of  the  Suez  Canal,  that  is  to  say : 

1.  The  canal  shall  be  free  and  open  to  the  vessels  of  commerce  and 
of  war  of  all  nation  observing  these  Rules,  on  terms  of  entire  equal- 
ity, so  that  there  shall  be  no  discrimination  against  any  such  nation, 
or  its  citizens  or  subjects,  in  respect  of  the  conditions  or  charges  of 
traffic,  or  otherwise.  Such  conditions  and  charges  of  traffic  shall  be 
just  and  equitable. 

2.  The  canal  shall  never  be  blockaded,  nor  shall  any  right  of  war 
be  exercised  nor  any  act  of  hostility  be  committed  within  it.  The 
United  States,  however,  shall  be  at  liberty  to  maintain  such  military 
police  along  the  canal  as  may  be  necessary  to  protect  it  against 
lawlessness  and  disorder. 

3.  Vessels  of  war  of  a  belligerent  shall  not  revictual  nor  take  any 
stores  in  the  canal  except  so  far  as  may  be  strictly  necessary;  and 
the  transit  of  such  vessels  through  the  canal  shall  be  effected  with 
the  least  possible  delay  in  accordance  with  the  Regulations  in  force, 
and  with  only  such  intermission  as  may  result  from  the  necessities 
of  the  service. 

Prizes  shall  be  in  all  respects  subject  to  the  same  Rules  as  vessels 
of  war  of  the  belligerents. 

4.  No  belligerent  shall  embark  or  disembark  troops,  munitions 
of  war,  or  warlike  materials  in  the  canal,  except  in  case  of  accidental 
hindrance  of  the  transit,  and  in  such  case  the  transit  shall  be  re- 
sumed with  all  possible  dispatch. 

5.  The  provisions  of  this  Article  shall  apply  to  waters  adjacent 
to  the  canal,  within  3  marine  miles  of  either  end.  Vessels  of  war 
of  a  belligerent  shall  not  remain  in  such  waters  longer  than  twenty- 
four  hours  at  any  one  time,  exc?pt  in  case  of  distress,  and  in  such 
case,  shall  depart  as  soon  as  possible;  but  a  vessel  of  war  of  one 
belligerent  shall  not  depart  within  twenty-four  hours  from  the  de- 
parture of  a  vessel  of  war  of  the  other  belligerent. 

6.  The  plant,  establishments,  buildings,  and  all  works  necessary 
to  the  construction,  maintenance,  and  operation  of  the  canal  shall 
be  deemed  to  be  part  thereof,  for  the  purposes  of  this  Treaty,  and 
in  time  of  war,  as  in  time  of  peace,  shall  enjoy  complete  immunity 
from  attack  or  injury  by  belligerents,  and  from  acts  calculated  to 
impair  their  usefulness  as  part  of  the  canal. 

Article  IV. 

It  is  agreed  that  no  change  of  territorial  sovereignty  or  of  the 
international  relations  of  the  country  or  countries  traversed  by  the 


TREATIES:  PANAMA— 1903 

before-mentioned  canal  shall  aifect  the  general  principle  of  neutral- 
ization or  the  obligation  of  the  High  Contracting  Parties  under 
the  present  Treaty. 

Article  V. 

The  present  Treaty  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Britannic  Majesty;  and  the  ratifications  shall 
be  exchanged  at  Washington  or  at  London  at  the  earliest  possible 
time  Avithin  six  months  from  the  date  hereof. 

In  faith  whereof  the  resj^ective  Plenipotentiaries  have  signed  this 
Treat}'^  and  thereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  18th  day  of  November,  in 
the  year  of  Our  Lord  one  thousand  nine  hundred  and  one. 

John  Hay.        [seal.] 
Pauncetote.      [seal.] 

PANAMA— 1903 

CONVENTION  FOR  THE  CONSTRUCTION  OF  A  SHIP  CANAL 

(Hay-Bunau  Varilla  Trk-vty) 

Concluded  Noveinber  18^  1903;  rati-flcation  advised  hy  the  Senate 
Fehruary  23,  IQOJf.;  ratiiled  hy  President  February  25,  IQOJi-;  rati- 
fications exchanged  February  26,  WOJf.;  'proclaimed  Fehruary  26, 
1901^ 

[33    Stat.   L.   2234] 


ARTICLES 


I.  Independence  of  Panama. 
II.  Use,     occupation,     and     control    of 
zone  and  additional  lands. 

III.  Rights,  power,  and  authority  within 

zone     and     auxiliary     lands    and 
waters. 

IV.  Subsidiary    right   to    use    of   waters 

and  water-courses   in   Panama. 
V.  Monopoly     for     systems     of     inter- 
oceanic   communication   by    canal 
or  railroad. 

VI.  Preservation  of  private  property 
rights  ;  rights  of  way  ;  settlement 
of  damages  to  private  property. 
VII.  Acquisition  of  property,  and  sanita- 
tion, systems  of  sewers,  water 
works,  and  public  order,  in  and 
adjacent  to  Panama  and  Colon. 
VIII.  Property  of  New  Panama  Canal 
Company  and  Panama  Railroad 
Company. 

IX.  Freedom  of  ports  from  certain  taxes 
or  charges  upon  vessels,  et  cetera  ; 
Panamanian  customs  houses  and 
guards  ;  use  of  towns  and  harbors 
of  Panama  and  Colon. 
X.  Exemptions  of  Canal,  auxiliaries, 
and  employees  from  taxation  by 
Panama. 

XI.  Transmission  of  official  dispatches 
of  Panama  over  Canal  telegraph 
and  telephone  lines. 


XII. 
XIII. 

XIV. 

XV. 
XVI. 

XVII. 

XVIII. 
XIX. 

XX. 

XXI. 

XXII. 
XXIII. 
XXIV. 

XXV. 

XXVI. 


Immigration     and     free     access     of 

Canal  employees. 
Freedom     from    customs    duties    of 

importations    by    United     States 

into  Canal  Zone. 
Compensation  to  Panama  for  rights 

granted. 
Establishment  of  joint  commission. 
Bxtt-nd'tion  between  Canal  Zone  and 

Panama. 
Use  oi  ports  of  Panam'a  as  places  of 

refuge  for  vessels. 
Neutrality  of  Canal. 
Rights  of  Panama  in  respect  to  free 

transportation      over     Canal     or 

railway. 
Modification  by  Panama  of  existing 

treaties    containing    incompatible 

provisions. 
Freedom  of  rights  granted  by  Pan- 
ama   from    anterior   liabilities   or 

concessions. 
Renunciation   by   Panama  of   rights 

under   concessionary   contracts. 
Protection    of    Canal,    vessels,    and 

auxiliaries  ;    fortifications. 
Effect    of    change    in    government, 

laws  or  treaties  of  Panama. 
Sale   or  lease   to   United   States   of 

lands   for   naval   or   coaling   sta- 
tions. 
Ratification. 


The  United  States  of  America  and  the  Republic  of  Panama  being 
desirous  to  insure  the  construction  of  a  ship  canal  across  the  Isthmus 
of  Panama  to  connect  the  Atlantic  and  Pacific  oceans,  and  the  Con- 


839 


TREATIES:  PANAMA— 1903 

gress  of  the  United  States  of  America  having  passed  an  act  approved 
June  28,  1902,^  in  furtherance  of  that  object,  by  which  the  President 
of  the  United  States  is  authorized  to  acquire  within  a  reasonable 
time  the  control  of  the  necessary  territory  of  the  Republic  of  Colom- 
bia, and  the  sovereignty  of  such  territory  being  actually  vested  in 
the  Republic  of  Panama,  the  high  contracting  parties  have  resolved 
for  that  purpose  to  conclude  a  convention  and  have  accordingly 
appointed  as  their  plenipotentiaries, — 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State,  and 

The  Government  of  the  Republic  of  Panama,  Philippe  Bunau- 
Varilla,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  Republic  of  Panama,  thereunto  specially  empowered  by  said 
government,  who  after  communicating  with  each  other  their  re- 
spective full  powers,  found  to  be  in  good  and  due  form,  have  agreed 
upon  and  concluded  the  following  articles : 

Article  L 

The  United  States  guarantees  and  will  maintain  the  independence 
of  the  Republic  of  Panama. 

Article  II. 

The  Republic  of  Panama  grants  to  the  United  States  in  per- 
petuity the  use,  occupation  and  control  of  a  zone  of  land  and  land 
under  water  for  the  construction,  maintenance,  operation,  sanita- 
tion and  protection  of  said  Canal  of  the  width  of  ten  miles  extending 
to  the  distance  of  five  miles  on  each  side  of  the  center  line  of  the 
route  of  the  Canal  to  be  constructed ;  the  said  zone  beginning  in  the 
Caribbean  Sea  three  marine  miles  from  mean  low  water  mark  and 
extending  to  and  across  the  Isthmus  of  Panama  into  the  Pacific 
ocean  to  a  distance  of  three  marine  miles  from  mean  low  water 
mark  with  the  proviso  that  the  cities  of  Panama  and  Colon  and 
the  harbors  adjacent  to  said  cities,  which  are  included  within  the 
boundaries  of  the  zone  above  described,  shall  not  be  included  within 
this  grant.*  The  Republic  of  Panama  further  grants  to  the  United 
States  in  perpetuity  the  use,  occupation  and  control  of  any  other 
lands  and  waters  outside  of  the  zone  above  described  which  may  be 
necessary  and  convenient  for  the  construction,  maintenance,  opera- 
tion, sanitation  and  protection  of  the  said  Canal  or  of  any  auxiliary 
canals  or  other  works  necessary  and  convenient  for  the  construction, 
maintenance,  operation,  sanitation  and  protection  of  the  said 
enterprise. 

The  Republic  of  Panama  further  grants  in  like  manner  to  the 
United  States  in  perpetuity  all  islands  within  the  limits  of  the  zone 
above  described  and  in  addition  thereto  the  group  of  small  islands 
in  the  Bay  of  Panama,  named  Perico,  Naos,  Culebra  and  Flamenco. 

»  Spooner  Act,  .Tunc  li8,  1902,  cli.  1302,  .S2  Stat.  481. 

■*  Possession  of  canal  properties  of  Frencli  company  was  taken  May  4,  1904  (1904  Ann. 
Rept.  o6)  ;  on  May  19,  1904,  the  Governor  of  tlie  (,'anal  Zone  anno"uncocl  the  occupation 
of  tlie  Canal  Zone  ijy  the  United  States;  by  the  Davis  agreement,  dated  .Tune  15,  1904 
(1904  Ann.  Rept.  78  and  91-93)  the  Republic  of  Panama  formally  delivered  the  land 
included  within  the  Canal  Zone  to  the  United  States,  the  boundaries  being  defined  in 
the  aforesaid  agreement.     See  also  Boundary  Convention,  p.  848. 

840 


TREATIES:  PANAMA— 190S 

Abticle  III. 

The  Republic  of  Panama  grants  to  the  United  States  all  the 
rio-hts,  power  and  authority  within  the  zone  mentioned  and  described 
in'^Article  II  of  this  agreement  and  within  the  limits  of  all  auxiliary 
lands  and  waters  mentioned  and  described  in  said  Article  II  which 
the  United  States  would  possess  and  exercise  if  it  were  the  sovereign 
of  the  territory  within  which  said  lands  and  waters  are  located  to 
the  entire  exclusion  of  the  exercise  by  the  Republic  of  Panama  ot 
any  such  sovereign  rights,  power  or  authority. 

Article  IV. 

As  rights  subsidiary  to  the  above  grants  the  Republic  of  Panama 
grants  in  perpetuity  to  the  United  States  the  right  to  use  the  rivers, 
streams,  lakes  and  other  bodies  of  water  within  its  limits  for  naviga- 
tion, the  supply  of  water  or  water-powder  or  other  purposes,  so  far 
as  the  use  of  said  rivers,  streams,  lakes  and  bodies  of  water  and  the 
waters  thereof  may  be  necessary  and  convenient  for  the  construction, 
maintenance,  operation,  sanitation  and  protection  of  the  said  Canal. 

Article  V. 

The  Republic  of  Panama  grants  to  the  United  States  in  perpetuity 
a  monopoly  for  the  construction,  maintenance  and  operation  of  any 
system  of  communication  by  means  of  canal  or  railroad  across  its 
territory  between  the  Caribbean  Sea  and  the  Pacific  ocean. 

Article  VI. 

The  o-rants  herein  contained  shall  in  no  manner  invalidate  the 
titles  or^'rights  of  private  land  holders  or  owners  of  private  property 
in  the  said  zone  or  in  or  to  any  of  the  lands  or  waters  granted  to 
the  United  States  by  the  provisions  of  any  Article  of  this  treaty,  nor 
shall  they  interfere  with,  the  rights  of  way  over  the  public  roads 
passing  through  the  said  zone  or  over  any  of  the  said  lands  or  waters 
unless  said  rights  of  way  or  private  rights  shall  conflict  with  rights 
herein  granted  to  the  United  States  in  which  case  the  rights  of  the 
United  States  shall  be  superior.  All  damages  caused  to  the  owners 
of  private  lands  or  private  property  of  any  kind  by  reason  of  the 
grants  contained  in  this  treaty  or  by  reason  of  the  operations  ol  the 
United  States,  its  agents  or  employees,  or  by  reason  of  the  con- 
struction, maintenance,  operation,  sanitation  and  protection  ot  the 
said  Canal  or  of  the  works  of  sanitation  and  protection  herein  pro- 
vided for,  shall  be  appraised  and  settled  by  a  joint  Commission^ 
appointed  by  the  Governments  of  the  United  States  and  the  Republic 
of  Panama,  whose  decisions  as  to  such  damages  shall  be  final  and 

'Art  XV  p  845,  provides  for  establishment  of  joint  commission.  Claims  Convention 
Art  1  p.  857,  provides  for  the  continuation  of  the  hearing  and  decision  of  claims  under 
this  article  by  the  Joint  commission  provided  for  herein. 


93803 — 34 54  841 


TREATIES:  PANAMA— 190S 

whose  awards  as  to  such  damages  shall  be  paid  solely  by  the  United 
States.  No  part  of  the  work  on  said  Canal  or  the  Panama  railroad 
or  on  any  auxiliary  works  relating  thereto  and  authorized  by  the 
terms  of  this  treaty  shall  be  prevented,  delayed  or  impeded  l3y  or 
pending  such  proceedings  to  ascertain  such  damages.  The  apf)raisal 
of  said  private  lands  and  private  property  and  the  assessment  of 
damages  to  them  shall  be  based  upon  their  value  before  the  date 
of  this  convention. 

Article  VII. 

The  Republic  of  Panama  grants  to  the  United  States  within  the 
limits  of  the  cities  of  Panama  and  Colon  and  their  adjacent  harbors 
and  within  the  territory  adjacent  thereto  the  right  to  acquire  bj- 
purchase  or  by  the  exercise  of  the  right  of  eminent  domain,  any 
lands,  buildings,  water  rights  or  other  properties  necessary  and  con- 
venient for  the  construction,  maintenance,  operation  and  protection 
of  the  Canal  and  of  any  works  of  sanitation,  such  as  the  collection 
and  disposition  of  sewage  and  the  distribution  of  water  in  the  said 
cities  of  Panama  and  Colon,  which,  in  the  discretion  of  the  United 
States  may  be  necessary  and  convenient  for  the  construction,  main- 
tenance, operation,  sanitation  and  protection  of  the  said  Canal  and 
railroad.  All  such  works  of  sanitation,  collection  and  disposition 
of  sewage  and  distribution  of  water  in  the  cities  of  Panama  and 
Colon  shall  be  made  at  the  expense  of  the  United  States,  and  the 
Government  of  the  United  States,  its  agents  or  nominees  shall  be 
authorized  to  impose  and  collect  Avater  rates  and  sewerage  rates 
which  shall  be  sufficient  to  provide  for  the  payment  of  interest  and 
the  amortization  of  the  principal  of  the  cost  of  said  works  within 
a  period  of  fifty  years  and  upon  the  expiration  of  said  term  of  fifty 
years  the  system  of  sewers  and  water  works  shall  revert  to  and 
become  the  pro])erties  of  the  cities  of  Panama  and  Colon  respectively, 
and  the  use  of  the  water  shall  be  free  to  the  inhabitants  of  Panama 
and  Colon,  except  to  the  extent  that  water  rates  may  be  necessary 
for  the  operation  and  maintenance  of  said  system  of  scAvers  and 
water. 

The  Republic  of  Panama  agrees  that  the  cities  of  Panama  and 
Colon  shall  conipl}^  in  perpetuity  with  the  sanitary  ordinances 
whether  of  a  preventive  or  curative  character  prescribed  by  tlie 
United  States  and  in  case  the  Government  of  Panama  is  unable  or 
fails  in  its  duty  to  enforce  this  compliance  by  the  cities  of  Panama 
and  Colon  with  the  sanitary  ordinances  of  the  United  States  the 
Republic  of  Panama  grants  to  the  United  States  the  right  and  au- 
thority to  enforce  the  same. 

The  same  right  and  authority  are  granted  to  the  ITnited  States  for 
the  maintenance  of  ]5ublic  order  in  the  cities  of  Panama  and  Colon 
and  the  territories  and  harbors  adjacent  thereto  in  case  the  Republic 
of  Panama  should  not  be,  in  the  judgment  of  the  United  States,  able 
to  maintain  such  order. 

Article  VIII. 

The  Republic  of  Panama  grants  to  the  United  States  all  rights 
which  it  now  has  or  hereafter  may  acquire  to  the  property  of  the 

842 


TREATIES:  PANAMA— 1903 

New  Panama  Canal  Company  and  the  Panama  Railroad  Company 
as  a  result  of  the  transfer  of  sovereignty  from  the  Republic  of  Colom- 
bia to  the  Republic  of  Panama  over  the  Isthmus  of  Panama  and 
authorizes  the  New  Panama  Canal  Company  to  sell  and  transfer  to 
the  United  States  its  rights,  privileges,  properties  and  concessions 
as  well  as  the  Panama  Railroad  and  all  the  shares  or  part  of  the 
shares  of  that  company;  but  the  public  lands  situated  outside  of  the 
zone  described  in  Article  II  of  this  treaty  now  included  in  the  con- 
cessions to  both  said  enterprises  and  not  required  in  the  construction 
or  operation  of  the  Canal  shall  revert  to  the  Republic  of  Panama 
except  any  property  now  owned  by  or  in  the  possession  of  said  com- 
panies within  Panama  or  Colon  or  the  ports  or  terminals  thereof. 

Article  IX. 

The  United  States  agrees  that  the  ports  at  either  entrance  of  the 
Canal  and  the  waters  thereof,  and  the  Republic  of  Panama  agrees 
that  the  towns  of  Panama  and  Colon  shall  be  free  for  all  time  so  that 
there  shall  not  be  imposed  or  collected  custom  house  tolls,  tonnage, 
anchorage,  lighthouse,  wharf,  pilot,  or  quarantine  dues  or  any  other 
charges  or  taxes  of  any  kind  upon  any  vessel  using  or  passing 
through  the  Canal  or  belonging  to  or  employed  by  the  United  States, 
directly  or  indirectly,  in  connection  with  the  construction,  mainte- 
nance, operation,  sanitation  and  protection  of  the  main  Canal,  or 
auxiliary  works,  or  upon  the  cargo,  officers,  crew,  or  passengers  of 
any  such  vessels,  except  such  tolls  and  charges  as  may  be  imposed  by 
the  United  States  for  the  use  of  the  Canal  and  other  Avorks,  and 
except  tolls  and  charges  imposed  by  the  Republic  of  Panama  upon 
merchandise  destined  to  be  introduced  for  the  consumption  of  the 
rest  of  the  Republic  of  Panama,  and  upon  vessels  touching  at  the 
ports  of  Colon  and  Panama  and  which  do  not  cross  the  Canal. 

The  Government  of  the  Republic  of  Panama  shall  have  the  right 
to  establish  in  such  ports  and  in  the  towns  of  Panama  and  Colon 
such  houses  and  guards  as  it  may  deem  necessary  to  collect  duties 
on  importations  destined  to  other  portions  of  Panama  and  to  pre- 
vent contraband  trade.  The  United  States  shall  have  the  right  to 
make  use  of  the  towns  and  harbors  of  Panama  and  Colon  as  places 
of  anchorage,  and  for  making  repairs,  for  loading,  unloading,  de- 
positing, or  transshipping  cargoes  either  in  transit  or  destined  for 
the  service  of  the  Canal  and  for  other  works  pertaining  to  the  Canal.^ 

Article  X. 

The  Republic  of  Panama  agrees  that  there  shall  not  be  imposed 
any  taxes,  national,  municipal,  departmental,  or  of  any  other  class, 
upon  the  Canal,  the  railways  and  auxiliary  works,  tugs  and  other 
vessels  employed  in  the  service  of  the  Canal,  store  houses,  work  shops, 
offices,  quarters  for  laborers,  factories  of  all  kinds,  warehouses, 
wharves,  machinery  and  other  works,  property,  and  effects  apper- 
taining to  the  Canal  or  railroad  and  auxiliary  works,  or  their  officers 
or  employees,  situated  within  the  cities  of  Panama  and  Colon,  and 

«  See  also  Art.  XVII,  i>.  845. 

843 


TREATIES:  PANAMA— 190S 

that  there  shall  not  be  imposed  contributions  or  charges  of  a  personal 
character  of  any  kind  upon  officers,  emploj^ees,  laborers,  and  other 
individuals  in  the  service  of  the  Canal  and  railroad  and  auxiliar}' 
works. 

Article  XI. 

The  United  States  agrees  that  the  official  dispatches  of  the  Govern- 
ment of  the  Republic  of  Panama  shall  be  transmitted  over  any  tele- 
graph and  telephone  lines  established  for  canal  purposes  and  used  for 
public  and  private  business  at  rates  not  higher  than  those  required 
from  officials  in  the  service  of  the  United  States. 

Article  XII. 

The  Government  of  the  Republic  of  Panama  shall  permit  the  im- 
migration and  free  access  to  the  lands  and  workshops  of  the  Canal 
and  its  auxiliary  works  of  all  employees  and  workmen  of  whatever 
nationality  under  contract  to  work  upon  or  seeking  employment  upon 
or  in  any  wise  connected  with  the  said  Canal  and  its  auxiliary  works, 
with  their  respective  families,  and  all  such  persons  shall  be  free  and 
exempt  from  the  military  service  of  the  Republic  of  Panama. 

Article  XIII. 

The  United  States  may  import  at  any  time  into  the  said  zone  and 
auxiliary  lands,  free  of  customs  duties,  imposts,  taxes,  or  other 
charges,  and  without  any  restrictions,  any  and  all  vessels,  dredges, 
engines,  cars,  machinery,  tools,  explosives,  materials,  supplies,  and 
other  articles  necessary  and  convenient  in  the  construction,  mainte- 
nance, operation,  sanitation  and  protection  of  the  Canal  and  aux- 
iliary works,  and  all  provisions,  medicines,  clothing,  supplies  and 
other  things  necessary  and  convenient  for  the  officers,  employees, 
workmen  and  laborers  in  the  service  and  employ  of  the  United 
States  and  for  their  families.  If  any  sucli  articles  are  dis])osed  of 
for  use  outside  of  the  zone  and  auxiliary  lands  granted  to  the  I"^nited 
States  and  witliin  the  territory  of  the  Republic,  they  shall  be  sub- 
ject to  the  same  import  or  other  duties  as  like  articles  imported 
under  the  laws  of  the  Republic  of  Panama. 

Article  XIV. 

As  the  price  or  compensation  for  the  rights,  powers  and  priv- 
ileges gi-anted  in  this  convention  by  the  Republic  of  Panama  to 
the  United  States,  the  Government  of  the  United  States  agrees  to 
pay  to  the  Republic  of  Panama  the  sum  of  ten  million  dollars 
($10,000,000)  in  gold  coin  of  the  United  States  on  the  exchange 
of  the  ratification  of  this  convention  and  also  an  annual  payment 
during  the  life  of  this  convention  of  two  hundred  and  fifty  thou- 
sand dollars  ($250,000)  in  like  gold  coin,  beginning  nine  years  aft«r 
the  date  aforesaid. 

The  provisions  of  this  Article  shall  be  in  addition  to  all  other  bene- 
fits assured  to  the  Republic  of  Panama  under  this  convention. 

844 


TREATIES:  PANAMA— 1903 

But  no  delay  or  difference  of  opinion  under  this  Article  or  any 
other  provisions  of  this  treaty  shall  affect  or  interrupt  the  full  opera- 
tion and  effect  of  this  convention  in  all  other  respects. 

Article  XV. 

The  joint  commission  referred  to  in  Article  VI  shall  be  estab- 

^'^Thl  Presid'ent'of  the  United  States  shall  nominate  two  perst)ns 
and  the  President  of  the  Republic  of  Panama  shall  nominate  two 
persons  and  they  shall  proceed  to  a  decision;  but  in  case  ot  dis- 
lio-reement  of  the  Commission  (by  reason  of  thear  being  equally  di- 
vided in  conclusion)  an  umpire  shall  be  appointed  by  the  two  (gov- 
ernments who  shall  render  the  decision.  In  the  event  of  the  death, 
absence,  or  incapacity  of  a  Commissioner  or  UnU^ire,  or  of  his  omit- 
ting, declining  or  ceasing  to  act,  his  place  shall  be  filled  by  the 
appointment  of  another  person  in  the  manner  above  indicated.  A 
decisions  by  a  majority  of  the  Commission  or  by  the  umpire  shall 
be  final. 

Aeticle  XVI. 

The  two  Governments  shall  make  adequate  provision  by  future 
agreement  for  the  pursuit,  capture,  imprisonment,  detention  and 
ddivery  within  said  zone  and  auxiliary  lands  to  the  authorities  ot 
the  Republic  of  Panama  of  persons  charged  wath  the  commitment 
of  criines,  felonies  or  misdemeanors  without  said  zone  and  tor  the 
pursuit,  capture,  imprisonment,  detention  and  delivery  without  said 
zone  to  the  authorities  of  the  United  States  of  persons  charged  with 
the  commitment  of  crimes,  felonies  and  misdemeanors  wathin  said 
zone  and  auxiliary  lands.'' 

Article  XVII. 

The  Republic  of  Panama  grants  to  the  United  States  the  use  of 
all  the  ports  of  the  Republic  open  to  commerce  as  places  of  retuge 
for  any  vessels  employed  in  the  Canal  enterprise,  and  for  all  ves- 
sels passing  or  bound  to  pass  through  the  Canal  which  may  be  in 
distress  and  be  driven  to  seek  refuge  in  said  ports  Such  vessels 
shall  be  exempt  from  anchorage  and  tonnage  dues  on  the  part  ot  the 
Republic  of  Panama.^ 

Article  XVIII. 

The  Canal  when  constructed,  and  the  entrances  thereto  shall  be 
neutral  in  perpetuity,  and  shall  be  opened  upon  the  terms  provided 
for  by  Section  I  of  Article  three  of,  and  in  conformity  with  all  the 
stipulations  of,  the  treaty  entered  into  by  the  Governments  of  the 
United  States  and  Great  Britain  on  November  18,  1901. 

T  Extradition  of  fugitivos  from  Panama  who  seek  refuge  in  Canal  Zone,  see  Canal  Zone 
Code,  title  6,  sections  881  to  892  ;  see  also  title  6,  section  861. 


8  See  Art.  IX,  p.  843. 

9  For  Treaty  of  Nov.  18,  1901,  see  p.  H61. 


846 


TREATIES:  PANAMA~1903 
Article  XIX. 

The  Government  of  the  Republic  of  Panama  shall  have  the  right 
to  transport  over  the  Canal  its  vessels  and  its  troops  and  munitions 
of  war  in  such  vessels  at  all  times  without  paying  charges  of  any 
kind.  The  exemption  is  to  be  extended  to  the  auxiliary  railway  for 
the  transportation  of  persons  in  the  service  of  the  Republic  of  Pan- 
ama, or  of  the  police  force  charged  with  the  preservation  of  public 
order  outside  of  said  zone,  as  well  as  to  their  baggage,  munitions  of 
war  and  supplies. 

Article  XX. 

If  by  virtue  of  any  existing  treaty  in  relation  to  the  territory  of 
the  Isthmus  of  Panama,  whereof  the  obligations  shall  descend  or 
be  assumed  by  the  Republic  of  Panama,  there  may  be  any  privilege 
or  concession  in  favor  of  the  Government  or  the  citizens  and  subjects 
of  a  third  power  relative  to  an  interoceanic  means  of  commimication 
which  in  any  of  its  terms  may  be  incompatible  with  the  terms  of  the 
present  convention,  the  Republic  of  Panama  agrees  to  cancel  or 
modify  such  treaty  in  due  form,  for  which  purpose  it  shall  give  to 
the  said  third  power  the  requisite  notification  within  the  term  of  four 
months  from  the  date  of  the  present  convention,  and  in  case  the  exist- 
ing treaty  contains  no  clause  permitting  its  modifications  or  annul- 
ment, the  Republic  of  Panama  agrees  to  procure  its  modification  or 
annulment  in  such  form  that  there  shall  not  exist  any  conflict  with 
the  stipulations  of  the  present  convention. 

Article  XXL 

The  rights  and  privileges  granted  by  the  Republic  of  Panama  to 
the  United  States  in  the  preceding  Articles  are  understood  to  be  free 
of  all  anterior  debts,  liens,  trusts,  or  liabilities,  or  concessions  or  priv- 
ileges to  other  Governments,  corporations,  syndicates  or  individuals, 
and  consequently,  if  there  should  arise  any  claims  on  account  of  the 
present  concessions  and  privileges  or  otherwise,  the  claimants  shall 
resort  to  the  Government  of  the  Republic  of  Panama  and  not  to  the 
United  States  for  any  indemnity  or  compromise  which  may  be 
required. 

Article  XXII. 

The  Republic  of  Panama  renoimces  and  grants  to  the  United 
States  the  participation  to  which  it  might  be  entitled  in  the  future 
earnings  of  the  Canal  under  Article  XV  of  the  concessionary  con- 
tract with  Lucien  X.  B.  Wyse  now  owned  by  the  New  Panama  Canal 
Company  and  any  and  all  other  rights  or  claims  of  a  pecuniary 
nature  arising  under  or  relating  to  said  concession,  or  arising  under 
or  relating  to  the  concessions  to  the  Panama  Railroad  Company  or 
any  extension  or  modification  thereof;  and  it  likewise  renounces,  con- 
firms and  grants  to  the  United  States,  now  and  hereafter,  all  the 
rights  and  property  reserved  in  the  said  concessions  which  otherwise 
would  belong  to  Panama  at  or  before  the  expiration  of  the  terms  of 

846 


TREATIES:  PANAMA— 1903 

ninety-nine  years  of  the  concessions  granted  to  or  held  by  the  above 
mentioned  party  and  companies,  and  all  right,  title  and  interest 
which  it  now  has  or  may  hereafter  have,  in  and  to  the  lands,  canal, 
works,  property  and  rights  held  by  the  said  companies  under  said 
concessions  or  otherwise,  and  acquired  or  to  be  acquired  bj'  the  United 
States  from  or  through  the  Xew  Panama  Canal  Company,  including 
any  property  and  rights  which  mi»ht  or  may  in  the  future  either  by 
lapse  of  time,  forfeiture  or  otherwise,  revert  to  the  Republic  of  Pan- 
ama under  any  contracts  or  concessions,  with  said  Wvse,  the  Uni- 
versal Panama  Canal  Company,  the  Panama  Railroad  Company  and 
the  Xew  Panama  Canal  Company. 

The  aforesaid  rights  and  property  shall  be  and  are  free  and  re- 
leased from  any  present  or  reversionary  interest  in  or  claims  of 
Panama  and  the  title  of  the  United  States  thereto  upon  consumma- 
tion of  the  contemplated  purchase  by  the  United  States  from  the 
Xew  Panama  Canal  Company,  shall  be  absolute,  so  far  as  concerns 
the  Republic  of  Panama,  excepting  always  the  rights  of  the  Republic 
specifically  secured  under  this  treaty. 

Article  XXIII. 

If  it  should  become  necessary  at  any  time  to  employ  armed  forces 
for  the  safety  or  protection  of  the  Canal,  or  of  the  ships  that  make 
use  of  the  same,  or  the  railways  and  auxiliary  works,  the  United 
States  shall  have  the  right,  at  all  times  and  in  its  discretion,  to  use 
its  police  and  its  land  and  naval  forces  or  to  establish  fortifications 
for  these  purposes. 

Aeticle  XXIV. 

Xo  change  either  in  the  Government  or  in  the  laws  and  treaties  of 
the  Republic  of  Panama  shall,  without  the  consent  of  the  United 
States,  affect  any  right  of  the  United  States  under  the  present  con- 
vention, or  under  any  treaty  stipulation  between  the  two  countries 
that  now  exists  or  may  hereafter  exist  touching  the  subject  matter 
of  this  convention. 

If  the  Republic  of  Panama  shall  hereafter  enter  as  a  constituent 
into  any  other  Government  or  into  any  union  or  confederation  of 
states,  so  as  to  merge  her  sovereignty  or  independence  in  such  Gov- 
ernment, union  or  confederation,  the  rights  of  the  United  States 
under  this  convention  shall  not  be  in  any  respect  lessened  or  impaired. 

Aeticle  XXV. 

For  the  better  performance  of  the  engagements  of  this  convention 
and  to  the  end  of  the  efficient  protection  of  the  Canal  and  the  preser- 
vation of  its  neutrality,  the  Government  of  the  Republic  of  Panama 
will  sell  or  lease  to  the  United  States  lands  adequate  and  necessary 
for  naval  or  coaling  stations  on  the  Pacific  coast  and  on  the  western 
Caribbean  coast  of  the  Republic  at  certain  points  to  be  agreed  upon 
with  the  President  of  the  United  States. 

847 


TREATIES:  PANAMA— 1914 

Article  XXVI. 

This  convention  when  signed  by  the  Plenipotentiaries  of  the  Con- 
tracting Parties  shall  be  ratified  by  the  respective  Governments  and 
the  ratifications  shall  be  exchanged  at  Washington  at  the  earliest 
date  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their 
respective  seals. 

Done  at  the  City  of  Washington  the  18th  day  of  November  in  the 
year  of  our  Lord  nineteen  hundred  and  three. 

John  Hay  [seal] 

P.   BuNAu   Varilla     [seal] 

PANAMA— 1914 

BOUNDARY  CONVENTION 

Signed  at  Panmna  Septemher  2,  IQlJf.;  ratification  advised  hy  the 
Senate  October  22, 191J^;  ratijied  hy  the  President  January  4, 1915; 
ratified  hy  Panama  Februai^  8,  1915;  ratifications  exchanged  at 
Panama  Fehruary  11,  1915;  fi^oclaimed  Fehruary  18,  1915 

[38   Stat.   L.,   1893] 


ARTICLES 


I.  Boundary  line  of  Canal  Zone  to   re- 
main    as     fixed     and     as     herein 
modified. 
II.  Territorial     rights     of     the     United 
States. 
III.  Describes  boundary  line. 
IV.  Limits  of  harbors  of  city  of  Panama 

and  Ancon. 
V.  Boundary  between  city  of  Colon  and 
the    Canal    Zone ;    site    of    United 
States  battery. 
VI.  Boundaries  of  city  of  Colon. 


VII.  Panamanian     easement     for     vessels 
trading  with  city  of  Colon ;  wharf- 
age and  other  i)rivileges. 
Panama  to  maintain  "  Sabanas  Road." 
Railway  rights  across  territory  trans- 
ferred. 
Preserves  rights  heretofore  acquired. 
Employment  of  Panamanian  citizens. 
XII.  Preserves     jurisdiction      of     pending 

legal  cases. 
XIII.   Ratification. 


VIII 
IX. 


X. 
XI. 


Whereas,  Gen.  George  W.  Davis,  then  Governor  of  the  Canal  Zone, 
on  behalf  of  the  United  States  of  America,  and  Messrs.  Tomas  Arias 
and  Ramon  Valdes  Lopez,  then  Secretary  of  Foreign  Affairs  and 
Attorney  General,  respectively,  of  the  Republic  of  Panama,  acting 
on  behalf  of  that  Republic,  entered  into  an  agreement  on  the  15th  day 
of  June,  1904,  by  the  terms  of  which  the  Republic  of  Panama  de- 
livered over  to  the  United  States  of  America,  the  use,  occupation,  and 
control  in  perpetuity  of  the  zone  of  land  ten  miles  in  width  described 
and  mentioned  in  articles  II  and  III  of  the  Canal  Treaty  between  the 
United  States  of  America  and  the  Republic  of  Panama,  dated  No- 
vember 18,  1903,^*^  and  the  boundary  lines  of  said  zone,  as  well  as 
those  of  the  cities  of  Panama  and  Colon  and  their  adjacent  harbors, 
were  subsequently  located  upon  the  ground  and  monumented : 

And,  whereas,  the  President  of  the  Republic  of  Panama,  by  decree 
number  46  of  May  17,  1912,  delivered  over  to  the  United  States  the 
use,  occupation,  and  control  of  the  areas  of  land  to  be  covered  by  the 
waters  of  Lake  Gatun  and  all  that  part  of  the  shores  of  the  lake  up 

"For  Arts.  II  and  III  of  said  treaty,  see  p.  840. 


ftAft 


TREATIES:  PANAMA— 19U 

to  an  elevation  of  one  hundred  feet  above  sea  level,  in  conformity 
with  articles  II  and  III  of  said  Canal  Treaty. 

And  whereas,  since  the  promulgation  of  said  decree  of  May  17, 
1912,  the  United  States,  in  conformity  with  the  said  articles  of  said 
Treaty,  have  taken  over  the  use,  occupation,  and  control  of  the  islands 
in  said  Lake  Gatun  and  the  peninsulas  bordering  on  said  lake  to 
which  there  is  no  access  except  from  said  lake  or  from  lands  within 
the  jurisdiction  of  the  Canal  Zone; 

Now,  therefore,  the  Government  of  the  United  States  and  the 
Republic  of  Panama  being  desirous  to  establish  permanently  the 
boundary  lines  of  the  above-mentioned  lands  and  waters  so  taken  over 
by  the  United  States,  to  that  end  have  resolved  to  enter  into  the  fol- 
lowing agreement,  for  which  purpose  the  President  of  the  United 
States  of  America  has  commissioned  His  Excellency  William  Jen- 
nings Price,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  United  States  to  the  Government  of  Panama,  and  the  President 
of  the  Republic  of  Panama  has  commissioned  His  Excellency  Ernesto 
T.  Lefevre,  Secretary  of  State  in  the  office  of  Foreign  Affairs  of  the 
Republic  of  Panama,  who,  having  exchanged  their  respective  full 
powers,  have  entered  into  the  following  boundary  convention : 


It  is  agreed  that  the  boundary  lines  of  the  zone  of  land  of  ten  miles 
in  width  described  in  article  II  of  the  said  Canal  Treaty  shall  remain 
as  defined  and  established  by  the  agreement  of  June  the  15th,  1904, 
above  mentioned,  and  subsequently  located  on  the  ground  and  monu- 
mented  as  shown  by  exhibit  "A"  accompanying  this  Convention, 
with  the  modifications  hereinafter  set  out  in  respect  to  the  cities  of 
Panama  and  Colon  and  their  adjacent  harbors. 

II. 

In  conformity  with  articles  II  and  III  of  said  Treaty  the  rights 
of  the  United  States  to  the  use,  occupation,  and  control  of  the  areas 
to  be  covered  by  the  waters  of  Gatun  Lake  and  all  that  part  of  the 
shores  of  the  lake  up  to  an  elevation  of  one  hundred  feet  above  mean 
sea  level,  and  the  islands  in  said  lake  is  hereby  recognized,  and  in 
like  manner  the  right  of  the  United  States  to  the  use,  occupation,  and 
control  of  the  peninsulas  bordering  on  said  lake  to  which  there  is  no 
access  except  over  lands  of  the  Canal  Zone  or  from  the  waters  of 
Gatun  Lake,  is  hereby  recognized. 

The  one  hundred  feet  contour  line  above  referred  to,  as  well  as  the 
peninsulas  above  mentioned,  shall  be  conveniently  monumented  and 
marked  upon  the  ground  by  the  United  States,  with  the  intervention 
of  a  representative  or  representatives  of  the  Republic  of  Panama 
designated  for  that  purpose,  and  sketched  upon  a  special  map. 

III. 

It  is  agreed  that  the  permanent  boundary  line  between  the  City  of 
Panama  and  the  Canal  Zone  shall  be  as  follows : 

Beginning  at  a  concrete  monument  located  above  high  water  mark 
on  the  shore  of  Panama  Bay,  south  of  the  Balboa  Road  on  the  slope 

849 


TREATIES:  PANAMA— 1914 

of  the  headland  called  "  Punta  Mala,"  and  north  thirty-two  degrees 
ajid  thirty  minutes  west  (N.  32°  30'  W.)  and  one  hundred  and  fifty 
(150)  meters  from  about  the  center  of  an  island  called  "  Gavilan." 
From  the  above  concrete  monument  (marked  "A"  on  the  map)  the 
boundary  line  runs  north  twenty  degrees  and  two  minutes  east 
(N.  20°  2'  E.)  six  hundred  and  thirty-three  and  seven-t«nths  (633.7) 
meters  to  a  concrete  monument  (marked  "  B  "  on  the  map)  located 
at  the  intersection  of  the  easterly  line  of  the  Zone  boundary 
road,  and  the  northerl}^  line  of  the  road  leading  from  Panama  to 
Balboa;  thence  north  thirty-six  degrees  and  forty-two  minutes  east 
(N.  36°  42'  E.)  nine  hundred  and  sixty-six  and  eighty-five  hun- 
dredths (966.85)  meters  to  a  concrete  monument  (marked  "  C"  on  the 
map)  on  the  northerly  side  of  the  road  leading  to  Ancon  Hospital 
grounds;  thence  north  three  degrees  and  nineteen  minutes  east  (N.  3° 
19'  E.)  one  hundred  and  forty-eight  and  forty-six  one-hundredths 
( 148,46)  meters  to  an  iron  rail  property  monument ;  thence  north  eight 
degrees  and  fourteen  mmutes,  and  forty  seconds  west  (N.  8°  14'  40" 
W.)  one  hundred  and  fifty-one  and  thirty-three  one-hundredths  me- 
ters (151.33)  to  a  point;  thence  north  thirty-seven  degrees  and  forty- 
five  minutes  east  (N.  37°  45'  E.)  fourteen  and  thirty-three  one-hun- 
dredths meters  to  a  point  in  the  road  on  the  present  boundary  line; 
thence  along  said  present  boundary  north  no  degrees  and  forty-seven 
minutes  west  (N.  0°  47'  W.)  sixty-six  and  forty-four  one-hundredths 
meters  (66.44)  to  a  point;  thence  north  seventy-six  degrees  and  fifty- 
nine  minutes  east  (N.  76°  59'  E.)  forty-two  and  forty-five  one- 
hundredths  (42.45)  meters  to  a  point;  thence  south  sevent^'-two  de- 
grees and  eleven  minutes  east  (S.  72°  11'  E.)  one  hundred  and  fifty- 
nine  and  twenty-seven  one-hundredths  (159.27)  meters  to  a  point 
near  Calidonia  Bridge;  thence  north  three  degrees  and  eight  min- 
utes east  (N.  3°  8'  E.)  crossing  the  Panama  Railroad  Company's 
tracks  seventy-seven  and  three-tenths  (77.3)  meters  to  a  point  twelve 
and  two-tenths  (12.2)  meters  from  the  center  line  of  the  main  track 
of  the  said  Panama  Railroad;  thence  parallel  to  the  said  railroad  in 
a  north-westerly  direction,  two  hundred  and  ninety  and  five-tenths 
(290.5)  meters  to  a  point  on  the  present  boundary  line;  thence  north 
forty-nine  degrees,  thirteen  minutes  and  ten  seconds  west  (N.  49°  13' 
10"  W.)  and  one  hundred  and  sixty-five  and  thirty-seven  one- 
hundredths  (165.37)  meters  to  an  iron  rail  monument,  twelve  and 
three-tenths  meters  from  the  center  of  the  main  line  track  of  the 
Panama  Railroad;  thence  north  forty-six  degrees,  thirty-nine  min- 
utes and  thirty  seconds  west  (N.  46°  39'  30"  W.)  two  hundred  and 
twenty  and  four  one-hundredths  (220.04)  meters  to  a  Panama  Rail- 
road boundary  monument  twenty-two  and  one-tenth  (22.1)  meters 
from  the  center  line  of  Panama  Railroad  main  line  track;  thence 
north  forty-nine  degrees  and  fourteen  minutes  west  (N.  49°  14  W.) 
and  parallel  with  the  Panama  Railroad  track  two  hundred  and 
ninety  and  thirty-six  one-hundredths  (290.36)  meters  to  Rio  Curun- 
du;  thence  following  the  course  of  Rio  Curundu  upstream  to  a  point 
(marked  "  E  "  on  the  map)  where  the  said  Rio  Curundu  is  inter- 
sected by  a  straight  line  drawn  through  the  point  of  intersection  on 
the  canal  axis  (marked  "  Cocoli  "  on  the  map)  perpendicular  to  that 
part  of  the  Canal  axis  of  A.  D.  1906  which  extends  in  a  straight  line 

850 


TREATIES:  PANAMA— 1014 

southeasterly  from  the  said  point  marked  "  Cocoli  "  to  the  point  of 
intersection  (marked  "  Bay  "  on  the  map)  the  former  point  of  mter- 
section  beinjr  situated  between  Miraflores  and  Corozal,  and  the  latter 
point  in  Ancon  Harbor;  thence  from  "  E  "  north  sixty-three  degrees 
and  thirty  minutes  east  (N.  6:3°  30'  E.)  two  thousand  and  eight  and 
six-tenths  (2,008.6)  meters  to  a  concrete  monument  (marked  "  F  " 
on  the  map)  on  the  present  Iwundary  between  the  Canal  Zone  and 
the  Republic  of  Panama ;  thence  along  this  boundary  south  twenty- 
six  degrees  and  thirty-four  minutes  east  (S.  26°  34'  E.)  about  four 
thousand  seven  hundred  and  forty-four  and  five-tenths  (4,744.5) 
meters  to  monument  No.  99  and  thence  continuing  on  this  line  to  the 
shore  of  Panama  Bay  at  low  water  mark ;  thence  following  the  mean 
low  water  line  around  the  shore  of  Panama  Bay  to  a  point  on  the 
boundary  line  between  Panama  Harbor  and  Ancon  Harbor;  thence 
north  seventy-two  degrees,  fourteen  minutes  west  (N.  72°  14'  W.)  to 
a  monument  "A,"  the  point  of  beginning,  except  that  the  entire  area 
of  the  middle  island  on  the  map  called  Las  Tres  Hermanas  shall  be 
under  the  jurisdiction  of  the  United  States  of  America. 

Points  "A,"  "  B  "  and  "  C  "  above  referred  to,  are  the  same  points 
mentioned  in  the  original  agreement  between  the  Government  of  the 
Republic  of  Panama  and  the  Canal  Zone  Government,  dated  June 
15,  1904. 

All  bearings  in  this  description  and  on  the  map  mentioned  above 
are  referred  to  true  meridian  and  all  coordinates  are  in  accordance 
with  the  Panama-Colon  Datum. 

The  Government  of  Panama  agrees  that  the  portion  of  the  roadway 
now  existing  between  the  Ancon  Post  Office  and  the  Tivoli  Dis- 
pensary and  connecting  the  Tivoli  Road  with  the  roads  leading 
to  Balboa  and  the  Ancon  Hospital  grounds,  which  will  fall  within 
Panaman  jurisdiction  as  a  result  of  the  boundary  lines  established 
in  accordance  with  the  foregoing  description,  will  be  kept  open  and 
of  the  same  grade  as  same  now  is  and  will  be  maintained  in  good 
serviceable  condition  by  the  said  Government  of  Panama  so  that  it 
will  afford  a  free,  uninterrupted  and  unobstructed  permanent  public 
thoroughfare,  unless  in  the  future  provided  otherwise  by  the  mutual 
agreement  of  the  chief  executive  authorities  of  the  Republic  of 
Panama  and  the  Panama  Canal. 

IV. 

It  is  agreed  that  the  harbor  of  the  City  of  Panama  shall  include 
the  maritime  waters  in  front  of  the  City  of  Panama  lying  to  the 
north  and  east  of  a  line  beginning  at  a  concrete  monument  set  on 
"  Punta  Mala  "  marked  "A"  on  the  map  already  referred  to  in  this 
Convention,  and  running  south  seventy-two  degrees  and  fourteen 
minutes  east  (S.  72°  14'  E.)  through  the  middle  island  of  the  three 
islands  known  as  "Las  Tres  Hermanas,"  but  excluding  the  said 
middle  island,  and  extending  three  marine  miles  from  mean  low 
w^ater  mark  at  Punta  Mala ;  and  that  the  harbor  of  Ancon  shall  in- 
clude the  waters  lying  south  and  w^est  of  said  line,  but  including 
the  said  middle  island  which  shall  be  deemed  to  be  within  the  harbor 
of  Ancon.    The  said  middle  island  hereby  included  within  the  harbor 

851 


TREATIES:  PANAMA— 1914 

of  Ancon  is  situated  about  south  twelve  degrees,  thirty  minutes  west 
(S.  12°  30'  W.)  eight  hundred  and  fifty-six  (856)  meters  from  the 
point  of  Las  Bovedas  and  lies  in  latitude  north  eight  degrees,  fifty- 
six  minutes  (N.  8°  56')  plus  one  thousand  and  fifty-eight  and  eighty- 
eight  hundredths  (1.058.88)  meters  and  longitude  west  seventy-nine 
degrees,  thirty-two  minutes  (W.  79°  32')  plus  three  hundred  forty- 
two  and  six-tenths  (342.6)  meters,  the  datum  of  said  latitude  and 
longitude  being  what  is  generally  laiown  as  the  Panama-Colon 
Datum.    All  bearings  are  referred  to  true  meridian. 

The  foregoing  description  of  the  City  of  Panama  and  Panama 
Harbor  conform  to  the  accompanying  blue  print  marked  exhibit 

V. 

It  is  agreed  that  the  permanent  boundary  line  between  the  City 
of  Colon  and  the  Canal  Zone  shall  be  as  follows: 

Beginning  at  a  point  on  the  western  shore  of  Boca  Chica  (some- 
times called  Folks  River)  marked  "A"  on  the  map,  and  fifty  (50) 
meters  to  the  eastward  of  the  center  line  of  the  main  line  of  track 
of  the  Panama  Railroad;  thence  northward  and  northwestward, 
always  parallel  with  said  railroad  track,  and  at  a  uniform  distance  of 
fifty  (50)  meters  from  the  center  line  thereof  to  the  center  of  Bolivar 
Street  (sometimes  called  "  C "  street) ,  said  point  beng  marked 
"  B  "  on  the  map ;  thence  northerly  along  the  center  line  of  said 
Bolivar  Street,  to  the  center  line  of  Eleventh  Street,  this  point  of 
intersection  being  marked  "C"  on  the  map;  thence  westerly  along 
the  center  line  of  Eleventh  Street,  a  distance  of  one  hundred  sixty- 
two  and  fifty-three  hundredths  (162.53)  meters  to  a  cross  on  the 
sea  wall  along  Limon  Bay,  said  point  being  marked  "  D  "  on  the 
map;  thence  north  seventv-eight  degrees,  thirtv  minutes  and  thirt}'' 
seconds  west  (N.  78°  30'*^  30"  W.)  to  the  shore  of  Limon  Bay  at 
mean  low  water  mark;  thence  following  the  mean  low  water  line 
around  the  shore  in  a  northerly,  easterl}',  southerl3%  and  westerly 
direction  to  the  point  of  beginning,  except  that  at  the  site  of  the 
old  Colon  lighthouse  a  detour  is  made,  as  shown  on  the  map,  to 
exclude  an  area  of  land  to  be  used  as  the  site  for  a  United  States 
battery,  which  site  shall  be  deemed  to  be  within  the  Canal  Zone. 

The  site  for  a  United  States  battery  above  mentioned,  which  is  to 
be  included  within  the  jurisdiction  of  the  Canal  Zone,  is  described 
as  follows : 

The  initial  point  is  a  tack  in  a  stake  on  Colon  point,  situated  with 
reference  to  certain  prominent  points  as  follows:  South  forty-one 
degrees,  six  minutes  east  (S.  41°  6'  E.)  twenty-five  and  twenty-two 
one-hundredths  (25.22)  feet  from  the  southwest  interior  corner  of 
the  upper  pavement  of  the  swimming  pool;  south  eleven  degrees, 
thirty-seven  minutes  west  (S.  11°  37'  W.)  one  hundred  twenty-seven 
and  sixty-eight  one-hundredths  (127.68)  feet  from  a  cross  mark 
on  a  bolt  set  in  a  concrete  base  thirteen  and  nine-tenths  (13.9)  feet 
to  the  northeast  of  the  center  of  the  northeastern  edge  of  the  swim- 
ming pool;  south  thirty-five  degrees,  eighteen  minutes  west  (S.  35° 
18'  W.)  two  hundred  sixty-six  and  seventy-five  one-hundredths 
(266.75)  feet  from  the  northwestern  corner  of  the  Hotel  Washing- 

852 


TREATIES:  PANAMA— 191Jt 

ton;  and  north  sixty-eight  degrees,  twenty-nine  minutes  west  (N.  68° 
29'  W.),  five  hundred  forty-three  and  ninety-five  one-hundredths 
(543.95)  feet  from  the  cross  mark  on  a  rail  set  in  a  concrete  base  at 
a  point  where  the  south  building  line  of  Second  Street  intersects  the 
center  line  of  Bottle  Alley;  from  this  initial  point  south  forty-three 
degi-ees,  no  minutes  west  (S.  43°  00'  W.),  two  hundred  fifty-eight 
and  five-tenths  (258.5)  feet  to  a  point;  thence  north  forty-seven 
degrees,  no  minutes  west  (N.  47°  00'  W.)  ninety  and  sixty-four  one- 
hundredths  (90.64)  feet  to  a  point;  thence  by  a  curve  to  the  right 
with  a  radius  of  fifty-six  and  eighty-six  one-hundredths  (56.86)  feet 
and  a  central  angle  of  forty-five  degrees,  no  minutes  (45°  00'), 
fortj'^-four  and  sixty-six  one-hundredths  (44.66)  feet  to  a  point; 
thence  by  a  curve  to  the  right  with  a  radius  of  ninety-one  (91)  feet 
and  a  central  angle  of  forty-five  degrees,  no  minutes  (45°  00'), 
seventy-one  and  forty-seven  one-hundredths  (71.47)  feet  to  a  point; 
thence  north  forty-three  degrees,  no  minutes  east  (N.  43°  00'  E.), 
one  hundred  seventy-seven  and  five-tenths  (177.5)  feet  to  a  point; 
thence  south  forty-seven  degrees,  no  minutes  east  (S.  47°  00'  E.), 
one  hundred  fifty-seven  and  five-tenths  (157.5)  feet  to  the  point  of 
beginning,  containing  ninety-one  one-hundredths  (0.91)  acres,  more 
or  less.  AH  bearings  are  referred  to  true  meridian  (Panama-Colon 
Datum). 

VI. 

The  harbor  of  Colon  shall  consist  of  those  maritime  waters  lying 
to  the  westward  of  the  City  of  Colon  and  bounded  as  follows : 

The  southerly  boundary  of  the  harbor  of  Colon  is  in  a  line  running 
north  seventy-eight  degrees,  thirty  minutes  and  thirty  seconds  west 
(N.  78°  30'  30"  W.),  which  begins  at  a  cross  cut  in  the  concrete  sea 
wall  on  the  easterly  side  of  Limon  Bay  and  on  the  center  line  of 
Eleventh  Street,  Colon,  produced  westerly.  This  point  is  marked 
"  D  "  on  the  map  designated  exhibit  "  C."  Beginning  at  mean  low 
water  mark  on  Limon  Bay  on  the  above  described  line  the  boundary 
runs  northwesterly  along  said  line  to  a  point  in  Limon  Bay  marked 
"  E  "  on  the  map,  and  located  three  hundred  and  thirty  (330)  meters 
east  of  the  center  line  of  the  Panama  Canal;  thence  turning  to  the 
right  and  running  in  a  northerly  direction  the  line  runs  parallel  with 
the  above  mentioned  center  line  and  at  a  distance  of  three  hundred 
and  thirty  (330)  meters  easterly  therefrom  until  it  meets  an  imag- 
inary straight  line  drawn  through  the  lighthouse  on  Toro  Point 
having  a  bearing  of  south  seventy-eight  degrees  and  thirty  minutes 
and  thirty  seconds  east  (S.  78°  30'  30"  E.),  this  intersection  point 
being  marked  "F"  on  the  map;  thence  turning  to  the  right  and 
running  along  the  above-mentioned  line  south  seventy-eight  degrees, 
thirty  minutes  and  thirty  seconds  east  (S.  78°  30'  30"  E.)  to  a  point 
on  the  boundary  of  the  above-mentioned  site  for  the  LTnited  States 
battery;  thence  turning  to  the  right  and  running  along  the  said 
boundary  line  of  said  site  to  the  mean  low  water  line  of  Limon  Bay ; 
thence  turning  to  the  right  and  running  along  said  water  line  in 
a  generally  southerly  direction  to  the  point  of  beginning  at  the  foot 
of  Eleventh  Street. 

853 


TREATIES:  PANAMA— 1914 

All  bearings  in  this  description  and  on  the  plan  mentioned  above 
are  referred  to  true  meridian  (Panama-Colon  Datmn). 

The  foregoing  description  of  the  City  of  Colon  and  Colon  Harbor 
conform  to  the  accompanying  blue  print  marked  exhibit  "  C." 

VII. 

It  is  agreed  that  the  Republic  of  Panama  shall  have  an  easement 
over  and  through  the  waters  of  the  Canal  Zone  in  and  about  Limon 
and  Manzanillo  bays  to  the  end  that  vessels  trading  with  the  City 
of  Colon  may  have  access  to  and  exit  from  the  harbor  of  Colon,  sub- 
ject to  the  police  laws  and  quarantine  and  sanitary  rules  and  regu- 
lations of  the  United  States  and  of  the  Canal  Zone  established  for 
said  Avaters. 

The  United  States  also  agrees  that  small  vessels  may  land  at  the 
east  wall  which  extends  along  the  shore  to  the  south  of  the  foot  of 
Xinth  Street  and  recently  constructed  by  the  Panama  Railroad 
Company  in  the  harbor  of  Colon  free  of  any  wharfage  or  landing 
charges  that  might  otherwise  accrue  to  the  said  company  under  the 
terms  of  its  concessions  from  the  Government  of  Colombia ;  and  the 
United  States  further  agrees  that  it  will  construct  and  maintain  a 
landing  pier  in  a  small  cove  on  the  southerly  side  of  Manzanillo 
Island  in  the  northwesterly  portion  of  the  arm  of  the  sea  known 
as  Boca  Chica  (sometimes  called  Folks  River),  to  be  used  as  a  shel- 
ter harbor  for  small  coasting  boats  of  the  Republic  of  Panama, 
without  any  wharfage  or  other  landing  charges. 

VIII. 

Inasmuch  as  the  highway  known  as  the  "  Sabanas  Road  "  will 
come  entirely  within  the  bounds  of  the  City  of  Panama  under  this 
agreement  the  authorities  of  the  Canal  Zone  are  hereby  relieved  of 
the  duty  to  repair  and  maintain  such  road,  or  any  part  of  it,  and 
the  same  shall  be  done  henceforth  by  the  authorities  of  the  Republic 
at  their  cost  and  expense. 

IX. 

It  is  agreed  that  the  Republic  of  Panama  will  not  construct  nor 
allow  the  construction  of  any  railway  across  the  Sabanas  or  other 
territory  hereby  transferred  to  that  Republic  without  a  mutually 
satisfactory  agreement  having  been  previously  arrived  at  between 
the  two  governments;  and  this  shall  be  without  prejudice  to  any 
right  the  United  States  may  have  to  object  to  such  railway  pro- 
jection under  any  of  the  provisions  of  the  Canal  Treaty  of  Novem- 
ber 18,  1903.^^ 

X. 

The  contracting  parties  hereby  agree  that  this  Convention  shall 
not  diminish,  exhaust,  or  alter  any  rights  acquired  by  them  here- 
tofore in  conformity  with  the  Canal  Treaty  of  November  18,  1903; 

"  Ilay-Bunau  Varilla  Treaty,  Art.  V,  p.  839. 

854 


TREATIES:  PANAMA— 191.', 

and  it  is  further  expressly  agreed  that  the  United  States,  in  the 
exercise  of  the  rights  granted  to  it  under  articles  II  and  III  of  the 
said  Canal  Treaty  and  subject  to  article  VI  of  said  Treaty,  may  enter 
upon  and  use,  occupy,  and  control  the  whole  or  any  portion"  of  the 
Sabanas  land,  or  other  territory  hereby  transferred  to  the  Republic 
of  Panama,  as  the  same  may  be  necessary,  or  convenient,  for  the 
construction,  maintenance,  operation,  sanitation,  or  protection  of  the 
Canal  or  of  any  auxiliaiy  canals,  or  other  works  necessary  and  con- 
venient for  the  construction,  maintenance,  operation,  sanitation,  or 
protection  of  said  enterprise. 

XI. 

This  agreement  shall  not  be  construed  to  modify  the  rights  of  the 
authorities  of  the  Canal  Zone  to  employ  citizens  of  the  Republic  of 
Panama  residing  in  the  territory  of  the  Republic  as  provided  in 
section  V  of  the  above-mentioned  agreement  of  June  15,  1904,  and 
for  which  purpose  the  Government  of  the  Republic  granted  the 
permission  required  by  paragraph  2  of  article  7  of  the  Panamanian 
Constitution. 

XII. 

The  civil  and  criminal  cases  pending  in  the  courts  of  the  Canal 
Zone  and  the  Republic  of  Panama  at  the  time  of  the  execution  of 
this  Convention  shall  not  be  affected  hereby  but  the  same  shall  be 
proceeded  with  to  final  judgment  and  disposed  of  in  the  courts  where 
they  are  now  pending  as  though  this  agreement  had  not  been  entered 
into. 

XIII. 

The  exhibits  accompanying  this  agreement  are  signed  by  the  rep- 
resentatives of  the  respective  governments  for  identification.  This 
Convention,  when  signed  by  the  plenipotentiaries  of  the  high  con- 
tracting parties,  will  be  ratified  by  the  two  governments  in  con- 
formity with  their  respective  constitutional  laws,  and  the  ratifica- 
tions shall  be  exchanged  at  Panama  at  the  earliest  date  possible. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  the 
present  Convention  in  duplicate  and  have  hereunto  affixed  their 
respective  seals. 

Done  at  the  City  of  Panama,  the  second  day  of  September,  in  the 
year  of  our  Lord,  nineteen  hundred  and  fourteen. 

[seal..]  William  Jennings  Price. 

[seal.]  E.  T.  Lefevre. 

PANAMA— 1914 

PROTOCOL  OF  AN  AGREEMENT  RELATING  TO  NEUTRALITY 

Signed  at  Washington  October  10^  I9IJ4. 

Protocol  of  an  agreement  concluded  between  Honorable  Robert 
Lansing,  Acting  Secretary  of  State  of  the  United  States,  and  Don 
Eusebio  A.  Morales,  Envoy  Extraordinary  ar-^  ]^^^'"ister  Plenipoten- 

855 


TREATIES:  PANAMA— 1926 

tiary  of  the  Republic  of  Panama,  signed  the  tenth  day  of  October, 
1914. 

The  undersigned,  the  Acting  Secretary  of  State  of  the  United 
States  of  America  and  the  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  the  Republic  of  Panama,  in  view  of  the  close  associa- 
tion of  the  interests  of  their  respective  Governments  on  the  Isthmus 
of  Panama,  and  to  the  end  that  these  interests  may  be  conserved  and 
that,  when  a  state  of  war  exists,  the  neutral  obligations  of  both  Gov- 
ernments as  neutrals  may  be  maintained,  after  having  conferred  on 
the  subject  and  being  duly  empowered  by  their  respective  Govern- 
ments, have  agreed : 

That  hospitality  extended  in  the  waters  of  the  Republic  of  Panama 
to  a  belligerent  vessel  of  war  or  a  vessel  belligerent  or  neutral, 
whether  armed  or  not,  which  is  employed  by  a  belligerent  power  as  a 
transport  or  fleet  auxiliary  or  in  any  other  way  for  the  direct  purpose 
of  prosecuting  or  aiding  hostilities,  whether  by  land  or  sea,  shall 
serve  to  deprive  such  vessel  of  like  hospitality  in  the  Panama  Canal 
Zone  for  a  period  of  three  months,  and  vice  versa. 

In  testimony  whereof,  the  undersigned  have  signed  and  sealed  the 
present  Protocol  in  the  city  of  Washington  this  tenth  day  of  October, 
1914. 

Robert  Lansing,  [l.  s.] 

EusEBio  A.  Morales    [l.  s.] 

PANAMA— 1926 
CLAIMS  CONVENTION 

Sic/ned  at  Washington  J\iy  28^  1926;  rat'i-flcatioii  advised  hy  the 
Senate.  January  26,  1929;  ratified  by  the  Pr^esident  Septetnher  11, 
1931;  ratified  hy  Panama  September  25,  1931;  ratifications  ex- 
changed at  Washington  October  3,  1931;  proclaimed  October  6, 
1931 

[47  Stat.  L.  1915] 
ARTICLES 


I.  Claims  iucluded  ;  constitution  of  Com- 
mission. 
II.  Organization    and    meetings    of    Com- 
mission. 

III.  Proceedings  of  Commission. 

IV.  Record    of    proceedings ;     Secretaries 

and  assistants. 
V.  Exhaustion  of  legal  remedies  not  con- 
dition precedent. 


VI.  Time     of     filing     and     adjudicating 

claims  ;  reports. 
VII.  Finality    of   proceedings    of   Commis- 
sion. 
VIII.  Payment    of    balance    between    total 
awards. 
IX.   Expenses  of  Commission. 
X.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Panama,  desir- 
ing to  settle  and  adjust  amicably  claims  by  the  citizens  of  each 
country  against  the  other,  have  decided  to  enter  into  a  Convention 
with  this  object,  and  to  this  end  have  nominated  as  their  plenipo- 
tentiaries : 

The  President  of  the  United  States  of  America,  The  Honorable 
Frank  B.  Kellogg,  Secretary  of  State  of  the  United  States  of  Amer- 
ica; and 

The  President  of  the  Republic  of  Panama,  The  Honorable  Doctor 
Ricardo  J.  Alfaro,  Envoy  Extraordinary  and  Minister  Plenipoten- 


856 


TREATIES:  PANAMA— 1926 

tiary  of  Panama  to  the  United  States  and  the  Honoiuble  Doctor 
Eusebio  A.  Morales,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  Panama  on  special  mission ; 

Who,  after  having  communicated  to  each  other  their  ri^npective  full 
powers  found  to  be  in  due  and  proper  form,  have  agreed  upon  the 
following  articles : 

Article  I 

All  claims  against  the  Kepublic  of  Panama  arising  since  November 
3,  1903,  except  the  so-called  Colon  Fire  Claims  hereafter  referred 
to,  and  which  at  the  time  they  arose  were  those  of  citizens  of  the 
United  States  of  America,  whether  corporations,  companies,  asso- 
ciations, partnerships  or  individuals,  for  losses  or  damages  suffered 
by  persons  or  by  their  properties,  and  all  claims  against  the  United 
States  of  America  arising  since  November  3,  1903,  and  which  at  the 
time  they  arose  were  those  of  citizens  of  the  Republic  of  Panama, 
whether  corporations,  companies,  associations,  partnerships  or  indi- 
viduals, for  losses  or  damages  suffered  by  persons  or  by  their  prop- 
erties; all  claims  for  Jesses  or  damages  suffered  by  citizens  of  either 
country,  by  reason  of  losses  or  damages  suffered  by  any  corporation, 
company,  association  or  partnership,  in  which  such  citizens  have  or 
have  had,  a  substantial  and  bona  fide  interest,  provided  an  allotment 
to  the  claimant  by  the  corporation,  company,  association  or  partner- 
ship, of  his  proportion  of  the  loss  or  damage  suffered  is  presented  by 
the  claimant  to  the  Commission ;  and  all  claims  for  losses  or  damage 
originating  from  acts  of  officials  or  others  acting  for  either  Govern- 
ment, and  resulting  in  injustice,  and  which  claims  may  have  been 
presented  to  either  Government  for  its  interposition  with  the  other, 
and  which  have  remained  unsettled,  as  well  as  any  other  such  claims 
which  may  be  filed  by  either  Government  within  the  time  hereinafter 
specified,  shall  be  submitted  to  a  Commission  consisting  of  three 
members  for  decision  in  accordance  with  the  principles  of  inter- 
national law,  justice  and  equity.  As  an  exception  to  the  claims  to 
be  submitted  to  such  Commission,  unless  by  later  specific  agreement 
of  the  two  Contracting  Parties,  are  claims  for  compensation  on  ac- 
count of  damages  caused  in  the  manner  set  forth  in  Article  VI  of  the 
Treaty  of  November  18,  1903,  ^~  for  the  construction  of  the  Panama 
Canal,  which  shall  continue  to  be  heord  and  decided  by  the  Joint 
Commission  provided  for  in  that  Article  of  the  Treaty. 

With  regard  to  the  exception  above  made  respecting  the  claims 
for  losses  suffered  by  American  citizens  as  a  result  of  the  fire  that 
occurred  in  the  City  of  Colon  on  March  31,  1885,  the  Government  of 
Panama  agrees  in  principle  to  the  arbitration  of  such  claims  under 
a  Convention  to  which  the  Republic  of  Colombia  shall  be  invited 
to  become  a  party  and  which  shall  provide  for  the  creation  or 
selection  of  an  arbitral  tribunal  to  determine  the  following  ques- 
tions: First,  whether  the  Republic  of  Colombia  incurred  any  lia- 
bility for  losses  sustained  by  American  citizens  on  account  of  the 
fire  that  took  place  in  the  City  of  Colon  on  the  31st  of  Marcli  1885 : 
and,  second,  in  case  it  should  be  determined  in  the  arbitration  that 

"For.  Art.  VI  of  Treaty,  see  p.  841. 

93083—34 55  857 


TREATIES:  PANAMA— 1926 

there  is  an  original  liability  on  the  part  of  Colombia,  to  what 
extent,  if  any,  tlie  Republic  of  Panama  has  succeeded  Colombia  in 
such  liability  on  account  of  her  separation  from  Colombia  on  Novem- 
ber 3,  1903,  and  the  Government  of  Panama  agrees  to  cooperate 
with  the  Government  of  the  United  States  by  means  of  amicable 
representations  in  the  negotiation  of  such  arbitral  agreement  between 
the  three  Countries. 

The  hearing  and  adjudication  of  particular  claims  in  accordance 
with  their  merits  in  order  to  determine  the  amount  of  damages  to 
be  paid,  if  any,  in  case  a  liability  is  found,  shall  take  place  before 
a  special  tribunal  to  be  constituted  in  such  form  as  the  circumstances 
created  by  the  tri-partite  arbitration  shall  demand. 

As  a  specific  exception  to  the  limitation  of  the  claims  to  be  sub- 
mitted to  the  Commission  against  the  United  States  of  America  it 
is  agreed  that  there  shall  be  submitted  to  the  Commission  the  claims 
of  Abbondio  Caselli,  a  Swiss  citizen,  or  the  Government  of  Panama, 
and  Jose  C.  Monteverde,  an  Italian  subject,  or  the  Government  of 
Panama,  as  their  respective  interests  in  such  claims  may  appear, 
these  claims  having  arisen  from  land  purchased  by  the  Govermnent 
of  Panama  from  the  said  Caselli  and  Monteverde  and  afterwards 
expropriated  by  the  Government  of  the  United  States,  and  having 
formed  in  each  case  the  subject  matter  of  a  decision  by  the  Supreme 
Court  of  Panama. 

The  Commission  shall  be  constituted  as  follows :  One  member  shall 
be  appointed  by  the  President  of  the  United  States;  one  by  the 
President  of  the  Republic  of  Panama ;  and  the  third,  who  shall  pre- 
side over  the  Commission,  shall  be  selected  by  mutual  agreement  be- 
tween the  two  Governments.  If  the  two  Governments  shall  not 
agree  within  two  months  from  the  exchange  of  ratifications  of  this 
Convention  in  naming  such  a  third  member,  then  he  shall  be  desig- 
nated by  the  President  of  the  Permanent  Administrative  Council  of 
the  Permanent  Court  of  Arbitration  at  The  Hague  described  in 
Article  49  of  the  Convention  for  the  Pacific  Settlement  of  Interna- 
tional Disputes  concluded  at  The  Hague  October  18,  1907.  In  case 
of  the  death,  absence  or  incapacity  of  any  member  of  the  Commission, 
or  in  the  event  of  the  member  omitting  or  ceasing  to  act  as  such,  the 
same  procedure  shall  be  followed  for  filling  the  vacancy  as  was  fol- 
lowed in  appointing  him. 

Article  II 

The  Commissioners  so  named  shall  meet  at  Washington  for  organi- 
zation within  six  months  after  the  exchange  of  ratifications  of  this 
Convention,  and  each  member  of  the  Commission  before  entering 
upon  his  duties,  shall  make  and  subscribe  a  solemn  declaration  stat- 
ing that  he  will  carefully  and  impartially  examine  and  decide  ac- 
cording to  the  best  of  his  judgment  and  in  accordance  with  the 
principles  of  international  law,  justice  and  equity,  all  claims  pre- 
sented for  his  decision,  and  such  declaration  shall  be  entered  upon 
the  record  of  the  proceedings  of  the  Commission. 

The  Commission  may  fix  the  time  and  place  of  its  subsequent  meet- 
ings, either  in  the  United  States  or  in  Panama  as  may  be  convenient, 
subject  always  to  the  special  instructions  of  the  two  Governments. 

858 


TREATIES:  PANAMA— 1926 
Article  III 

The  Commission  shall  have  authority  by  the  decision  of  the  ma- 
jority of  its  members  to  adopt  such  rules  for  its  proceedings  as  may 
be  deemed  expedient  and  necessary,  not  in  conflict  with  any  of  the 
provisions  of  this  Convention. 

Each  Government  may  nominate  agents  or  counsel  who  will  be 
authorized  to  present  to  the  Commission  orally  or  in  writing,  all 
the  arguments  deemed  expedient  in  favor  of  or  against  any  claim. 
The  agents  or  counsel  of  either  Government  may  offer  to  the  Com- 
mission any  documents,  affidavits,  interrogatories  or  other  evidence 
desired  in  favor  of  or  against  any  claim  and  shall  have  the  right  to 
examine  witnesses  under  oath  or  affirmation  before  the  Commission, 
in  accordance  with  such  rules  of  procedure  as  the  Commission  shall 

adopt.  -.    ,      ^ 

The  decision  of  the  majority  of  the  members  of  the  Commission 
shall  be  the  decision  of  the  Commission. 

The  language  in  which  the  proceedings  shall  be  conducted  and  re- 
corded shall  be  English  or  Spanish. 

Article  IV 

The  Commission  shall  keep  an  accurate  record  of  the  claims  and 
cases  submitted,  and  minutes  of  its  proceedings  with  the  dates  there- 
of. To  this  end,  each  Government  may  appoint  a  Secretary ;  those 
Secretaries  shall  act  as  joint  Secretaries  of  the  Commission  and  shall 
be  subject  to  its  instructions.  Each  Government  may  also  appoint 
and  employ,  any  necessary  assistant  secretaries  and  such  other  assist- 
ants as  may  be  deemed  necessary.  The  Commission  may  also  appoint 
and  employ  any  other  persons  necessary  to  assist  in  the  performance 
of  its  duties. 

Article  V 

The  High  Contracting  Parties  being  desirous  of  effecting  an  equi- 
table settlement  of  the  claims  of  their  respective  citizens,  thereby 
affording  them  just  and  adequate  compensation  for  their  losses  or 
damages,  agree  that  no  claim  shall  be  disallowed  or  rejected  by  the 
Commission  through  the  application  of  the  general  principle  of  inter- 
national law  that  the  legal  remedies  must  be  exhausted  as  a  condition 
precedent  to  the  validity  or  allowance  of  any  claim. 

Artiole  VI 

Every  such  claim  for  loss  or  damage  accruing  prior  to  the  signing 
of  this  Convention,  shall  be  filed  with  the  Commission  within  four 
months  from  the  date  of  its  first  meeting,  unless  in  any  case  reasons 
for  the  delay,  satisfactory  to  the  majority  of  the  Commissioners,  shall 
be  established,  and  in  any  such  case  the  period  for  filing  the  claim 
may  be  extended  not  to  exceed  two  additional  months. 

The  Commission  shall  be  bound  to  hear,  examine  and  decide,  within 
one  year  from  the  date  of  its  first  meeting,  all  the  claims  filed.^^ 

"This  paragraph  amended  by  Art.  I,  p.  861. 

869 


TREATIES:  PANAMA— 1926 

Three  months  after  the  date  of  the  first  meeting  of  the  Commis- 
sioners and  every  three  months  thereafter,  the  Commission  shall  sub- 
mit to  each  Government  a  report  setting  forth  in  detail  its  work  to 
date,  including  a  statement  of  the  claims  filed,  claims  heard  and 
claims  decided.  The  Commission  shall  be  bound  to  decide  any  claim 
heard  and  examined,  v/ithin  six  months  after  the  conclusion  of  the 
hearing  of  such  claim  and  to  record  its  decision. 

Article  VII 

The  High  Contracting  Parties  agree  to  consider  the  decision  of  the 
Commission  as  final  and  conclusive  upon  each  claim  decided,  and  to 
give  full  effect  to  such  decisions.  They  further  agree  to  consider  the 
result  of  the  proceedings  of  the  Commission  as  a  full,  perfect  and 
final  settlement  of  ever}'  such  claim  upon  either  Government,  for  loss 
or  damage  sustained  prior  to  the  exchange  of  the  ratifications  of  the 
present  Convention.  And  they  further  agree  that  every  such  claim, 
whether  or  not  filed  and  presented  to  the  notice  of,  made,  preferred 
or  submitted  to  such  Commission,  shall  from  and  after  the  conclusion 
of  the  proceedings  of  the  Commission,  be  considered  and  treated  as 
fully  settled,  barred,  and  thenceforth  inadmissible,  provided  in  the 
case  of  the  claims  filed  with  the  Commission  that  such  claims  have 
been  heard  and  decided. 

This  provision  shall  not  apply  to  the  so-called  Colon  Fire  Claims, 
which  will  be  disposed  of  in  the  manner  provided  for  in  Article  I  of 
this  Convention. 

Article  VIII 

The  total  amount  awarded  in  all  the  cases  decided  in  favor  of  the 
citizens  of  one  country  shall  be  deducted  from  the  total  amount 
awarded  to  the  citizens  of  the  other  country,  and  the  balance  shall 
be  paid  at  the  City  of  Panama  or  at  Washington,  in  gold  coin  or  its 
equivalent  within  one  year  from  the  date  of  the  final  meeting  of  the 
Commission,  to  the  Government  of  the  country  in  favor  of  whose 
citizens  the  greater  amount  may  have  been  awarded.^'' 

Article  IX 

Each  Government  shall  pay  its  own  Commissioner  and  bear  its  own 
expenses.  The  expenses  of  the  Commission  including  the  salary  of 
the  third  Commissioner  shall  be  defrayed  in  equal  proportions  by  the 
two  Governments. 

Article  X 

The  present  Convention  shall  be  ratified  by  the  Hifjh  Contracting 
Parties  in  accordance  with  their  respective  Constitutions,  Ratifica- 
tions of  this  Convention  shall  be  exchanged  in  Washington  as  soon 
as  practicable  and  the  Convention  shall  take  effect  on  the  date  of  the 
exchange  of  ratifications. 


"This  article  amended  by  Article  II,  p.  862. 

860 


TREATIES:  PANAMA— 1932 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed 
and  affixed  their  seals  to  this  Convention. 

Done  in  duplicate  in  Washington  this  twenty-eighth  day  of  July 

am. 

[seal]     Frank  B  Kellogg 

[seal]     R.  J.  Alfaro 

J  seal]     Eusebio  a  Morales 

PANAMA— 1932 

CONVENTION  MODIFYING   CLAIMS   CONVENTION   OF  JULY   28.   1926 

Signed  at  Panmna  December  17,  1932;  7'ati-fiGation  advised  by  the 
Senate  Februanj  18,  1933;  ratified  by  the  President  February  23, 
1933;  ratified  by  Panama  March  20,  1933;  ratifications  exchanged 
at  Panama  March  25,  1933;  proclaimed  March  30,  1933 

articles 


I.  Time  of  hearing  and  deciding  claims. 
II.  Payment     of     balance     between     total 
awards. 


III.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Panama  desir- 
ing to  modify  certain  provisions  of  a  Convention  for  the  settlement 
and  amicable  adjustment  of  claims  presented  by  the  citizens  of  each 
country  against  the  other,  signed  at  Washington  July  28,  1926,^^  have 
decided  to  conclude  a  Convention  for  that  purpose  and  have  nomi- 
nated as  their  plenipotentiaries: 

The  President  of  the  United  States  of  America,  Mr.  Roy  Tasco 
Davis,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  to  Panama;  and 

The  President  of  the  Republic  of  Panama,  His  Excellency  Doctor 
J.  Demostenes  Arosemena,  Secretary  for  Foreign  Affairs  of  the 
Republic  of  Panama; 

Who  after  having  communicated  to  each  other  their  respective  full 
powers  found  to  be  in  due  and  proper  form,  have  agreed  upon  the 
following  articles: 

Article  I. 

The  second  paragraph  of  Article  VI  of  the  Convention  between  the 
United  States  of  America  and  the  Republic  of  Panama  for  the  settle- 
ment and  amicable  adjustment  of  claims  by  citizens  of  each  country 
against  the  other,  signed  at  Washington  July  28,  1926,  is  amended 
to  read  as  follows : 

The  Commission  shall  be  bound  to  hear,  examine  and  decide, 
before  July  1,  1933,  all  the  claims  filed  on  or  before  October 
1,  1932.^« 


"For  Convention  of  July  28,  1926,  see  p.  856. 
"For  article  amended,  see  p.  859. 


TREATIES:  PANAMA— 19S2 

Aeticle  II. 

Article  VIII  of  the  CLaims  Convention  signed  at  Washington  on 
July  28,  1926,  by  Plenipotentiaries  of  the  United  States  of  America 
and  the  Republic  of  Panama  is  amended  to  read  as  follows : 

The  total  amount  awarded  in  all  the  cases  decided  in  favor 
of  the  citizens  of  one  country  shall  be  deducted  from  the  total 
amount  awarded  to  the  citizens  of  the  other  countrj^  and  the 
balance  shall  be  paid  at  the  city  of  Panama  or  at  Washington, 
in  gold  coin  or  its  equivalent  the  first  of  July,  1936,  or  before, 
to  the  Government  of  the  country  in  favor  of  whose  citizens 
the  greater  amount  may  have  been  awarded.^^ 

Article  III. 

The  present  Convention  shall  be  ratified  by  the  High  Contracting 
Parties  in  accordance  with  their  respective  Constitutions.  Ratifica- 
tions of  this  Convention  shall  be  exchanged  in  Panama  as  soon  as 
practicable  and  the  Convention  shall  take  effect  on  the  date  of  the 
exchange  of  ratifications. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
and  affixed  their  seals  to  this  Convention. 

Done  in  duplicate  in  Panama  this  seventeenth  day  of  December, 
1932. 

[seal]     Roy  T.  Da\^s 

J  D  Arosemena     [seal] 

PANAMA— 1932 

CONVENTION    REGULATION    TRANSIT    OF    ALCOHOLIC    LIQUORS    THROUGH    THE 

CANAL  ZONE 

SigTied  at  Panmna  March  IJf,  1932;  ratiiication  admsed  hy  the 
Senate  June  18^  1932;  ratified  hy  the  President  June  ^^,  1932; 
ratified  hy  Panama  March  20,  1933;  ratifications  exchanged  at 
Panama  March  26, 1933;  proclaimed  April  7,  1933 

ARTICLES 


I.  Transit    of    alcoholic    liquors    through 
Canal  Zone. 


II.   Status,    modification    and    termination 

of  Article  I. 
III.  Ratification. 


The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Panama  desiring,  in  accordance  with  the  provi- 
sions of  Article  V  of  the  Convention  between  the  United  States  of 
America  and  the  Republic  of  Panama  for  the  Prevention  of  Smug- 
gling of  Intoxicating  Liquors,  signed  at  Washington,  June  6,  1924,^* 
to  modify  the  said  Convention  by  adding  to  it  an  article  which  shall 
regulate  transit  through  the  territory  of  the  Canal  Zone,  referred  to 
in  Article  VI  of  the  Treaty  signed  at  Washington,  on  November 
18,  1903,'^  with  respect  to  the  shipment  of  alcoholic  liquors  from 
cme  point  in  the  Republic  of  Panama  to  another  point  in  the  Repub- 

"  For  article  amended,  see  p.  860. 

"  Kor  said  Convention  of  June  6,  1924,  see  43  Statutes  at  Large,  p.  1875. 

"  For  said  Art.  VI,  see  p.  841. 

8(>ii 


TREATIES:  PANAMA— 1932 

lie  of  Panama,  have  decided  to  conclude  a  convention  for  that  pur- 
pose and  have  appointed  as  their  plenipotentiaries : 

The  President  of  the  United  States  of  America,  Mr.  Roy  T.  Davis, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America  to  the  Republic  of  Panama ;  and 

The  President  of  the  Republic  of  Panama,  His  Excellency  Enrique 
Geenzier,  Secretary  for  Foreign  Affairs; 

Who,  having  communicated  their  full  powers  found  in  good  and 
due  form,  have  agreed  as  follows: 

Article  I 

No  penalty  or  forfeiture  under  the  laws  of  the  United  States  of 
America  shall  be  applicable  or  attach  to  alcoholic  liquors  or  to  ve- 
hicles or  persons  by  reason  of  the  carriage  of  such  liquors  when  they 
are  in  transit  under  seal  and  under  certificate  by  Panamanian  au- 
thority from  the  terminal  ports  of  the  Canal  to  the  cities  of  Pan- 
ama or  Colon  or  from  the  cities  of  Panama  or  Colon  to  the  terminal 
ports  of  the  Canal  when  said  liquors  are  intended  for  exportation, 
or  between  the  cities  of  Panama  or  Colon  and  any  other  points  of 
the  Republic  or  between  any  two  points  of  the  territory  of  the 
Republic  when  in  any  of  these  cases  the  direct  or  natural  means  of 
communication  is  through  Canal  Zone  territory  and  provided  that 
such  liquors  remain  under  the  said  seals  and  certificates  while  they 
are  passing  through  Canal  Zone  territory. 

Article  II 

Article  I  of  the  present  convention  shall  be  deemed  to  constitute  an 
integral  part  of  the  convention  of  June  6,  1924,  and  as  such  shall 
be  subject  to  the  provisions  of  that  convention  regarding  modifica- 
tion and  termination. 

If  the  substance  of  Article  I  of  the  present  convention  be  in- 
corporated in  any  treaty  which  may  hereafter  be  concluded  between 
the  United  States  of  America  and  the  Republic  of  Panama,  the  pres- 
ent convention  shall  automatically  lapse  when  such  treaty  shall  come 
into  force. 

Article  III 

The  present  convention  shall  be  ratified  by  the  High  Contracting 
Parties  in  accordance  with  the  requirements  of  the  constitutions  of 
the  United  States  of  America  and  the  Republic  of  Panama,  re- 
spectively, and  the  ratifications  shall  be  exchanged  at  Panama  as 
soon  as  possible.  The  convention  shall  enter  into  force  on  the  date 
of  the  exchange  of  ratifications. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  in  duplicate,  in  the  English  and  Spanish 
languages,  both  of  which  shall  be  authentic,  and  have  hereunto 
affixed  their  seals. 

Done  in  the  City  of  Panama  this  fourteenth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  thirty-two. 
Roy  T.  Davis  Enrique  Geenzier 

[seal]  [sf^t,] 

863 


TREATIES:  COLOMBIA— 1914 
COLOMBIA— 1914 

TREATY    FOR    THE    SETTLEMENT    OF    DIFFERENCES    ARISING    OUT    OF    EVENTS 
WHICH  TOOK  PLACE  ON  THE  ISTHMUS  OF  PANAMA  IN  NOVEMBER,   1903 

Signed  at  Bogota  April  6,  19Ji;  ratification  advised  by  the  Senate 
lolth  amendments  Api^il  20^  1921 ;  rati^ed  hy  the  President  Januai^ 
11^  1922;  ratified  hy  Colombia  March  1,  1922;  ratificatioiis 
exchanged  at  Bogota,  March  1,  1922;  proclaimed  March  30,  1922 

[42  Stat.   L.   2122] 
AEHCLES 


I.  Rights  of  Colombia   in   respect  to   the 
Interoceanic  canal  and  Tanama  Rail- 
way. 
II.  United      States      to      pay      Colombia 
125,000,000. 


III.  Colombia  recognizes  independence  of 
i'auama  ;  United  States  to  take  steps 
to  establish  relations  between  Co- 
lombia and  Panama. 

IV.  Ratification. 


The  United  States  of  America  and  the  Kepubhc  of  Colombia,  being 
desirous  to  remove  all  the  misunderstandings  growing  out  of  the 
political  events  in  Panama  in  November,  1903;  to  restore  the  cordial 
friendship  that  formerly  characterized  the  relations  between  the 
two  countries,  and  also  to  define  and  regulate  their  rights  and  inter- 
ests in  respect  of  the  interoceanic  canal  which  the  Government  of 
the  United  States  has  constructed  across  the  Isthmus  of  Panama, 
have  resolved  for  this  purpose  to  conclude  a  Treaty  and  have  accord- 
ingly appointed  as  their  Plenipotentiaries: 

His  Excellency  the  President  of  the  United  States  of  America, 
Thaddeus  Austin  Thompson,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America  to  the  Government 
of  the  Republic  of  Colombia;  and 

His  Excellency  the  President  of  the  Republic  of  Colombia,  Fran- 
cisco Jose  Urrutia,  Minister  for  Foreign  Affairs;  Marco  Fidel  Suarez, 
First  Designate  to  exercise  the  Executive  Power ;  Nicolas  Esguerra, 
Ex-Minister  of  State;  Jose  Maria  Gonzalez  Valencia,  Senator; 
Rafael  Uribe  Uribe,  Senator;  and  Antonio  Jose  Uribe,  President  of 
the  House  of  Representatives; 

Who,  after  communicating  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  upon  the  following: 

Article  I. 

The  Republic  of  Colombia  shall  enjoy  the  following  rights  in 
respect  to  the  interoceanic  Canal  and  the  Panama  Railway,  the  title 
to  which  is  now  vested  entirely  and  absolutely  in  the  United  States 
of  America,  without  any  incumbrances  or  indemnities  whatever. 

1. — The  Republic  of  Colombia  shall  be  at  liberty  at  all  times  to 
transport  through  the  interoceanic  Canal  its  troops,  materials  of 
war  and  ships  of  war,  without  paying  any  charges  to  the  United 
States.^o 

2. — The  products  of  the  soil  and  industry  of  Colombia  passing 
through  the  Canal,  as  well  as  the  Colombian  mails,  shall  be  exempt 


^''Tliis  (laiisc  modified  by  Protocol  of  Exchange,  p.  860. 


864 


TREATIES:  COLOMBIA— 191. >, 

I'rom  any  charge  or  duty  other  than  those  to  which  the  products 
and  mails  of  the  United  States  may  be  subject.  The  products  of 
the  soil  and  industry  of  Colombia,  such  as  cattle,  salt  and  provisions, 
shall  be  admitted  to  entry  in  the  Canal  Zone,  and  likewise  in  the 
islands  and  mainland  occupied  or  which  may  be  occupied  by  the 
United  States  as  auxiliary  and  accessory  thereto,  without  paying 
other  duties  or  charges  than  those  payable  by  similar  products  of 
the  United  States. 

3. — Colombian  citizens  crossing  the  Canal  Zone  shall,  upon  pro- 
duction of  proper  proof  of  their  nationality,  be  exempt  from  every 
toll,  tax  or  duty  to  which  citizens  of  the  United  States  are  not 
subject. 

4. — Whenever  traffic  by  the  Canal  is  interrupted  or  whenever  it 
shall  be  necessary  for  any  other  reason  to  use  the  railway,  the  troops, 
materials  of  war,  products  and  mails  of  the  Republic  of  Colombia, 
as  above  mentioned,  shall  be  transported  on  the  Railway  between 
Ancon  and  Cristobal  or  on  any  other  Railway  substituted  therefor, 
paying  only  the  same  charges  and  duties  as  are  imposed  upon  the 
troops,  materials  of  war,  products  and  mails  of  the  United  States. 
The  officers,  agents  and  employees  of  the  Government  of  Colombia 
shall,  upon  production  of  proper  proof  of  their  official  character 
or  their  employment,  also  be  entitled  to  passage  on  the  said  Railway 
on  the  same  terms  as  officers,  agents  and  employees  of  the  Govern- 
ment of  the  United  States. 

5. — Coal,  petroleum  and  sea  salt,  being  the  products  of  Colombia, 
for  Colombian  consumption  passing  from  the  Atlantic  coast  of 
Colombia  to  any  Colombian  port  on  the  Pacific  coast,  and  vice  versa, 
shall,  whenever  traffic  by  the  Canal  is  interrupted,  be  transported 
over  the  aforesaid  Railway  free  of  any  charge  except  the  actual  cost 
of  handling  and  transportation,  which  shall  not  in  any  case  exceed 
one  half  or  the  ordinary  freight  charges  levied  upon  similar  prod- 
ucts of  the  United  States  passing  over  the  Railway  and  in  transit 
from  one  port  to  another  of  the  United  States. 

Article  II. 

The  Government  of  the  United  States  of  America  agrees  to  pay 
at  the  City  of  Washington  to  the  Republic  of  Colombia  the  sum  of 
twenty-five  million  dollars,  gold,  United  States  money,  as  follows: 
The  sum  of  five  million  dollars  shall  be  paid  within  six  months  after 
the  exchange  of  ratifications  of  the  present  treaty,  and  reckoning 
from  the  date  of  that  payment,  the  remaining  twenty  million  dollars 
shall  be  paid  in  four  annual  installments  of  five  million  dollars  each. 

Article  III. 

The  Republic  of  Colombia  recognizes  Panama  as  an  independent 
nation  and  taking  as  a  basis  the  Colombian  Law  of  June  9,  1855, 
agrees  that  the  boundary  shall  be  the  following :  From  Cape  Tiburon 
to  the  headwaters  of  the  Rio  de  la  Miel  and  following  the  mountain 
chain  by  the  ridge  of  Gandi  to  the  Sierra  de  Chugargun  and  that 
of  Mali  going  down  by  the  ridges  of  Nigue  to  the  heights  of  Aspave 

865 


TREATIES:  COLOMBIA— 19U 

and  from  thence  to  a  point  on  the  Pacific  half  way  between  Cocalito 
and  La  Ardita. 

In  consideration  of  this  recognition,  the  Government  of  the  United 
States  will,  immediately  after  the  exchange  of  the  ratifications  of 
the  present  Treaty,  take  the  necessary  steps  in  order  to  obtain  from 
the  Government  of  Panama  the  despatch  of  a  duly  accredited  agent 
to  negotiate  and  conclude  with  the  Government  of  Colombia  a  Treaty 
of  Peace  and  Friendship,  with  a  view  to  bring  about  both  the  estab- 
lishment of  regular  diplomatic  relations  between  Colombia  and 
Panama  and  the  adjustment  of  all  questions  of  pecuniary  liability 
as  between  the  two  countries,  in  accordance  with  recognized  prin- 
ciples of  law  and  precedents. 

Article  IV. 

The  present  Treaty  shall  be  approved  and  ratified  by  the  High 
Contracting  Parties  in  conformity  with  their  respective  laws,  and  the 
ratifications  thereof  shall  be  exchanged  in  the  city  of  Bogota,  as  soon 
as  may  be  possible. 

In  faith  whereof,  the  said  Plenipotentiaries  have  signed  the  pres- 
ent Treaty  in  duplicate  and  have  hereunto  aflSxed  their  respective 
seals. 

Done  at  the  city  of  Bogota,  the  sixth  day  of  April  in  the  year  of 
our  Lord  nineteen  hundred  and  fourteen. 

[seal.]  Thaddeus  Austin  Thompson 

[seal.]  Francisco  Jose  Urrutia 

[seal.]  Marco  Fidel  Suarez 

[seal.]  Nicolas  Esguerra 

[seal.]  Jose  M.  Gonzalez  Valencia 

[seal.]  Rafael  Uribe  Uribe 

[seal.]  Antonio  Jose  Uribe 

PROTOCOL  OF  EXCHANGE. 

The  undersigned  Plenipotentiaries  having  met  for  the  purpose  of 
exchanging  the  ratifications  of  the  Treaty  signed  at  Bogota,  on  April 
6,  1914,  between  the  United  States  of  America  and  Colombia,  pro- 
viding for  the  settlement  of  differences  arising  out  of  the  events 
which  took  place  on  the  Isthmus  of  Panama  in  November,  1903,  and 
the  ratifications  of  the  Treaty  aforesaid  having  been  carefully  com- 
pared and  found  exactly  comformable  to  each  other,  the  exchange 
took  place  this  day  in  the  usual  form. 

With  reference  to  this  exchange  the  following  statement  is  in- 
corporated in  the  present  Protocol  in  accordance  with  instructions 
received : 

1.  In  conformity  with  the  final  Resolution  of  the  Senate  of  the 
United  States  in  giving  its  consent  to  the  ratification  of  the  Treaty 
in  question,  the  stiuplation  contained  in  the  first  chiuse  of  Article 
one  ^^  by  which  there  is  ceded  to  the  Republic  of  Colombia  free  pas- 
sage of  its  troops,  materials  of  war  and  ships  of  war  through  the 

=»  For  the  first  clause  of  Art.  I,  see  p.  864. 

866 


TREATIES:  COLOMBIA— 1914 

Panama  Canal,  shall  not  be  applicable  in  case  of  a  state  or  war  be- 
tween the  Republic  of  Colombia  and  any  other  country. 

2.  The  said  final  Resolution  of  the  Senate  of  the  United  States 
signifies,  as  the  Secretary  of  State  in  effect  stated  in  the  note  which 
he  addressed  to  the  Colombian  Legation  in  Washington  on  the  3rd 
day  of  October,  1921,  that  the  Republic  of  Colombia  will  not  have 
the  right  of  passage,  free  of  tolls,  for  its  troops,  materials  of  war 
and  ships  of  war,  in  case  of  war  between  Colombia  and  some  other 
country,  and  consequently,  the  Republic  of  Colombia  will  be  placed, 
when  at  war  with  another  country,  on  the  same  footing  as  any  other 
nation  under  similar  conditions,  as  provided  in  the  Hay-Pauncefote 
Treaty  concluded  in  1901 ;  and  that,  therefore,  the  Republic  of  Co- 
lombia will  not  by  operation  of  the  declaration  of  the  Senate  of  the 
United  States  above  mentioned,  be  placed  under  any  disadvantage  as 
compared  with  the  other  belligerent  or  belligerents,  in  the  Panama 
Canal,  in  case  of  war  between  Colombia  and  some  other  nation  or 
nations.  With  this  understanding  the  said  Resolution  has  been  ac- 
cepted by  the  Colombian  Congress  in  accordance  with  the  dispositions 
contained  in  Article  two  of  Law  fifty-six  of  1921,  "  by  which  is  modi- 
fied Law  number  fourteen  of  1914  "  approving  the  Treaty. 

In  witness  whereof,  they  have  signed  the  present  Protocol  of 
Exchange  and  have  affixed  their  seals  thereto. 

Done  at  Bogota,  this  first  day  of  March,  one  thousand  nine  hundred 
and  twenty-two. 

[seal,]  Hoffman  Philip 

[seal.]  Antonio  Jose  Uribb 


867 


GENERAL  LAWS 


[T.  5,  §  35a 


GENERAL  LAWS  OF  THE  UNITED  STATES  APPLICABLE  IN 
OR  RELATING  TO  THE  CANAL  ZONE  OR  THE  PANAMA 
CANAL 


Title  Page 

5.  Executive  departments  and  Government 

ofRcers  and  employees 869 

6.  Official  and  penal  bonds S88 

7.  Agriculture 889 

8.  Aliens  and  citizenship 889 

10.  Army 891 

12.  Banks  and  banking 891 

13.  Census 892 

15.  Commerce  and  trade 892 

17.  Copyrights. 898 

18.  Criminal  code  and  criminal  procedure 899 

19.  Customs  duties 957 

21.  Food  and  drugs 957 

22.  Foreign  relations  and  intercourse 962 

24.  Hospitals,  asylums,  and  cemeteries 968 

26.  Internal  revenue 969 


Title 

27.  Intoxicating  liquors 

28.  Judicial  Code  and  judiciary 

29.  Labor 

.11.  Money  and  finance 

32.  National  Guard 

35.  Patents 

39.  The  Postal  Service 

40.  Public  buildings,  property,  and  works 

41.  Public  contracts 

45.  Railroads 

4S.  Shipping 

47.  Telegraphs,   telephones,  and  radio-tele- 

graphs  

48.  Territories  and  insular  possessions 

49.  Transportation 

50.  War 


Page 
981 

982 
985 
985 


986 
987 
989 
991 


1009 


Note. — References  in  this  appendix,  unless  otherwise  indicated,  are  to  title 
and  section  of  the  United  States  Code. 

UNITED  STATES  CODE,  TITLE  .5 

EXECUTIVE    DEPARTMENTS   AND    GOVERNMENT    OFFICERS    AND    EBIPLOYEES 


CL. 


Sec.       Ch. 


Sec. 


1.  Provisions  applicable  to  depart- 
ments and  officers  generally 26a 

12.  Civil      Service     Commission     and 

classified  civil  service 631 

lo.  Classification  of  civilian  posi- 
tions       661 


14. 


Retirement    of    civil-service    em- 
ployees   691a 

15.  Compensation   for  injuries  to  em- 

ployees of  United  States 751 

16.  Subsistence  Expense  Act  of  1926-     821 


CHAPTER   1.— PROVISIONS   APPLICABLE   TO   DEPARTMENTS    AND 
OFFICERS  GENERALLY 

Sections  26a  and  26b.    Saturday  half  holidays. — 

Note. — Section  26a,  providing  a  Saturday  half  holiday,  expressly  excepts 
employees  of  the  Panama  Canal  on  the  Isthmus.  Section  261>  fixes  a  workday 
of  seven  hours  on  Saturday  "  as  to  those  employees  excei^ted  from  the  provisions 
of  .section  26a." 

30a.  Limitation  of  annual  leave;  exception  of  certain  Canal 
employees. — 

Note. — This  section  is  expressly  iucipplicable  to  ofMcers  and  employees  of  the 
Panama  Canal  and  Panama  Railroad  Co.  on  the  Isthuuis. 

35.  Preference  in  appointments  to  honorably  discharged  soldiers, 
sailors,  and  marines,  and  widows  and  wives  thereof. — In  making 

appointments  to  clerical  and  other  positions  in  the  executive  branch 
of  the  Government  in  the  District  of  Columbia  or  elsewhere  prefer- 
ence shall  be  given  to  honorably  discharged  soldiers,  sailors,  and 
marines,  and  widows  of  such,  and  to  the  wives  of  injured  soldiers, 
sailors,  and  marines,  who  themselves  are  not  qualified,  but  whose 
wives  are  qualified  to  hold  such  positions.  (June  18,  1929,  ch.  28, 
sec.  3,  46  Stat.  21.) 

35a.  Preference  in  appointments ;  spouse  of  married  employee. — 

In  the  appointment  of  persons  to  the  classified  civil  service,  prefer- 
ence shall  be  given  to  persons  other  than  married  persons  living  with 
husband  or  wife,  such  husband  or  wife  being  in  the  service  of  the 


T.  5,  §  36]  GENERAL  LAWS 

United  States  or  the  District  of  Columbia.     (June  30,  1932,  ch.  314, 
sec.  213,  47  Stat.  406.) 

36.  Employment  of  wives  of  soldiers  and  sailors. — The  wife  of 
a  soldier  or  sailor  who  served  in  the  World  War  shall  not  be  dis- 
qualified for  any  position  or  appointment  under  the  Government 
because  she  is  a  married  woman.  (Aug.  31,  1918,  ch.  166,  sec.  5,  40 
Stat.  956.) 

37a.  Personnel  reductions ;  married  persons. — In  any  reduction  of 
personnel  in  any  branch  or  service  of  the  United  States  Government 
or  the  District  of  Columbia,  married  persons  (living  with  husband 
or  wife)  employed  in  the  class  to  be  reduced,  shall  be  dismissed  before 
any  other  persons  employed  in  such  class  are  dismissed,  if  such  hus- 
band or  wife  is  also  in  the  service  of  the  United  States  or  the  District 
of  Columbia.     (June  30,  1932,  ch.  314,  sec.  213,  47  Stat.  406.) 

46a.  Removal  of  employees  for  cause;  withholding  pay. — From 
and  after  February  24,  1931,  there  shall  be  no  withholding  or  confis- 
cation of  the  earned  pay,  salary,  or  emolument  of  any  civil  employee 
of  the  United  States  removed  for  cause:  Provided^  That  if  at  the 
time  of  such  removal  any  such  employee  is  indebted  to  the  United 
States  any  salary,  pay,  or  emolument  accruing  to  such  employee  com- 
ing within  the  provisions  of  this  section  shall  be  applied  in  whole  or 
in  part  to  the  satisfaction  of  any  claim  or  indebtedness  due  to  the 
United  States.     (Feb.  24, 1931,  ch.  287,  46  Stat.  1415.) 

Note. — The  Act  cited  to  the  text  was  entitled  "An  Act  to  provide  against  the 
withholding  of  pay  wlien  employees  are  removed  for  breacli  of  contract  to  render 
faithful  service." 

47a.  Uniform  date  for  retirement  of  Federal  personnel. — 

Note. — This  section  appears  in  a  note  following  Canal  Zone  Code,  title  2, 
section  94. 

58.  Double  salaries. — Unless  otherwise  specifically  authorized  by 
law,  no  money  appropriated  by  any  act  shall  be  available  for  pay- 
ment to  any  person  receiving  more  than  one  salary  when  the  combined 
amount  of  said  salaries  exceeds  the  sum  of  $2,000  per  annum.  (R.  S. 
sec.  1763;  May  10,  1916,  ch.  117,  sec.  6,  39  Stat.  120;  Aug.  29,  1916, 
ch.  417,  39  Stat.  582.) 

59.  Same;  exceptions;  retired  oflScers  and  enlisted  men  of  Army, 
Navy,  Marine  Corps,  or  Coast  Guard,  or  officers  and  enlisted  men 
of  militia. — Section  58  of  this  title  shall  not  apply  to  retired  officers 
or  enlisted  men  of  the  Army,  Navy,  Marine  Corps,  or  Coast  Guard, 
or  to  officers  and  enlisted  men  of  the  Organized  Militia  and  Naval 
Militia  in  the  several  States,  Territories,  and  the  District  of  Colum- 
bia. (May  10,  1916,  ch.  117,  sec.  6.  39  Stat.  120;  Aug.  29,  1916, 
ch.  417,  39  Stat.  582.) 

Cross-Reference 

See  Canal  Zone  Code,  title  2,  section  82. 

59a.  Same ;  limitation  of  amount  of  retired  pay  as  commissioned 
officer  in  Army,  Navy,  Marine  Corps,  Coast  Guard,  Coast  and 
Geodetic  Survey,  and  Public  Health  Service. —  (a)  After  June  30, 
1932,  no  person  holding  a  civilian  office  or  position,  appointive  or 

870 


GENERAL  LAWS  tT.  6,  §  69 

elective,  under  the  United  States  Government  or  the  municipal  gov- 
ernment of  the  District  of  Columbia  or  under  any  corporation,  the 
majority  of  the  stock  of  which  is  owned  by  the  United  States,  shall 
be  entitled,  during  the  period  of  such  incumbency,  to  retired  pay 
from  the  United  States  for  or  on  account  of  services  as  a  commis- 
sioned officer  in  anv  of  the  services  mentioned  in  Title  37,  Pay  and 
Allowances,  at  a  rate  in  excess  of  an  amount  which  when  combined 
with  the  annual  rate  of  compensation  from  such  civilian  office  or 
position,  makes  the  total  rate  from  both  sources  more  than  $3,000; 
and  when  the  retired  pav  amounts  to  or  exceeds  the  rate  of  $3,000 
per  annum  such  person  shall  be  entitled  to  the  pay  of  the  civilian 
office  or  position  or  the  retired  pay,  whichever  he  may  elect.  As  used 
in  this  section,  the  term  "retired  pay"  shall  be  construed  to  include 
credits  for  all  service  that  lawfully  may  enter  into  the  computation 
thereof. 

(b)  This  section  shall  not  apply  to  any  person  whose  retired  pay 
plus  civilian  pay  amounts  to  less  than  $3,000 :  Provided,  That  this 
section  shall  not  apply  to  regular  or  emergency  commissioned  officers 
retired  for  disability  incurred  in  combat  with  an  enemy  of  the  United 
States.     (June  30,  1932,  ch.  314,  sec.  212,  47  Stat.  406.) 

62.  Holding  other  lucrative  oflBce.— No  person  who  holds  an  office 
the  salary  or  annual  compensation  attached  to  which  amounts  to  the 
sum  of  two  thousand  five  hundred  dollars  shall  be  appointed  to  or 
hold  any  other  office  to  which  compensation  is  attached  unless  spe- 
cially authorized  thereto  by  law ;  but  this  shall  not  apply  to  retired 
officers  of  the  Army  or  Navy  whenever  they  may  be  elected  to  public 
office  or  whenever  the  President  shall  appoint  them  to  office  by  and 
with  the  advice  and  consent  of  the  Senate.  Ketired  enlisted  men 
of  the  Army,  Navy,  Marine  Corps,  or  Coast  Guard  retired  for  any 
cause,  and  retired  officers  of  the  Army,  Navy,  Marine  Corps,  or  Coast 
Guard  who  have  been  retired  for  injuries  received  in  battle  or  for 
injuries  or  incapacitv  incurred  in  line  of  duty  shall  not,  within  the 
meaning  of  this  section,  be  construed  to  hold  or  to  have  held  an  office 
durintr  such  retirement.  (July  31,  1894,  ch.  174,  sec.  2,  28  Stat.  205; 
May  31,  1924,  ch.  214,  43  Stat.  245.) 

66.  Receiving  salary  from  source  other  than  United  States. — No 
Government  official  or  employee  shall  receive  any  salary  in  connec- 
tion with  his  services  as  such  an  official  or  employee  from  any  source 
other  than  the  Government  of  the  United  States,  except  as  may  be 
contributed  out  of  the  treasury  of  any  State,  county,  or  municipality, 
and  no  person,  association,  or  corporation  shall  make  any  contribu- 
tion to,  or  in  any  way  supplement  the  salary  of,  any  Govermnent 
official  or  employee  for  the  services  performed  by  him  for  the  Gov- 
ernment of  the  United  States.  Any  person  violating  any  of  the 
terms  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
$1,000  or  imprisonment  for  not  less  than  six  months,  or  by  both  such 
fine  and  imprisonment  as  the  court  may  determine.  (Mar.  3,  1917, 
ch.  163,  sec.  1,  39  Stat.  1106.) 

69.  Extra  services. — No  allowance  or  compensation  shall  be  made 
to  any  officer  or  clerk,  by  reason  of  the  discharge  of  duties  which 

871 


T.  5,  §  70]  GENERAL  LAWS 

belong  to  any  other  officer  or  clerk  in  the  same  or  any  other  depart- 
ment; and  no  allowance  or  compensation  shall  be  made  for  any 
extra  services  whatever,  which  any  officer  or  clerk  may  be  required 
to  perform,  unless  expressly  authorized  by  law.     (R.S.  sec.  1764.) 

70.  Extra  allowances. — No  officer  in  any  branch  of  the  public 
service,  or  any  other  person  whose  salary,  pay,  or  emoluments  are 
fixed  by  law  or  regulations,  shall  receive  any  additional  pay,  extra 
allowance,  or  compensation,  in  any  form  whatever,  for  the  disburse- 
ment of  public  money,  or  for  any  other  ,service  or  duty  whatever, 
unless  the  same  is  authorized  by  law,  and  the  appropriation  therefor 
explicitly  states  that  it  is  for  such  additional  pay,  extra  allowance, 
or  compensation.     (R.S.  sec.  1TG5.) 

71.  Extra  compensation  or  perquisites. — No  civil  officer  of  the 
Government  shall  receive  any  compensation  or  perquisites,  directly 
or  indirectly,  from  the  Treasury  or  property  of  the  United  States 
beyond  his  salary  or  compensation  allowed  by  law.  This  section 
shall  not  be  construed  to  prevent  the  employment  and  payment  by 
the  Department  of  Justice  of  district  attorneys  as  allowed  by  law 
for  the  performance  of  services  not  covered  by  their  salaries  or  fees. 
(June  20, 1874,  ch.  328,  sec.  3, 18  Stat.  109.) 

72.  Additional  compensation  to  persons  employed  under  geneml 
or  lump-sum  appropriation. — It  shall  not  be  lawful  to  pay  to  any 
person,  employed  in  the  service  of  the  United  States  under  any  gen- 
eral or  lump-sum  appropriation,  any  sum  additional  to  the  regular 
compensation  received  for  or  attached  to  any  employment  held  prior 
to  an  appointment  or  designation  as  acting  for  or  instead  of  an  oc- 
cupant of  any  other  office  or  employment.  This  section  shall  not  be 
construed  as  prohibiting  regular  and  permanent  appointments  by 
promotion  from  low^er  to  higher  grades  of  employments.  (Aug.  1, 
1914,  ch.  223,  sec.  12,  38  Stat.  680.) 

73.  Actual  traveling  expenses  only  allowed. — Except  as  otherwise 
provided  by  law,  only  actual  traveling  expenses  shall  be  allowed  to 
any  j^erson  holding  employment  or  appointment  under  the  United 
States,  except  marshals,  district  attorneys,  and  clerks  of  the  courts 
of  the  United  States  and  their  deputies.  All  allowances  for  mileages 
and  transportation  in  excess  of  the  amount  actually  paid,  except  as 
above  excepted,  are  declared  illegal ;  and  no  credit  shall  be  allowed 
to  any  of  the  disbursing  officers  of  the  United  States  for  payment  or 
allowances  in  violation  of  this  section.  (Mar.  3,  1875,  ch.  133,  sec.  1, 
18  Stat.  452;  June  30,  1876,  ch.  159,  19  Stat.  65;  June  10,  1922,  ch. 
212,  sec.  12,  42  Stat.  631.) 

73a.  Travel  expenses  of  officers  and  employees;  transportation  in 
own  motor  cycles  or  automobiles;  payments  on  mileage  basis  in 
lieu  of  actual  expenses. — A  civilian  officer  or  employee  engaged  in 
necessar}''  travel  on  official  business  away  from  his  designated  post 
of  duty  may  be  paid,  in  lieu  of  actual  expenses  of  transportation, 
under  regulations  to  be  prescribed  by  the  President,  not  to  exceed  2 
cents  per  mile  for  the  use  of  his  own  motor  cycle  or  5  cents  per  mile 
for  the  use  of  his  own  automobile  for  such  transportation,  whenever 
Buch  mode  of  travel  has  been  previously  authorized  and  payment  on 

872 


GENERAL  LAWS  [T.  5,  §  83 

such  mileage  basis  is  more  economical  and  advantaoeous  to  the 
United  States.  (Feb.  14,  1931,  ch.  165,  46  Stat.  1103;  Mar.  3,  1933, 
ch.  212,  Title  II,  sec.  9,  47  Stat.  1516.) 

73b.  Traveling  expenses  limited   to   lowest   first-class   rate. — 

Whenever  by  or  under  authority  of  law  actual  expenses  for  travel 
may  be  allowed  to  officers  or  employees  of  the  United  States,  such 
allowances,  in  the  case  of  travel  ordered  after  March  3,  1933,  shall 
not  exceed  the  lowest  first-class  rate  by  the  transportation  facility 
used  in  such  travel.  (Mar.  3,  1933,  ch.  212,  Title  II,  sec.  10,  47  Stat. 
1516.) 

74.  Expenses  for  subsistence;  traveling  on  duty. — 

Note. — See  sections  821  et  seq.,  of  this  title. 

75.  Same;  engaged  in  field  work  or  traveling  on  ofiicial 
business. — 

Note. — See  sections  821  et  seq.,  of  this  title. 

78.  Restrictions  on  payments  for  purchase  or  operation  of  pas- 
senger-cariying  vehicles. — No  appropriation  made  in  any  Act  shall 
be  available  for  the  purchase  of  any  motor-propelled  or  horse-drawn 
passenger-carrying  vehicle  for  the  service  of  any  of  the  executive 
departments,  or  other  Government  establishments,  or  any  branch  of 
the  Government  service,  unless  specific  authority  is  given  therefor. 
There  shall  not  be  expended  out  of  any  appropriation  made  by  Con- 
gress any  sum  for  purchase,  maintenance,  repair,  or  operation  of 
motor-propelled  or  horse-drawn  passenger-carrying  vehicles  for  any 
branch  of  the  public  service  of  the  United  States  unless  the  same  is 
specifically  authorized  by  law.  In  the  estimates  for  each  fiscal  year 
there  shall  be  submitted  in  detail  estimates  for  such  necessary  ap- 
propriations as  are  intended  to  be  used  for  purchase,  maintenance, 
repair,  or  operation  of  all  motor-propelled  or  horse-drawn  passen- 
ger-carrying vehicles,  specifying  the  sums  required,  the  public  pur- 
poses for  which  said  vehicles  are  intended,  and  the  officials  or  em- 
ployees by  whom  the  same  are  to  be  used.  (July  16,  1914,  ch.  141^ 
sec.  5,  38  Stat.  508.) 

82.  Officers  in  arrears. — No  money  shall  be  paid  to  any  person  for 
his  compensation  who  is  in  arrears  to  the  United  States,  until  he  has 
accounted  for  and  paid  into  the  Treasury  all  sums  for  which  he  may 
be  liable.  In  all  cases  where  the  pay  or  salary  of  any  person  is  with- 
held in  pursuance  of  this  section,  the  General  Accounting  Office,  if 
required  to  do  so  by  the  party,  his  agent  or  attorney,  shall  report 
forthwith  to  the  Solicitor  of  the  Treasury  the  balance  due;  and  the 
solicitor  shall,  within  sixty  days  thereafter,  order  suit  to  be  com- 
menced against  such  delinquent  and  his  sureties.  (R.S.  sec.  1766; 
June  10,  1921,  ch.  18,  42  Stat.  23.) 

83.  Restrictions  on  paying  fees  or  dues  in  societies. — No  money 

appropriated  by  any  Act  shall  be  expended  for  membership  fees  or 
dues  of  any  officer  or  employee  of  the  United  States  or  of  the  Dis- 
trict of  Columbia  in  any  society  or  association  or  for  expenses  of 
attendance  of  any  person  at  any  meeting  or  convention  of  members 
of  any  society  or  association,  unless  such  fees,  dues,  or  expenses  are 

93083—34 56  873 


T.  5,  §  84]  GENERAL  LAWS 

authorized  to  be  paid  by  specific  appropriations  for  such  purposes 
or  are  provided  for  in  express  terms  in  some  general  appropriation. 
This  section  shall  not  be  so  construed  as  to  prohibit  the  payment 
from  the  appropriations  for  the  Department  of  Agriculture  of  ex- 
penses incidental  to  the  delivery  of  lectures,  the  giving  of  instruction, 
or  the  acquiring  of  information  at  meetings  by  its  employees  on  sub- 
jects relating  to  the  work  of  the  department  authorized  by  law. 
(June  26,  1912,  ch.  182,  sec.  8,  37  Stat.  184;  Mar.  4,  1913,  ch.  145,  37 
Stat.  854.) 

84.  Annual  or  monthly  compensation. — Where  the  compensation 
of  any  person  in  the  service  of  the  United  States  is  annual  or 
monthly  the  following  rules  for  division  of  time  and  computation 
of  pay  for  services  rendered  are  established :  Annual  compensation 
shall  be  divided  into  twelve  equal  installments,  one  of  which  shall 
be  the  pay  for  each  calendar  month;  and  in  making  payments  for 
a  fractional  part  of  a  month  one-thirtieth  of  one  of  such  install- 
ments, or  of  a  monthly  compensation,  shall  be  the  daily  rate  of  pay. 
For  the  purpose  of  computing  such  compensation  and  for  comput- 
ing time  for  services  rendered  during  a  fractional  part  of  a  month 
in  connection  with  annual  or  monthly  compensation,  each  and  every 
month  shall  be  held  to  consist  of  thirty  days,  without  regard  to  the 
actual  number  of  days  in  any  calendar  month,  thus  excluding  the 
31st  of  any  calendar  month  from  the  computation  and  treating  Feb- 
ruary as  if  it  actually  had  thirty  days.  Any  person  entering  the 
service  of  the  United  States  during  a  tliirty-one  day  month  and 
serving  until  the  end  thereof  shall  be  entitled  to  pay  for  that  month 
from  the  date  of  entry  to  the  30th  day  of  said  month,  both  days 
inclusive;  and  any  person  entering  said  service  during  the  month 
of  February  and  serving  until  the  end  thereof  shall  be  entitled  to 
one  month's  pay,  less  as  many  thirtieths  thereof  as  there  were  days 
elapsed  prior  to  date  of  entry.  For  one  day's  unauthorized  absence 
on  the  31st  day  of  any  calendar  month  one  day's  pay  shall  be  for- 
feited.    (June  30,  1906,  ch.  3914,  sec.  6,  34  Stat.  763.) 

108.  Copy  for  annual  reports  and  accompanying  documents. 

113.  Prohibition  of  contribution  or  presents  to  superiors. — No 

ojSicer,  clerk,  or  employee  in  the  United  States  Government  employ 
shall  at  any  time  solicit  contributions  from  other  officers,  clerks,  or 
employees  in  the  Government  service  for  a  gift  or  present  to  those 
in  a  superior  official  position ;  nor  shall  any  such  officials  or  clerical 
superiors  receive  any  gift  or  present  offered  or  presented  to  them  as 
a  contribution  from  persons  in  Government  employ  receiving  a  less 
salary  than  themselves;  nor  shall  any  officer  or  clerk  make  any  dona- 
tion as  a  gift  or  present  to  any  official  superior.  Every  person  who 
violates  this  section  shall  be  summarily  discharged  from  the  Gov- 
ernment employ.     (R.S.  sec.  1784.) 

CHAPTER  12.— CIVIL  SERVICE  COMMISSION  AND  CLASSIFIED  CIVIL 

SERVICE 

Note. — Sections  631  to  652  of  titlo  5  are  comprised  within  the  chapter  relat- 
ing to  the  classified  civil  service. 

874 


GENERAL  LAWS  tT.  5,  §  678 

CHAPTER   13.— CLASSIFICATION   OF   CIVILIAN   POSITIONS 

Note. — Sections  661  to  673b  of  title  5  relate  to  the  classification  of  civilian 
liositions.  With  reference  to  the  adjustment  of  the  rates  of  compensation  of 
civilian  employees  in  certain  of  the  field  services,  see  sections  677  and  678  of 
title  5,  hereinafter  shown. 

Section  677.  Salaries  of  persons  in  the  field  service;  payment. — 

Those  civilian  positions  in  the  field  services  under  the  several  execu- 
tive departments  and  independent  establishments,  the  compensation 
of  which  was  fixed  or  limited  by  law  but  adjusted  for  the  fiscal  year 
1925  under  the  authority  and  appropriations  contained  in  the  Act 
entitled  "An  Act  making  additional  appropriations  for  the  fiscal 
year  ending  June  30,  1925,  to  enable  the  heads  of  the  several  execu- 
tive departments  and  independent  establishments  to  adjust  the  rates 
of  compensation  of  civilian  employees  in  certain  of  the  field  services  ", 
approved  December  6,  1924  (43  Stat.  704),  may  be  paid  under  the 
applicable  appropriations  for  the  fiscal  year  1929  and  thereafter  at 
rates  not  in  excess  of  those  permitted  for  them  under  the  provisions 
of  such  Act  of  December  6,  1924.  (Mar.  5,  1928,  ch.  126,  sec.  2,  45 
Stat.  193.) 

Note. — Sections  G77  and  678  are  affected  by  the  provisions  of  section  2  of 
Act  July  3,  1930  (46  Stat.  1005),  which  reads  as  follows: 

"  The  heads  of  the  several  executive  departments  and  independent  estab- 
lishments are  authorized  and  directed  to  adjust  the  compensation  of  certain 
civilian  positions  in  the  field  services,  the  comi^ensation  of  which  was  adjusted 
by  the  Act  of  December  6,  1921  (43  Stat.  704),  to  correspond,  so  far  as  may 
be  practicable,  to  the  rates  established  by  the  Act  of  May  28,  1928  (U.S.C., 
Supp.  3,  title  5,  sec.  673),  and  by  this  Act  for  positions  in  the  departmental 
services  in  the  District  of  Columbia:  Provided,  That  the  terms  of  this  Act 
shall  apply  to  employees  carried  under  Group  4-B,  including  drafting  groups, 
in  the  Schedule  of  Wages  for  Civil  Employees  under  the  Naval  Establishment, 
notwithstanding  the  fact  that  the  compensation  of  such  employees  was  not 
adjusted  by  the  Act  of  December  6,  1924  (43  Stat.  704),  or  the  Act  of  May  28, 
1928  (U.S.C,  Supp.  3,  title  5,  sec.  673)." 

678.  Same;  adjustment  by  heads  of  executive  departments  and 
independent  establishments. — The  heads  of  the  several  executive  de- 
partments and  independent  establishments  are  authorized  to  adjust 
the  compensation  of  certain  civilian  positions  in  the  field  services, 
the  compensation  of  which  was  adjusted  by  the  Act  of  December 
6,  1924,  to  correspond,  so  far  as  may  be  practicable,  to  the  rate-s 
established  by  section  673  of  this  title  for  positions  in  the  depart- 
mental services  in  the  District  of  Columbia.  (May  28,  1928,  ch. 
814,  sec.  3,  45  Stat.  785.) 

CHAPTER  14.— EETIREMBNT  OF  CIVIL  SERVICE  EMPLOYEES 

Note.— Sections  691a  to  708a  of  title  5,  comprise  the  Civil  Service  Retirement 
Act,  as  amended.  See  Canal  Zone  Code,  title  2,  section  107,  which  renders  the 
Civil  Service  Retirement  Act  inapplicable,  after  July  1,  1931,  to  employees  of 
the  Panama  Canal  on  the  Isthmus  of  Panama  and  other  employees  coming 
within  the  provisions  of  the  Canal  Zone  Retirement  Act,  but  authorizes  re- 
tirement under  the  former  Act  by  employees  of  the  Panama  Canal  who  attain 
retirement  age  without  having  rendered  sufficient  service  on  the  Isthmus 
to  entitle  them  to  be  retired  under  the  Canal  Zone  Retirement  Act. 


875 


T.  5,  §  751]  GENERAL  LAWS 

CHAPTER    15.— COMPENSATION    FOR    INJURIES    TO    EMPLOYEES    OP 

UNITED   STATES 

Section  751.  Disability  or  death  of  employee;  wiUful  miscon- 
duct.— The  United  States  shall  pay  compensation  as  hereinafter 
specified  for  the  disability  or  death  of  an  employee  resulting  from 
a  personal  injury  sustained  while  in  the  performance  of  his  duty,  but 
no  compensation  shall  be  paid  if  the  injury  or  death  is  caused  by 
the  willful  misconduct  of  the  employee  or  by  the  employee's  intention 
to  bring  about  the  injury  or  death  of  himself  or  of  another,  or  if 
intoxication  of  the  injured  employee  is  the  proximate  cause  of  the 
injury  or  death.     (Sept.  7,  1916,  ch.  458,  sec.  1,  39  Stat.  742.) 

Cboss-Reference 

Application  and  administration  of  chapter  in  respect  to  Canal  and  Railroad 
employees,  see  sections  790  to  793  of  tliis  title ;  see  also  Canal  Zone  Code, 
title  2,  sections  121  to  123. 

Section  752.  Time  of  accrual  of  right. — During  the  first  three  days 
of  disability  the  employee  shall  not  be  entitled  to  compensation 
except  as  provided  in  section  759  of  this  title.  No  compensation 
shall  at  any  time  be  paid  for  such  period.  (Sept.  7,  1916,  ch.  458, 
sec.  2,  39  Stat.  743.) 

753.  Total  disability. — If  the  disability  is  total  the  United  States 
shall  pay  to  the  disabled  employee  during  such  disability  a  monthly 
compensation  equal  to  66%  per  centum  of  his  monthly  pay,  except 
as  hereinafter  provided.     (Sept.  7,  1916,  ch.  458,  sec.  3,  39  Stat.  743.) 

754.  Partial  disability;  affidavit. — If  the  disability  is  partial  the 
United  States  shall  pay  to  the  disabled  employee  during  such  dis- 
ability a  monthly  compensation  equal  to  66%  per  centum  of  the 
difference  between  his  monthly  pay  and  his  monthly  wage-earning 
capacity  after  the  beginning  of  such  partial  disability.  The  com- 
mission may,  from  time  to  time,  require  a  partially  disabled  em- 
ployee to  make  an  affidavit  as  to  the  wages  which  he  is  then  receiv- 
ing. In  such  affidavit  the  employee  shall  include  a  statement  of  the 
value  of  housing,  board,  lodging,  and  other  advantages  w^hich  are 
received  from  the  employer  as  a  part  of  his  remuneration  and 
which  can  be  estimated  in  money.  If  the  employee,  when  required, 
fails  to  make  such  affidavit,  he  shall  not  be  entitled  to  any  com- 
pensation while  such  failure  continues,  and  the  period  of  such  failure 
shall  be  deducted  from  the  period  during  which  compensation  is 
payable  to  him.     (Sept.  7,  1916,  ch.  458,  sec.  4.  39  Stat.  743.) 

755.  Same;  employee  to  seek  other  employment. — If  a  partially 
disabled  employee  refuses  to  seek  suitable  work  or  refuses  or  neglects 
to  work  after  suitable  work  is  offered  to,  procured  by,  or  secured  for 
him,  he  shall  not  be  entitled  to  any  compensation.  (Sept.  7,  1916, 
ch.  458,  sec.  5,  39  Stat.  743.) 

756.  Monthly  compensation  for  total  and  for  partial  disability; 
increase  on  basis  of  expectancy  of  productive  capacity;  decrease 
on  account  of  age. — The  monthly  compensation  for  total  disability 
shall  not  be  more  than  $116.66,  nor  less  than  $58.33,  unless  the  em- 

876 


(GENERAL  LAWS  [T.  5,  §  759 

ployee's  monthly  pay  is  less  than  $58.33,  in  which  case  his  monthly 
compensation  shall  be  the  full  amount  of  his  monthly  pay.  The 
monthly  compensation  for  partial  disability  shall  not  be  more  than 
$116.66.  In  the  case  of  i^ersons  who  at  the  time  of  the  injury  were 
minors  or  employed  in  a  learner's  capacity  and  who  were  not  physi- 
cally or  mentally  defective,  the  commission  shall,  on  any  review 
after  the  time  when  the  monthly  wage-earning  capacity  of  such 
persons  would  probably,  but  for  the  injury,  have  increased,  award 
compensation  based  on  such  probable  monthly  wage-earning  capac- 
ity. The  commission  may,  on  any  review  after  the  time  when  the 
monthly  wage-earning  capacity  of  the  disabled  employee  would 
probably,  irrespective  of  the  injury,  have  decreased  on  account  of 
old  age,  award  compensation  based  on  such  probable  monthly  wage- 
earning  capacity.  (Sept.  7,  1916,  ch.  458,  sec.  6,  39  Stat.  743;  Feb. 
12,  1927,  ch.  110,  sec.  1,  44  Stat.  1086.) 

757.  Person  receiving  not  to  be  paid  for  other  sei-vices;  pen- 
sions.— As  long  as  the  employee  is  in  receipt  of  compensation  under 
this  chapter,  or,  if  he  has  been  paid  a  lump  sum  m  commutation 
of  installment  payments,  until  the  expiration  of  the  period  during 
which  such  installment  payments  would  have  continued,  he  shall  not 
receive  from  the  United  States  any  salary,  pay,  or  remuneration 
whatsoever  except  in  return  for  services  actually  performed,  and 
except  pensions  for  service  in  the  Army  or  Navy  of  the  United 
States.     (Sept.  7, 1916,  ch.  458,  sec.  7,  39  Stat.  743.) 

758.  Employee  having  annual  or  sick  leave  to  his  credit.— If  at 
the  time  the  disability  begins  the  employee  has  annual  or  sick  leave 
to  his  credit  he  may,  suljject  to  the  approval  of  the  head  of  the  de- 
partment, use  such  leave  until  it  is  exhausted,  in  which  case  his  com- 
pensation shall  begin  on  the  fourth  day  of  disability  after  the  annual 
or  sick  leave  has  ceased.     (Sept.  7,  1916,  ch.  458,  sec.  8,  39  Stat.  743.) 

759.  Medical,  surgical,  and  hospital  service;  transportation  ex- 
penses.— For  any  injury  sustained  by  an  employee  while  in  the  per- 
formance of  duty,  whether  or  not  disability  has  arisen,  the  United 
States  shall  furnish  to  the  employee  all  services,  appliances,  and 
supplies  prescribed  or  recommended  by  duly  qualified  physicians 
which,  in  the  opinion  of  the  commission,  are  likely  to  cure  or  to  give 
relief  or  to  reduce  the  degree  or  the  period  of  disability  or  to  aid 
in  lessening  the  amount  of  the  monthly  compensation.  Such  serv- 
ices, appliances,  and  supplies  shall  be  furnished  by  or  upon  the  order 
of  United  States  medical  officers  and  hospitals,  but  where  this  is  not 
practicable  they  shall  be  furnished  by  or  upon  the  order  of  private 
physicians  and  hospitals  designated  or  approved  by  the  commission. 
For  the  securing  of  such  services,  appliances,  and  supplies,  the  em- 
ployee may  be  furnished  transportation,  and  may  be  paid  all  expenses 
incident  to  the  securing  of  such  services,  appliances,  and  supplies, 
which,  in  the  opinion  of  the  commission,  are  necessary  and  reason- 
able. All  such  expenses  when  authorized  or  approved  by  the  commis- 
sion shall  be  paid  from  the  employees'  compensation  fund.  Any 
award  heretofore  made  by  the  commission  on  account  of  expenses 
incurred  under  this  section  prior  to  June  26,  1926,  shall  be  valid,  if 
such  award  would  be  valid  if  made  on  account  of  expenses  incurred 

877 


T.  5,  §  760]  GENERAL  LAWS 

under  this  section  after  June  26,  1926.     (Sept.  7,  1916,  ch.  458,  sec.  9, 
39  Stat.  743;  June  26,  1926,  ch.  695,  sec.  1,  44  Stat.  772.) 

760.  Compensation  to  heirs  in  case  of  death. — If  death  results 
from  the  injury  within  six  years  the  United  States  shall  pay  to  the 
following  persons  for  the  following  periods  a  monthly  compensation 
equal  to  the  following  percentages  of  the  deceased  employee's  monthly 
pay,  subject  to  the  modification  that  no  compensation  shall  be  paid 
where  the  death  takes  place  more  than  one  year  after  the  cessation 
of  disability  resulting  from  such  injury,  or,  if  there  has  been  no 
disability  preceding  death,  more  than  one  year  after  the  injury : 

(A)  To  the  widow,  if  there  is  no  child,  35  per  centum.  This  com- 
pensation shall  be  paid  until  her  death  or  marriage. 

(B)  To  the  widower,  if  there  is  no  child,  35  per  centum  if  wholly 
dependent  for  support  upon  the  deceased  employee  at  the  time  of  her 
death.    This  compensation  shall  be  paid  until  his  death  or  marriage. 

(C)  To  the  widow  or  widower,  if  there  is  a  child,  the  compensa- 
tion payable  under  clause  (A)  or  clause  (B)  and  in  addition  thereto 
10  per  centum  for  each  child,  not  to  exceed  a  total  of  66%  per  centum 
for  such  a  widow  or  widower  and  children.  If  a  child  has  a  guardian 
other  than  the  surviving  widow  or  widower,  the  compensation  pay- 
able on  account  of  such  child  shall  be  paid  to  such  guardian.  The 
compensation  payable  on  account  of  any  child  shall  cease  when  he 
dies,  marries,  or  reaches  the  age  of  eighteen,  or,  if  over  eighteen,  and 
incapable  of  self-support,  becomes  capable  of  self-support. 

(D)  To  the  children,  if  there  is  no  widow  or  widower,  25  per 
centum  for  one  child  and  10  per  centum  additional  for  each  addi- 
tional child,  not  to  exceed  a  total  of  66%  per  centum,  divided  among 
such  children  share  and  share  alike.  The  compensation  of  each  child 
shall  be  paid  until  he  dies,  marries,  or  reaches  the  age  of  eighteen,  or, 
if  over  eighteen  and  incapable  of  self-support,  becomes  capable  of 
self-support.  The  compensation  of  a  child  under  legal  age  shall  be 
paid  to  its  guardian. 

(E)  To  the  parents,  if  one  is  Avholly  dependent  for  support  upon 
the  deceased  employee  at  the  time  of  his  death  and  the  other  is  not 
dependent  to  any  extent,  25  per  centum;  if  both  are  wholly  depend- 
ent, 20  per  centum  to  each;  if  one  is  or  both  are  partly  dependent, 
a  proportionate  amount  in  the  discretion  of  the  commission. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower, 
or  child.  If  there  is  a  widow,  widower,  or  child,  there  shall  be  paid 
so  much  of  the  above  percentages  as,  when  added  to  the  total  per- 
centages payable  to  the  widow,  widower,  and  children,  will  not  exceed 
a  total  of  66%  per  centum. 

(F)  To  the  brothers,  sisters,  grandparents,  and  grandchildren,  if 
one  is  wholly  dependent  upon  the  deceased  employee  for  support  at 
the  time  of  his  death,  20  per  centum  to  such  dependent;  if  more  than 
one  are  wholly  dependent,  30  per  centum,  divided  among  such  de- 
pendents share  and  share  alike;  if  there  is  no  one  of  them  wholly 
dependent,  but  one  or  more  partly  dependent,  10  per  centum  divided 
among  such  dependents  share  and  share  alike. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower, 
child,  or  dependent  parent.  If  there  is  a  widow,  widower,  child,  or 
dependent  parent,  there  shall  be  paid  so  much  of  the  above  percent- 

878 


GENERAL  LAWS  [T.  5,  §  761 

ages  as,  when  added  to  the  total  percentage  payable  to  the  widow, 
widower,  children,  and  dependent  parents,  will  not  exceed  a  total  of 
66%  per  centum. 

(G)  The  compensation  of  each  beneficiary  under  clauses  (E)  and 
(F)  shall  be  paid  for  a  period  of  eight  years  from  the  time  of  the 
death,  unless  before  that  time  he,  if  a  parent  or  grandparent,  dies, 
marries,  or  ceases  to  be  dependent,  or,  if  a  brother,  sister,  or  grand- 
child, dies,  marries,  or  reaches  the  age  of  eighteen  or,  if  over  eighteen 
and  incapable  of  self-support,  becomes  capable  of  self-support.  The 
compensation  of  a  brother,  sister,  or  grandchild  under  legal  age  shall 
be  paid  to  his  or  her  guardian. 

(H)  As  used  in  this  section,  the  term  "  child  "  includes  stepchil- 
dren, adopted  children,  and  posthumous  children,  but  does  not  include 
married  children.  The  terms  "  brother  "  and  "  sister  "  include  step- 
brothers and  stepsisters,  half  brothers  and  half  sisters,  and  brothers 
and  sisters  by  adoption,  but  do  not  include  married  brothers  or  mar- 
ried sisters.  All  of  the  above  terms  and  the  term  "  grandchild  " 
include  only  persons  who  at  the  time  of  the  death  of  the  deceased 
employee  are  under  eighteen  years  of  age  or  over  that  age  and  inca- 
pable of  self-support.  The  term  "  parent "  includes  stepparents  and 
parents  by  adoption.  The  term  ''  widow  "  includes  only  the  dece- 
dent's wire  living  with  or  dependent  for  support  upon  him  at  the 
time  of  his  death  or  living  apart  for  reasonable  cause  or  by  reason 
of  his  desertion. 

(I)  Upon  the  cessation  of  compensation  under  this  section  to  or 
on  account  of  any  person,  the  compensation  of  the  remaining  persons 
entitled  to  compensation  for  the  unexpired  part  of  the  period  during 
which  their  compensation  is  payable  shall  be  that  which  such  persons 
would  have  received  if  they  had  been  the  only  persons  entitled  to 
compensation  at  the  time  of  the  decedent's  death. 

(J)  In  case  there  are  two  or  more  classes  of  persons  entitled  to 
compensation  under  this  section  and  the  apportionment  of  such  com- 
pensation, above  provided,  would  result  in  injustice,  the  commission 
may,  in  its  discretion,  modify  the  apportionment  to  meet  the  require- 
ments of  the  case. 

(K)  In  computing  compensation  under  this  section  the  monthly 
pay  shall  be  considered  not  to  be  more  than  $175  nor  less  than  $87.50, 
but  the  total  monthly  compensation  shall  not  exceed  the  monthly  pay 
computed  as  provided  in  section  762. 

(L)  If  any  person  entitled  to  compensation  under  this  section, 
whose  compensation  by  the  terms  of  this  section  ceases  upon  his  mar- 
riage, accepts  any  payments  of  compensation  after  his  marriage  he 
shall  be  punished  by  a  fine  of  not  more  than  $2,000  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. (Sept.  7,  1916,  ch.  458,  sec.  10,  39  Stat.  744;  Feb.  12,  1927, 
ch.  110,  sees.  2,  3,  44  Stat.  1087.) 

761.  Payment  to  personal  representative  where  death  results 
within  six  years;  transportation  of  remains;  burial  expenses. — If 

death  results  from  the  injury  within  six  years  the  United  States  shall 
pay  to  the  personal  representative  of  the  deceased  employee  funeral 
and  burial  expenses  not  to  exceed  $200,  in  the  discretion  of  the  com- 
mission.   In  the  case  of  an  employee  whose  home  is  within  the  United 

879 


T.  5,  §762]  GENERAL  LAWS 

States,  if  his  death  occurs  away  from  his  home  office  or  outside  of  the 
United  States,  and  if  so  desired  by  his  relatives,  the  body  shall,  in  the 
discretion  of  the  commission,  be  embalmed  and  transported  in  a  her- 
meticall}'  sealed  casket  to  the  home  of  the  employee.  Such  funeral 
and  burial  expenses  shall  not  be  paid  and  such  transportation  shall 
not  be  furnished  where  the  death  takes  place  more  than  one  year  after 
the  cessation  of  disability  resulting  from  such  injury  or,  if  there  has 
been  no  disability  preceding  death,  more  than  one  year  aft^r  the  in- 
jury. (Sept.  7, '1916,  ch.  458,  sec.  11,  39  Stat.  745;  Feb.  12,  1927, 
ch.  110,  sec.  4,  44  Stat.  1087.) 

762.  Computation  of  monthly  pay  of  employee. — In  computing  the 
monthly  pay  the  usual  practice  of  the  service  in  which  the  employee 
was  employed  shall  be  followed.  Subsistence  and  the  value  of  quar- 
ters furnished  an  employee  shall  be  included  as  part  of  the  pay,  but 
overtime  pay  shall  not  be  taken  into  account.  (Sept.  7,  1916,  ch.  458, 
sec.  12,  39  Stat.  746.) 

763.  Wage-earning  capacity. — In  the  determination  of  the  em- 
ployee's monthly  wage-earning  capacity  after  the  beginning  of  partial 
disability,  the  value  of  housing,  board,  lodging,  and  other  advantages 
which  are  received  from  his  employer  as  a  part  of  his  remuneration 
and  which  can  be  estimated  in  money  shall  be  taken  into  account. 
(Sept.  7,  1916,  ch.  458,  sec.  13,  39  Stat.  746.) 

764.  Payment  of  lump  sum ;  determination  of  amount. — In  cases 
of  death  or  of  permanent  total  or  permanent  partial  disability,  if 
the  monthly  payment  to  the  beneficiary  is  less  than  $5  a  month,  or 
if  the  beneficiary  is  or  is  about  to  become  a  nonresident  of  the  United 
States,  or  if  the  commission  determines  that  it  is  for  the  best  interests 
of  the  beneficiary,  the  liabilitj^  of  the  United  States  for  compensation 
to  such  beneficiary  may  be  discharged  by  the  payment  of  a  lump 
smn  equal  to  the  present  value  of  all  future  payments  of  compensa- 
tion computed  at  4  per  centum  true  discount  compounded  annually. 
The  probability  of  the  beneficiary's  death  before  the  expiration  of  the 
period  during  which  he  is  entitled  to  compensation  shall  be  deter- 
mined according  to  the  American  Experience  Table  of  Mortality; 
but  in  case  of  compensation  to  the  widow  or  widower  of  the  deceased 
employee,  such  lump  sum  shall  not  exceed  sixty  months'  compensa- 
tion. The  probability  of  the  happening  of  any  other  contingency 
affecting  the  amount  or  duration  of  the  comjjensation  shall  bo  dis- 
regarded.    (Sept.  7,  1916,  ch.  458,  sec.  14,  39  Stat.  746.) 

765.  Notice  of  injury. — Every  employee  injured  in  the  perform- 
ance of  his  duty,  or  someone  on  his  behalf,  shall,  within  forty-eight 
hours  after  the  injury,  give  written  notice  thereof  to  the  immediate 
superior  of  the  employee.  Such  notice  shall  be  given  by  delivering 
it  personally  or  by  depositing  it  properlv  stamped  and  addressed  in 
the  mail.     (Sept.  7,  1916,  ch.  458,  sec.  15,' 39  Stat.  746.) 

766.  Same;  requisites. — The  notice  shall  state  the  name  and  ad- 
dress of  the  employee,  the  year,  month,  day,  and  hour  when  and 
the  particular  locality  where  the  injury  occurred,  and  the  cause  and 
nature  of  the  injury,  and  shall  be  signed  by  and  contain  the  address 

880 


GENERAL  LAWS  [T.  5,  §  771 

of  the  person  giving  the  notice.  (Sept.  7,  1916,  ch.  458,  sec.  16,  39 
Stat.  746.) 

767.  Same ;  failure  to  give. — Unless  notice  is  given  within  the  time 
specified  or  unless  the  immediate  superior  has  actual  knowledge  of 
the  injury,  no  compensation  shall  be  allowed,  but  for  any  reasonable 
cause  shown,  the  commission  may  allow  compensation  if  the  notice 
is  filed  within  one  year  after  the  injury.  (Sept.  7,  1916,  ch.  458, 
sec.  17,  39  Stat.  746.) 

768.  Written  claim. — No  compensation  under  this  chapter  shall  be 
allowed  to  any  person,  except  as  provided  in  section  788  of  this  title, 
unless  he  or  some  one  on  his  behalf  shall,  within  the  time  specified  in 
section  770  of  this  title,  make  a  written  claim  therefor.  Such  claim 
shall  be  made  by  delivering  it  at  the  office  of  the  commission  or  to 
any  commissioner  or  to  any  person  whom  the  commission  may  by 
regulation  designate,  or  by  depositing  it  in  the  mail  properly 
stamped  and  addressed  to  the  commission  or  to  any  person  whom  the 
commission  may  by  regulation  designate.  (Sept.  (,  1916,  ch.  458, 
sec.  18,  39  Stat.  746.) 

769.  Same;  form  and  requisites;  waiver. — Every  claim  shall  be 
made  on  forms  to  be  furnished  by  the  commission  and  shall  contain 
all  the  information  required  by  the  commission.  Each  claim  shall 
be  sworn  to  by  the  person  entitled  to  compensation  or  by  the  person 
acting  on  his  behalf,  and,  except  in  case  of  death,  shall  be  accom- 
panied by  a  certificate  of  the  employee's  physician  stating  the  nature 
of  the  injury  and  the  nature  and  probable  extent  of  the  disability. 
For  any  reasonable  cause  shown  the  commission  mav  waive  the  pro- 
visions of  this  section.     (Sept.  7,  1916,  ch.  458,  sec.  19,  39  Stat.  746.) 

770.  Time  for  making  claims. — All  original  claims  for  compensa- 
tion for  disability  shall  be  made  within  sixty  days  after  the  injury. 
All  original  claims  for  conipensation  for  death  shall  be  made  within 
one  year  after  the  death.  For  any  reasonable  cause  ghown  the  com- 
mission may  allow  original  claims  for  compensation  for  disability 
to  be  made  at  any  time  within  one  year.  (Sept.  7,  1916,  ch.  458, 
sec.  20,  39  Stat.  747;  June  13,  1922,  ch.  219,  42  Stat.  650.) 

771.  Physical  examinations;  refusal  to  submit  to. — After  the 

injury  the  employee  shall,  as  frequently  and  at  such  times  and  places 
as  may  be  reasonably  required,  submit  himself  to  examination  by  a 
medical  officer  of  the  United  States  or  by  a  duly  qualified  physician 
designated  or  approved  by  the  commission.  The  employee  may  have 
a  duly  qualified  physician  designated  and  paid  by  him  present  to 
participate  in  such  examination.  If  the  employee  refuses  to  submit 
himself  for  or  in  any  way  obstructs  any  examination,  his  right  to 
claim  compensation  under  this  chapter  shall  be  suspended  until  such 
refusal  or  obstruction  ceases.  No  compensation  shall  be  payable 
while  such  refusal  or  obstruction  continues,  and  the  period  of  such 
refusal  or  obstruction  shall  be  deducted  from  the  period  for  which 
compensation  is  payable  to  him. 

For  any  examination  required  by  the  commission  the  employee 
shall  be  paid  all  expenses  incident  to  such  examination  which,  in 

881 


T.  5,  §  772]  GENERAL  LAWS 

the  opinion  of  the  commission,  are  necegsary  and  reasonable,  includ- 
ing transportation  and  loss  of  wages  incurred  in  order  to  submit 
to  examination.  All  such  expenses  when  authorized  or  approved  by 
the  commission  shall  be  paid  from  the  employees'  compensation  fund. 
(Sept.  7,  1916,  ch.  458.  sec.  21,  39  Stat.  747;  June  26,  1926,  ch.  695, 
sec.  2,44  Stat.  772.) 

772.  Same;  disagreement  between  physicians. — >In  case  of  any 
disagreement  between  the  physician  making  an  examination  on  the 
part  of  the  United  States  and  the  emploj'ee's  phj^sician  the  commis- 
sion shall  appoint  a  third  physician,  duly  qualified,  who  shall  make 
an  examination.     (Sept.  7,  1916,  ch.  458,  sec.  22,  39  Stat.  747.) 

773.  Same;  physicians*  fees. — Fees  for  examinations  made  on  the 
part  of  the  United  States  under  sections  771  and  772  of  this  title  by 
physicians  who  are  not  already  in  the  service  of  the  United  States 
shall  be  fixed  by  the  commission.  Such  fees,  and  any  sum  payable  to 
the  employee  under  section  771,  when  authorized  or  approved  by  the 
commission,  shall  be  paid  from  the  employees'  compensation  fund. 
(Sept.  7,  1916,  ch.  458,  sec.  23,  39  Stat.  747;  June  26,  1926,  ch.  695. 
sec.  3,  44  Stat.  772.) 

774.  Report  to  commission  as  to  injury. — Immediately  after  ai» 
injury  to  an  employee  resulting  in  his  death  or  in  his  probable  disa- 
bility, his  immediate  superior  shall  make  a  report  to  the  commission 
containing  such  information  as  the  commission  may  require,  and 
shall  thereafter  make  such  supplementary  reports  as  the  commis- 
sion may  require.     (Sept.  7,  1916,  ch.  458,  sec.  24,  39  Stat.  747.) 

775.  Assignment  of  claim  for  compensation. — Any  assignment 
of  a  claim  for  compensation  under  this  chapter  shall  be  void  and  all 
compensation  and  claims  therefor  shall  be  exempt  from  all  claims  of 
creditors.     (Sept.  7,  1916,  ch.  458,  sec.  25,  39  Stat.  747.) 

776.  Subrogation  of  United  States  to  employee's  right  of  action ; 
assignment  by  employee ;  disposition  of  moneys  collected  from  per- 
son liable. — If  an  injury  or  death  for  which  compensation  is  payable 
under  this  chapter  is  caused  under  circumstances  creating  a  legal 
liability  upon  some  person  other  than  the  United  States  to  pay  dam- 
ages therefor,  the  commission  may  require  the  beneficiary  to  assign 
to  the  United  States  any  right  of  action  he  may  have  to  enforce  such 
liability  of  such  other  person  or  any  right  which  he  may  have  to 
share  in  any  money  or  other  property  received  in  satisfaction  of 
such  liability  of  such  other  person,  or  the  commission  may  require 
said  beneficiary  to  prosecute  said  action  in  his  own  name. 

If  the  beneficiary  shall  refuse  to  make  such  assignment  or  to 
prosecute  said  action  in  his  own  name  when  required  by  the  com- 
mission, he  shall  not  be  entitled  to  any  compensation  under  this 
chapter. 

The  cause  of  action  when  assigned  to  the  United  States  may  be 
prosecuted  or  compromised  by  the  commission,  and  if  the  commis- 
sion realizes  upon  such  cause  of  action,  it  shall  apply  the  money  or 
other  property  so  received  in  the  following  manner :  After  deducting 
the  amount  of  any  compensation  already  paid  to  the  beneficiary 
and  the  expense  of  such  realization  or  collection,  which  sum  shall  be 

882 


GENERAL  LAW8  [T.  5,  §  779 

placed  to  the  credit  of  the  employees'  compensation  fund,  the  sur- 
plus, if  anj'^,  shall  be  paid  to  the  beneficiary  and  credited  upon  any 
future  payments  of  compensation  payable  to  him  on  account  of  the 
same  injury.     (Sept.  7,  1916,  ch.  458^  sec.  26,  39  Stat.  747.) 

777.  Adjustment  in  case  of  receipt  by  employee  of  money  or 
property  in  satisfaction  of  liability  of  third  person. — If  an  injury 
or  death  for  which  compensation  is  payable  under  this  chapter  is 
caused  under  circumstances  creating  a  legal  liability  in  some  per- 
son other  than  the  United  States  to  pay  damages  therefor,  and  a 
beneficiary  entitled  to  compensation  from  the  United  States  for 
such  injury  or  death  receives,  as  a  result  of  a  suit  brought  by  him 
or  on  his  behalf,  or  as  a  result  of  a  settlement  made  by  him  or  on  his 
behalf,  any  money  or  other  property  in  satisfaction  of  the  liability 
of  such  other  person,  such  beneficiary  shall,  after  deducting  the  costs 
of  suit  and  a  reasonable  attorney's  fee,  apply  the  money  or  other 
property  so  received  in  the  following  manner: 

(A)  If  his  compensation  has  been  paid  in  whole  or  in  part,  he 
shall  refund  to  the  United  States  the  amount  of  compensation  which 
has  been  paid  by  the  United  States  and  credit  any  surplus  upon 
future  payments  of  compensation  payable  to  him  on  account  of  the 
same  injury.  Any  amount  so  refunded  to  the  United  States  shall 
be  placed  to  the  credit  of  the  employees'  compensation  fund. 

(B)  If  no  compensation  has  been  paid  to  him  by  the  United  States, 
he  shall  credit  the  money  or  other  property  so  received  upon  any 
compensation  payable  to  him  by  the  United  States  on  account  of 
the  same  injury.     (Sept.  7,  1916,  ch.  458,  sec.  27,  39  Stat.  747.) 

778.  United  States  Employees'  Compensation  Commission. — The 

United  States  Employees'  Compensation  Commission  shall  be  com- 
posed of  three  commissioners  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  one  of  whom  shall  be 
designated  by  the  President  as  chairman.  No  commissioner  shall 
hold  anjT^  other  office  or  position  under  the  United  States.  No  more 
than  two  of  said  commissioners  shall  be  members  of  the  same  political 
party.  One  of  said  commissioners  shall  be  appointed  for  a  term  of 
two  years,  one  for  a  term  of  four  years,  and  one  for  a  term  of  six 
years,  and  at  the  expiration  of  each  of  said  terms,  the  commissioner 
then  appointed  shall  be  appointed  for  a  period  of  six  years.  The 
principal  office  of  said  commission  shall  be  in  Washington,  District 
of  Columbia,  but  the  said  commission  is  authorized  to  perform  its 
work  at  any  place  deemed  necessary  by  said  commission,  subject  to 
the  restrictions  and  limitations  of  this  chapter.  (Sept.  7,  1916,  ch. 
458,  sec.  28,  39  Stat.  748.) 

779.  Same ;  other  official  bodies  discontinued ;  reports  from  other 
departments  to ;  transfer  of  clerks  and  employees. — Upon  the  organ- 
ization of  said  commission  and  notification  to  the  heads  of  all 
executive  departments  that  the  commission  is  ready  to  take  up  the 
work  devolved  upon  it  by  this  chapter,  all  commissions  and  inde- 
pendent bureaus,  by  or  in  which  payments  for  compensation  were 
provided,  on  September  7,  1916,  together  with  the  adjustment  and 
settlement  of  such  claims,  shall  cease  and  determine,  and  such  execu- 
tive departments,  commissions,  and  independent  bureaus  shall  trans- 

883 


T.  5,  §  780]  GENERAL  LAWS 

fer  all  pending  claims  to  said  commission  to  be  administered  by  it. 
The  said  commission  may  obtain,  in  all  cases,  in  addition  to  the 
reports  provided  in  section  774  of  this  title,  such  information  and 
such  reports  from  employees  of  the  departments  as  may  be  agreed 
upon  by  the  commission  and  the  heads  of  the  respective  departments. 
All  clerks  and  employees  on  September  7,  1916,  exclusively  engaged 
in  carrying  on  said  work  in  the  various  executive  departments,  com- 
missions, and  independent  bureaus,  are  transferred  to,  and  become 
employees  of,  the  commission  at  their  present  grades  and  salaries. 
(Sept.  7,  1916,  ch.  458,  sec.  28a,  39  Stat.  748.) 

780.  Same;  subpoenas  for  witnesses. — The  commission,  or  any 
commissioner  b}'  authority  of  the  commission,  shall  haye  power  to 
issue  subpoenas  for  and  compel  the  attendance  of  witnesses  within 
a  radius  of  one  hundred  miles,  to  require  the  production  of  boolcs, 
papers,  documents,  and  other  evidence,  to  administer  oaths,  and  to 
examine  witnesses,  upon  any  matter  within  the  jurisdiction  of  the 
commission.     (Sept.  7,  1916,  ch.  458,  sec.  29,  39  Stat.  748.) 

781.  Same;  assistants,  clerks,  and  other  employees;  civil  serv- 
ice.— Assistants,  clerks,  and  other  employees  of  the  commission  shall 
be  appointed  from  lists  of  eligibles  to  be  supplied  by  the  Civil  Service 
Commission,  and  in  accordance  with  the  civil  service  law.  (Sept.  7, 
1916,  ch.  458,  sec.  30,  39  Stat.  748.) 

782.  Same;  estimates  of  appropriations. — The  commission  shall 
submit  annually  to  the  Secretary  of  the  Treasury  estimates  of  the 
appropriations  necessary  for  the  work  of  the  commission.  (Sept. 
7,  1916,  ch.  458,  sec.  31,  39  Stat.  749.) 

783.  Same ;  rules  and  regulations. — The  commission  is  authorized 
to  make  necessary  rules  and  regulations  for  the  enforcement  of  this 
chapter,  and  shall  decide  all  questions  arising  under  this  chapter. 
(Sept.  7,  1916,  ch.  458,  sec.  32,  39  Stat.  749.) 

784.  Same;  reports. — The  commission  shall  make  to  Congress  at 
the  beginning  of  each  regular  session  a  report  of  its  work  for  the 
preceding  fiscal  year,  including  a  detailed  statement  of  appropria- 
tions and  expenditures,  a  detailed  statement  showing  receipts  of  and 
expenditures  from  the  employees'  compensation  fund,  and  its  recom- 
mendations for  legislation.  (Sept.  7,  1916,  ch.  458,  sec.  33.  39  Stat. 
749.) 

785.  Employees*  compensation  fund. — There  is  authorized  to  be 
appropriated,  from  any  money  in  the  Treasury  not  otherwise  ap- 
propriated, the  sum  of  $500,000,  to  be  set  aside  as  a  separate  fund 
in  the  Treasury,  to  be  known  as  the  employees'  compensation  fund. 
To  this  fund  there  shall  be  added  such  sums  as  Congress  may  from 
time  to  time  appropriate  for  the  purpose.  Such  fund,  including  all 
additions  that  may  be  made  to  it,  is  authorized  to  be  permanently 
appropriated  for  the  payment  of  the  compensation  provided  by  this 
chapter,  including  the  medical,  surgical,  and  hos])ital  services  and 
supplies  provided  by  section  759  of  this  title,  and  the  transportation 
and  burial  expenses  provided  by  sections  759  and  761  of  this  title. 
The  commission  shall  submit  annually  to  the  Secretary  of  the  Treas- 

884 


GENERAL  LAWS  [T.  5,  §  790 

ury  estimates  of  the  appropriations  necessary  for  the  maintenance  of 
the  fund.     (Sept.  7,  11)16,  ch.  458,  sec.  35,  39  Stat.  749.) 

786.  Findings  and  award  by  commission;  payment  of  compen- 
sation.— The  commission,  upon  consideration  of  the  claim  presented 
by  the  beneficiary,  and  the  report  furnished  by  the  immediate 
superior  and  the  completion  of  such  investigation  as  it  may  deem 
necessary,  shall  determine  and  make  a  finding  of  facts  thereon  and 
make  an  award  for  or  against  payment  of  the  compensation  pro- 
vided for  in  this  chapter.  Compensation  when  awarded  shall  be  paid 
from  the  employees'  compensation  fund.  (Sept.  7,  1916,  ch.  458,  sec. 
36,  39  Stat.  749.") 

787.  Same;  review. — If  the  original  claim  for  compensation  has 
been  made  within  the  time  specified  in  section  770  of  this  title,  the 
commission  may,  at  any  time,  on  its  own  motion  or  on  application, 
review  the  award,  and,  in  accordance  with  the  facts  found  on  such 
review,  may  end,  diminish,  or  increase  the  compensation  previously 
awarded,  or,  if  compensation  has  been  refused  or  discontinued,  award 
compensation.  In  the  absence  of  fraud  or  mistake  in  mathematical 
calculation,  the  finding  of  facts  in,  and  the  decision  of  the  com- 
mission upon,  the  merits  of  any  claim  presented  under  or  authorized 
by  this  chapter  if  supported  by  competent  evidence  shall  not  be 
subject  to  review  by  any  other  administrative  or  accounting  officer, 
employee,  or  agent  of  the  United  States.  Any  award  made  by  the 
Compensation  Commission  for  disability  or  death  resulting  from  a 
personal  injury  sustained  prior  to  June  5,  1924,  shall  be  valid,  if 
such  award  would  be  valid  if  made  in  respect  to  an  injury  sustained 
thereafter.  (Sept.  7,  1916,  ch.  458,  sec.  37,  39  Stat.  749;  June  5, 
1924,  ch.  261,  sec.  1,  43  Stat.  389.) 

788.  Same ;  cancellation ;  recovery  of  compensation  paid. — If  any 

compensation  is  paid  under  a  mistake  of  law  or  of  fact,  the  com- 
mission shall  immediately  cancel  any  award  under  which  such 
compensation  has  been  paid  and  shall  recover,  as  far  as  practicable, 
any  amount  which  has  been  so  paid.  Any  amount  so  recovered  shall 
be  placed  to  the  credit  of  the  employees'  compensation  fund.  (Sept. 
7,  1916,  ch.  458,  sec.  38,  39  Stat.  749.) 

789.  Penalty  for  perjury. — ^Whoever  makes,  in  any  affidavit  re- 
quired under  section  754  of  this  title  or  in  any  claim  for  compensa- 
tion, any  statement,  knowing  it  to  be  false,  shall  be  guilty  of  perjury 
and  shall  be  punished  by  a  fine  of  not  more  than  $2,000,  or  by  im- 
prisonment for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment.     (Sept.  7,  1916,  ch.  458,  sec.  39,  39  Stat.  749.) 

790.  Terms  defined. — Wherever  used  in  this  chapter — 

The  singular  includes  the  plural  and  the  masculine  includes  the 
feminine. 

The  term  "  employee  "  includes  all  civil  employees  of  the  United 
States  and  of  the  Panama  Railroad  Company, 

The  term  "  commission  "  shall  be  taken  to  refer  to  the  United 
States  Employees'  Compensation  Commission  provided  for  in  sec- 
tion 778  of  this  title. 

The  term  "  physician  "  includes  surgeons. 

885 


T.  5,  §  791]  GENERAL  LAWS 

The  term  "  montlily  pay  "  shall  be  taken  to  refer  to  the  monthly 
pay  at  the  time  of  the  injury. 

The  term  "injury"  includes,  in  addition  to  injury  by  accident, 
any  disease  proximately  caused  by  the  employment. 

The  term  "  compensation "  includes  the  money  allowance  pay- 
able to  an  employee  or  his  dependents  and  any  other  benefits  paid 
for  out  of  the  compensation  fund:  Provided^  however^  That  this 
shall  not  in  any  way  reduce  the  amount  of  the  monthly  compensa- 
tion payable  in  case  of  disability  or  death.  (Sept.  7,  1916,  ch.  458, 
sec.  40,  39  Stat.  750;  June  5,  1924,  ch.  261,  sec.  2,  43  Stat.  389.) 

791.  Injuries  which  occurred  prior  to  September  7, 1916;  injuries 
for  which  Panama  Railroad  Company  liable. — For  injuries  which 
occurred  prior  to  September  7,  1916,  compensation  shall  be  paid 
under  the  law  then  in  force.  If  an  injury  or  death  for  which  com- 
pensation is  payable  under  this  chapter  is  caused  under  circum- 
stances creating-  a  legal  liability  in  the  Panama  Railroad  Company 
to  pay  damages  therefor  under  the  laws  of  any  State,  Territory,  or 
possession  of  the  United  States  or  of  the  District  of  Columbia  or 
of  any  foreign  country,  no  compensation  shall  be  payable  until  the 
person  entitled  to  compensation  releases  to  the  Panama  Railroad 
Company  any  right  of  action  which  he  may  have  to  enforce  such 
liability  of  the  Panama  Railroad  Company,  or  until  he  assigns  to 
the  United  States  any  right  which  he  may  have  to  share  in  any 
money  or  other  property  received  in  satisfaction  of  such  liability 
of  the  Panama  Railroad  Company.  (Sept.  7,  1916,  ch.  458,  sec.  41, 
39  Stat.  750.) 

Note. — Sections  792,  794  and  795  of  this  title  are  not  shown  since  they 
relate,  respectively,  to  employees  of  the  Alaska  Railroad,  the  District  of 
Columbia,  and  the  Shipping  Board  Merchant  Fleet  Coi-poration. 

793.  Transfer  of  administration  of  chapter  to  other  bodies ;  regu- 
lations as  to  payment ;  employees  of  Panama  Canal  and  of  Alaskan 
Engineering-  Commission. — The  President  may,  from  time  to  time, 
transfer  the  administration  of  this  chapter  so  far  as  employees  of 
the  Panama  Canal  and  of  the  Panama  Railroad  Company  are  con- 
cerned to  the  governor  of  the  Panama  Canal,  and  so  far  as  em- 
ployees of  the  Alaskan  Engineering  Commission  are  concerned  to 
the  chairman  of  that  commission,  in  Avhich  cases  the  words  "  com- 
mission "  and  "  its  "  wherever  they  appear  in  this  chapter  shall, 
so  far  as  necessary  to  give  effect  to  such  transfer,  be  read  "  governor 
of  the  Panama  Canal"  or  "chairman  of  the  Alaskan  Engineering 
Commission,"  as  the  case  may  be,  and  "his";  and  the  expenses  of 
medical  examinations  under  section  771  and  772  of  this  title,  and 
the  reasonable  traveling  and  other  expenses  and  loss  of  wages  pay- 
able to  employees  under  section  771,  shall  be  paid  out  of  appropria- 
tions for  the  Panama  Canal  or  for  the  Alaskan  Engineering  Com- 
mission or  out  of  funds  of  the  Panama  Railroad,  as  the  case  may  be, 
instead  of  out  of  the  appropriation  for  the  work  of  the  commission. 

In  the  case  of  compensation  to  emjiloyees  of  the  Panama  Canal  or 
of  the  Panama  Railroad  Company  for  tem})orary  disability,  either 
total  or  partial,  the  President  may  authorize  the  governor  of  the 
Panama  Canal  to  waive,  at  his  discretion,  the  making  of  the  claim 

8SC 


GENERAL  LAWS  [T.  5,  §  823 

required  by  section  768.  In  the  case  of  alien  employees  of  the  Pan- 
ama Canal  or  of  the  Panama  Railroad  Company,  or  of  any  class  or 
classes  of  them,  the  President  may  remove  or  modify  the  minimum 
limit  established  by  section  756  of  this  title  on  the  monthly  com- 
pensation for  disability  and  the  minimum  Ihnit  established  by  clause 
(K)  of  section  760  of  this  title  on  the  monthly  pay  on  which  death 
compensation  is  to  be  computed.  The  President  may  authorize  the 
governor  of  the  Panama  Canal  and  the  chairman  of  the  Alaskan 
Engineerino-  Commission  to  pay  the  compensation  provided  by  this 
chapter,  including  the  medical',  surgical,  and  hospital  services  and 
supplies  provided  by  section  759  of  this  title  and  the  transportation 
and  burial  expenses  provided  by  sections  759  and  761  of  this  title,  out 
of  the  appropriations  for  the  Panama  Canal  and  for  the  Alaskan 
Engineering  Commission,  such  appropriations  to  be  reimbursed  for 
such  payments  by  the  transfer  of  funds  from  the  employees'  com- 
pensation fund.     (Sept.  7,  1916,  ch.  458,  sec.  42,  39  Stat.  750.) 

Cross-Referbnce 

See,  also,  Canal  Zone  Code,  title  2,  sections  121  to  123. 

CHAPTER  16.— SUBSISTENCE  EXPENSE  ACT  OF  1926 

Section  821.  Citation.— Sections  821  to  833  of  this  title  may  be 
cited  as  the  '^  Subsistence  Expense  Act  of  1926."  (June  3,  1926,  ch. 
457,  sec.  1,  44  Stat.  688.) 

^OTEi  — The  following  sections  of  chapter  16,  are  not  shown :  Sections  824  to 
826,  which  were  repealed  in  1932 ;  and  sections  830  to  833,  which  relate,  respec- 
tively, to  travel  allowances  of  the  President,  travel  allowances  of  postal  clerks, 
appropriations  for  1927,  and  the  effective  date  of  the  Act. 

This  chapter  is  affected  by  section  73a  of  title  5,  hereinbefore  shown. 

822.  Definitions.— When  used  in  sections  821  to  833  of  this  title— 
The  term  "departments  and  establishments"  means  any  execu- 
tive   department,    independent    commission,    board,    bureau,    office, 
agency,  or  other  establishment  of  the  Government,  including  the 
municipal  government  of  the  District  of  Columbia. 

The  term  "  subsistence  "  means  lodging,  meals,  and  other  neces- 
sary expenses  incidental  to  the  personal  sustenance  or  comfort  of  the 
traveler. 

The  term  "actual  expenses"  means  the  actual  amounts  necessarily 
expended  by  the  traveler  for  subsistence  and  itemized  in  accounts 
for  reimbursement. 

The  term  "  per  diem  allowance  "  means  a  daily  flat  rate  of  payment 
in  lieu  of  actual  expenses.  (June  3,  1926,  ch.  457,  sec.  2,  44  Stat. 
689.) 

823.  Officers  and  employees  away  on  official  business;  allowance 
of  actual  necessary  expenses.— Civilian  officers  and  employees  of  the 
departments  and  establishments,  while  traveling  on  official  business 
and  away  from  their  designated  posts  of  duty,  shall  be  allowed,  in  lieu 
of  their  actual  expenses  for  subsistence  and  all  fees  or  tips  to  porters 
and  stewards,  a  per  diem  allowance  to  be  prescribed  by  the  head  of 
the  department  or  establishment  concerned,  not  to  exceed  the  rate 
of  $5  within  the  limits  of  continental  United  States,  and  not  to  ex- 

887 


T.  5,  §  823a]  GENERAL  LAWS 

ceed  an  average  of  $6  beyond  the  limits  of  continental  United  States. 
(June  3,  1926,  ch.  457,  sec.  3,  44  Stat.  689;  June  30,  1932,  ch.  314, 
sec.  207,  47  Stat.  405.) 

CrOSS-REFERExN  CEI 

Transportation  of  Government  officials  on  ships  registered  under  the  laws  of 
the  United  States,  see  title  46,  section  891r. 

823a.  Transportation  of  effects ;  automobiles. — After  July  1, 1932, 
no  law  or  regulation  authorizing  or  permitting  the  transportation 
at  Government  expense  of  the  effects  of  officers,  employees,  or  other 
persons,  shall  be  construed  or  applied  as  including  or  authorizing 
the  transportation  of  an  automobile :  Provided^  That  not  more  than 
$5,000  in  any  fiscal  year  may  be  expended  for  such  purposes  by  the 
War  Department,  and  not  more  than  $5,000  in  any  fiscal  year  by  the 
Navy  Department.     (June  30,  1932,  ch.  314,  sec.  209,  47  Stat.  405.) 

827.  Regulations  governing  expenses  or  per  diem;  standardiza- 
tion.— The  fixing  and  payment,  under  section  823  of  this  title,  of  per 
diem  allowance,  or  portions  thereof,  shall  be  in  accordance  with 
regulations  which  shall  be  promulgated  b}^  the  heads  of  departments 
and  establishments  and  which  shall  be  standardized  as  far  as  practi- 
cable and  shall  not  be  effective  until  approved  by  the  President  of 
the  United  States.  (June  3,  1926,  ch.  457,  sec.  7,  44  Stat.  689 ;  June 
30,  1932,  ch.  314,  sec.  208,  47  Stat.  405.) 

828.  Advancements  and  deduction  thereof. — The  heads  of  depart- 
ments and  establishments,  under  regulations  which  shall  be  pre- 
scribed by  the  Secretary  of  the  Treasury  for  the  protection  of  the 
United  States,  may  advance  through  the  proper  disbursing  officers 
from  applicable  appropriations  to  any  person  entitled  to  actual  ex- 
penses or  per  diem  allowance  under  sections  821  to  833  of  this  title 
such  sums  as  may  be  deemed  advisable  considering  the  character  and 
probable  duration  of  the  travel  to  be  performed.  Any  sums  so  ad- 
vanced shall  be  recovered  from  the  person  to  whom  advanced,  or  his 
estate,  by  deduction  from  any  amount  due  from  the  United  States 
or  by  such  other  legal  method  of  recovery  as  may  be  necessary. 
(June  3,  1926,  ch.  457,  sec.  8,  44  Stat.  689.) 

829.  Repeal  of  inconsistent  laws;  exceptions. — All  laws  or  parts 
of  laws  which  are  inconsistent  with  or  in  conflict  with  the  provisions 
of  sections  821  to  833  of  this  title  except  such  laws  or  parts  of  law  as 
specially  fix  or  now  permit  rates  higher  than  the  maximum  rat«s 
established  in  said  sections  are  hereby  repealed  or  modified  only  to 
the  extent  of  such  inconsistency  or  conflict.  (June  3,  1926,  ch.  457, 
sec.  9,  44  Stat.  689.) 

UNITED  STATES  CODE,  TITLE  6 

OFFICIAL  AND   PENAL  BONDS 

Note. — For  provisions  respecting  ofiicial  bonds,  see  title  6,  sections  2  et  seq. 


888 


GENERAL  LAWS  [T.  8,  §  173 

UNITED  STATES  CODE,  TITLE  7 

AGRICULTURE 

Section  116.  Misbranded  seed;  transportation  in  interstate 
commerce. — 

Note— Interstate  commerce  as  used  in  section  116  includes  "commerce  be- 
tween any  State.  Territory,  or  possession,  or  the  District  of  Columbia,  and  any 
other  State,  Territory,  or  possession,  or  the  District  of  Columbia ;  or  between 
points  within  the  same  State,  Territory,  or  possession,  or  the  District  of  Co- 
lumbia, but  through  any  place  outside  thereof;  or  within  any  Territory  or 
possession,  or  the  District  of  Columbia." 

UNITED  STATES  CODE,  TITLE  8 

ALIENS  AND  CITIZENSHIP 
CHAPTER  1.— CITIZENSHIP 

Section  5b.  Citizenship  of  natives  of  Virgin  Islands  residing  in 
Canal  Zone.— The  following  persons  and  their  children  born  subse- 
quent to  January  17,  1917,  are  hereby  declared  to  be  citizens  of  the 

United  States;: 

******* 

(d)  All  natives  of  the  Virgin  Islands  of  the  United  States  who 
are,  on  June  28,  1932,  residing  in  continental  United  States,  the  Vir- 
gin Islands  of  the  United  States,  Puerto  Rico,  the  Canal  Zone,  or  any 
other  insular  possession  or  Territory  of  the  United  States,  who  are 
not  citizens  or  subjects  of  any  foreign  country,  regardless  of  their 
place  of  residence  on  January  17,  1917.  (Feb.  25,  1927,  ch.  192  sec. 
1,  44  Stat.  1234,  as  amended  June  28,  1932,  ch.  283,  sec.  5,  47  Stat. 
336.) 

Note.— Act  Feb.  25,  1927,  cited  to  the  text,  was  entitled  "An  Act  to  confer 
United  States  citizenship  upon  certain  inhabitants  of  the  Virgin  Islands  and 
to  extend  the  naturalization  laws  thereto." 

CHAPTER  6.— IMMIGRATION 

Section  136.  Exclusion  from  United  States  of  certain  aliens  seek- 
ing entry  by  way  of  Canal  Zone.— (Feb.  5, 1917,  ch.  29,  sec.  3,  39  Stat. 
875;  June  5,  1920,  ch.  243,  41  Stat.  981.) 

Note.— Paragraph  (h)  of  section  136,  excluding  contract  laborers  from  ad- 
mission into  the  United  States,  contains  a  proviso  which  reads  as  follows: 

"And  provided  furtJier,  That  whenever  the  President  shall  be  satisfied  that 
passports  issued  bv  any  foreign  Government  to  its  citizens  or  subjects  to  go  to 
any  country  other' than  the  United  States,  or  to  any  insular  possession  of  the 
United  States  or  to  the  Canal  Zone,  are  being  used  for  the  purpose  of  enabling 
the  holder  to  come  to  the  continental  territory  of  the  United  States  to  the 
detriment  of  labor  conditions  therein,  the  President  shall  refuse  to  permit  such 
citizens  or  subjects  of  the  country  issuing  such  passports  to  enter  the  conti- 
nental territory  of  the  United  States  from  such  other  country  or  from  such 
insular  possession  or  from  the  Canal  Zone." 

173.  Term  "United  States"  as  excluding  Canal  Zone;  status  of 
alien  leaving  Zone  and  attempting  to  enter  other  place  under  juris- 
diction of  United  States.— The  word  "  alien  "  wherever  used  in  sec- 
tions 132,  136,  138,  139,  142  to  156,  158  to  165,  166  (second  sentence), 
168,  169,  171,  175, 177,  and  178  of  this  title,  shall  include  any  person 
not  a  native-born  or  naturalized  citizen  of  the  United  States ;  but  this 


03083—34- 


889 


T.  8,  §  204]  GENERAL  LAWS 

definition  shall  not  be  held  to  include  citizens  of  the  islands  under 
the  jurisdiction  of  ihe  United  States. 

The  term  ''  United  States  "  shall  be  construed  to  mean  the  United 
States,  and  any  waters,  territory,  or  other  place  subject  to  ihe  juris- 
diction thereof,  except  the  Isthmian  Canal  Zone;  but  if  any  alien 
shall  leave  the  Canal  Zone  or  any  insular  possession  of  the  United 
Sta  es  and  attempt  to  enter  any  other  place  under  the  jurisdiction  of 
the  United  States,  nothing  contained  in  said  sections  shall  be  con- 
strued as  jDermittino;  him  to  enter  under  any  other  conditions  than 
those  applicable  to  all  aliens. 

4:  *  1):  *  *  *  * 

(Feb.  5.  1917.  ch.  29,  sees.  1,  37,  39  Stat.  874,  897;  June  2,  1924,  ch. 
233,  43  S.at.  253.) 

Note. — The  Act  of  Feb.  5,  1917,  cli.  '29.  cited  to  the  text,  was  entitled  "An  Act 
to  i-esulafe  tlie  imiui.Lrr,Mti(m  of  nliens  to.  and  tlie  residence  of  aliens  in,  the 
United  States."  The  Act  comprises  tlie  above  section  and  the  sections  enu- 
merated therein. 

204.  Nonquota  immigrant  as  including-  immigrant  born  in  Canal 
Zone. — When  used  in  this  subchapter  the  term  "  nonquota  innni- 
grant  "  means — 

(c)  An  immigrant  who  was  born  in  the  Dominion  of  Canada, 
Newfoundland,  the  Republic  of  Mexico,  the  Republic  of  Cuba,  the 
Rejniblic  of  Haiti,  the  Dominican  Republic,  the  Canal  Zone,  or  an 
independent  country  of  Central  or  South  America,  and  his  wife, 
and  his  unmarried  children  under  eighteen  years  of  age,  if  accom- 
panying or  following  to  join  him; 

******* 

(May  26.  1924,  ch.  190,  sec.  4,  43  Stat.  155.) 

NoTK. — The  subchapter  above  referred  to  relates  to  quota  and  nonquota 
imniistrants  and  comprises  the  Immigration  Act  of  1924  (sees.  201  to  230  of 
title  8). 

224.  Consular  officer  defined  in  the  case  of  the  Canal  Zone. — As 

used  in  this  subchapter — 

******* 

(e)  The  term  "  consular  officer  "  means  any  consular  or  diplomatic 
officer  of  the  United  States  designated,  under  regulaticms  prescribed 
under  this  subchapter,  for  the  purpose  of  issuing  immigration  visas 
under  this  subchaj^ter.  In  case  of  the  Canal  Zone  and  the  insular 
possessions  of  the  United  States  the  term  "  consular  officer  "  (except 
as  used  in  section  222  of  this  title)  means  an  officer  designated  by 
the  President,  or  by  his  autliority,  for  the  purpose  of  issuing  immi- 
gration visas  under  this  subchapter; 

******* 

(May  20.  1924,  ch.  190,  sec.  28,  43  Stat.  1G8;  June  2.  1924,  ch.  233, 
43  Stat.  253.) 

Note. — The  subchapter  above  referred  to  comprises  the  "  Immigration  Act  of 
1924."  Section  222  of  title  8,  provides  that  rules  and  regulation-  for  the 
enforcement  of  the  subchapter,  so  far  as  they  relate  to  adnunistralion  by 
consular  officers,  shall  be  prescribed  by  the  Secretary  of  State  on  the  recom- 
mendation of  the  Secretary  of  Labor. 

890 


aENERAL  LAWS  [T.  12,  §  95a 

CHAPTER  9.— NATURALIZATION 

Section  389.  Alien  declarant  honorably  discharged  from  Army, 
Navy,  etc.,  subsequently  accepted  conditionally  in  military  or  naval 
service;  residence  in  Canal  Zone  considered  residence  within 
United  States. — Any  alien  declarant  who  has  served  in  the  United 
States  Army  or  Navy,  or  tlie  Philippine  Constabulary,  and  has  been 
honorably  discharged  therefrom,  and  has  been  accepted  for  service  in 
either  the  military  or  naval  service  of  the  United  States  on  the  con- 
dition that  he  becomes  a  citizen  of  the  United  States,  may  file  his 
petition  for  naturalization  upon  proof  of  continuous  residence  within 
the  United  States  for  the  three  years  immediately  preceding  his 
petition,  by  two  witnesses,  citizens  of  the  United  States,  and  in  these 
cases  only  residence  in  the  Philippine  Islands  and  the  Panama  Canal 
Zone  by  aliens  may  be  considered  residence  Avithin  the  United  States, 
and  the  place  of  such  military  service  shall  be  construed  as  the  place 
of  residence  required  to  be  established  for  purposes  of  naturalization. 
(June  29.  1906,  ch.  3592,  sec.  4  (7)  ;  May  9,  1918,  ch.  69,  sec.  1, 
40  Stat.  542.) 

UNITED  STATES   CODE,  TITLE   10 

ARMY 

Section  371.  Government  employees  as  reserve  officers;  leaves 
of  absence  when  ordered  to  duty. — All  officers  and  employees  of  the 
United  States  or  of  the  District  of  Columbia  who  shall  be  members 
of  the  Officers'  Reserve  Corps  shall  be  entitled  to  leave  of  absence 
from  their  respective  duties,  without  loss  of  pay,  time,  or  efficiency 
rating,  on  all  days  during  which  they  shall  be  ordered  to  duty  with 
troops  or  at  field  exercises,  or  for  instruction,  for  periods  not  to 
exceed  fifteen  days  in  any  one  calendar  year;  and  when  relieved 
from  dutv,  they  shall  be  restored  to  the  positions  held  bv  them  when 
ordered  to  duty.    (May  12,  1917,  ch.  12.  40  Stat.  72.) 

916.  Disposition  of  remains  of  civilian  employees  of  Army  who 
die  in  Canal  Zone.— (Mar.  9,  1928,  ch.  162,  45  Stat.  251.) 

Note. — This  section  autliorizes  the  appropriation  of  funds  for  interment  or 
preparation  and  transportation  to  their  homes  of  the  remains  of  civilian  em- 
ployees of  the  Army  who  die  in  the  Canal  Zone. 

UNITED  STATES  CODE,  TITLE   12 

BANKS  AND  BANKING 

Section  95a.  Embargo  on  bullion  or  coin ;  hoarding ;  requirement 
of  disclosure;  penalties. —  (As  amended  Mar.  9,  1933,  ch.  1,  sec.  2, 
48  Stat.  1.) 

Note. — This  section  authorizes  the  President  during  periods  of  national 
emergency  to  rejiulate  or  prohibit  any  ti'ansacticns  in  foreign  exchange,  trans- 
ft'rs  of  credit  between  or  payments  by  banlcing  iii.^titutions,  and  export,  hoard- 
ing, melting,  or  earmarking  of  gold  or  silver  coin  or  bullion  av  currercy,  by 
"any  person  within  tlie  United  States  or  any  place  subject  to  ihe  jurisdiction 
thereof."  The  section  further  provides  for  the  punishment  of  w.hful  violators. 
See,  also,  section  95b  of  this  title. 

891 


T.  12,  §  201]  GENERAL  LAWS 

201  to  211.  Bank  ConseiTation  Act.— (Mar.  9, 1933,  ch.  1,  title  II, 
48  Stat.  2.) 

Note. — As  used  in  these  sections  comprising  the  Bank  Conservation  Act,  the 
term  "  State "  means  "  any  State,  Territory,  or  possession  of  the  United 
States,  and  the  Canal  Zone." 

611  to  632.  Organization  of  corporations  to  engage  in  banking  in 
a  dependency  of  United  States. — 

Note. — These  sections  relate  to  the  organization  of  corporations  for  the  pur- 
pose of  engaging  in  international  or  foreign  banking  or  other  international  or 
foreign  financial  operations,  or  in  banking  or  otlier  financial  operations  in  a 
dependency  or  insular  possession  of  the  United  States.  Section  611,  after  au- 
thorizing the  formation  of  such  corporations,  provides  as  follows : 

"  Provided,  That  nothing  in  this  section  shall  be  construed  to  deny  the  right 
of  the  Secretary  of  the  Treasury  to  use  any  corporation  organized  under  this 
section  as  depositaries  in  Panama  and  the  Panama  Canal  Zone,  or  in  the 
Philippine  Islands  and  other  insular  possessions  and  dependencies  of  the  United 
States." 

UNITED  STATES  CODE,  TITLE  13 

CENSUS 

Section  201.  Authorization  of  decennial  censuses;  scope  of  in- 
quiries; census  of  Canal  Zone. — A  census  of  population,  agriculture, 
irrigation,  drainage,  distribution,  unemployment,  and  mines  shall 
be  taken  b_y  the  Director  of  the  Census  in  the  year  1930  and  every  ten 
years  thereafter.  The  census  herein  provided  for  shall  include  each 
State,  the  District  of  Columbia,  Alaska,  Hawaii,  and  Porto  Rico. 
A  census  of  Guam,  Samoa,  and  the  Virgin  Islands  shall  be  taken 
in  the  same  year  by  the  respective  governors  of  said  islands  and  a 
census  of  the  Panama  Canal  Zone  by  the  Governor  of  the  Canal 
Zone,  all  in  accordance  with  plans  prescribed  or  approved  by  the 
Director  of  the  Census.    (June  18,  1929,  ch.  28,  sec.  1,  46  Stat.  21.) 

Note. — The  Act  cited  to  the  text  was  entitled  "An  Act  to  provide  for  the 
fifteenth  and  subsequent  decennial  censuses  and  to  provide  for  apportionment 
of  Representatives  in   Congress." 

Section  20  of  said  Act  (46  Stat.  26)  provided  as  follows:  "For  the  purpose 
of  carrying  out  the  pi'ovisions  of  this  Act  (chapter)  during  the  fifteenth  de- 
cennial census  period,  there  is  authorized  to  be  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  the  sum  of  $39,593,000." 

UNITED  STATES  CODE,  TITLE  15 

COMMERCE    AND    TRADE 

Cb.                                                                   Sec.  Ch.                                                                   Sec. 

1.  Monopolies  and  combinations  in  re-  3.  Trade  marks 81 

straint   of  trade 12      11.  Federal  Caustic  Poison  Act 401 

2A.  Securities  Act  of  1933 77a 

CHAPTER  1.— MONOPOLIES   AND   COMBINATIONS    IN   RESTRAINT 

OF  TRADE 

Sections  12  to  27.  Monopolies  and  combinations  in  restmint  of 
trade.— (Oct.  15,  1914,  ch.  323,  38  Stat.  730,  as  amended.) 

Note. — These  sections  were  derived  from  an  act  entitled  "An  act  to  supple- 
ment existing  laws  against  unlawful  restraints  and  monopolies,  and  for  otlier 
purposes  ",  cited  above,  and  commonly  known  as  the  Clayton  Act. 

As  defined  in  section  12,  "  commerce ",  as  used  in  said  sections  12  to  27, 
means  "  trade  or  commerce  among  the  several  States  and  with  foreign  nations, 

892 


OENERAL  LAWS  [T.  15,  §  4{tl 

or  between  the  District  of  Columbia  or  any  Territory  of  the  United  States  and 
any  State,  Territory,  or  foreign  nation,  or  between  any  insular  possessions  or 
other  places  under  the  jurisidiction  of  the  United  States,  or  lietween  any  such 
possession  or  place  and  any  State  or  Territory  of  tlie  United  States  or  the 
District  of  Columbia  or  any  foreign  nation,  or  within  the  District  of  Colum- 
bia or  any  Territory  or  any  insular  possession  or  other  place  under  the  juris- 
diction of  the  United  States :  Provided,  That  nothing  in  the  aforesaid  sections 
contained  shall  apply  to  the  Philippine  Islands." 

Secton  9  of  the  Clayton  Act,  making  it  a  felony  for  an  oflScer  of  a  common 
carrier  to  embezzle  its  funds,  constitutes  section  412  of  title  18.  Sections  17-19 
and  21-25  of  that  Act,  relating  to  injunctive  relief,  constitute  secti<nis  381-383 
and  386-390  of  title  28.  Section  20  of  that  Act,  relating  to  injunctions  in  labor 
strikes,  constitutes  section  52  of  title  29. 

31,  Panama  Canal  closed  to  violators  of  antitrust  laws. — 

Note. — This  section  appears  in  the  Canal  Zone  Code  as  section  11  of  title  2. 
CHAPTER  2A.— SECURITIES  ACT  OF  1933 

Sections  77a  to  77aa,  Securities  Act  of  1933.— (May  27,  1933, 

cli.  38,  title  1,  48  Stat.  74.) 

Note. — The  act  above  cited  was  entitled  "An  Act  to  provide  full  and  fair 
disclosure  of  the  character  of  securities  sold  in  interstate  and  foreign  commerce 
and  tlirough  the  mails,  and  to  prevent  frauds  in  the  sale  thereof,  and  for 
other  purposes." 

The  term  "Territory",  as  defined  in  section  77b  (6),  means  Alaska, 
Hawaii,  Puerto  Rico,  the  Philippine  Islands,  Canal  Zone,  the  Virgin  Islands, 
and  the  insular  possessions  of  the  United  States. 

The  term  "interstate  commerce",  as  defined  in  section  77b  (7),  means 
trade  or  commerce  in  securities  or  any  transportation  or  communication 
relating  thereto  among  the  several  States  or  between  the  District  of  Columbia 
or  any  Territory  of  the  United  States  and  any  State  or  other  Territory,  or 
between  any  foreign  country  and  any  State,  Territory,  or  the  District  of 
Columbia,  or  within  the  District  of  Columbia. 

This  subchapter  regulates  the  use  of  any  means  or  instruments  of  trans- 
portation or  communication  in  interstate  commerce  or  of  the  mails  in  con- 
nection Avith  the  sale  or  offer  to  buy  securities,  as  defined  in  the  subchapter 
and  suliject  to  the  exceptions  therein  contained,  through  the  medium  of  a 
prospectus  or  otherwise,  the  carriage  of  securities  for  the  purpose  of  sale  or  for 
delivery  after  sale,  and  the  carriage  or  transmission  of  prospectuses  relating 
to  securities  registered  under  the  subchapter. 

Section  77v  confers  jurisdiction  upon  the  "  United  States  courts  of  any 
Territory "  of  olfenses  and  violations  under  the  subchapter  and  under  the 
rules  and  regulations  of  the  Federal  Trade  Commission,  and  of  suits  in 
equity  and  actions  at  law  brought  to  enforce  any  liability  under  the  sub- 
chapter. 

CHAPTER   3.— TRADE   MAUKS 

Sections  81  to  134.  Trade  Marks.— 

Note. — See  Canal  Zone  Code,  title  3,  section  391,  rendering  the  trade-mark 
laws  of  the  United  States  of  the  same  force  and  effect  in  the  Canal  Zone  as 
in  the  United  States,  and  conferring  jurisdiction  in  actions  arising  under 
such  laws  upon  the  district  court. 

CHAPTER  11.— FEDERAL  CAUSTIC  POISON  ACT 

Section  401.  Citation. — This  chapter  may  be  cited  as  the  Federal 

Caustic  Poison  Act.     (Mar.  4,  1927,  ch.  489,  sec.  1,  44  Stat.  1406.) 

Note. — The  Act  cited  to  the  text  was  entitled  "An  Act  to  safeguard  the  dis- 
tribution and  sale  of  certain  dangerous  caustic  or  corrosive  acids,  alkalies,  and 
other  substances  in  interstate  and  foreign  commerce." 

893 


T.  15,  §  402]  GENERAL  LAWS 

402.  Definitions. — As  used  in  this  chapter,  unless  the  context  other- 
wise requires — 

(a)  The  term  "dangerous  caustic  or  corrosive  substance"  means: 

(1)  Hydrochloric  acid  and  any  preparation  containing  free  or 
chemically  unneutralized  hj^drochloric  acid  (HCl)  in  a  concentration 
of  10  per  centum  or  more ; 

(2)  Sulphuric  acid  and  any  preparation  containing  free  or  chemi- 
cally unneutralized  sulphuric  acid  (H2SO4)  in  a  concentration  of  10 
per  centum  or  more ; 

(3)  Nitric  acid  or  any  preparation  containing  free  or  chemically 
unneutralized  nitric  acid  (HNO3)  in  a  concentration  of  5  per  centum 
or  more ; 

(4)  Carbolic  acid  (CsHsOH),  otherwise  known  as  phenol,  and 
any  preparation  containing  carbolic  acid  in  a  concentration  of  5  per 
centum  or  more ; 

(5)  Oxalic  acid  and  any  preparation  containing  free  or  chemically 
unneutralized  oxalic  acid  (H2C2O4)  in  a  concentration  of  10  per 
centum  or  more; 

(6)  Any  salt  of  oxalic  acid  and  any  preparation  containing  any 
such  salt  in  a  concentration  of  10  per  centum  or  more ; 

(7)  Acetic  acid  or  any  preparation  containing  free  or  chemically 
unneutralized  acetic  acid  (HC2H3O2)  in  a  concentration  of  20  per 
centum  or  more ; 

(8)  Hypochlorous  acid,  either  free  or  combined,  and  any  prepara- 
tion containing  the  same  in  a  concentration  so  as  to  yield  10  per 
centum  or  more  by  weight  of  available  chlorine,  excluding  calx 
chlorinata,  bleaching  powder,  and  chloride  of  lime; 

(9)  Potassium  hydroxide  and  any  prepai-ation  containing  free  or 
chemically  unneutralized  potassium  hydroxide  (KOH),  including 
caustic  potash  and  Vienna  paste,  in  a  concentration  of  10  per  centum 
or  more ; 

(10)  Sodium  hydroxide  and  any  preparation  containing  free  or 
chemically  unneutralized  sodium  hydroxide  (NaOH),  including  caus- 
tic soda  and  lye,  in  a  concentration  of  10  per  centum  or  more; 

(11)  Silver  nitrate,  sometimes  known  as  lunar  caustic,  and  any 
preparation  containing  silver  nitrate  (AgNOs)  in  a  concentration  of 
5  per  centum  or  more ;  and 

(12)  Ammonia  water  and  any  preparation  containing  free  or 
chemically  uncombined  ammonia  (NH3),  including  ammonium 
hydroxide  and  "  hartshorn  ",  in  a  concentration  of  5  per  centum  or 
more. 

(b)  The  term  "  misbranded  parcel,  package,  or  container  "  means 
a  retail  parcel,  package,  or  container  of  any  dangerous  caustic  or 
corrosive  substance  not  bearing  a  conspicuous,  easily  legible  label 
or  sticker,  containing — 

(1)  The  common  name  of  the  substance; 

(2)  The  name  and  place  of  business  of  the  manufacturer,  packer, 
seller,  or  distributor ; 

(3)  The  word  "  poison,"  running"  parallel  with  the  main  body 
of  reading  matter  on  the  label  or  sticker,  on  a  clear,  plain  back- 
ground of  a  distinctly  contrasting  color,  in  uncondensed  gothic 
capital  letters,  the  letters  to  be  not  less  than  twenty-four  point  size 

894 


GENERAL  LAWS  [T.  15,  §  404 

unle?s  there  is  on  the  label  or  sticker  no  other  type  so  lar<^e,  in  which 
event  the  type  shall  be  not  smaller  than  the  largest  type  on  the  label 
or  sticker;  and 

(4)  Directions  for  treatment  in  case  of  accidental  personal  injury 
by  any  dangerous  caustic  or  corrosive  substance,  except  that  such 
directions  need  not  appear  on  labels  or  stickers,  on  parcels,  packages 
or  containers  at  the  t  me  of  shipment  or  of  delivery  for  shipment  by 
manufacturers  and  wholesalers  for  other  than  household  use. 

(c)  The  term  "  interstate  or  foreign  commerce  "  means  commerce 
between  any  State,  Territory,  or  possession,  or  the  District  of 
Columbia,  and  any  place  outside  thereof;  or  between  points  within 
the  same  State,  Territory,  or  possession,  or  the  Distric  t  of  Columbia, 
but  through  any  place  outside  thereof,  or  within  any  Territory  or 
possession,  or  the  District  of  Columbia. 

(d)  This  chapter  is  not  to  be  construed  as  modifying  or  limiting 
in  any  way  the  right  of  any  person  to  manufacture,  pack,  ship,  sell, 
barter,  and  distribute  dangerous  caustic  or  corros  ve  substances  in 
parcels,  packages,  or  containers,  labeled  as  required  by  this  chapter. 
(Mar.  4,  1<)27,  ch.  489,  sec.  2,  44  Stat.  1406.) 

403.  Prohibition  against  misbranded  shipments. — No  person  shall 

ship  or  deliver  for  shipment  in  interstate  or  foreign  ( onnnerce  or 
receive  from  shipment  in  such  commerce  any  dangerous  caustic  or 
corrosive  substance  for  sale  or  exchange,  or  sell  or  offer  for  sale 
any  such  substance  in  any  Territory  or  possession  or  in  the  District  of 
Columbia,  in  a  misbranded  parcel,  package,  or  container  suitable  for 
household  use;  except  that  the  preceding  provisions  of  this  section 
shall  not  apply — 

(a)  To  any  regularly  established  common  carrier  shipping  or 
delivering  for  shipment,  or  receiving  from  shipment,  any  such 
substance  in  the  ordinary  course  of  its  business  as  a  common  carrier ; 
nor 

(b)  To  any  person  in  respect  of  any  such  substance  shipped  or 
delivered  for  shipment,  or  received  from  shipment,  for  export  to 
any  foreign  country,  in  a  parcel,  package,  or  container  branded  in 
accordance  with  the  specifications  of  a  foreign  purchaser  and  in 
accordance  with  the  laws  of  the  foreign  country. 

(c)  To  any  dealer  when  he  can  establish  a  guaranty  signed  by 
the  v/holesaler,  jobber,  manufacturer,  or  other  party  residing  in 
the  United  States,  from  whom  he  purchases  such  articles,  to  the 
effect  that  the  article  is  not  misbranded  within  the  meaning  of  this 
chapter.  This  guaranty,  to  afford  protection,  shall  contain  the  name 
and  address  of  the  party  or  parties  making  the  sale  of  such  article  to 
such  dealer,  and  in  such  case  said  party  or  parties  shall  be  amenable 
to  the  prosecutions,  fines,  and  other  penalties  which  would  attach, 
in  due  course,  to  the  dealer  under  the  provisions  of  this  chapter. 
(Mar.  4,  1927,  ch.  489,  sec.  3,  44  Stat.  1407.) 

404.  Libel  for  condemnation  proceedings. —  (a)  Any  dangerous 
caustic  or  corrosive  substance  in  a  misbranded  parcel,  package,  or 
container  suitable  for  household  use  shall  be  liable  to  be  proceeded 
against  in  the  district  court  of  the  United  States  for  any  judicial 
district  in  which  the  substance  is  found  and  to  be  seized  for  con- 

895 


T.  15,  §  405]  GENERAL  LAWS 

fiscation  by  a  process  of  libel  for  condemnation,  if  such  substance  is 
being — 

(1)  Shipped  in  interstate  or  foreign  commerce,  or 

(2)  Held  for  sale  or  exchange  after  having  been  so  shipped,  or 

(3)  Held  for  sale  or  exchange  in  any  Territory  or  possession  or 
in  the  District  of  Columbia. 

(b)  If  such  substance  is  condemned  as  misbranded  by  the  court 
it  shall  be  disposed  of  in  the  discretion  of  the  court^ — 

(1)  By  destruction. 

(2)  By  sale.  The  proceeds  of  the  sale,  less  legal  costs  and  charges, 
shall  be  paid  into  the  Treasury  as  miscellaneous  receipts.  Such 
substance  shall  not  be  sold  in  any  jurisdiction  contrary  to  the  pro- 
visions of  this  chapter  or  the  laws  of  such  jurisdiction,  and  the 
court  may  require  the  purchaser  at  any  such  sale  to  label  such  sub- 
stance in  compliance  with  law  before  the  delivery  thereof. 

(3)  By  delivery  to  the  owner  thereof  upon  the  payment  of  legal 
costs  and  charges  and  execution  and  delivery  of  a  good  and  suffi- 
cient bond  to  the  effect  that  such  substance  will  not  be  sold  or  other- 
wise disposed  of  in  any  jurisdiction  contrary  to  the  provisions  of 
this  chapter  or  the  laws  of  such  jurisdiction. 

(c)  Proceedings  in  such  libel  cases  shall  conform,  as  nearly  as 
may  be,  to  suits  in  rem  in  admiralty,  except  that  either  party  may 
demand  trial  by  jury  on  any  issue  of  fact  if  the  value  in  controversy 
exceeds  $20.  In  case  of  a  jury  trial  the  verdict  of  the  jury  shall  have 
the  same  effect  as  a  finding  of  the  court  upon  the  facts.  All  such 
proceedings  shall  be  at  the  suit  and  in  the  name  of  the  United 
States.    (Mar.  4,  1927,  ch.  489,  sec.  4,  44  Stat.  1408.) 

405.  Exclusion  of  misbranded  imports. —  (a)   Whenever  in  the 

case  of  any  dangerous  caustic  or  corrosive  substance  being  offered 
for  importation  the  Secretary  of  Agriculture  has  reason  to  believe 
that  such  substance  is  being  shipped  in  interstate  or  foreign  com- 
merce in  violation  of  section  403  of  this  title,  he  shall  give  due  notice 
and  opportunity  for  hearing  thereon  to  the  owner  or  consignee  and 
certify  such  fact  to  the  Secretary  of  the  Treasury,  who  shall  there- 
upon (1)  refuse  admission  and  delivery  to  the  consignee  of  such  sub- 
stance, or  (2)  deliver  such  substance  to  the  consignee  pending  ex- 
amination, hearing,  and  decision  in  the  matter,  on  the  execution  of 
a  penal  bond  to  the  amount  of  the  full  invoice  value  of  such  sub- 
stance, together  with  the  duty  thereon,  if  any,  and  to  the  effect  that 
on  refusal  to  return  such  substance  for  any  cause  to  the  Secretary 
of  the  Treasury  when  demanded,  for  the  purpose  of  excluding  it 
from  the  country  or  for  any  other  purpose,  the  consignee  shall  for- 
feit the  full  amount  of  the  bond. 

(b)  If,  after  proceeding  in  accordance  with  subdivision  (a),  the 
Secretary  of  Agriculture  is  satisfied  tliat  such  substance  being 
offered  for  importation  was  shipped  in  interstate  or  foreign  com- 
merce in  violation  of  any  provision  of  this  chapter,  he  shall  certify 
the  fact  to  the  Secretary  of  the  Treasury,  who  shall  thereupon 
notify  the  owner  or  consignee  and  cause  the  sale  or  other  disposi- 
tion of  such  substance  refused  admission  and  delivery  or  entered 
under  bond,  unless  it  is  exported  by  the  owner  or  consignee  or 
labeled  by  him  so  as  to  conform  to  the  law  within  three  months  from 


GENERAL  LAWS  [T.  15,  §  409 

the  date  of  such  notice,  under  such  regulations  as  the  Secretary 
of  the  Treasury  mscy  prescribe.  All  charges  for  storage,  cartage, 
or  labor  on  any  such  substance  refused  admission  or  delivery  or 
entered  upon  bond  shall  be  paid  by  the  owner  or  consignee.  In 
default  of  such  pa3anent  such  charges  shall  constitute  a  lien  against 
any  future  importations  made  by  such  owner  or  consignee.  (Mar. 
4,  1927,  ch.  489,  sec.  5,  44  Stat.  1408.) 

406.  Removal  of  labels. — No  person  shall  alter,  mutilate,  destroy, 
obliterate,  or  remove  any  label  or  sticker  required  by  this  chapter 
to  be  placed  on  any  dangerous  caustic  or  corrosive  .substance,  if  such 
substance  is  being — 

(a)  Shipped  in  interstate  or  foreign  commerce;  or 

(b)  Held  for  sale  or  exchange  after  having  been  so  shipped;  or 

(c)  Held  for  sale  or  exchange  in  any  Territory  or  possession  or 
by  the  District  of  Columbia.  (Mar.  4,  1927,  ch.  489,  sec.  6,  44  Stat. 
1409.) 

407.  Penalties. — Any  person  violating  any  provision  of  section 
403  or  406  of  this  title  shall  upon  conviction  thereof  be  punished  by 
a  fine  of  not  more  than  $200  or  imprisonment  for  not  more  than 
ninety  days,  or  by  both.    (Mar.  4, 1927,  ch.  489,  sec.  7,  44  Stat.  1409.) 

408.  Institution  of  libel  for  condemnation  and  criminal  proceed- 
ings.— It  shall  be  the  duty  of  each  United  States  district  attorney 
to  whom  the  Secretary  of  Agriculture  shall  report  any  violation  of 
section  403  or  406  of  this  title  or  to  whom  any  health,  medical,  or 
drug  officer  or  agent  of  any  State,  Territory,  or  possession,  or  of  the 
District  of  Columbia  presents  satisfactory  evidence  of  any  such  vio- 
lation, to  cause  libel  for  condemnation  and  criminal  proceedings 
under  sections  404  and  407  of  this  title  to  be  commenced  and  prose- 
cuted in  the  proper  courts  of  the  United  States,  without  delay,  for 
the  enforcement  of  the  condemnation  and  penalties  provided  in  such 
sections.     (Mar.  4,  1927,  ch.  489,  sec.  8,  44  Stat.  1409.) 

409.  Enforcement  of  chapter. —  (a)  Except  as  otherwise  specifi- 
cally provided  in  this  chapter,  the  Secretary  of  Agriculture  shall 
enforce  its  provisions. 

(b)  For  enforcing  the  provisions  of  sections  404,  405,  and  407  of 
this  title,  the  Secretary  of  Agriculture  may  cause  investigations, 
inspections,  analyses,  and  tests  to  be  made  and  samples  to  be  col- 
lected, of  any  dangerous  caustic  or  corrosive  substance.  The  Depart- 
ment of  Agriculture  shall  pay  to  the  person  entitled,  upon  his  re- 
quest, the  reasonable  market  value  of  any  such  sample  taken.  If  it 
appears  from  the  inspection,  analysis,  or  test  of  any  dangerous  caus- 
tic or  corrosive  substance  that  such  substance  is  in  a  misbranded 
package,  parcel,  or  container  suitable  for  household  use,  the  Secre- 
tary of  Agriculture  shall  cause  notice  thereof  to  be  given  to  any 
person  who  may  be  liable  for  any  violation  of  section  403  or  406  of 
this  title  in.  respect  of  such  substance.  Any  person  so  notified  shall 
be  given  an  opportunity  to  be  heard  under  regalations  prescribed  by 
the  Secretary  of  Agriculture.  If  it  appears  that  such  person  has 
violated  the  provisions  of  section  403  or  406  of  this  title  the  Secretary 
of  Agriculture  shall  at  once  certify  the  facts  to  the  proper  United 

897 


T.  15,  §  410]  GENERAL  LAWS 

States  district  attorney,  with  a  copy  of  the  results  of  the  inspection, 
analysis,  or  test  duly  authenticated  under  oath  by  the  person  mak- 
ing such  inspection,  analysis,  or  test. 

(c)  For  the  enforcement  of  his  functions  under  this  chapter  the 
Secretary  of  Agriculture  is  authorized — 

(1)  To  prescribe  and  promulgate  such  regulations  as  may  be 
necessary. 

(2)  To  cooperate  with  any  department  or  agency  of  the  Govern- 
ment, with  any  State,  Territory,  or  possession,  or  with  the  District  of 
Columbia,  or  with  any  department,  agency,  or  political  subdivision 
thereof,  or  with  any  person. 

(3)  Subject  to  the  civil  service  laws  to  appoint  and,  in  accordance 
with  chapter  13  of  Title  5,  to  fix  the  salaries  of  such  officers  and  em- 
ployees as  may  be  required  for  the  execution  of  the  functions  of  the 
Secretary  of  Agriculture  under  this  chapter  and  as  may  be  pro- 
vided for  by  the  Congress  from  time  to  time. 

(4)  To  make  such  expenditures  (including  expenditures  for  per- 
sonal services  and  rent  at  the  seat  of  government  and  elsewhere,  and 
for  law  books,  books  of  reference,  and  periodicals)  as  may  be  required 
for  the  execution  of  the  functions  vested  in  the  Secretary  of  Agricul- 
ture by  this  chapter  and  as  may  be  provided  for  by  the  Congress 
from  time  to  time. 

(5)  To  give  notice,  by  publication  in  such  manner  as  the  Secre- 
tary of  Agriculture  may  by  regulation  prescribe,  of  the  judgment  of 
the  court  in  any  case  under  the  provisions  of  this  chapter.  (Mar.  4, 
1927,  ch.  489,  sec.  9,  44  Stat.  1409.) 

410.  Separability  clause. — If  any  provision  of  this  chapter  is  de- 
clared unconstitutional,  or  the  applicability  thereof  to  any  person 
or  circumstance  is  held  invalid,  the  constitutionality  of  the  remain- 
der of  the  chapter  and  the  applicability  thereof  to  other  persons 
and  circumstances  shall  not  be  affected  thereby.  (Mar.  4,  1927,  ch. 
489,  sec.  10,  44  Stat.  1410.) 

411.  Application  to  existing  law^. — The  provisions  of  this  chapter 
shall  be  held  to  be  in  addition  to  and  not  in  substitution  for  the 
provisions  of  the  following  acts: 

(a)  The  Food  and  Drugs  Act,  approved  June  30, 1906,  as  amended 
[sections  1  to  15  of  title  21]. 

(b)  The  Insecticide  Act  of  1910,  as  amended  [chapter  6  of  title  7]. 

(c)  The  Act  entitled  "An  Act  to  regulate  the  practice  of  phar- 
macy and  the  sale  of  poisons  in  the  District  of  Columbia,  and  for 
other  purposes,"  approved  May  7,  1906,  as  amended.  (Mar.  4,  1927, 
ch.  489,  sec.  12,  44  Stat.  1410.)*^ 

UNITED  STATES  CODE,  TITLE  17 

COPYRIGHTS 

Sections  1  to  63.  Copyrights. — 

Note. — See  Canal  Zone  Code,  title  3,  section  301,  rendering  the  copyright 
laws  of  the  United  States  of  the  sami^  force  and  effect  in  the  Canal  Zone  as 
in  the  United  States,  and  conferring  jurisdiction  in  actions  arising  under  such 
laws  upon  the  district  court. 

898 


GENERAL  LAWS 
UNITED  STATES  CODE,  TITLE  18 

CRIMINAL  CODE   AND   CRIMINAL   PROCEDURE 


[T.  18,  §  7 


Oh.  Sec. 

1.  Offenses    Against     Existence    of 

(;ov(Mnmi>nt 5 

2.  Offenses  Against  Neutrality 21 

4.  Offenses    Against    Opoiatibns    of 

Government 71 

7.  Offenses  Against  Cm-rency,  Coin- 

ape.   Ktc 261 

8.  Offenses  Against  Postal  Service-  301 

9.  Offi  nses    Agiinst     I'oreign    And 

Interstate    Commerce 381 

10.   Slave   Trade   And   Peonage 446 


Ch.  Sec. 

11.  Offenses  Witliln  Admiralty,  Mari- 

time. And  Territoiial  Jurisdic- 
tion Of  United  States 451 

12.  Piracy  and  Other  Offenses  Upun 

Seas 481 

14.  Saving   Provisions 535 

15.  General      Provisions      (Criminal 

Procedure) 574 

IS.   Search  Warrant Gil 

20.  Extradition 051 


CHAPTER  1.— OFFENSES  AGAINST  EXISTENCE  OF  GOVERNMENT 

Note. — Sections  5  to  8  of  this  title  are  shown  by  reason  of  their  express 
application  to  places  "  subject  to  the  juristliction  "  of  the  United  States. 

Section  5.  Criminal  correspondence  with  foreign  governments; 
redress  of  private  injuries  excepted. — Every  citizen  of  the  United 

States,  whether  actiiall}'^  resident  or  abiding  within  the  same,  or  in 
any  place  subject  to  the  jurisdiction  thereof,  or  in  any  foreign  coun- 
try, who,  without  the  permission  or  authority  of  tlie  Government, 
directly  or  indirectly,  commences  or  carries  on  any  verbal  or  written 
correspondence  or  intercour.se  with  any  foreign  government  or  any 
officer  or  agent  thereof,  with  an  intent  to  influence  the  measures  or 
conduct  of  any  foreign  government  or  of  any  officer  or  agent  thereof, 
in  relation  to  any  disputes  or  controversies  with  the  United  States, 
or  to  defeat  the  measures  of  the  Government  of  the  United  States ; 
and  every  person,  being  a  citizen  of  or  resident  within  the  United 
States  or  in  any  place  subject  to  the  jurisdiction  thereof,  and  not 
duly  authorized,  who  counsels,  advises,  or  assists  in  any  such  corre- 
spondence with  such  intent,  shall  be  fined  not  more  than  $5,000  and 
imprisoned  not  more  than  three  years;  but  nothing  in  this  section 
shall  be  construed  to  abridge  the  right  of  a  citizen  to  apply,  himself 
or  his  agent,  to  any  foreign  government  or  the  agents  thereof  for 
redress  of  any  injury  which  he  may  have  sustained  from  such  govern- 
ment or  any  of  its  agents  or  subjects.  (R.  S.  sec.  5335;  Mar.  4,  1909, 
ch.  321,  sec.  5,  35  Stat.  1088;  Apr.  22, 1932,  ch.  126,  47  Stat.  132.) 

6.  Seditious  conspiracy. — If  two  or  more  persons  in  any  State  or 
Territory,  or  in  any  place  subject  to  the  jurisdiction  of  the  United 
States,  conspire  to  overthrow,  put  down,  or  to  destroy  by  force  the 
Government  of  the  United  States,  or  to  levy  war  against  them,  or  to 
oppose  by  force  the  authority  thereof,  or  by  force  to  prevent,  hinder, 
or  delay  the  execution  of  any  law  of  the  United  States,  or  by  force  to 
seize,  take,  or  possess  any  property  of  the  United  States  contrary  to 
the  authority  thereof,  they  shall  each  be  fined  not  more  than  $5,000, 
or  imprisoned  not  more  than  six  years,  or  both.  (R.S.  sec.  5336; 
Mar.  4,  1909,  ch.  321,  sec.  6,  35  Stat.  1089.) 

7.  Recruiting  for  service  against  United  States. — Whoever  re- 
cruits soldiers  or  sailors  within  the  United  States,  or  in  any  place 
subject  to  the  jurisdiction  thereof,  to  engage  in  armed  hostility 
against  the  same,  or  opens  within  the  United  States,  or  in  any  place 


T.  18,  §  8]  GENERAL  LAW  IS 

subject  to  the  jurisdiction  thereof,  a  recruiting  station  for  the  enlist- 
ment of  such  soldiers  or  sailors  to  serve  in  any  manner  in  armed 
hostility  against  the  United  States,  shall  be  fined  not  more  than 
$1,000  and  imprisoned  not  more  than  five  years.  (E,.S.  sec.  5337; 
Mar.  4,  1909,  ch.  321,  sec.  7,  35  Stat.  1089.) 

8.  Enlisting  to  serve  against  United  States. — Everj^  person  en- 
listed or  engaged  within  the  United  States  or  in  any  place  subject  to 
the  jurisdiction  thereof,  with  intent  to  serve  in  armed  hostility 
against  the  United  States,  shall  be  fined  $100  and  imprisoned  not 
more  than  three  years.  (R.S.  sec.  5338;  Mar.  4,  1909,  ch.  321,  sec.  8, 
35  Stat.  1089.) 

CHAPTER  2.— OFFENSES  AGAINST  NEUTRALITY 

Section  21,  Accepting  commission  to  serve  against  friendly 
power. — Every  citizen  of  the  United  States  who,  within  the  territory 
or  jurisdiction  thereof,  accepts  and  exercises  a  commission  to  serve  a 
foreign  prince,  state,  colony,  district,  or  people,  in  war,  by  land  or  by 
sea,  against  any  prince,  state,  colony,  district,  or  people,  with  whom 
the  United  States  are  at  peace,  shall  be  fined  not  more  than  $2,000 
and  imprisoned  not  more  than  three  vears.  (R.S.  sec.  5281 ;  Mar.  4, 
1909,  ch.  321,  sec.  9,  35  Stat.  1089.) 

Note. — Sections  21  to  24  of  this  title  nre  shown  by  reason  of  their  express 
application  to  persons  within  the  territory  "  or  jurisdiction "  of  the  United 
States. 

22.  Enlisting  in  foreign  sei-vice;  exceptions. — Whoever,  within 
the  territory  or  jurisdiction  of  the  United  States,  enlists  or  enters 
himself,  or  hires  or  retains  another  person  to  enlist  or  enter  himself, 
or  to  go  beyond  the  limits  or  jurisdiction  of  the  United  States  with 
intent  to  be  enlisted  or  entered  in  the  service  of  any  foreign  prince, 
state,  colony,  district,  or  people  as  a  soldier  or  as  a  marine  or  seaman 
on  board  of  any  vessel  of  war,  letter  of  marque,  or  privateer  shall 
be  fined  not  more  than  $1,000  and  imprisoned  not  more  than  three 
years :  Provided,  That  this  section  shall  not  apply  to  citizens  or  sub- 
jects of  any  country  engaged  in  war  with  a  country  with  which  the 
United  States  is  at  war,  unless  such  citizen  or  subject  of  such  foreign 
country  shall  hire  or  solicit  a  citizen  of  the  United  States  to  enlist 
or  go  beyond  the  jurisdiction  of  the  United  States  with  intent  to 
enlist  or  enter  the  service  of  a  foreign  country.  Enlistments  under 
this  proviso  shall  be  under  regulations  prescribed  by  the  Secretary  of 
War.  (R.  S.  sec.  5282;  Mar.  4,  1909,  c.  321,  sec.  10,  35  Stat.  1089: 
May  7,  1917,  c.  11,  40  Stat.  39.) 

23,  Arming  vessels  against  friendly  powers;  forfeiture  of  ves- 
sel.— Whoever,  within  the  territory  or  jurisdiction  of  the  United 
States,  fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures 
to  be  fitted  out  and  armed,  or  knowingly  is  concerned  in  the  fur- 
nishing, fitting  out,  or  arming  of  any  vessel,  with  intent  that  such 
vessel  shall  be  employed  in  the  service  of  any  foreign  prince,  or  state, 
or  of  any  colony,  district,  or  people,  to  cruise,  or  commit  hostilities 
against  the  subjects,  citizens,  or  property  of  any  foreign  prince  or 
state,  or  of  any  colony,  district,  or  people,  with  whom  the  United 

900 


GENERAL  LAWS  [T.  18,  §  27 

States  are  at  peace,  or  whoever  issues  or  delivers  a  commission  within 
the  territory  or  jurisdiction  of  the  United  States  for  any  vessel,  to 
the  intent  tliat  she  may  be  so  employed,  shall  be  fined  not  more  than 
$10,000  and  imprisoned  not  more  than  three  years.  And  every  such 
vessel,  her  tackle,  apparel,  and  furniture,  together  with  all  materials, 
arms,  ammunition,  and  stores  which  may  have  been  procured  for  the 
building  and  equipment  thereof,  shall  be  forfeited ;  one  half  to  the  use 
of  the  informer  and  the  other  half  to  the  use  of  the  United  States. 
(R.S.  sec.  5283;  Mar.  4,  1909,  ch.  321,  sec.  11,  35  Stat.  1090.) 

24.  Augmenting    force    of    foreign    armed    vessels.— Whoever, 

within  the  territory  or  jurisdiction  of  the  United  States,  increases  or 
augments,  or  procures  to  be  increased  or  augmented,  or  knowingly 
is  concerned  in  increasing  or  augmenting,  the  force  of  any  ship  of 
war,  cruiser,  or  other  armed  vessel  which,  at  the  time  of  her  arrival 
within  the  United  States,  was  a  ship  of  war,  or  cruiser,  or  armed 
vessel,  in  the  service  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  or  belonging  to  the  subjects  or  citizens  of  any 
such  prince  or  state,  colony,  district,  or  people,  the  same  being  at  war 
with  any  foreign  prince  or  state,  or  of  any  colony,  district,  or  people, 
with  whom  the  United  States  are  at  peace,  by  adding  to  the  number 
of  the  guns  of  such  vessel,  or  by  changing  those  on  board  of  her  for 
g-uns  of  a  larger  caliber,  or  by  adding  thereto  any  equipment  solely 
applicable  to  war,  shall  be  fined  not  more  than  $1,000  and  imprisoned 
not  more  than  one  year.  (U.S.  sec.  5285;  Mar.  -l,  1909,  ch.  321,  sec. 
12,  35  Stat.  1090.) 

25.  Organizing  military  expedition  against  friendly  power.— 

Whoever,  within  the  territory  or  jurisdiction  of  the  United  States 
or  of  any  of  its  possessions,"  knowingly  begins  or  sets  on  foot  or 
provides  or  prepares  a  means  for  or  furnishes  the  money  for,  or  who 
takes  part  in,  any  military  or  naval  expedition  or  enterprise  to  be 
carried  on  from  thence  against  the  territory  or  dominion  of  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  people  with 
whom  the  United  States  is  at  peace,  shall  be  fined  not  more  than 
$3,000  or  imprisoned  not  more  than  three  years,  or  both.  (R.S.  sec. 
5286;  Mar.  4, 1909,  ch.  321,  sec.  13,  35  Stat.  1090;  June  15, 1917,  ch.  30, 
title  V,  sec.  8,  40  Stat.  223.) 

Ceoss-Refebences 

"  United  States  "  as  used  in  sections  25,  27,  and  31  to  38  of  this  title,  defined  to 
include  Canal  Zone,  jurisdiction  of  district  court  over  offenses,  see  section  39 
of  this  title,  ^      ^  ^  *• 

Duties  of  district  attorney  of  Canal  Zone  in  respect  to  offenses  under  sections 
25,  27,  and  31  to  38  of  this  title,  see  section  574  of  this  title. 

27.  Compelling  foreign  vessels  to  depart.— It  shall  be  lawful  for 

the  President  to  employ  such  part  of  the  land  or  naval  forces  of  the 
United  States,  or  of  the  militia  thereof,  as  he  may  deem  necessary  to 
compel  any  foreign  vessel  to  depart  from  the  United  States  or  any 
of  its  possessions  in  all  cases  in  which,  by  the  law  of  nations  or  the 
treaties  of  the  United  States,  it  ought  not  to  remain,  and  to  detain 
or  prevent  any  foreign  vessel  from  so  departing  in  all  cases  m  which, 
by  the  law  of  nations  or  the  treaties  of  the  United  States,  it  is  not 

901 


T.  IS,  §  31]  GENERAL  LAWS 

^ititled  to  depart.     (U.S.  sec.  5288;  Mar.  4,  1909,  ch.  321,  sec.  15,  35 
Stat.  1091;  June  15,  1917,  ch.  30,  title  V,  sec.  10,  40  Stat.  223.) 

31.  Enforcement  of  neutrality;  withholding  clearance  papers 
from  vessels. — During  a  war  in  Avhich  the  United  States  is  a  neutral 
nation,  the  President,  or  any  person  tlieieunto  authorizL'd  b_v  liini. 
may  withliold  clearance  from  or  to  any  vessel,  domestic  or  foreign, 
which  is  required  by  law  to  secure  clearance  before  departing  from 
port  or  from  the  jurisdiction  of  the  United  States,  or.  by  service  of 
formal  notice  upon  the  owner,  master,  or  person  in  command  or  hav- 
ing charge  of  any  domestic  vessel  not  required  by  law  to  secure  clear- 
ances before  so  departing,  to  forbid  its  departure  from  port  or  from 
the  jurisdiction  of  the  United  States,  whenever  there  is  reasonable 
cause  to  believe  that  any  such  vessel,  domestic  or  foreign,  whether 
requiring  clearance  or  not,  is  about  to  carry  fuel,  arms,  ammunition, 
men,  suppbes,  dispatches,  or  information  to  any  warship,  tender,  or 
supply  shi])  of  a  foi'sign  belligerent  nation  in  violation  of  the  laws, 
treaties,  or  obligations  of  the  United  States  under  the  law  of  nations; 
and  it  shall  thereupon  be  unlawful  for  such  vessel  to  depart.  (June 
15.  1917,  ch.  30,  title  V.  sec.  1,  40  Stat.  221.) 

32.  Same;  detention  of  armed  vessels. — During  a  war  in  which 
the  United  States  is  a  neutral  nation,  the  President,  or  any  person 
thereunto  authorized  by  him,  may  detain  any  armed  vessel  owned 
wholly  or  in  part  by  American  citizens,  or  any  vessel,  domestic  or 
foreign  (other  than  one  which  has  entered  the  ports  of  the  United 
States  as  a  public  vessel),  which  is  manifestly  built  for  warlike  pur- 
poses or  has  been  converted  or  adapted  from  a  private  vessel  to  one 
suitable  for  warlike  use.  until  the  owner  or  master,  or  person  having 
charge  of  such  vessel,  shall  furnish  proof  satisfactory  to  the  Presi- 
dent, or  to  the  person  duly  authorized  by  him,  that  the  vessel  will  not 
be  employed  by  the  said  owners,  or  master,  or  person  having  charge 
thereof,  to  cruise  against  or  commit  or  attempt  to  commit  hostilities 
upon  the  subjects,  citizens,  or  property  of  any  foreign  prince  or  state, 
or  of  any  colony,  district  or  people  with  which  the  United  States  is 
at  peace,  and  that  the  said  vessel  will  not  be  sold  or  delivered  to  any 
belligerent  nation,  or  to  an  agent,  officer,  or  citizen  of  such  nation,  by 
them  or  any  of  them,  within  the  jurisdiction  of  the  United  States,  or, 
having  left  that  jurisdiction,  upon  the  high  seas.  (June  15.  1917, 
ch.  30,  title  V,  sec.  2,  40  Stat.  221.) 

33.  Same;  sending  out  armed  vessels  with  intent  to  deliver  to 
belligerent  nation. — During  a  Avar  in  which  the  United  States  is  a 
neutral  nation,  it  shall  be  unlaAvful  to  send  out  of  the  jurisdiction  of 
the  United  States  any  vessel  built,  armed,  or  equipped  as  a  vessel  of 
war,  or  converted  from  a  private  vessel  into  a  vessel  of  war,  with  any 
intent  or  under  any  agreement  or  contract,  written  or  oral,  that  such 
vessel  shall  be  delivered  to  a  belligerent  nation,  or  to  an  agent,  officer, 
or  citizen  of  such  nation,  or  with  reasonable  cause  to  believe  that  the 
said  vessel  shall  or  will  be  employed  in  the  service  of  any  such  bellig- 
erent nation  after  its  departure  from  tlie  jurisdiction  of  the  United 
States.     (June  15,  1917,  ch.  30,  title  V.  sec.  3.  40  Stat.  222.) 

34.  Same;  statement  from  master  that  cargo  will  not  be  de- 
livered to  other  vessels. — During  a  war  in  which  the  United  States 

902 


GENERAL  LAWS  [T.  18,  §  37 

is  a  neutral  nation,  in  addition  to  the  facts  required  by  sections  91, 
92,  and  94  of  Title  4G  to  be  set  out  in  the  masters'  and  shippers'  mani- 
fests before  clearance  will  be  issued  to  vessels  bound  to  foreign  ports, 
each  of  which  sections  is  hereby  declared  to  be  and  is  continued  in 
full  force  and  elfect,  every  master  or  person  having  charge  or  com- 
mand of  any  vessel,  domestic  or  foreign,  whether  requiring  clearance 
or  not,  before  departure  of  such  vessel  from  port  shall  deliver  to  the 
collector  of  customs  for  the  district  wherein  such  vessel  is  then  located 
a  statement  duly  verified  by  oath,  that  the  cargo  or  any  part  of  the 
cargo  is  or  is  not  to  be  dehvered  to  other  vessels  in  port  or  to  be 
transshipped  on  the  high  seas  and,  if  it  is  to  be  so  delivered  or 
transshipped,  stating  the  kind  and  quantities  and  the  value  of  the 
total  quaiititv  of  each  kind  of  article  so  to  be  delivered  or  trans- 
shipped, and^the  name  of  the  person,  corporation,  vessel,  or  govern- 
ment, to  whom  the  delivery  or  transshipment  is  to  be  made;  and 
the  owners,  shippers,  or  consignors  of  the  cargo  of  such  vessel  shall 
in  the  same  manner  and  under  the  same  conditions  deliver  to  the 
collector  like  statements  under  oath  as  to  the  cargo  or  the  parts 
thereof  laden  or  shipped  by  them,  respectively.  (June  15,  1917,  eh. 
30,  title  V,  sec.  4,  40  Stat.  222.) 

35.  Same ;  forbidding  departure  of  vessels.— Whenever  it  appears 
that  the  vessel  is  not  entitled  to  clearance  or  whenever  there  is 
reasonable  cause  to  believe  that  the  additional  statements  under  oath 
required  in  section  34  of  this  title  are  false,  the  collector  of  customs 
for  the  district  in  which  the  vessel  is  located  may,  subject  to  review 
by  the  Secretary  of  Commerce,  refuse  clearance  to  any  vessel,  do- 
mestic or  foreign,  and  by  formal  notice  served  upon  the  owners, 
master,  or  person  or  persons  in  command  or  charge  of  any  domestic 
vessel  for  which  clearance  is  not  required  by  law,  forbid  the  de- 
parture of  the  vessel  from  the  port  or  from  the  jurisdiction  of  the 
United  States;  and  it  shall  thereupon  be  unlawful  for  the  vessel  to 
depart.     (June  15,  1917,  ch.  30,  title  V,  sec.  5,  40  btat.  222.) 

36.  Same;  unlawful  taking  of  vessel  out  of  port.— Whoever,  in 
violation  of  any  of  the  provisions  of  sections  25,  27,  and  31  to  38  of 
this  title,  shall  take,  or  attempt  or  conspire  to  take,  or  authorize  the 
taking  of  any  such  vessel,  out  of  port  or  from  the  jurisdiction  of  the 
United  States,  shall  be  fined  not  more  than  $10,000  or  imprisoned  not 
more  than  five  years,  or  both ;  and,  in  addition,  such  vessel,  her  tackle, 
spparel,  furniture,  equipment,  and  her  cargo  shall  be  forfeited  to  the 
United  States.     (June  15,  1917,  ch.  30,  title  V,  sec.  6,  40  Stat.  222.) 

37.  Same;  internment  of  persons  belonging  to  armed  land  or 
naval  forces  of  belligerent  nation;  arrest;  punishment  for  aiding 
escape.— Whoever,  being  a  person  belonging  to  the  armed  land  or 
naval  forces  of  a  belligerent  nation  or  belligerent  faction  of  any 
nation  and  being  interned  in  the  United  States,  in  accordance  with 
the  law  of  nations,  shall  leave  or  attempt  to  leave  said  jurisdiction, 
or  shall  leave  or  attempt  to  leave  the  limits  of  internment  in  which 
freedom  of  movement  has  been  allowed,  without  permission  from 
the  proper  official  of  the  United  States  in  charge,  or  shall  willfully 
overstay  a  leave  of  absence  granted  by  such  official,  shall  be  subject 
to  arrest  by  any  marshal  or  deputy  marshal  of  the  United  States,  or 

903 


T.  18,  §  38]  GENERAL  LAWS 

by  the  military  or  naval  authorities  thereof,  and  shall  be  returned 
to  the  place  of  internment  and  there  confined  and  safely  kept  for 
such  period  of  time  as  the  official  of  the  United  States  in  charge  shall 
direct;  and  whoever,  within  the  jurisdiction  of  the  United  States 
and  subject  thereto,  shall  aid  or  entice  any  interned  person  to  escape 
or  attempt  to  escape  from  the  jurisdiction  of  the  United  States,  or 
from  the  limits  of  internment  prescribed,  shall  be  fined  not  more 
than  $1,000  or  imprisoned  not  more  than  one  year,  or  both.  (June 
15, 1917,  ch.  30,  title  V,  sec.  7,  40  Stat.  223.) 

38.  Enforcement  of  sections  25,  27,  and  31  to  37  of  this  title.— 

The  President  may  employ  such  part  of  the  land  or  naval  forces  of 
the  United  States  as  he  may  deem  necessary  to  carry  out  the  purposes 
of  sections  25,  27,  and  31  to  37  of  this  title.  (June  15,  1917,  ch.  30, 
title  V,  sec.  9,  40  Stat.  223.) 

39.  Same;  United  States  defined;  jurisdiction  of  offenses;  prior 
offenses ;    partial   invalidity   of   provisions. — The   term   "  United 

States  ",  as  used  in  sections  25,  27,  and  31  to  38  of  this  title,  includes 
the  Canal  Zone,  and  all  territory  and  waters,  continental  or  insular, 
subject  to  the  jurisdiction  of  the  United  States.  The  several  courts 
of  first  instance  in  the  Philippine  Islands  and  the  district  court  of 
the  Canal  Zone  shall  have  jurisdiction  of  offenses  under  said  sections 
25,  27,  and  31  to  38  committed  within  their  respective  districts,  and 
concurrent  jurisdiction  with  the  district  courts  of  the  United  States 
of  offenses  thereunder  committed  upon  the  high  seas,  and  of  con- 
spiracies to  commit  guch  offenses,  as  defined  by  section  88  of  this 
title,  and  the  provisions  of  said  section  88,  for  the  purposes  of  sec- 
tions 25,  27,  and  31  to  38  of  this  title,  are  extended  to  the  Philippine 
Islands,  and  to  the  Canal  Zone.  Offenses  committed  and  penalties, 
forfeitures,  or  liabilities  incurred  prior  to  the  taking  effect  hereof 
under  any  law  embraced  in  or  changed,  modified,  or  repealed  by  sec- 
tions 25,  27,  and  31  to  38  may  be  prosecuted  and  punished,  and  suits 
and  proceedings  for  causes  arising  or  acts  done  or  committed  prior 
to  the  taking  effect  hereof  may  be  commenced  and  prosecuted,  in  the 
same  manner  and  with  the  same  effect  as  if  said  sections  25,  27,  and 
31  to  38  had  not  been  passed.  If  any  clause,  sentence,  paragraph,  or 
part  of  sections  25,  27,  and  31  to  38  shall  for  any  reason  be  adjudged 
by  any  court  of  competent  jurisdiction  to  be  invalid,  such  judgment 
shall  not  affect,  impair,  or  invalidate  the  remainder  thereof  but  shall 
be  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directl}^  involved  in  the  controversy  in  which  such  judgment 
shall  have  been  rendered.  (June  15,  1917,  ch.  30,  title  XIII^  sees. 
1  to  4,  40  Stat.  231.) 

CHAPTER  4.— OFFENSES  AGAINST  OPERATIONS  OF  GOVERNMENT 

Section  71.  Making,  forging,  counterfeiting,  or  altering  letters 
patent. — 

Note. — See  Canal  Zone  Code,  title  3,  section  391,  rendering  the  patent  laws 
of  the  United  States  of  the  same  force  and  effect  in  the  Canal  Zone  as  in  the 
United  States,  and  conferring  jurisdiction  in  actions  arising  under  such  laws 
upon  the  district  court. 


J)()4 


GENERAL  LAW8  [T.  18,  §  08 

88.  Conspiring  to  commit  offense  against  United  States.— If  two 

or  more  persons  conspire  either  to  commit  any  offense  against  the 
United  States,  or  to  defraud  the  United  States  in  any  manner  or 
for  any  purpose,  and  one  or  more  of  such  parties  do  any  act  to 
effect  the  object  of  the  conspiracy,  each  of  the  parties  to  such  con- 
spiracy shall  be  fined  not  more  than  $10,000,  or  imprisoned  not  more 
than  two  years,  or  both.  (U.S.  sec.  5440;  May  IT,  1879,  ch.  8,  21 
Stat.  4;  Mar.  4,  1909,  ch.  321,  sec.  37,  35  Stat.  1096.) 

Note. — This  section  is  extended  to  tlie  Canal  Zone  for  certain  purposes  by 
sections  39  and  574  of  this  title ;  see  also  title  50,  sections  34  and  39. 

96.  Injuries  to  fortifications  or  harbor  defenses;  jurisdiction  of 
offenses  committed  within  Canal  Zone  or  defensive  sea  areas. — 

Whoever  shall  willfully  trespass  upon,  injure,  or  destroy  any  of  the 
works  or  property  or  material  of  any  submarine  mine  or  torpedo  or 
fortification  or  harbor-defense  system  owned  or  constructed  or  in 
process  of  construction  by  the  United  States,  or  shall  willfully  inter- 
fere with  the  operation  or  use  of  any  such  submarine  mine,  torpedo, 
fortification,  or  harbor-defense  system,  or  shall  knowingly,  willfully, 
or  wantonly  violate  any  duly  authorized  and  promulgated  order  or 
regulation  of  the  President  governing  persons  or  vessels  within  the 
limits  of  defensive  sea  areas,  which  defensive  sea  areas  are  hereby 
authorized  to  be  established  by  order  of  the  President  from  time  to 
time  as  may  be  necessary  in  his  discretion  for  purposes  of  national 
defense,  shall  be  punished  on  conviction  thereof  in  a  district  or  cir- 
cuit court  of  appeals  of  the  United  States  for  the  district  or  circuit 
in  which  the  offense  is  committed,  or  into  which  the  offender  is  first 
brought,  by  a  fine  of  not  more  than  $5,000,  or  by  imprisonment  for 
a  term  not  exceeding  five  years,  or  by  both,  in  the  discretion  of  the 
court.  Offenses  hereunder  committed  within  the  Canal  Zone  or 
within  any  defensive  sea  areas  which  the  President  is  authorized  to 
establish  by  this  section,  shall  be  cognizable  in  the  District  Court  of 
the  Canal  Zone,  and  jurisdiction  is  hereby  conferred  upon  said  court 
to  hear  and  determine  all  such  cases  arising  under  this  section  and  to 
impose  the  penalties  herein  provided  for  the  violation  of  any  of  its 
provisions.  (July  7,  1898,  ch.  576,  sec.  1,  30  Stat.  717;  Mar.  4,  1909, 
ch.  321,  sec.  44,  35  Stat.  1097;  Mar.  4,  1917.  ch.  180,  39  Stat.  1194; 
May  22, 1917,  ch.  20,  sec.  19,  40  Stat.  89.) 

98.  Possession  or  control  of  property  or  papers  in  aid  of  foreign 
government  designed  or  intended  for  violating  penal  statutes, 
treaty  rights  or  obligations  of  United  States ;  or  rights  under  law  of 
nations. — Wlioever,  in  aid  of  any  foreign  government,  shall  know- 
ingly and  willfully  have  possession  of  or  control  over  any  property  or 
papers  designed  or  intended  for  use  or  which  is  used  as  the  means  of 
violating  any  penal  statute,  or  any  of  the  rights  or  obligations  of  the 
United  States  under  any  treaty  or  the  law  of  nations,  shall  be  fined 
not  more  than  $1,000  or  imprisoned  not  more  than  two  years,  or 
both.  The  term  "  IJnited  States  ",  as  used  in  this  section,  includes  the 
Canal  Zone,  and  all  territory  and  waters,  continental  or  insular, 
subject  to  the  jurisdiction  of  the  United  States.  The  words  "  foreign 
government  ",  as  used  in  this  section,  shall  be  deemed  to  include  any 
government,  faction,  or  body  of  insurgents  within  a  country  with 

93083—34 58  905 


T.  18,  §  130]  GENERAL  LAWS 

which  the  United  States  is  at  peace,  which  government,  faction,  or 
body  of  insurgents  may  or  may  not  have  been  recognized  by  the 
United  States  as  a  government.  (June  15, 1917,  ch.  30,  title  VIII,  sec. 
4,  40  Stat.  226;  June  15,  1917,  ch.  30,  title  XI,  sec.  22,  40  Stat.  230, 
June  15, 1917,  ch.  30,  title  XIII,  sec.  1,  40  Stat.  231. 

Cboss-Refeeence 

Jurisdiction  of  district  court  iu  Canal  Zone  over  offenses  under  this  section, 
see  section  574  of  this  title. 

130.  Counterfeiting  Government  seal;  fraudulently  or  wrong- 
fully affixing  seal  of  executive  departments  to  certificate  or  instru- 
ment or  wrongfully  using  such  certificate  or  instrument. — Who- 
ever shall  fraudulently  or  wrongfully  affix  or  impress  the  seal  of 
any  executive  department,  or  of  any  bui-eau,  commission,  or  office  of 
the  United  States,  to  or  upon  any  certificate,  instrument,  commission, 
document,  or  paper  of  any  description ;  or  whoever,  with  knowledge 
of  its  fraudulent  character,  shall  with  wrongful  or  fraudulent  intent 
use,  buy,  procure,  sell,  or  transfer  to  another  any  such  certificate, 
instrument,  commission,  document,  or  paper,  to  which  or  upon  which 
said  seal  has  been  so  fraudulently  affixed  or  impressed,  shall  be  fined 
not  more  than  $5,000  or  imprisoned  not  more  than  five  years,  or  both. 
(June  15,  1917,  ch.  30,  title  X,  sec.  1,  40  Stat.  227.) 

Cross-Refebencb 

Jurisdiction  of  district  court  iu  Canal  Znne  over  offenses  under  sections  130 
to  132  of  this  title,  see  section  574  of  this  title. 

131.  Falsely  making  or  forging  seal  of  executive  department. — 

Whoever  shall  falsely  make,  forge,  counterfeit,  mutilate,  or  alter,  or 
cause  or  procure  to  be  made,  forged,  counterfeited,  mutilated,  or  al- 
tered, or  shall  willingly  assist  in  falsely  making,  forging,  counter- 
feiting, mutilating,  or  altering,  the  seal  of  any  executive  department, 
or  any  bureau,  commission,  or  office  of  the  United  States,  or  whoever 
shall  knowingly  use,  affix,  or  impress  any  such  fraudulently  made, 
forged,  counterfeited,  mutilated,  or  altered  seal  to  or  upon  any  cer- 
tificate, instrument,  commission,  document,  or  paper,  of  any  descrip- 
tion, or  whoever  with  wrongful  or  fraudulent  intent  shall  have  pos- 
session of  any  such  falsely  made,  forged,  counterfeited,  mutilated,  or 
altered  seal,  knowing  same  to  have  been  so  falsely  made,  forged, 
counterfeited,  mutilated,  or  altered,  shall  be  fined  not  more  than 
$5  000  or  imprisoned  not  more  than  ten  years,  or  both.  (June  15, 
1917,  ch.  30,  title  X,  sec.  2,  40  Stat.  228.)  " 

132.  Falsely  making  or  forging  naval,  military,  or  official  pass. — 

Whoever  shall  falsely  make,  forge,  counterfeit,  alter,  or  tamper  with 
any  naval,  military,  or  official  pass  or  permit,  issued  by  or  under  the 
authority  of  the  United  States,  or  with  wrongful  or  fraudulent  in- 
tent shall  use  or  have  in  his  possession  any  such  pass  or  permit,  or 
shall  personate  or  falsely  represent  himself  to  be  or  not  to  be  a  per- 
son to  whom  such  pass  or  permit  has  been  duly  issued,  or  shall  will- 
fully allow  any  other  person  to  have  or  use  any  such  pass  or  permit, 
issued  for  his  use  alone,  shall  be  fined  not  more  than  $2,000  or  im- 

906 


GENERAL  LAWS  [T.  18,  §  2G4 

prisoned  not  more  than  five  years,  or  both.  (June  15,  1917,  ch.  30, 
title  X,  sec.  3,  40  Stat.  228.) 

133.  United  States  defined.— The  term  "  United  States  ",  as  used 

in  sections  130  to  132  of  this  title,  includes  tlie  Canal  Zone,  and  all 
territory  and  waters,  continental  or  insular,  subject  to  the  jurisdic- 
tion of  the  United  States.  (June  15,  1917,  ch.  30,  title  XIII,  sec.  1, 
40  Stat.  231.)  ' 

CHAPTER   7.— OFFENSES   AGAINST  CURRENCY,   COINAGE,   ETC. 

Note. — The  sections  hereinafter  shown  were  selected  on  the  basis  of  the  ex- 
press application  of  certain  of  their  provisions  to  places  "  suijject  to  the  juris- 
diction "  of  the  United  States. 

Section  261.  "  Obligation  or  other  security  of  the  United  States  " 
defined.— The  words  "  obligation  or  other  security  of  the  United 
States  "  shall  be  held  to  mean  all  bonds,  certificates  of  indebtedness, 
national  bank  currency,  coupons,  United  States  notes.  Treasury 
notes,  gold  certificates,  silver  certificates,  fractional  notes,  certificates 
of  deposit,  bills,  checks,  or  drafts  for  money,  drawn  by  or  upon  au- 
thorized officers  of  the  United  States,  stamps  and  other  representa- 
tives of  value,  of  whatever  denomination,  which  have  been  or  may 
be  issued  under  any  Act  of  Congress.  (R.S.  sec.  5413;  Feb.  18,  1875, 
ch.  80,  sec.  1,  18  Stat.  320;  Feb.  27,  1877,  ch.  09,  19  Stat.  253;  Feb. 
28,  1878,  ch.  20,  sec.  3,  20  Stat.  26;  Mar.  4,  1909,  ch.  321,  sec.  147, 
35  Stat.  1115.)  5  5,, 

264.  Using  plates  to  print  notes  without  authority;  distinctive 
paper. — Whoever,  having  control,  custody,  or  possession  of  any  plate, 
stone,  or  other  thing,  or  any  part  thereof,  from  which  has  been 
printed,  or  which  may  be  prepared  by  direction  of  the  Secretary  of 
the  Treasury  for  the  purpose  of  printing,  any  obligation  or  other  se- 
curity of  the  United  States,  shall  use  such  plate,  stone,  or  other  thing, 
or  any  part  thereof,  or  knowingly  suffer  the  same  to  be  used  for  the 
purpose  of  printing  any  such  or  similar  obligation  or  other  security, 
or  any  part  thereof,  except  as  may  be  printed  for  the  use  of  the 
United  States  by  order  of  the  proper  officer  thereof;  or  wdioever  by 
any  way,  art,  or  means  shall  make  or  execute,  or  cause  or  procure  to 
be  made  or  executed,  or  shall  assist  in  making  or  executing  any  plate, 
stone,  or  other  thing  in  the  likeness  of  any  plate  designated  for  the 
printing  of  such  obligation  or  other  security;  or  whoever  shall  sell 
any  such  plate,  stone,  or  other  thing,  or  bring  into  the  United  States 
or  any  place  subject  to  the  jurisdiction  thereof,  from  any  foreign 
place,  any  such  plate,  stone,  or  other  thing,  except  under  the  direc- 
tion of  the  Secretary  of  the  Treasury  or  other  proper  officer,  or  wnth 
any  other  intent,  in  either  case,  than  that  such  plate,  stone,  or  other 
thing  be  used  for  the  printing  of  the  obligations  or  other  securities 
of  the  United  States;  or  whoever  shall  have  in  his  control,  custody, 
or  possession  any  plate,  stone,  or  other  thing  in  any  manner  made 
after  or  in  the  similitude  of  any  plate,  stone,  or  other  thing,  from 
which  any  such  obligation  or  other  security  has  been  printed,  with 
intent  to  use  such  plate,  stone,  or  other  thing,  or  to  suffer  the  same 
to  be  used  in  forging  or  counterfeiting  any  such  obligation  or  other 

907 


T.  18,  §  265]  GENERAL  LAWS 

security,  or  any  part  thereof ;  or  whoever  shall  have  in  his  possession 
or  custody,  except  under  authority  from  the  Secretary  of  the  Treas- 
ury or  other  proper  officer,  any  obligation  or  other  security  made  or 
executed,  in  whole  or  in  part,  after  the  similitude  of  any  obligation 
or  other  security  issued  under  the  authority  of  the  United  fetates, 
with  intent  to  sell  or  otherwise  use  the  same ;  or  whoever  shall  print, 
photograph,  or  in  au}^  other  manner  make  or  execute,  or  cause  to  be 
printed,  photographed,  made,  or  executed,  or  shall  aid  in  printing, 
photographing,  making,  or  executing  any  engraving,  photograph, 
print,  or  impression  in  the  likeness  of  any  such  obligation  or  other 
security,  or  any  part  thereof,  or  shall  sell  any  such  engraving,  photo- 
graph, print,  or  impression,  except  to  the  United  States,  or  shall 
bring  into  the  United  States  or  any  place  subject  to  the  jurisdiction 
thereof,  from  any  foreign  place,  any  such  engraving,  photograph, 
print,  or  impression,  except  by  direction  of  some  proper  officer  of 
the  United  States ;  or  whoever  shall  have  or  retain  in  his  control  or 
possession,  after  a  distinctive  paper  has  been  adopted  by  the  Secre- 
tary of  the  Treasury  for  the  obligations  and  other  securities  of  the 
United  States,  any  similar  paper  adapted  to  the  making  of  any  such 
obligation  or  other  security,  except  under  the  authority  of  the  Sec- 
retary of  the  Treasury  or  some  other  proper  officer  of  the  United 
States,  shall  be  fined  not  more  than  $5,000,  or  imprisoned  not  more 
than  fifteen  years,  or  both.  (R.S.  sec.  5430,  Mar.  4,  1909,  ch.  321, 
sec.  150,  35  Stat.  1116.) 

265.  Uttering  forged  obligations. — Whoever,  with  intent  to  de- 
fraud, shall  pass,  utter,  publish,  or  sell,  or  attempt  to  pass,  utter, 
publish,  or  sell,  or  shall  bring  into  the  United  States  or  any  place 
subject  to  the  jurisdiction  thereof,  with  intent  to  pass,  publish,  utter, 
or  sell,  or  shall  keep  in  possession  or  conceal  with  like  intent,  any 
falsely  made,  forged,  counterfeited,  or  altered  obligation  or  other 
security  of  the  United  States,  shall  be  fined  not  more  than  $5,000 
and  imprisoned  not  more  than  fifteen  years.  (E.S.  sec.  5431 ;  Mar.  4, 
1909,  ch.  321,  sec.  151,  35  Stat.  1116.) 

270.  Counterfeiting-  foreign  securities. — Whoever,  within  the 
United  States  or  any  place  subject  to  the  jurisdiction  thereof,  with 
intent  to  defraud,  shall  falsely  make,  alter,  forge,  or  counterfeit 
any  bond,  certificate,  obligation,  or  other  security  in  imitation  of,  or 
purporting  to  be  an  imitation  of,  any  bond,  certificate,  obligation, 
or  other  security  of  any  foreign  government,  issued  or  put  forth 
under  the  authority  of  such  foreign  government,  or  any  treasury 
note,  bill,  or  promise  to  pay  issued  by  such  foreign  government,  and 
intended  to  circulate  as  money,  either  by  law,  order,  or  decree  of 
such  foreign  government;  or  whoever  shall  cause  or  procure  to  be 
so  falsely  made,  altered,  forged,  or  counterfeited,  or  shall  knowingly 
aid  or  assist  in  making,  altering,  forging,  or  counterfeiting,  any 
such  bond,  certificate,  obligation,  or  other  security,  or  any  such  treas- 
ury note,  bill,  or  promise  to  pay,  intended  as  aforesaid  to  circulate  as 
money,  shall  be  fined  not  more  than  $5,000  and  imprisoned  not  more 
than  five  vears.  (May  16,  1884,  ch.  52,  sec.  1,  23  Stat.  22;  Mar.  4. 
1909,  ch.  321,  sec.  156,  35  Stat.  1117.) 


908 


GENERAL  LAWS  [T.  18,  §  275 

271.  Uttering  counterfeit  foreign  securities. — Whoever,  within 
J  he  United  States  or  any  place  subje(-t  to  the  jurisdiction  therof, 
knowingly  and  with  intent  to  defraud,  bliall  utter,  pass,  or  put  off, 
in  payment  or  negotiation,  any  false,  forged,  or  counterfeited  bond, 
certihcate,  obligation,  security",  treasury  note,  bill,  or  promise  to  pay, 
mentioned  in  section  270  of  this  title,'  whether  the  same  was  made, 
altered,  forged,  or  counterfeited  within  the  United  States  or  not. 
shall  be  fined  not  more  than  $3,000  and  imprisoned  not  more  than 
three  vears.  (May  16,  1884,  ch.  52,  sec.  2,  23  Stat.  23 ;  Mar.  4,  1909, 
eh.  321,  sec.  157,  35  Stat.  1118.) 

272.  Counterfeiting  notes  of  foreign  banks. — Whoever,  within 
the  United  States  or  any  place  subject  to  the  jurisdiction  thereof, 
with  intent  to  defraud,  shall  falsely  make,  alter,  forge,  or  counterfeit, 
or  cause  or  procure  to  be  so  falsely  made,  altered,  forged,  or  counter- 
feited, or  shall  knowingly  aid  and  assist  in  the  false  making,  alter- 
ing, forging,  or  counterfeiting  of  any  bank  note  or  bill  issued  by  a 
bank  or  corporation  of  any  foreign  country,  and  intended  by  the 
law  or  usage  of  such  foreign  country  to  circulate  as  money,  such 
Dank  or  corporation  being  authorized  by  the  laws  of  such  country, 
shall  be  fined  not  more  than  $2,000  and  imprisoned  not  more  than 
two  years.  (May  16, 1884,  ch.  52,  sec.  3,  23  Stat.  23 ;  Mar.  4, 1909,  ch. 
321,  sec.  158,  35  Stat.  1118.) 

273.  Uttering  counterfeit  notes  of  foreign  banks. — Whoever, 

within  the  United  States  or  any  place  subject  to  the  jurisdiction 
thereof,  shall  utter,  pass,  put  off,  or  tender  in  payment,  with  intent 
to  defraud,  any  such  false,  forged,  altered,  or  counterfeited  bank 
note  or  bill,  mentioned  in  section  272  of  this  title,  know^ing  the  same 
to  be  so  false,  forged,  altered,  and  counterfeited,  whether  the  same 
was  made,  forged,  altered,  or  counterfeited  within  the  United  States 
or  not,  shall  be  fined  not  more  than  $1,000  and  imprisoned  not  more 
than  one  year.  (May  16,  1884,  ch.  52,  sec.  4,  23  Stat.  23 ;  Mar.  4. 
1909,  ch.  321,  sec.  159,^35  Stat.  1118.) 

274.  Possession    of    counterfeit    foreign    securities. — Whoever, 

within  the  United  States  or  any  place  subject  to  the  jurisdiction 
thereof,  shall  have  in  his  possession  any  false,  forged,  or  counterfeit 
bond,  certificate,  obligation,  security,  treasury  note,  bill,  promise  to 
pay,  bank  note,  or  bill  issued  by  a  bank  or  corporation  of  any  for- 
eign country,  with  intent  to  utter,  pass,  or  put  off'  the  same,  or  to 
deliver  the  same  to  any  other  person  with  intent  that  the  same  may 
thereafter  be  uttered,  passed,  or  put  off  as  true,  or  shall  knowingly 
deliver  the  same  to  any  other  person  with  such  intent,  shall  be  fined 
not  more  than  $1,000  and  imprisoned  not  more  than  one  year. 
(May  16,  1884,  ch.  52,  sec.  5.  23  Stat.  23 ;  Mar.  4,  1909,  ch.  321,  sec. 
160,  35  Stat.  1118.) 

275.  Possession  of  counterfeit  plates  of  foreign  securities. — 

Whoever,  within  the  United  States  or  any  place  subject  to  the  juris- 
diction thereof,  except  by  lawful  authority,  shall  have  control,  cus- 
tody, or  possession  of  any  plate,  stone,  or  other  thing,  or  any  part 
thereof,  from  which  has  been  printed  or  may  be  printed  any  counter- 
feit note,  bond,  obligation,  or  other  security,  in  whole  or  in  part,  of 

909 


T.  18,  §  277]  GENERAL  LAWS 

any  foreign  government,  bank,  or  corporation,  or  shall  use  such  plate, 
stone,  or  other  thing,  or  knowingly  permit  or  suffer  the  same  to  be 
used  in  counterfeiting  such  foreign  obligations,  or  an}'^  part  thereof; 
or  whoever  shall  make  or  engrave,  or  cause  or  procure  to  be  made 
or  engraved,  or  shall  assist  in  making  or  engraving,  any  plate,  stone, 
or  other  thing  in  the  likeness  or  similitude  of  any  plate,  stone,  or 
other  thing  designated  for  the  printing  of  the  genuine  issues  of  the 
obligations  of  any  foreign  government,  bank,  or  corporation;  or 
whoever  shall  print,  photograph,  or  in  any  other  manner  make,  exe- 
cute, or  sell,  or  cause  to  be  printed,  photographed,  made,  executed,  or 
sold,  or  shall  aid  in  printing,  photographing,  making,  executing,  or 
selling,  any  engraving,  photograph,  print,  or  impression  in  tlie  like- 
ness of  any  genuine  note,  bond,  obligation,  or  other  security',  or  any 
part  thereof,  of  any  foreign  government,  bank,  or  corporation;  or 
whoever  shall  bring  into  the  United  States  or  any  place  subject  to 
the  jurisdiction  thereof  any  counterfeit  plate,  stone,  or  other  thing,  or 
engraving,  photograph,  print,  or  other  impressions  of  the  notes, 
bonds,  obligations,  or  other  securities  of  au}^  foreign  government, 
bank,  or  corporation,  shall  be  fined  not  more  than  $5,000,  or  impris- 
oned not  more  than  five  years,  or  both.  (May  16,  1884,  ch.  52,  sec. 
6,  23  Stat.  23;  Mar.  4,  1909,  ch.  321,  sec.  161,  35  Stat,  1118.) 

277.  Counterfeiting  gold  or  silver  coins  or  bars. — Wlioever  shall 

falsely  make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely 
made,  forged,  or  counterfeited,  or  shall  willingly  aid  or  assist  in 
falsely  making,  forging,  or  counterfeiting  any  coin  or  bars  in  resem- 
blance or  similitude  of  the  gold  or  silver  coins  or  bars  which  have 
been,  or  hereafter  may  be,  coined  or  stamped  at  the  mints  and  assay 
offices  of  the  United  States,  or  in  resemblance  or  similitude  of  any 
foreign  gold  or  silver  coin  which  by  law  is,  or  hereafter  may  be,  cur- 
rent in  the  United  States,  or  are  in  actual  use  and  circulation  as  monej' 
within  the  United  States;  or  whoever  shall  pass,  utter,  publish,  or 
sell,  or  attempt  to  pass,  utter,  publish,  or  sell,  or  bring  into  the  United 
States  or  any  place  subject  to  the  jurisdiction  thereof,  from  any  for- 
eign place,  knowing  the  same  to  be  false,  forged,  or  counterfeit,  with 
intent  to  defraud  any  body  politic  or  corporate,  or  any  person  or  per- 
sons whomsoever,  or  shall  have  in  his  possession  any  such  false, 
forged,  or  counterfeited  coin  or  bars,  knowing  the  same  to  be  false, 
forged,  or  counterfeited,  with  intent  to  defraud  any  body  politic  or 
corporate,  or  any  person  or  persons  whomsoever,  shall  be  fined  not 
more  than  $5,000  and  imprisoned  not  more  than  ten  vears.  (R.S. 
sec.  5457;  Jan.  16,  1877,  ch.  24,  19  Stat.  223;  Mar.  4,  1909,  ch.  321,  sec. 
163,  35  Stat.  1119.) 

278.  Counterfeiting  minor  coins. — Whoever  shall  falsely  make, 
forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made,  forged, 
or  counterfeited,  or  shall  willingly  aid  or  assist  in  falsely  making, 
forging,  or  counterfeiting  any  coin  in  the  resemblance  or  similitude 
of  any  of  the  minor  coins  which  have  been,  or  hereafter  may  be, 
coined  at  the  mints  of  the  United  States;  or  whoever  shall  pass,  utter, 
publish,  or  sell,  or  bring  into  the  United  States  or  any  place  subject 
to  the  jurisdiction  thereof,  from  any  foi-eign  place,  or  have  in  his  pos- 
session any  such  false,  forged,  or  counterfeited  coin,  with  intent  to 

910 


GENERAL  LAWS  [T.  18,  §  285 

defraud  any  person  whomsoever,  shall  be  fined  not  more  than  $1,000 
and  imprisonod  not  more  than  three  veurs.  (K.S.  sec.  5458;  Mar.  4, 
1909,  ch.  321,  sec.  1G4,  35  Stat.  1119.)  ' 

279.  Falsifying,  mutilating,  or  lightening  coins. — Whoever,  fraud- 
ulently, by  any  art,  way,  or  means,  shall  deface,  mutilate,  impair, 
diminish,  falsify,  scale,  or  lighten,  or  cause  or  procure  to  be  fraudu- 
lently defaced,  uuitilated,  impaired,  diminished,  falsified,  scaled,  or 
lightened,  or  willingly  aid  or  assist  in  fraudulently  defacing,  mutilat- 
ing, imparing,  diminishing,  falsifying,  scaling,  or  lightening,  the  gold 
or  silver  coins  which  have  been,  or  which  may  hereafter  be,  coined  at 
the  mints  of  the  United  States,  or  any  foreign  gold  or  silver  coins 
which  are  by  law  made  current  or  are  in  actual  use  or  circulation  as 
money  within  the  United  States  or  in  any  place  subject  to  the  juris- 
diction thereof;  or  whoever  shall  pass,  utter,  publish,  or  sell,  or 
attempt  to  pass,  utter,  publish,  or  sell,  or  bring  into  the  United 
States  or  any  place  subject  to  the  jurisdiction  thereof,  from  any 
foreign  place,  knowing  the  same  to  be  defaced,  mutilatecl,  impaired, 
diminished,  falsified,  scaled,  or  lightened,  with  intent  to  defraud  any 
person  whomsoever,  or  shall  have  in  his  possession  any  such  defaced, 
mutilated,  impaired,  diminished,  falsified,  scaled,  or  lightened  coin, 
knowing  the  same  to  be  defaced,  mutilated,  impaired,  diminished, 
falsified,  scaled,  or  lightened,  with  intent  to  defraud  any  person 
whomsoever,  shall  be  fined  not  more  than  $2,000  and  imprisoned  not 
more  than  five  years.  (R.S.  sec.  5459;  Mar.  3,  1897,  ch.  377,  29  Stat. 
625 ;  Mar.  4, 1909,  ch.  321,  sec.  165,  35  Stat.  1119.) 

284.  Counterfeiting  dies  for  foreign  coins. — Whoever,  within  the 
United  States  or  any  place  subject  to  the  jurisdiction  thereof,  without 
lawful  authority,  shall  make,  or  cause  or  procure  to  be  made,  or  shall 
willingly  aid  or  assist  in  making,  any  die,  hub,  or  mold,  or  any  part 
thereof,  either  of  steel  or  of  plaster,  or  of  any  other  substance'what- 
soever,  in  the  likeness  or  similitude,  as  to  the  design  or  the  inscription 
thereon,  of  any  die,  hub,  or  mold  designated  for  the  coining  of  the 
genuine  coin  of  any  foreign  government;  or  whoever,  without  lawful 
authority,  shall  have  in  his  possession  any  such  die,  hub,  or  mold,  or 
any  part  thereof,  or  shall  conceal,  or  knowingly  suffer  the  same  to  be 
used  for  the  counterfeitinjt^  of  any  foreign  coin,  shall  be  fined  not 
more  than  $2,000,  or  imprisoned  not  more  than  five  years,  or  both. 
(Feb.  10,  1891,  ch.  127,  sec.  2,  26  Stat.  742;  Mar.  4,  1909,  ch.  321,  sec. 
170,  35  Stat.  1120.) 

285.  Making,  importing,  or  possessing  tokens  similar  to  United 
States  or  foreign  coins.— Whoever  within  the  United  States  or  any 
place  subject  to  the  jurisdiction  thereof  shall  make,  or  cause  or 
procure  to  be  made,  or  shall  bring  therein  from  any  foreign  country, 
or  shall  have  in  possession  with  intent  to  sell,  give  away,  or  in  any 
other  manner  use  the  same,  any  business  or  professional  card,  notice, 
placard,  token,  device,  print,  or  impression,  or  any  other  thing 
whatsoever,  in  the  likeness  or  similitude  as  to  design,  color,  or  the 
inscription  thereon  of  any  of  the  coins  of  the  United  States  or  of 
any  foreign  country  that  have  been  or  may  be  issued  as  money, 
either  under  the  authority  of  the  United  States  or  under  the  au- 
thority of  any  foreign  government,  shall  be  fined  not  more  than 

911 


T.  18,  §  287]  GENERAL  LAWS 

$100.  But  nothing  in  this  section  shall  be  construed  to  forbid  or 
prevent  the  printing  and  publishing  of  illustrations  of  coins  and 
medals  or  the  making  of  the  necessary  plates  for  the  same  to  be 
used  in  illustrating  numismatic  and  historical  books  and  journals 
and  school  arithmetics  and  the  circulars  of  legitimate  publishers 
and  dealers  in  the  same.  (Feb.  10,  1891,  ch.  127,  sec.  3,  26  Stat. 
742;  Mar.  3,  1903,  ch.  1015.  32  Stat.  1223;  Mar.  4,  1909,  ch.  321,  sec. 
171,  35  Stat.  1121;  Feb.  15,'l912,  ch.  38,  37  Stat.  64.) 

287.  Search  warrant  for  suspected  counterfeits;  forfeiture. — 

The  several  judges  of  courts  established  under  the  laws  of  the  United 
States  and  United  States  commissioners  may,  upon  proper  oath  or 
affirmation,  within  their  respective  jurisdiction,  issue  a  search  war- 
rant authorizing  any  marshal  of  the  United  States,  or  an}^  other 
person  specially  mentioned  in  such  warrant,  to  enter  any  house, 
store,  building,  boat,  or  other  place  named  in  such  warrant,  in  which 
there  shall  appear  probable  cause  for  believing  that  the  manufac- 
ture of  counterfeit  money,  or  the  concealment  of  counterfeit  money, 
or  the  manufacture  or  concealment  of  counterfeit  obligations  or 
coins  of  the  United  States  or  of  any  foreign  government,  or  the 
manufacture  or  concealment  of  dies,  hubs,  molds,  plates,  or  other 
things  fitted  or  intended  to  be  used  for  the  manufacture  of  coun- 
terfeit money,  coins,  or  obligations  of  the  United  States  or  of  any 
foreign  govermnent,  or  of  any  bank  doing  business  under  the 
authority  of  the  United  States  or  of  any  State  or  Territory  thereof, 
or  of  any  bank  doing  business  under  the  authority  of  any  foreign 
government,  or  of  any  political  division  of  any  foreign  government, 
is  being  carried  on  or  practiced,  and  there  search  for  any  sucii  coun- 
terfeit money,  coins,  dies,  hubs,  molds,  plates,  and  other  things, 
and  for  any  such  obligations,  and  if  any  such  be  found,  to  seize 
and  secure  the  same  and  to  make  return  thereof  to  the  proper  author- 
ity ;  and  all  such  counterfeit  money,  coins,  dies,  hubs,  molds,  plates, 
and  other  things,  and  all  such  counterfeit  obligations  so  seized  shall 
be  forfeited  to  the  United  States.  (Feb.  10,  1891,  ch.  127,  sec.  5, 
26  Stat.  743;  Mar.  4,  1909,  ch.  321,  sec.  173,  35  Stat.  1121.) 

288.  "  Foreign  government "  defined. — The  words  "  foreign  gov- 
ernment," as  used  in  sections  270,  271,  275,  and  284  to  287  of  this 
title,  shall  be  deemed  to  include  any  government,  faction,  or  body  of 
insurgents  within  a  country  with  which  the  United  States  is  at 
peace,  which  government,  faction,  or  body  of  insurgents  may  or  may 
not  have  been  recognized  by  the  United  States  as  a  government. 
(June  15,  1917,  ch.  30,  title  VIII,  sec.  4,  40  Stat.  226.) 

CHAPTER  8.— OFFENSES  AGAINST  POSTAL  SERVICE 
Ceoss-References 

For  provision  extending  to  the  Canal  Zone,  tlie  laws  of  the  United  States 
defining  crimes  against  the  Postal  Service,  insofiir  as  they  are  not  locally 
inapplicable;  and  providing  the  manner  of  enfoiceraent  of  such  laws,  see 
Canal  Zone  Code,  title  5,  section  111. 

Opening  or  publishing  sealed  letters,  see  Canal  Zone  Code,  title  5,  section  808. 

Section  301.  Definition. — The  words  "  postal  service,"  wherever 
used  in  this  chapter,  shall  be  held  and  deemed  to  include  the  "  Post 
Office  Department."     (Mar.  4,  1909,  ch.  321,  sec.  231,  35  Stat.  1134.) 

912 


GENERAL  LAWS  [T.  18,  §  307 

302.  Conducting  post  office  without  authority. — Whoever,  with- 
out authority  from  the  Postmaster  General,  shall  set  up  or  profess 
to  keep  any  office  or  place  of  business  bearing  the  sign,  name,  or  title 
of  post  office,  shall  be  fined  not  more  than  $500.  (U.S.  sec.  3829; 
Mar.  4,  1909,  ch.  321,  sec.  179,  35  Stat.  1123.) 

303.  Illegal  carrying  of  mail  by  officials. — Whoever,  being  con- 
cerned in  carrying  the  mail,  shall  collect,  receive,  or  carry  any  letter 
or  packet,  or  cause  or  procure  the  same  to  be  done,  contrary  to  law, 
shall  be  fined  not  more  than  $50,  or  imprisoned  not  more  than  thirty 
days,  or  both.  (E.S.  sec.  3981 ;  Mar.  4, 1909,  ch.  321,  sec.  180,  35  Stat. 
1123.) 

304.  Conveying  mail  by  private  express;  delivery  to  post  office 
allowed. — Whoever  shall  establish  any  private  express  for  the  con- 
veyance of  letters  or  packets,  or  in  any  manner  cause  or  provide  for 
the  conve3^ance  of  the  same  by  regular  trips  or  at  stated  periods  over 
any  post  route  which  is  or  may  be  established  by  law,  or  from  any 
city,  town,  or  place,  to  any  other  city,  town,  or  place,  between  which 
the  mail  is  regularly  carried,  or  whoever  shall  aid  or  assist  therein 
shall  be  fined  not  more  than  $500,  or  imprisoned  not  more  than  six 
months,  or  both.  Nothing  contained  in  this  section  shall  be  con- 
strued as  prohibiting  any  person  from  receiving  and  delivering  to 
the  nearest  post  office,  postal  car,  or  other  authorized  depository  for 
mail  matter,  any  mail  matter  properly  stamped.  (R.S.  sec.  3982; 
Mar.  3,  1879,  ch.  180,  sec.  1,  20  Stat.  356;  Mar.  4,  1909,  ch.  321,  sec. 
181,  35  Stat.  1123.) 

305.  Transporting  persons  unlawfully  conveying  mail. — ^Who- 
ever, being  the  owner,  driver,  conductor,  master  or  other  person  hav- 
ing charge  of  any  stagecoach,  railway  car,  steamboat,  or  other  ve- 
hicle or  vessel,  shall  knowingly  convey  or  knowingly  permit  the  con- 
veyance of  any  person  acting  or  employed  as  a  private  express  for 
the  conveyance  of  letters  or  packets,  and  actually  in  possession  of 
the  same  for  the  purpose  of  conveying  them,  contrar}'^  to  law,  shall 
be  fined  not  more  than  $150.  (R.S.  sec.  3983;  Mar.  4,  1909,  ch.  321. 
sec.  182,  35  Stat.  1124.) 

306.  Sending  letters  by  private  express. — Wlioever  shall  trans- 
mit by  private  express  or  other  unlawful  means,  or  deliver  to  any 
agent  thereof,  or  deposit  or  cause  to  be  deposited  at  any  appointed 
place,  for  the  purpose  of  being  so  transmitted,  any  letter  or  packet, 
shall  be  fined  not  more  than  $50.  (R.S.  sec.  3984;  Mar.  4,  1909,  ch. 
321,  sec.  183,  35  Stat.  1124.) 

307.  Carrying  letters  out  of  the  mail  over  post  routes. — Who- 
ever, being  the  owner,  driver,  conductor,  master,  or  other  person  hav- 
ing charge  of  any  stagecoach,  railway  car,  steamboat,  or  conveyance 
of  any  kind  which  regularly  performs  trips  at  stated  periods  on  any 
post  route,  or  from  any  city,  town,  or  place  to  any  other  city,  town, 
or  place  between  which  the  mail  is  regularly  carried,  and  which  shall 
carry,  otherwise  than  in  the  mail,  any  letters  or  packets,  except  such 
as  relate  to  some  part  of  the  cargo  of  such  steamboat  or  other  vessel, 
to  the  current  business  of  the  carrier,  or  to  some  article  carried  at  the 


913 


T.  18,  §  308]  GENERAL  LAWS 

same  time  by  the  same  stagecoach,  railway  car,  or  other  vehicle,  ex- 
cept as  otherwise  provided  bv  law,  shall  be  fined  not  more  than  $50. 
(K.S.  sec.  3985;  Mar.  4,  1909,  ch.  321,  sec.  184,  35  Stat.  1124.) 

308.  Carrying  letters  out  of  the  mail  on  vessels. — Whoever  shall 

carry  any  letter  or  packet  on  board  any  vessel  which  carries  the  mail, 
otherwise  than  in  such  mail,  except  as  otherwise  provided  by  law, 
shall  be  fined  not  more  than  $50,  or  imprisoned  not  more  than  one 
month,  or  both.  (R.S.  sec.  3986;  Mar.  4,  1909,  ch.  321,  sec.  185,  35 
Stat.  1124.) 

Cboss-Reiference 

See,  also,  title  39,  section  496. 

Section  309.  When  conveyance  by  private  person  is  lawful. — 

Nothing  in  this  chapter  shall  be  construed  to  prohibit  the  conveyance 
or  transmission  of  letters  or  packets  by  private  hands  without  com- 
pensation, or  by  special  messenger  employed  for  the  particular 
occasion  only.  (R.S.  sec.  3992 ;  Mar.  4,  1909,  ch.  321,  sec.  186,  35  Stat. 
1124.) 

310.  Wearing  carrier's  uniform  without  authority. — Whoever, 

not  being  connected  with  the  letter-carrier  branch  of  the  Postal 
Service,  shall  wear  the  uniform  or  badge  which  may  be  prescribed 
by  the  Postmaster  General,  to  be  worn  bj^  letter  carriers,  shall  be 
fined  not  more  than  $100,  or  imprisoned  not  more  than  six  months, 
or  both.  (R.S.  sec.  3867;  Mar.  4,  1909,  ch.  321,  sec.  187,  35  Stat. 
1124.) 

311.  Vehicles  claiming  to  be  mail  carriers. — It  shall  be  unlawful 

to  paint,  print,  or  in  any  manner  to  place  upon  or  attach  to  any 
steamboat  or  other  vessel,  or  any  car,  stagecoach,  vehicle,  or  other 
conveyance,  not  actually  used  in  carrying  the  mail,  the  words 
"  United  States  Mail,"  or  any  words,  letters,  or  characters  of  like 
import;  or  to  give  notice,  by  publishing  in  any  newspaper  or  other- 
wise, that  an}'  steamboat  or  other  vessel,  or  any  car,  stagecoach, 
vehicle,  or  other  conveyance,  is  used  in  carrying  the  mail,  when  the 
same  is  not  actually  so  used;  and  every  person  who  shall  violate,  and 
every  owner,  receiver,  lessee,  or  managing  operator  thereof,  who  shall 
cause,  suffer,  or  permit  the  violation  of  any  provision  of  this  section, 
shall  be  liable,  and  shall  be  fined  not  more  than  $1,000,  or  imprisoned 
not  more  than  two  years,  or  both.  (R.S.  sec.  3979;  Mar.  4,  1909,  ch. 
321,  sec.  188,35  Stat.  1124.) 

312.  Injuring  mail  bags. — AVhoever  shall  tear,  cut,  or  otherwise 

injure  any  mail  biig,  pouch,  or  other  thing  used  or  designed  for  use 
in  the  conveyance  of  the  mail,  or  shall  draw  or  break  any  staple  or 
loosen  any  part  of  any  lock,  chain,  or  strap  attached  thereto,  with 
intent  to  rob  or  steal  any  sucli  mail,  or  to  render  the  same  insecure, 
shall  be  fined  not  more  than  $500,  or  imprisoned  not  more  than  three 
years,  or  both.  (R.S.  sec.  5470;  Mar.  4,  1909,  ch.  321,  sec.  189,  35 
Stat.  1124.) 

313.  Stealing  post-office  property. — Whoever  shall  steal,  purloin, 

or  embezzle  any  mail  bag  or  other  property  in  use  by  or  belonging  to 
the  Post  Office  Department,  or  shall  appropriate  any  such  property 

914 


GENERAL  LAWS  [T.  18,  §  317 

to  his  own  or  any  other  than  its  proper  use,  or  shall  convey  away  any 
such  property  to  the  hindrance  or  deteriuient  of  the  public  service, 
shall  be  fined  not  more  than  $200,  or  imprisoned  not  more  than  three 
years,  or  both.  (R.S.  sec.  5475;  Mar.  4.  1909,  ch.  321,  sec.  190,  35 
'Stat.  1124.) 

314.  Stealing  or  forging  mail  locks  or  keys. — "\A^ioever  shall  steal, 
purloin,  embezzle,  or  obtain  by  any  false  pretense,  or  shall  aid  or 
assist  in  stealing,  purloining,  embezzling,  or  obtaining  by  any  false 
pretense,  any  key  suited  to  any  lock  adopted  by  the  Post  Office  De- 
partment and  in  use  on  any  of  the  mails  or  bags  thereof,  or  any  key 
to  an}^  lock  box,  lock  drawer,  or  other  authorized  receptacle  for  the 
deposit  or  delivery  of  mail  matter ;  or  whoever  shall  knowingly  and 
unlawfully  make,  forge,  or  counterfeit,  or  cause  to  be  unlawfully 
made,  forged,  or  counterfeited,  any  such  key,  or  shall  have  in  his 
possession  any  such  mail  lock  or  key  with  the  intent  unlawfully  or 
improperly  to  use,  sell,  or  otherwise  dispose  of  the  same,  or  to  cause 
the  same  to  be  unlawfully  or  improperly  used,  sold,  or  otherwise  dis- 
posed of ;  or  whoever,  being  engaged  as  a  contractor  or  otherwise  in 
the  manufacture  of  any  such  mail  lock  or  key,  shall  deliver  or  cause 
to  be  delivered,  any  finished  or  unfinished  lock  or  key  used  or  de- 
signed for  use  by  the  department,  or  the  interior  part  of  any  such 
lock,  to  any  person  not  duly  authorized  under  the  hand  of  the  Post- 
master General  and  the  seal  of  the  Post  Office  Department,  to  receive 
the  same,  unless  the  person  receiving  it  is  the  contractor  for  furnish- 
ing the  same  or  engaged  in  the  manufacture  thereof  in  the  manner 
authorized  by  the  contract,  or  the  agent  of  such  manufacturer,  shall 
be  fined  not  more  than  $500  and  imprisoned  not  more  than  ten  years. 
(R.S.  sec.  5477;  Mar.  4,  1909,  ch.  321,  sec.  191,  35  Stat.  1125.) 

315.  Breaking  into  and  entering  post  office. — Whoever  shall  for- 
cibly break  into  or  attempt  to  break  into  any  post  oiii  e,  or  any  build- 
ing used  in  whole  or  in  part  as  a  post  office,  with  intent  to  commit 
in  such  post  office,  or  building,  or  part  thereof,  so  used,  any  larceny 
or  other  depredation,  shall  be  fined  not  more  than  $1,000  and  im- 
prisoned not  more  than  five  years.  (R.S.  sec.  5478 ;  Mar.  4,  1909,  ch. 
321,  sec.  192,  35  Stat.  1125.) 

316.  Unlawfully  entering  post-office  car. — Whoever,  by  violence, 

shall  enter  a  post-office  car,  or  any  apartment  in  any  car,  steamboat, 
or  vessel,  assigned  to  the  use  of  the  mail  service,  or  shall  willfully 
or  maliciously  assault  or  interfere  with  any  postal  clerk  in  the  dis- 
charge of  his  duties  in  connection  with  such  car,  steamboat,  vessel, 
or  apartment  thereof,  or  shall  willfully  aid  or  ass.st  therein,  shall  be 
fined  not  more  than  $1,000,  or  imprisoned  not  more  than  three  years, 
or  both.  (Mar.  3,  1903,  ch.  1009,  sec.  5,  32  Stat.  1176;  Mar.  4,  1909, 
ch.  321,  sec.  193,  35  Stat.  1125.) 

317.  Stealing,  secreting,  or  embezzling  mail  matter. — Whoever 

shall  steal,  take,  or  abstract,  or  by  fraud  or  deception  obtain,  from 
or  out  of  any  mail,  post  office  or  station  thereof,  or  other  authorized 
depository  for  majl  matter,  or  from  a  letter  or  mail  carrier,  any 
letter,  postal  card,  package,  bag,  or  mail,  or  shall  abstract  or  remove 
from  any  such  letter,  package,  bag,  or  mail,  any  article  or  thing  con- 

915 


T.  18,  §  318]  GENERAL  LAWS 

tained  therein,  or  shall  secrete,  embezzle,  or  destroy  any  such  letter, 
postal  card,  package,  bag,  or  mail,  or  any  article  or  thing  contained 
therein;  or  whoever  shall  steal,  take,  or  abstract,  or  by  fraud  or 
deception  obtain  any  letter,  postal  card,  package,  bag,  or  mail,  which 
has  been  left  for  collection  upon  or  adjacent  to  a  collection  box  or 
other  authorized  depository  of  mail  matter;  or  whoever  shall  buy, 
receive,  or  conceal,  or  aid  in  buying,  receiving,  or  concealing,  or 
shall  unlawfully  have  in  his  possession,  any  letter,  postal  card, 
package,  bag,  or  mail,  or  any  article  or  thing  contained  therein, 
which  has  been  so  stolen,  taken,  embezzled,  or  abstracted,  as  herein 
described,  knowing  the  same  to  have  been  so  stolen,  taken,  embezzled, 
or  abstracted ;  or  whoever  shall  take  any  letter,  postal  card,  or  pack- 
age out  of  any  post  office  or  station  thereof,  or  out  of  any  authorized 
depository  for  mail  matter,  or  from  any  letter  or  mail  carrier,  or 
which  has  been  in  any  post  office  or  station  thereof,  or  other  au- 
thorized depository,  or  in  the  custody  of  any  letter  or  mail  carrier, 
before  it  has  been  delivered  to  the  person  to  whom  it  was  directed, 
with  a  design  to  obstruct  the  correspondence,  or  to  pry  into  the  busi- 
ness or  secrets  of  another,  or  shall  open,  secrete,  embezzle,  or  des- 
troy the  same,  shall  be  fined  not  more  than  $2,000,  or  imprisoned  not 
more  than  five  years,  or  both.  (R.S.  sees.  3892,  54G9,  5470;  Mar. 
4,  1909,  ch.  321,  sec.  194,  35  Stat.  1125 ;  Feb.  25,  1925,  ch.  318,  43  Stat. 
977.) 

318.  Postmaster  or  employee  detaining,  destroying,  or  em- 
bezzling mail  matter. — Whoever,  being  a  postmaster  or  other  person 
employed  in  any  department  of  the  Postal  Service,  shall  unhnvf  uUy 
detain,  delay,  or  open  any  letter,  postal  card,  package,  bag  or  mail 
intrusted  to  him  or  which  shall  come  into  his  possession,  and  which 
was  intended  to  be  conveyed  by  mail,  or  carried  or  delivered  by  any 
carrier,  messenger,  agent,  or  other  person  emploj^ed  in  any  depart- 
ment of  the  Postal  Service,  or  forwarded  through  or  delivered  from 
any  post  office  or  station  thereof  established  by  authority  of  the  Post- 
master General ;  or  shall  secrete,  embezzle,  or  destro}'"  any  such  letter, 
postal  card,  package,  bag,  or  mail ;  or  shall  steal,  abstract,  or  remove 
from  any  such  letter,  package,  bag,  or  mail,  any  article  or  thing  con- 
tained therein,  shall  be  fined  not  more  than  $500,  or  imprisoned  not 
more  than  five  years,  or  both.  (R.S.  sees.  3890,  3891,  5467;  Mar.  4, 
1909,  ch.  321,  sec.  195,  35  Stat.  1125.) 

319.  Detaining  or  destroying  newspapers. — Whoever,  being  a 

postmaster  or  other  person  empk)yed  in  any  department  of  the 
Postal  Service,  shall  improperly  detain,  delay,  embezzle,  or  destroy 
any  newspaper,  or  permit  any  other  person  to  detain,  delay,  embezzle, 
or  destroy  the  same,  or  open,  or  permit  any  other  person  to  open,  any 
mail  or  package  of  newspapers  not  directed  to  the  office  where  he  is 
employed ;  or  whoever  shall  open,  embezzle,  or  destroy  any  mail  or 
package  of  newspapers  not  being  directed  to  him,  and  he  not  being 
authorized  to  open  or  receive  the  same ;  or  whoever  shall  take  or  steal 
any  mail  or  package  of  newspapers  from  any  post  office  or  from  any 
person  having  custody  thereof,  shall  be  fined  not  more  than  $100,  or 
imprisoned  not  more  than  one  year,  or  both.  (R.S.  sec.  5471;  Mar. 
4,  1909,  ch.  321,  sec.  196,  35  Stat.  1126.) 

916 


GENERAL  LAWS  [T.  18,  §  324 

320.  Assaulting  mail  custodian  and  robbing  mail;  wounding  cus- 
todian.—Whoever  shall  assault  any  person  having  lawful  charge, 
control,  or  custody  of  any  mail  matter,  with  intent  to  rob,  steal,  or 
purloin  such  mail  matter  or  any  part  thereof,  or  shall  rob  any  such 
person  of  such  mail  or  any  part  thereof,  shall,  for  a  first  offense,  be 
imprisoned  not  more  than  ten  years;  and  if  in  eifectmg  or  attempt- 
ing to  effect  such  robbery,  he  shall  wound  the  person  having  custody 
of  the  mail,  or  put  his  life  in  jeopardy  by  the  use  of  a  dangerous 
weapon,  or  for  a  subsequent  offense,  shall  be  imprisoned  twenty-five 
years.  (U.S.  sees.  5472,  5473;  Mar.  4,  1909,  ch.  321,  sec.  197,  35 
Stat.  1126.) 

321.  Injury  to  letter  boxes.— Whoever  shall  willfully  or  mali- 
ciously injure,  tear  down,  or  destroy  any  letter  box  or  other  receptacle 
intended  or  used  for  the  receipt  or  'delivery  of  mail  on  any  mail  route, 
or  shall  break  open  the  same,  or  .shall  willfully  or  maliciously  injure, 
deface,  or  destroy  any  mail  deposited  tlierein,  or  shall  willfully  take 
or  steal  such  mail  from  or  out  of  such  letter  box  or  other  receptacle, 
or  shall  willfully  aid  or  assist  in  any  of  the  aforementioned  offenses, 
shall  for  every  such  offense  be  punished  by  a  fine  of  not  more  than 
$1,000  or  by  Imprisonment  for  not  more  than  three  years.  (R.S. 
sees.  3869,  5466;  Apr.  21,  1902,  ch.  563,  sec.  1,  32  Stat.  113;  Mar.  3, 
1903,  ch.  1009,  sec.  3,  32  Stat.  1175;  Mar.  4,  1909,  ch.  321,  sec.  198, 
35  Stat.  1126;  May  18,  1916,  ch.  126,  sec.  10,  39  Stat.  162;  July  28, 
1916,  ch.  261,  sec.  1,  39  Stat.  418.) 

322.  Deserting  the  mail.— Whoever,  having  taken  charge  of  any 
mail,  shall  voluntarily  quit  or  desert  the  same  before  he  has  delivered 
it  into  the  post  office  at  the  termination  of  the  route,  or  to  some 
known  mail  carrier,  messenger,  agent,  or  other  employee  in  the 
Postal  Service  authorized  to  receive  the  same,  shall  be  fined  not  more 
than  $500,  or  imprisoned  not  more  than  one  year,  or  both.  (R.S. 
sec.  5474;  Mar.  4,  1909,  ch.  321,  sec.  199,  35  Stat.  1126.) 

323.  Delivery  of  letters  by  master  of  vessel. — The  master  or 
other  person  having  charge  or  control  of  any  steamboat  or  other 
vessel  passing  between  ports  or  places  in  the  United  States,  arriving 
at  any  such  port  or  place  where  there  is  a  post  office,  shall  deliver  to 
the  postmaster  or  at  the  post  office,  within  three  hours  after  his  ar- 
rival, if  in  the  daytime,  and  if  at  night,  within  two  hours  after  the 
next  sunrise,  all  letters  and  packages  brought  by  him  or  within  his 
power  or  control  and  not  relating  to  the  cargo,  addressed  to  or 
destined  for  such  port  or  place,  for  which  he  shall  receive  from  the 
postmaster  two  cents  for  each  letter  or  package  so  delivered,  unless 
the  same  is  carried  under  a  contract  for  carrying  the  mail;  and  for 
every  failure  so  to  deliver  such  letters  or  packages,  the  master  or 
other  person  having  charge  or  control  of  such  steamboat  or  other 
vessel,  shall  be  fined  not  more  than  $150.  (R.S.  sec.  3977;  Mar.  4, 
1909,  ch.  321,  sec.  200,  35  Stat.  1126.) 

324.  Obstructing  the  mail. — Whoever  shall  knowingly  and  will- 
fully obstruct  or  retard  the  passage  of  the  mail,  or  any  carriage, 
horse,  driver,  or  carrier,  or  car,  steamboat,  or  other  conveyance  or 
vessel  carrying  the  same,'  shall  be  fined  not  more  than  $100,  or  im- 

917 


T.  18,  §  325]  GENERAL  LAWS 

prisoned  not  more  than  six  months,  or  both.     (R.S.  sec.  3995;  Mar. 
4,  1909,  ch.  321,  sec.  201,  35  Stat.  112T.) 

325.  Ferryman  delaying  mail. — Whoever,  being  a  ferryman,  shall 
delay  the  passage  of  the  mail  by  willful  neglect  or  refusal  to  trans- 
port the  same  across  any  ferry,  shall  be  fined  not  more  than  $100. 
(R.S.  sec.  399G;  Mar.  4,  1909,  ch.  321,  sec.  202,  35  Stat.  1127.) 

326.  Letters  carried  in  foreign  vessel  to  be  deposited  in  post 
office;  failure. — All  letters  or  other  mailable  matter  conveyed  to  or 
from  any  part  of  the  United  States  by  any  foreign  vessel,  except  such 
sealed  leiters  relating  to  such  vessel  or  any  part  of  the  cargo  thereof 
as  may  be  directed  to  the  owners  or  consignees  of  the  vessel,  shall 
be  subject  to  postage  charge,  whether  addressed  to  any  person  in  the 
United  States  or  elsewhere,  provided  they  are  conveyed  by  the  packet 
or  other  ship  of  a  foreign  country  imposing  postage  on  letters  or 
other  mailable  matter  conveyed  to  or  from  such  country  by  any 
vessel  of  the  United  States;  and  such  letters  or  other  mailable  matter 
carried  in  foreign  vessels,  except  such  sealed  letters  relating  to  the 
vessel  or  any  part  of  the  cargo  thereof  as  may  be  directed  to  the 
owners  or  consignees,  shall  be  delivered  into  the  United  States  post 
office  by  the  master  or  other  person  having  charge  or  control  of  such 
vessel  when  arriving,  and  be  taken  from  the  United  States  post  office 
when  departing,  and  the  postage  justly  chargeable  by  law  paid 
thereon;  and  for  refusing  or  failing  to  do  so,  or  for  conveying  such 
letters  or  other  mailable  matter,  or  any  letters  or  other  mailable 
matter,  intended  to  be  conveyed  in  any  vessel  of  such  foreign  country, 
over  or  across  the  United  States,  or  any  portion  thereof,  the  party 
offending  shall  be  fined  not  more  than  $1,000.  Except  as  otherwise 
provided  by  treaty  or  convon.-ion  the  Postmaster  General  may  require 
the  transportation  by  any  steamships  of  mail  between  the  United 
States  and  any  foreign  port  at  the  compensation  fixed  under  author- 
ity of  law.  Upon  refusal  by  the  master  or  the  commander  of  such 
steamship  or  vessel  to  accept  the  mail,  when  tendered  by  the  Post- 
master General  or  his  representative,  the  collector  or  other  officer  of 
the  port,  empowered  to  grant  clearance,  on  no. ice  of  the  refusal 
aforesaid,  shall  withhold  clearance  until  the  collector  or  other  officer 
of  the  port  is  informed  by  the  Postmaster  General  or  his  representa- 
tive that  (he  master  or  commander  of  the  steamship  or  vessel  has 
accepted  the  mail  or  that  conveyance  by  his  steamship  or  vessel  is 
no  longer  required  by  the  Postmaster  General.  (R.S.  sec.  401G; 
Mar.  4.  1909,  ch.  321,  sec.  203,  35  Stat.  1127;  Feb.  6,  1929,  ch.  157,  45 
Stat.  1153.) 

327.  Vessels  to  deliver  letters  at  post  office  before  entry;  oath; 
failure. — No  vessel  arriving  within  a  port  or  collection  district  of 
the  United  Sta.es  shall  be  allowed  to  make  entry  or  break  bulk  until 
all  letters  on  board  are  delivered  to  the  nearest  post  office,  and  the 
master  or  other  person  having  charge  or  control  thereof  has  signed 
and  sworn  to  the  following  declaration  before  the  collector  or  other 
pro})er  customs  officer: 

I,  A.  B.,  master ,  of  the ,  arriving  from  ,  and 

now  lying  in  the  port  of ,  do  solemn]}^  swear  (or  affirm)  that 

I  have  to  the  best  of  my  knowledge  and  belief  delivered  to  the  post 

918 


GENERAL  LAWS  [T.  18,  §  330 

office  at every  letter  and  every  ba<^,  packet,  or  parcel  of  letters 

■which  was  on  board  the  said  vessel  diirin*;  her  last  voyaj^e,  or  which 
were  in  ni^^  ])ossessi()n  or  under  my  power  or  control. 

And  any  master  or  other  person  havinfi;  charge  or  control  of  such 
vessel  who  shall  break  bulk  befoie  he  has  delivered  such  letters  shall 
be  fined  not  more  than  $100.  (R.S.  sec.  3988;  Mar.  4,  1909,  ch.  321, 
sec.  204,  35  Stat.  1127.) 

328.  Using  canceled  stamps. — AVhoever  shall  use  or  attempt  to  use 
in  payment  of  postage,  an}'  canceled  postage  stamp,  whether  the 
same  has  been  used  or  not;  or  shall  remove,  attempt  to  remove,  or 
assist  in  removing,  the  canceling  or  defacing  marks  from  any  postage 
stamp,  or  tlie  superscription  from  any  stamped  envelope,  or  postal 
card,  that  has  once  been  used  in  payment  of  postage,  with  the  intent 
to  use  the  same  for  a  like  purpose,  or  to  sell  or  offer  to  sell  the  same, 
or  shall  knowingly  have  in  possession  any  such  postage  stamp, 
stamped  envelope,  or  postal  card,  with  intent  to  use  the  same,  or  shall 
knowingly  sell  or  offer  to  sell  any  such  postage  stamp,  s.amped 
envelope,  or  postal  card,  or  use  or  attempt  to  use  the  same  in  payment 
of  ]50stage;  or  whoever  unlawfully  and  willfully  shall  remove  from 
any  mail  matter  any  stamp  attached  there' o  in  payment  of  postage; 
or  shall  knowingly  use  or  cause  to  be  used  in  payment  of  postage,  any 
postage  stamp,  postal  card,  or  stamped  envelope,  issued  in  pursuance 
of  law,  which  has  already  been  used  for  a  like  purpose;  shall,  if  he 
be  a  person  employed  in  the  Postal  Service,  be  fined  not  more  than 
$500,  or  imprisoned  not  more  than  three  years,  or  both ;  and  if  he  be  a 
person  not  employed  in  the  Postal  Service,  shall  be  fined  not  more 
than  $500,  or  imprisoned  not  more  than  one  year,  or  both.  (R.S. 
sees.  3922-3925;  Mar.  3,  18T9,  ch.  180,  sec.  28,  20  Stat.  362;  Mar.  4, 
1909,  ch.  321,  sec.  205,  35  Stat.  1127.) 

329.  False  returns  to  increase  compensation. — Whoever,  being  a 
postmaster  or  other  person  employed  in  any  branch  of  the  Postal 
Service,  shall  make,  or  assist  in  making,  or  cause  to  be  made,  a  false 
return,  statement,  or  account  to  any  officer  of  the  United  States,  or 
shall  make,  assist  in  making,  or  cause  lo  be  made,  a  false  entry  in 
any  record,  book,  or  account,  required  by  law  or  the  rules  or  regula- 
tions of  the  Post  Office  Department  to  be  kept  in  respect  of  the 
business  or  operations  of  any  post  office  or  other  branch  of  the  Postal 
Service,  for  the  purpose  of  fraudulently  increasing  his  compensation 
or  the  compensation  of  the  postmaster  or  any  employee  in  a  post 
office ;  or  whoever,  being  a  postmaster  or  other  person  employed  in  any 
post  office  or  station  thereof,  shall  induce,  or  attempt  to  induce,  for  the 
purpose  of  increasing  the  emoluments  or  compensation  of  his  office, 
any  person  to  deposit  mail  matter  in,  or  forward  in  any  matter  for 
mailing  at,  the  office  where  such  postmaster  or  other  person  is  em- 
ployed, knowing  such  matter  to  be  properly  mailable  at  another  post 
office,  shall  be  fined  not  more  than  $500,  or  imprisoned  not  more  than 
two  vears,  or  both.  (June  17,  1878,  ch.  259.  sec.  1,  20  Stat  141 ;  Aug. 
4,  1886.  ch.  901,  sec.  3,  24  Stat.  221;  Mar.  4,  1909,  ch.  321,  sec.  206,  35 
S:at.  1128.) 

330.  Collecting  unlawful  postage. — Whoever,  being  a  postmaster 
or  other  person  authorized  to  receive  the  postage  of  mail  matter, 

919 


T.  18,  §  331]  GENERAL  LAWS 

shall  fraudulently  demand  or  receive  any  rate  of  postage  or  gratuity 
or  reward  other  than  is  provided  by  law  for  the  postage  of  such  mail 
matter,  shall  be  fined  not  more  than  $100,  or  imprisoned  not  more 
than  six  months,  or  both.  (R.  S.  sec.  3899 :  Mar.  4,  1909,  ch.  321, 
sec.  207,  35  Stat.  1128.) 

331.  Unlawful  pledging  or  sale  of  stamps;  inducing  purchases  to 
increase  pay. — Whoever,  being  a  postmaster  or  other  person  em- 
ployed in  any  branch  of  the  Postal  Service,  and  being  intrusted 
with  the  sale  or  custody  of  postage  stamps,  stamped  envelopes,  or 
postal  cards,  shall  use  or  dispose  of  them  in  the  payment  of  debts, 
or  in  the  purchase  of  merchandise  or  other  salable  articles,  or  pledge 
or  hypothecate  the  same,  or  sell  or  dispose  of  them  except  for  cash ; 
or  sell  or  dispose  of  postage  stamps  or  postal  cards  for  any  larger 
or  less  sum  than  the  values  indicated  on  their  faces;  or  sell  or  dis- 
pose of  stamped  envelopes  for  a  larger  or  less  sum  than  is  charged 
therefor  by  the  Post  Office  Department  for  like  quantities;  or  sell 
or  dispose  of,  or  cause  to  be  sold  or  disposed  of,  postage  stamps, 
stamped  envelopes,  or  postal  cards  at  any  point  or  place  outside  of 
the  delivery  of  the  office  where  such  postmaster  or  other  person  is 
employed;  or  induce  or  attempt  to  induce,  for  the  purpose  of  in- 
creasing the  emoluments  or  compensation  of  such  postmaster,  or  the 
emoluments  or  compensation  of  any  other  person  emploj^ed  in  such 
post  office  or  any  station  thereof,  or  the  allowances  or  facilities  pro- 
vided therefor,  any  person  to  purchase  at  such  post  office  or  any 
station  thereof,  or  from  any  employee  of  such  post  office,  postage 
stamps,  stamped  envelopes,  or  postal  cards ;  or  sell  or  dispose  of  post- 
age stamps,  stamped  envelopes,  or  postal  cards,  otherwise  than  as 
provided  by  law  or  the  regulations  of  the  Post  Office  Department, 
shall  be  fined  not  more  than  $500,  or  imprisoned  not  more  than  one 
year,  or  both.  (R.  S.  sec.  3920 ;  June  17,  1878,  ch.  259,  sec.  1,  20  Stat. 
141 ;  Mar.  4, 1909,  ch.  321,  sec.  208,  35  Stat.  1128.) 

332.  Failing-  to  account  for  postage  due. — Whoever,  being  a  post- 
master or  other  person  engaged  in  the  Postal  Service,  shall  collect 
and  fail  to  account  for  the  postage  due  upon  any  article  of  mail  mat- 
ter which  he  may  deliver,  without  having  previously  affixed  and  can- 
celed the  special  stamp  provided  by  law,  or  shall  fail  to  affix  such 
stamp,  shall  be  fined  not  more  than  $50.  (Mar.  3,  1879,  ch.  180, 
sec.  27,  20  Stat.  362;  Mar.  4,  1909,  ch.  321,  sec.  209,  35  Stat.  1128.) 

333.  Issuing  unpaid-for  money  orders. — Whoever,  being  a  post- 
master or  other  person  employed  in  any  branch  of  the  Postal  Service, 
shall  issue  a  money  order  without  having  previously  received  the 
monev  therefor,  shall  be  fined  not  more  than  $500.  (R..  S.  sec.  4030; 
Mar.  4,  1909,  ch.  321,  sec.  210,  35  Stat.  1129.) 

334.  Mailing  obscene  matter. — Every  obscene,  lewd,  or  lascivious, 
and  every  filthy,  book,  pamphlet,  picture,  paper,  letter,  writing, 
print,  or  other  publication  of  an  indecent  character,  and  every  article 
or  thing  designed,  adapted,  or  intended  for  preventing  conception 
or  producing  abortion,  or  for  any  indecent  or  immoral  use;  and 
every  article,  instrument,  substance,  drug,  medicine,  or  thing  which 
is  advertised  or  described  in  a  manner  calculated  to  lead  another  to 

!>2() 


GENERAL  LAWS  [T.  IS,  §  335 

use  or  apply  it  for  preventing  conception  or  producing  abortion,  or 
for  any  indecent  or  immoral  purpose;  and  every  written  or  printed 
card,  letter,  circular,  book,  pamphlet,  advertisement,  or  notice  of  any 
kind  giving  information,  directly  or  indirectly,  where,  or  how,  or 
from  whom,  or  by  what  means  any  of  the  hereinbefore-mentioned 
matters,  articles,  or  things  may  be  obtained  or  made,  or  where  or 
by  whom  any  act  or  operation  of  any  kind  for  the  procuring  or  pro- 
ducing of  abortion  will  be  done  or  performed,  or  how  or  by  what 
means  conception  may  be  prevented  or  abortion  produced,  whether 
sealed  or  unsealed;  and  every  letter,  packet,  or  package,  or  other 
mail  matter  containing  any  filthy,  vile,  or  indecent  thing,  device,  or 
substance;  and  every  paper,  writing,  advertisement,  or  representa- 
tion that  any  article,  instrument,  substance,  drug,  medicine,  or 
thing  may,  or  can,  be  used  or  applied  for  preventing  conception  or 
producing  abortion,  or  for  any  indecent  or  immoral  purpose;  and 
every  description  calculated  to  induce  or  incite  a  person  to  so  use  or 
apply  any  such  article,  instrument,  substance,  drug,  medicine,  or 
thing,  is  hereby  declared  to  be  nonmailable  matter  and  shall  not  be 
conveyed  in  the  mails  or  delivered  from  any  post  office  or  by  any 
letter  carrier.  Whoever  shall  knowingly  deposit,  or  cause  to  be  de- 
posited, for  mailing  or  delivery,  anything  declared  by  this  section  to 
be  nonmailable,  or  shall  knowingly  take,  or  cause  the  same  to  be 
taken,  from  the  mails  for  the  purpose  of  circulating  or  disposing 
thereof,  or  of  aiding  in  the  circulation  or  disposition  thereof,  shall 
be  fined  not  more  than  $5,000,  or  imprisoned  not  more  than  five 
years,  or  both.  The  term  "  indecent "  within  the  intendment  of  this 
section  shall  include  matter  of  a  character  tending  to  incite  arson, 
murder,  or  assassination.  (R.  S.  sec.  3893;  July  12,  1876,  ch.  186, 
sec.  1,  19  Stat.  90;  Sept.  26,  1888,  ch.  1039,  sec.  2,  25  Stat.  496;  May 
27,  1908.  ch.  206.  35  Stat.  416;  Mar.  4,  1909,  ch.  321,  sec.  211,  35  Stat. 
1129;  Mar.  4,  1911,  ch.  241,  sec.  2,  36  Stat.  1339.) 

335.  Mailing  libelous  and  indecent  matter  on  wrappers  or  en- 
velopes.— All  matter  otherwise  mailable  by  law,  upon  the  envelope  or 
outside  cover  or  wrapper  of  which,  or  any  postal  card  upon  which, 
any  delineations,  epithets,  terms,  or  language  of  an  indecent,  lewd, 
lascivious,  obsceno,  libelous,  scurrilous,  defamatory,  or  threatening 
character,  or  calculated  by  the  terms  or  manner  or  style  of  display 
and  obviously  intended  to  reflect  injuriousl}'  upon  the  character  or 
conduct  of  another,  may  be  written  or  printed  or  otherwise  im- 
pressed or  apparent,  are  hereby  declared  nonmailable  matter,  and 
shall  not  be  conveyed  in  the  mails  nor  delivered  from  any  post  office 
nor  by  any  letter  carrier,  and  shall  be  withdrawn  from  the  mails 
under  such  regulations  as  the  Postmaster  General  shall  prescribe. 
"Wlioever  shall  knowingly  deposit  or  cause  to  be  deposited,  for  mailing 
or  delivery,  anything  declared  by  this  section  to  be  nonmailable 
matter,  or  shall  knowingly  take  the  same  or  cause  the  same  to  be 
taken  from  the  mails  for  the  purpose  of  circulating  or  disposing 
of  or  aiding  in  the  circulation  or  disposition  of  the  same,  shall  be 
fined  not  more  than  $5,000,  or  imprisoned  not  more  than  five  years, 
or  both.  (June  18,  1888,  ch.  394,  sec.  2,  25  Stat.  187;  Sept.  26,  1888, 
ch.  1039,  sec.  1,  25  Stat.  496 ;  Mar.  4,  1909,  ch.  321,  sec.  212,  35  Stat. 
1129.) 

93083—34 59  921 


T.  18,  §  336]  GENERAL  LAWS 

336.  Lottery,  or  gift  enterprise  circulars  not  mailable;  place  of 
trial. — No  letter,  package,  postal  card,  or  circular  concerning  any 
lottery,  gift  enterprise,  or  similar  scheme  offering  prizes  dependent 
in  whole  or  in  part  upon  lot  or  chance ;  and  no  lottery  ticket  or  part 
thereof,  or  paper,  certificate,  or  instrument  purporting  to  be  or  to 
represent  a  ticket,  chance,  share,  or  interest  in  or  dependent  upon 
the  event  of  a  lottery,  gift  enterprise,  or  similar  scheme  offering 
prizes  dependent  in  whole  or  in  part  upon  lot  or  chance;  and  no 
check,  draft,  bill,  money,  postal  note,  or  money  order,  for  the  pur- 
chase of  any  ticket  or  part  thereof,  or  of  any  share  or  chance  in  any 
such  lottery,  gift  enterprise,  or  scheme;  and  no  newspaper,  circular, 
pamphlet,  or  publication  of  any  kind  containing  any  advertisement 
of  any  lottery,  gift  enterprise,  or  scheme  of  any  kind  offering  prizes 
dependent  in  whole  or  in  part  upon  lot  or  chance,  or  containing  any 
list  of  the  prizes  drawn  or  awarded  by  means  of  any  such  lottery, 
gift  enterprise,  or  scheme,  whether  said  list  contains  any  part  or 
all  of  such  prizes,  shall  be  deposited  in  or  carried  by  the  mails  of  the 
United  States,  or  be  delivered  by  any  postmaster  or  letter  carrier. 
Whoever  shall  knowingly  deposit  or  cause  to  be  deposited,  or  shall 
knowingly  send  or  cause  to  be  sent,  anything  to  be  conveyed  or  de- 
livered by  mail  in  violation  of  the  provisions  of  this  section,  or  shall 
knowingly  deliver  or  cause  to  be  delivered  by  mail  an3^thing  herein 
forbidden  to  be  carried  by  mail,  shall  be  fined  not  more  than  $1,000, 
or  imprisoned  not  more  than  two  years,  or  both ;  and  for  any  subse- 
quent offense  shall  be  imprisoned  not  more  than  five  years.  Any  per- 
son violating  any  provision  of  this  section  may  be  tried  and  punished 
either  in  the  district  in  which  the  unlawful  matter  or  publication  was 
mailed,  or  to  which  it  was  carried  by  mail  for  delivery  according  to 
the  direction  thereon,  or  in  which  it  was  caused  to  be  delivered  by 
mail  to  the  person  to  whom  it  was  addressed.  (R.S.  sec.  3894;  July 
12,  1876,  ch.  186,  sec.  2,  19  Stat.  90;  Sept.  19,  1890,  ch.  908,  sec.  1,  26 
Stat.  465 ;  Mar.  2, 1895,  ch.  191,  28  Stat.  963 ;  Mar.  4, 1909,  ch.  321,  sec. 

213,  35  Stat.  1129.) 

Ckoss-Refekence 

For  provisions  relating  generally  to  the  suppression  of  lotteries,  see  Canal 
Zone  Code,  title  5,  sections  471  to  477. 

337.  Official  acting  as  lottery  agent. — Whoever,  being  a  post- 
master or  other  person  employed  in  the  Postal  Service,  shall  act 
as  agent  for  any  lottery  office,  or  under  color  of  purchase  or  other- 
wise, vend  lottery  tickets,  or  shall  knowingly  send  by  mail  or  de- 
liver any  letter,  paclaige,  postal  card,  circular,  or  pamphlet  adver- 
tising any  lotter}^,  gift  enterprise,  or  similar  scheme,  offering  prizes 
dependent  in  whole  or  in  part  upon  lot  or  chance,  or  any  ticket,  cer- 
tificate, or  instrument  representing  any  chance,  share,  or  interest  in 
or  dependent  upon  the  event  of  any  lottery,  gift  enterprise,  or  similar 
scheme  offering  prizes  dependent  in  whole  or  in  part  upon  lot  or 
chance,  or  any  list  of  the  prizes  awarded  by  means  of  any  such 
scheme,  shall  be  fined  not  more  than  $100,  or  imprisoned  not  more 
than  one  year,  or  both.     (R.S.  sec.  3851;  Mar.  4,  1909,  ch.  321,  sec. 

214,  35  Stat.  1130.) 

822 


GENERAL  LAWH  [T.  18,  §  338a 

338.  Using  mails  to  promote  frauds;  counterfeit  money. — Who- 
ever, having  devised  or  intending  to  devise  any  scheme  or  artifice  to 
defraud,  or  for  obtaining  money  or  property  by  means  of  false  or 
fraudulent  pretenses,  representations,  or  promises,  or  to-  sell,  dispose 
of,  loan,  exchange,  alter,  give  away,  distribute,  supply,  or  furnish 
or  procure  for  unlawful  use  any  counterfeit  or  spurious  coin,  bank 
note,  paper  money,  or  any  obligation  or  security  of  the  United  States, 
or  of  any  State,  Territory,  municipality,  company,  corporation,  or 
person,  or  anything  represented  to  be  or  intimated  or  held  out  to  be 
such  counterfeit  or  spurious  article,  or  any  scheme  or  artifice  to  ob- 
tain money  by  or  through  correspondence,  by  what  is  commonly 
called  the  "  sawdust  swindle,"  or  ''  counterfeit-money  fraud,"  or  by 
dealing  or  pretending  to  deal  in  what  is  commonly  called  "  green 
articles,"  "  green  coin,"  "  green  goods,"  "  bills,"  "  paper  goods,"  "  spu- 
rious Treasury  notes,"  "  United  States  goods,"  "  green  cigars,"  or  any 
other  names  or  terms  intended  to  be  understood  as  relating  to  such 
counterfeit  or  spurious  articles,  shall,  for  the  purpose  of  executing 
such  scheme  or  artifice  or  attempting  so  to  do,  place,  or  cause  to  be 
placed,  any  letter,  postal  card,  package,  writing,  circular,  pamphlet, 
or  advertisement,  whether  addressed  to  any  person  residing  within  or 
outside  the  United  States,  in  any  post  office,  or  station  thereof,  or 
street  or  other  letter  box  of  the  United  States,  or  authorized  deposi- 
tory for  mail  matter,  to  be  sent  or  delivered  by  the  post  office  estab- 
lishment of  the  United  States,  or  shall  take  or  receive  any  such  there- 
from, whether  mailed  within  or  without  the  United  States,  or  shall 
knowingly  cause  to  be  delivered  by  mail  according  to  the  direction 
thereon,  or  at  the  place  at  which  it  is  directed  to  be  delivered  by  the 
person  to  whom  it  is  addressed,  any  such  letter,  postal  card,  package, 
writing,  circular,  pamphlet,  or  advertisement,  shall  be  fined  not  more 
than  $1,000,  or  imprisoned  not  more  than  five  years,  or  both.  (R.S. 
sec.  5480;  Mar.  2,  1889,  ch.  393,  sec.  1,  25  Stat.  873;  Mar.  4,  1909;  ch. 
321,  sec.  215,  35  Stat.  1130.) 

Ceos  s-Refeeencb 

Use  of  mails  in  connection  with  purchase  and  sale  of  securities,  see  title  15, 
sections  77a  to  77aa. 

338a.  Mailing  threatening  communications. — Whoever,  with  in- 
tent to  extort  from  any  person  any  money  or  other  thing  of  value, 
shall  knowingly  deposit  or  cause  to  be  deposited  in  any  post  office 
or  station  thereof,  or  in  any  authorized  depository  for  mail  matter, 
to  be  sent  or  delivered  by  the  post-office  establishment  of  the  United 
States,  any  written  or  printed  letter  or  other  communication  with  or 
without  a  name  or  designating  mark  subscribed  thereto,  addressed 
to  any  other  person,  and  containing  any  threat  (1)  to  injure  the 
person,  property,  or  reputation  of  the  addressee  or  of  another  or 
the  reputation  of  a  deceased  person,  or  (2)  to  kidnap  any  person,  or 
(3)  to  accuse  the  addressee  or  any  other  person  of  a  crime,  or  con- 
taining any  demand  or  request  for  ransom  or  reward  for  the  release 
of  any  kidnaped  person,  shall  be  fined  not  more  than  $5,000  or  im- 


923 


T.  18,  §  338b]  GENERAL  LAWS 

prisoned  not  more  than  twenty  years,  or  both.  (July  8, 1932,  ch.  464, 
sec.  1,  47  Stat.  649.) 

Ceoss-Refeeence 

Sending  threatening  letters  with  intent  to  extort  money,  see,  also.  Canal 
Zone  Code,  title  5,  section  686. 

338b.  Same;  mailing  in  foreign  country  for  delivery  in  United 

States. — Whoever,  with  intent  to  extort  from  any  person  any  money 
or  other  thing  of  vahie,  shall  knowingly  deposit  or  cause  to  be  de- 
posited in  any  post  office  or  station  thereof,  or  in  any  authorized 
depository  for  mail  matter  of  any  foreign  country  any  written  or 
printed  letter  or  other  communication  of  the  character  described  in 
section  338a  of  this  title,  addressed  to  any  person  within  the  United 
States,  for  the  purpose  of  having  such  communication  delivered  by 
the  post-office  establishment  of  such  foreign  country  to  the  post-office 
establishment  of  the  United  States  and  by  it  delivered  to  such  ad- 
dressee in  the  United  States,  and  as  a  result  thereof  such  communica- 
tion is  delivered  by  the  post-office  establishment  of  such  foreign 
country  to  the  post-office  establishment  of  the  United  States  and  by 
it  delivered  to  the  address  to  which  it  is  directed  in  the  United 
States,  then  such  person  shall  be  punished  in  the  same  manner  and 
to  the  same  extent  as  provided  in  section  338a  of  this  title :  Provided, 
That  any  person  violating  this  section  ma}^  be  prosecuted  either  in 
the  district  into  which  such  letter  or  other  communication  was  car- 
ried by  the  United  States  mail  for  delivery  according  to  the  direction 
thereon,  or  in  which  it  was  caused  to  be  delivered  by  the  United 
States  mail  to  the  person  to  whom  it  was  addressed.  (Julj^  8.  1932, 
ch.  464,  sec.  2,  47  Stat.  649.) 

339.  Using  fraudulent  fictitious  address. — Whoever,  for  the  pur- 
pose of  conducting,  promoting,  or  carrying  on,  in  any  manner,  by 
means  of  the  post  office  establishment  of  the  United  States,  any 
scheme  or  device  mentioned  in  the  section  last  preceding  or  any  other 
unlawful  business  whatsoever,  shall  use  or  assume,  or  request  to  be 
addressed  by,  any  fictitious,  false,  or  assumed  title,  name,  or  address, 
or  name  other  than  his  own  proper  name,  or  shall  take  or  receive  from 
any  post  office  of  the  United  States,  or  station  thereof,  or  anj^  other 
authorized  depository  of  mail  matter,  any  letter,  postal  card,  pack- 
age, or  other  mail  matter  addressed  to  any  such  fictitious,  false,  or 
assumed  title,  name,  or  address,  or  name  other  than  his  own  proper 
name,  shall  be  punished  as  provided  in  section  338  of  this  title.  (Mar. 
2,  1889,  ch.  393,  sec.  2,  25  Stat.  873;  j\Iar.  4,  1909,  ch.  321,  sec.  216,  35 
Stat.  1131.) 

340.  Poisons  or  explosives  not  mailable;  packing  permitted;  in- 
toxicating liquors;  mailing;  injurious  intent. — All  kinds  of  poison, 
and  all  articles  and  compositions  containing  poison,  and  all  poisonous 
animals,  insects,  and  reptiles,  and  explosives  of  all  kinds,  and  inflam- 
mable materials,  and  infernal  machines,  and  mechanical,  chemical,  or 
other  devices  or  compositions  which  may  ignite  or  explode,  and  all 
disease  germs  or  scabs,  and  all  other  natural  or  artificial  articles, 
compositions,  or  material,  of  whatever  kind,  which  may  kill  or  in 


924 


GENERAL  LAWS  [T.  18,  §  341 

anywise  hurt,  harm,  or  injure  another,  or  damage,  deface,  or  other- 
wise injure  the  mails  or  other  property,  whether  sealed  as  first-class 
matter  or  not,  are  hereby  declared  to  be  nonmailable  matter  and  shall 
not  be  conveyed  in  the  mails  or  delivered  from  any  post  office  or  sta- 
tion thereof,  nor  by  any  letter  carrier;  but  the  Postmaster  General 
may  permit  the  transmission  in  the  mails,  under  such  rules  and  regu- 
lations as  he  shall  prescribe  as  to  prepartion  and  packing,  of  any 
articles  hereinbefore  described  which  are  not  outwardly  or  of  their 
own  force  dangerous  or  injurious  to  life,  health,  or  property:  Pro- 
vided, That  the  transmission  in  the  mails  of  poisonous  drugs  and 
medicines  may  be  limited  by  the  Postmaster  General  to  shipments  of 
such  articles  from  the  manufacturer  thereof  or  dealer  therein  to 
licensed  physicians,  surgeons,  dentists,  phai'macists,  druggists,  and 
veterinarians,  under  such  rules  and  regulations  as  he  shall  prescribe : 
Provided  further,  That  all  spirituous,  vinous,  malted,  fermented,  or 
other  intoxicating  liquors  of  any  kind  are  hereby  declared  to  be  non- 
mailable and  shall  not  be  deposited  in  or  carried  through  the  mails. 
Whoever  shall  knowingly  deposit  or  cause  to  be  deposited  for  mailing 
or  delivery,  or  shall  knowingly  cause  to  be  delivered  by  mail,  accord- 
ing to  the  direction  thereon,  or  at  anj^  place  at  which  it  is  directed  to 
be  delivered  by  the  person  to  whom  it  is  addressed,  anything  de- 
clared by  this  section  to  be  nonmailable,  unless  in  accordance  with  the 
rules  and  regulations  hereby  authorized  to  be  prescribed  by  the  Post- 
master General,  shall  be  fined  not  more  than  $1,000  or  imprisoned  not 
more  than  two  years,  or  both ;  and  whoever  shall  knowingly  deposit 
or  cause  to  be  deposited  for  mailing  or  delivery,  or  shall  knowingly 
cause  to  be  delivered  by  mail,  according  to  the  direction  thereon  or  at 
any  place  to  wdiich  it  is  directed  to  be  delivered  by  the  person  to 
whom  it  is  addressed,  anything  declared  by  this  section  to  be  non- 
mailable, whether  transmitted  in  accordance  with  the  rules  and  regu- 
lations authorized  to  be  prescribed  by  the  Postmaster  General  or  not, 
with  the  design,  intent,  or  purpose  to  kill  or  in  anywise  hurt,  harm,  or 
injure  another,  or  damage,  deface,  or  otherwise  injure  the  mails  or 
other  property,  shall  be  fined  not  more  than  $10,000  or  imprisoned 
not  more  than  twenty  years,  or  both.  (Mar.  4,  1909,  ch.  321,  sec.  217, 
35  Stat.  1131;  May  25,  1920,  ch.  196,  41  Stat.  620;  Jan.  11,  1929,  ch. 
53,  45  Stat.  1072.) 

341.  Use  of  mails  for  advertisements  of  intoxicating  liquors  in 
prohibition  States. — No  letter,  postal  card,  circular,  newspaper, 
pamphlet,  or  publication  of  any  kind  containing  any  advertisement 
of  spirituous,  vinous,  malted,  fermented,  or  other  intoxicating  liquors 
of  any  kind,  or  containing  a  solicitation  of  an  order  or  orders  for  said 
liquors,  or  any  of  them,  shall  be  deposited  in  or  carried  by  the  mails 
of  the  United  States,  or  be  delivered  by  any  postmaster  or  letter  car- 
rier, when  addressed  or  directed  to  any  person,  firm,  corporation,  or 
association,  or  other  addressee,  at  any  place  or  point  in  any  State  or 
Territory  of  the  United  States,  or  the  District  of  Columbia,  at  which 
it  is  by  the  law  in  force  in  the  State  or  Territory  or  the  District  of  Co- 
lumbia at  that  time  unlawful  to  advertise  or  solicit  orders  for  such 
liquors,  or  any  of  them,  respectively.  If  the  publisher  of  any  news- 
paper or  other  publication  or  the  agent  of  such  publisher,  or  if  any 

925 


T.  18,  §  342]  GENERAL  LAWS 

dealer  in  such  liquors  or  his  agent,  shall  knowingly  deposit  or  cause 
to  be  deposited,  or  shall  knowingly  send  or  cause  to  be  sent,  anything 
to  be  conveyed  or  delivered  by  mail  in  violation  of  the  provisions  of 
this  section,  or  shall  knowingly  deliver  or  cause  to  be  delivered  by 
mail  anything  herein  forbidden  to  be  carried  by  mail  shall  be  fined 
not  more  than  $1,000  or  imprisoned  not  more  than  six  months,  or 
both;  and  for  any  subsequent  offense  shall  be  imprisoned  not  more 
than  one  year.  Any  person  violating  any  provision  of  this  section 
may  be  tried  and  punished,  either  in  the  district  in  which  the  unlaw- 
ful matter  or  publication  was  mailed  or  to  which  it  was  carried  by 
mail  for  delivery,  according  to  direction  thereon,  or  in  which  it  was 
caused  to  be  delivered  by  mail  to  the  person  to  whom  it  was  ad- 
dressed. The  Postmaster  General  is  hereby  authorized  and  directed 
to  make  public  from  time  to  time  in  suitable  bulletins  or  public  no- 
tices the  names  of  States  in  which  it  is  unlawful  to  advertise  or  so- 
licit orders  for  such  liquors :  Provided,  however.  That  nothing  in  this 
section  shall  apply  to  newspapers  published  in  foreign  countries 
when  mailed  to  this  country.  (Mar.  3,  1917,  ch.  162,  sec.  5,  39  Stat. 
1069;  Mar.  4,  1917,  ch.  192,  39  Stat.  1202;  Feb.  24,  1919,  ch.  18,  sec. 
1407,  40  Stat.  1151 ;  Oct.  28,  1919,  ch.  85,  Title  II,  sec.  17,  41  Stat. 
313.) 

342.  Same;  ethyl  alcohol  for  governmental  purposes;  wine  for 
sacramental  purposes. — Section  341  of  this  title  shall  not  be  con- 
strued to  apply  to  ethyl  alcohol  for  governmental,  scientific, 
medicinal,  mechanical,  manufacturing,  and  industrial  purposes,  and 
the  Postmaster  General  shall  prescribe  suitable  rules  and  regulations 
to  carry  into  effect  this  section  and  section  341,  nor  shall  said  sections 
be  held  to  prohibit  the  use  of  the  mails  by  regularly  ordained 
ministers  of  religion,  or  by  officers  of  regularly  established  churches, 
for  ordering  wines  for  sacramental  uses,  or  by  manufacturers  and 
dealers  for  quoting  and  billing  such  wines  for  such  purposes  only. 
(Oct.  3,  1917,  ch.  63,  sec.  1110,  40  Stat.  329.) 

343.  Certain  letters  or  writings  nonmailable;  opening  letters. — 

Every  letter,  writing,  circular,  postal  card,  picture,  print,  engraving, 
photograph,  newspaper,  pamphlet,  book,  or  other  publication,  matter 
or  thing,  of  any  kind,  in  violation  of  any  of  the  provisions  of 
sections  25,  27,  31  to  38,  inclusive,  98,  130  to  132,  inclusive,  288, 
381,  502,  611  to  633,  inclusive,  of  this  title,  sections  213,  220  to  222, 
inclusive,  231  to  235,  inclusive,  and  238  to  245,  inclusive,  of  Title  22, 
and  sections  31  to  42  and  191  to  194  of  Title  50  is  hereby  declared 
to  be  nonmailable  matter  and  shall  not  be  conveyed  in  the  mails  or 
delivered  from  any  post  office  or  by  any  letter  carrier;  but  no 
person  other  than  an  employee  of  the  Dead  Letter  Office,  duly 
authorized  thereto,  or  other  person  upon  a  search  warrant  authorized 
by  law,  shall  be  authorized  to  open  any  letter  not  addressed  to 
himself.     (June  15,  1917,  ch.  30,  Title  XII,  sec.  1,  40  Stat.  230.) 

Cross-Rkfeeence 

Jurisdiction  of  district  court  and  duties  of  district  attorney  in  tlie  Cannl 
Zone  in  respect  to  offenses  under  sections  343  to  345  of  this  title,  see  section 
574  of  this  title. 

826 


GENERAL  LAWS  [T.  18,  §  347 

344.  Letters  or  writings  advocating  treason  declared  nonmail- 
able.—Every  letter,  writings,  circular,  postal  card,  picture,  print,  en- 
o;raving,  photograph,  newspaper,  pamphlet,  book,  or  other  publica- 
tion, matter  or  thing,  of  any  kind,  containing  any  matter  advocating 
or  urging  treason,  insurrection,  or  forcible  resistance  to  any  law  of 
the  United  States,  is  hereby  declared  to  be  nonmailable.  (June  15, 
1917,  ch.  30,  title  XII,  sec.  2,  40  Stat.  230.) 

345.  Using  or  attempting  to  use  mails  for  transmission  of  mat- 
ter declared  nonmailable  by  title ;  jurisdiction  of  offense. — Whoever 
shall  use  or  attempt  to  use  the  mails  or  Postal  Service  of  the  United 
States  for  the  transmission  of  any  matter  declared  by  sections  343 
and  344  of  this  title  to  be  nonmailable,  shall  be  fined  not  more  than 
$5,000  or  imprisoned  not  more  than  five  years,  or  both.  Any  person 
violating  any  provision  of  said  sections  may  be  tried  and  punished 
either  in  the  district  in  which  the  unlawful  matter  or  publication  was 
mailed,  or  to  which  it  was  carried  by  mail  for  delivery  according  to 
the  direction  thereon,  or  in  which  it  was  caused  to  be  delivered  by 
mail  to  the  person  to  whom  it  was  addressed.  (June  15,  1917. 
ch.  30,  title  XII,  sec.  3,  40  Stat.  230.) 

346.  United  States  defined. — The  term  "United  States",  as  used 
in  sections  343  to  345  of  this  title,  includes  the  Canal  Zone,  and  all 
territory  and  waters,  continental  or  insular,  subject  to  the  juris- 
diction of  the  United  States.  (June  15,  1917,  ch.  30,  title  XIII,  sec. 
1,  40  Stat.  231.) 

347.  Counterfeiting  money  orders. — Wlioever,  with  intent  to  de- 
fraud, shall  falsely  make,  forge,  counterfeit,  engrave,  or  print,  or 
cause  or  procure  to  be  falsely  made,  forged,  counterfeited,  engraved, 
or  printed,  or  shall  willingly  aid  or  assist  in  falsely  making,  forging, 
counterfeiting,  engraving,  or  printing,  any  order  in  imitation  of  or 
purporting  to  be  a  money  order  issued  by  the  Post  Office  Depart- 
ment, or  by  any  postmaster  or  agent  thereof ;  or  whoever  shall  forge 
or  counterfeit  the  signature  of  any  postmaster,  assistant  postmaster, 
chief  clerk,  or  clerk,  upon  or  to  any  money  order,  or  postal  note,  or 
blank  therefor  provided  or  issued  by  or  under  the  direction  of  the 
Post  Office  Department,  of  the  United  States,  or  of  any  foreign 
country,  and  payable  in  the  United  States,  or  any  material  signature 
or  indorsement  thereon,  or  any  material  signature  to  any  receipt  or 
certificate  of  identification  thereon;  or  shall  falsely  alter,  or  cause 
or  procure  to  be  falsely  altered  in  any  material  respect,  or  know- 
ingly aid  or  assist  in  falsely  so  altering  any  such  money  order  or 
postal  note;  or  shall,  with  intent  to  defraud,  pass,  utter,  or  publish 
any  such  forged  or  altered  money  order  or  postal  note,  knowing  any 
material  signature  or  indorsement  thereon  to  be  false,  forged,  or 
counterfeited,  or  any  material  alteration  therein  to  have  been  falsely 
made ;  or  shall  issue  any  money  order  or  postal  note  without  having 
previously  received  or  paid  the  full  amount  of  money  payable  there- 
for, with  the  purpose  of  fraudulently  obtaining  or  receiving,  or 
fraudulently  enabling  any  other  person,  either  directly  or  indirectly, 
to  obtain  or  receive  from  the  United  States,  or  any  officer,  employee, 
or  agent  thereof,  any  sum  of  money  whatever ;  or  shall,  with  intent 
to  defraud  the  United  States,  or  any  person,  transmit  or  present  to, 

927 


T.  18,  §  348]  GENERAL  LAWS 

or  cause  or  procure  to  be  transmitted  or  presented  to,  any  officer 
or  emploj^ee,  or  at  any  office  of  the  Government  of  the  United  States, 
any  mone}'  order  or  postal  note,  knowing  the  same  to  contain  any 
forged  or  counterfeited  signature  to  the  same,  or  to  any  material 
indorsement,  receipt,  or  certificate  thereon,  or  material  alteration 
therein  unlawfully  made,  or  to  have  been  unlawfully  issued  without 
previous  payment  of  the  amount  required  to  be  paid  upon  such 
issue,  shall  be  fined  not  more  than  $5,000,  or  imprisoned  not  more 
than  five  j^ears,  or  both.  (U.S.  sec.  5463;  Jan.  3,  1887,  ch.  13,  sec.  2, 
24  Stat.  355;  June  18,  1888,  ch.  394,  sec.  2,  25  Stat.  187;  Mar.  4, 
1909,  ch.  321,  sec.  218,  35  Stat.  1131.) 

348.  Counterfeiting  postage  stamps. — Whoever  shall  forge  or 
counterfeit  any  postage  stamp,  or  any  stamp  printed  upon  any 
stamped  envelope,  or  postal  card,  or  any  die,  plate,  or  engraving 
therefor;  or  shall  make  or  print,  or  knowingly  use  or  sell,  or  have  in 
possession  with  intent  to  use  or  sell,  any  such  forged  or  counterfeited 
postage  stamp,  stamped  envelope,  postal  card,  die,  plate,  or  engrav- 
ing; or  shall  make,  or  knowingly  use  or  sell,  or  have  in  possession 
with  intent  to  use  or  sell,  any  paper  bearing  the  watermark  of  any 
stamped  envelope,  or  postal  card,  or  any  fraudulent  imitation  thereof ; 
or  shall  make  or  print,  or  authorize  or  procure  to  be  made  or  printed, 
any  postage  stamp,  stamped  envelope,  or  postal  card,  of  the  kind 
authorized  and  provided  by  the  Post  Office  Department,  without  the 
special  authority  and  direction  of  said  department;  or  shall,  after 
such  postage  stamp,  stamped  envelope,  or  postal  card  has  been 
printed,  with  intent  to  defraud,  deliver  the  same  to  any  person  not 
authorized  by  an  instrument  in  writing,  duly  executed  under  the 
hand  of  the  Postmaster  General  and  the  seal  of  the  Post  Office 
Department,  to  receive  it,  shall  be  fined  not  more  than  $500,  or  im- 
prisoned not  more  than  five  years,  or  both.  (R.S.  seo.  5464;  Mar.  4, 
1909,  ch.  321,  sec.  219,  35  Stat.  1132.) 

349.  Counterfeiting  foreign  stamps. — Whoever  shall  forge,  or 
counterfeit,  or  knowingly  utter  or  use  any  forged  or  counterfeit 
postage  stamp  or  revenue  stamp  of  any  foreign  government  shall  be 
fined  not  more  than  $500,  or  imprisoned  not  more  than  five  years, 
or  both:  Provided,  /loicever,  That  nothing  in  this  section  shall  be 
held  to  repeal  or  mod  fy  section  350  of  this  title. 

The  words  "  foreign  government  ",  as  used  in  this  section  shall  be 
deemed  to  include  any  government,  faction,  or  body  of  insurgents 
within  a  country  with  which  the  United  States  is  at  peace,  which 
government,  faction,  or  body  of  insurgents  may  or  may  not  have  been 
recognized  by  the  United  States  as  a  government.  (U.S.  sec.  5465; 
Mar.  4,  1909,  ch.  321,  sec.  220,  35  Stat.  1132;  June  15,  1917,  ch.  30, 
title  VIII,  sec.  4,  40  Stat.  226;  Mtiy  26,  1926,  ch.  396,  44  Stat.  653.) 

350.  Printing  and  publishing  of  illustrations  in  black  and  white 
of  foreign  postage  or  revenue  stamps  from  defaced  plates  and 
illustrations  in  black  and  white  of  portions  of  United  States  stamps 
allowed.— Nothing  in  sections  275,  286,  and  349  of  this  title,  shall  be 
construed  to  forbid  or  j)i-event  the  printing  or  })ublishing  of  illustra- 
tions in  bhick  and  white  of  foreign  postage  or  revenue  stamps  from 
plates  so  defaced  as  to  indicate  that  the  illustrations  are  not  adapted 

928 


GENERAL  LAWS  [T.  18,  §  354 

or  intended  for  use  as  stamps,  or  to  prevent  or  forbid  the  making 
of  necessary  jjlates  therefor  for  use  in  philatelic  or  historical  articles, 
books,  journals,  or  albums,  or  the  circulars  of  legitimate  publishers 
or  dealers  in  such  stamps,  books,  journals,  or  albums.  Nothing  in 
said  sections  shall  be  construed  to  forbid  or  prevent  similar  illustra- 
tions, in  black  and  white  only,  in  philatelic  or  historical  articles, 
books,  journals,  albums,  or  the  circulars  of  legitimate  publishers 
or  dealers  in  such  stamps,  books,  journals,  albums,  or  circulars,  of 
such  portion  of  the  border  of  a  stamp  of  the  United  States  as  may  be 
necessary  to  show  minor  differences  in  the  stamp  so  illustrated,  but 
all  such  illustrations  shall  be  at  least  four  times  as  large  as  the 
portion  of  the  original  United  States  stamp  so  illustrated.  (Mar.  3, 
1923,  ch.  218,  42  Stat.  1437.) 

351.  Inclosing-  higher  in  lower  class  matter. — Matter  of  the 
second,  third,  or  fourth  class  containing  any  writing  or  printing  in 
addition  to  the  original  matter,  other  than  as  authorized  by  law, 
shall  not  be  admitted  to  the  mails,  nor  delivered,  except  upon  pay- 
ment of  postage  for  matter  of  the  first  class,  deducting  therefrom 
any  amount  which  may  have  been  prepaid  by  stamps  affixed,  unless 
by  direction  of  the  Postmaster  General  such  postage  shall  be  remitted. 
Whoever  shall  knowingly  conceal  or  inclose  any  matter  of  a  higher 
class  in  that  of  a  lower  class,  and  deposit  or  cause  the  same  to  be 
deposited  for  conveyance  by  mail,  at  a  less  rate  than  would  be  charged 
for  such  higher  class  matter,  shall  be  fined  not  more  than  $100. 
(R.S.  sec.  3887;  Jan.  20,  1888,  ch.  2,  sec.  2,  25  Stat.  2;  Mar.  4,  1909, 
ch.  321,  sec.  221,  35  Stat.  1132.) 

352.  Illegally  approving  bond. — Whoever,  being  a  postmaster,  shall 
affix  his  signature  to  the  approval  of  any  bond  of  a  bidder,  or  to  the 
certificate  of  sufficiency  of  sureties  in  any  contract,  before  the  said 
bond  or  contract  is  signed  by  the  bidder  or  contractor  and  his  sure- 
ties, or  shall  knowingly,  or  without  the  exercise  of  due  diligence, 
approve  any  bond  of  a  bidder  with  insufficient  sureties,  or  shall  know- 
ingly make  any  false  or  fraudulent  certificate,  shall  be  forthwith 
dismissed  from  office  and  be  thereafter  disqualified  from  holding 
the  office  of  postmaster ;  and  shall  also  be  fined  not  more  than  $5,000, 
or  imprisoned  not  more  than  one  year,  or  both.  (R.S.  sec.  3947; 
June  23,  1874,  ch.  456,  sec.  12,  18  Stat.  235;  Mar.  4,  1909,  ch.  321, 
sec.  222,  35  Stat.  1133.) 

353.  Sobmitting  false  evidence  as  to  second-class  matter. — Who- 
ever shall  knovN^ngly  submit  or  cause  to  be  submitted  to  any  post- 
master or  to  the  Post  Office  Department  or  any  officer  of  the  Postal 
Service,  any  false  evidence  relative  to  any  publication  for  the  purpose 
of  securing  the  admission  thereof  at  the  second-class  rate,  for  trans- 
portation in  the  mails,  shall  be  fined  not  more  than  $500.  (Mar.  3, 
1879,  ch.  180,  sec.  13,  20  Stat.  359 ;  June  18,  1888,  ch.  394,  sec.  1,  25 
Stat.  187;  Mar.  2,  1905,  ch.  1304,  33  Stat.  823;  Mar.  4,  1909,  ch.  321, 
sec.  223,  35  Stat.  1133.) 

354.  Inducing  or  prosecuting  false  claims  for  losses. — Whoever 
shall  make,  allege,  or  present,  or  cause  to  be  made,  alleged,  or  pre- 
sented, or  assist,  aid,  or  abet  in  making,  alleging,  or  presenting,  any 
claim  or  application  for  indemnity  for  the  loss  of  any  registered 

929 


T.  18,  §  355]  GENERAL  LAWS 

letter,  parcel,  package,  or  other  article  or  matter,  or  the  contents 
thereof,  knowing  such  claim  or  application  to  be  false,  fictitious,  or 
fraudulent;  or  whoever  for  the  purpose  of  obtaining  or  aiding  to 
obtain  the  payment  or  approval  of  any  such  claim  or  application, 
shall  make  or  use,  or  cause  to  be  made  or  used,  any  false  statement, 
certificate,  affidavit,  or  deposition;  or  whoever  shall  knowingly  and 
willfully  misrepresent,  or  misstate,  or,  for  the  purpose  aforesaid 
shall  knowingly  and  willfully  conceal  any  material  fact  or  circum- 
stance in  respect  of  any  such  claim  or  application  for  indemnity,  shall 
be  fined  not  more  than  $500,  or  imprisoned  not  more  than  one  year, 
or  both.     (Mar.  4,  1909,  ch.  321,  sec.  224,  35  Stat.  1133.) 

355.  Misappropriating  postal  funds;  prima  facie  evidence;  de- 
posits permitted. — Whoever,  being  a  postmaster  or  other  person  em- 
ployed in  or  connected  with  any  branch  of  the  Postal  Service,  shall 
loan,  use,  pledge,  hypothecate,  or  convert  to  his  own  use,  or  shall 
deposit  in  any  bank,  or  exchange  for  other  funds  or  property,  except 
as  authorized  b}^  law,  any  money  or  property  coming  into  his  hands 
or  under  his  control  in  any  manner  whatever,  in  the  execution  or 
under  color  of  his  office,  employment,  or  service,  whether  the  same 
shall  be  the  money  or  property  of  the  United  States  or  not;  or  shall 
fail  or  refuse  to  remit  to  or  deposit  in  the  Treasury  of  the  United 
States  or  in  a  designated  depository,  or  to  account  for  or  turn  over 
to  the  proper  officer  or  agent,  any  such  money  or  property,  when 
required  so  to  do  by  law  or  the  regulations  of  the  Post  Office  Depart- 
ment, or  upon  demand  or  order  of  the  Postmaster  General,  either 
directly  or  through  a  duly  authorized  officer  or  agent,  shall  be  deemed 
guilty  of  embezzlement;  and  every  such  person,  as  well  as  every 
other  person  advising  or  knowingly  participating  therein,  shall  be 
fined  in  a  sum  equal  to  the  amount  or  value  of  the  money  or  prop- 
erty embezzled,  or  imprisoned  not  more  than  ten  years,  or  both. 
Any  failure  to  produce  or  to  pay  over  any  such  money  or  property, 
when  required  so  to  do  as  above  provided,  shall  be  taken  to  be 
prima  facie  evidence  of  such  embezzlement;  and  upon  the  trial  of 
any  indictment  against  any  person  for  such  embezzlement,  it  shall 
be  prima  facie  evidence  of  a  balance  against  him  to  produce  a 
transcript  from  the  account  books  of  the  General  Accounting  Office. 
But  nothing  herein  shall  be  construed  to  prohibit  any  postmaster 
depositing,  under  the  direction  of  the  Postmaster  General,  in  a 
national  bank  designated  by  the  Secretarj'  of  the  Treasury  for  that 
purpose,  to  his  own  credit  as  postmaster,  any  funds  in  his  charge, 
nor  prevent  his  negotiating  drafts  or  other  evidences  of  debt  through 
such  bank,  or  through  United  States  disbursing  officers,  or  otherwise, 
when  instructed  or  required  so  to  do  by  the  Postmaster  General, 
for  the  purpose  of  remitting  surplus  funds  from  one  post  office  to 
another.  (R.S.  sees.  4046,  4053 ;  Mar.  4,  1909,  ch.  321,  sec.  225,  35 
Stat.  1133;  June  10,  1921,  ch.  18,  sec.  304,  42  Stat.  24.) 

356.  Employees  interested  in  mail  contracts. — Whoever,  being  a 
person  employed  in  the  Postal  Service,  shall  become  interested  in 
any  contract  for  carrying  the  mail,  or  act  as  agent,  with  or  without 
compensation,  for  any  contractor  or  person  offering  to  become  a  con- 
tractor in  any  business  before  the  department,  shall  be  immediately 
dismissed  from  office,  and  shall  be  fined  not  more  than  $5,000,  or 

030 


GENERAL  LAWS  [T.  18,  §  361 

imprisoned  not  more  than  one  year,  or  both.  (R.S.  sec.  412 ;  Mar.  4, 
1909,  ch.  321,  sec.  226,  35  Stat.  1134.) 

357.  Fraudulent  use  of  official  envelopes. — Whoever  shall  make 
use  of  any  official  envelope,  label,  or  indorsement  authorized  by 
law,  to  avoid  the  payment  of  postage  or  registry  fee  on  his  private 
letter,  packet.  pacKage,  or  other  matter  in  the  mail,  shall  be  fined 
not  more  than  $300.  (Mar.  3,  18Y7,  ch.  103,  sec.  5,  19  Stat.  335; 
Mar.  3,  1879,  ch.  180,  sec.  29,  20  Stat.  362;  July  5,  1884,  ch.  234, 
sec.  3,  23  Stat.  158;  Julv  2,  1886,  cli.  611,  24  Stat.  122;  Mar.  4,  1909, 
ch.  321,  sec.  227,  35  Stat.  1134.) 

358.  Fraudulently  increasing  weight  of  mail. — Whoever  shall 
place  or  cause  to  be  placed  any  matter  in  the  mails  during  the  regular 
weighing  period,  for  the  purpose  of  increasing  the  weight  of  the 
mail,  with  intent  to  cause  an  increase  in  the  compensation  of  the 
railroad  mail  carrier  over  whose  route  such  mail  may  pass,  shall  be 
fined  not  more  than  $20,000,  or  imprisoned  not  more  than  five  years, 
or  both.  (June  13,  1898,  ch.  446,  sec.  1,  30  Stat.  442;  Mar.  4,  1909, 
ch.  321,  sec.  228,  35  Stat.  1134.) 

359.  Offenses  against  foreign  mail  in  transit;  indictments. — 

Every  foreign  mail,  shall,  while  being  transported  across  the  terri- 
tory of  the  United  States  under  authority  of  law,  be  taken  and 
deemed  to  be  a  mail  of  the  United  States  so  far  as  to  make  any  vio- 
lation thereof,  or  depredation  thereon,  or  offense  in  respect  thereto, 
or  any  part  thereof,  an  offense  of  the  same  grade,  and  punishable  in 
the  same  manner  and  to  the  same  extent  as  though  the  mail  was 
a  mail  of  the  United  States;  and  in  any  indictment  or  information 
for  any  such  offense,  the  mail,  or  any  part  thereof,  may  be  alleged 
to  be,  and  on  the  trial  of  any  such  indictment  or  information  it 
shall  be  deemed  and  held  to  be,  a  mail  or  part  of  a  mail  of  the 
United  States.  (U.S.  sec.  4013;  Mar.  4,  1909,  ch.  321,  sec.  229,  35 
Stat.  1134.) 

360.  Omission  to  take  oath. — Every  person  employed  in  the 
Postal  Service  shall  be  subject  to  all  penalties  and  forfeitures  for 
the  violation  of  the  laws  relating  to  such  service,  whether  he  has 
taken  the  oath  of  office  or  not.  (U.S.  sec.  3832;  Mar.  4,  1909,  ch. 
321,  sec.  230,  35  Stat.  1134.) 

361.  Mailing  pistols,  revolvers  and  other  firearms  capable  of 
being  concealed  on  person. — Pistols,  revolvers,  and  other  firearms 
capable  of  being  concealed  on  the  person  are  hereby  declared  to  be 
nonmailable  and  shall  not  be  deposited  in  or  carried  by  the  mails 
or  delivered  by  any  postmaster,  letter  carrier,  or  other  person  in 
the  Postal  Service :  Provided,  That  such  articles  may  be  conveyed  in 
the  mails,  unders  such  regulations  as  the  Postmaster  General  shall 
prescribe,  for  use  in  connection  with  their  official  duty,  to  officers  of 
the  Army,  Navy,  Marine  Corps,  or  officers'  Reserve  Corps ;  to  officers 
of  the  National  Guard  or  Militia  of  the  several  States,  Territories, 
and  Districts ;  to  officers  of  the  United  States  or  of  the  several  States, 
Territories,  and  Districts  whose  official  duty  is  to  serve  process  of 
warrants  of  arrest  or  mittimus  of  commitment;  to  employees  of  the 
Postal  Service;  and  to  watchmen  engaged  in  guarding  the  property 

981 


T.  IS,  §  3S1]  OENERAL  LAWS 

of  the  United  States,  the  several  States,  Territories,  and  Districts: 
And  provided  further,  That  such  articles  may  be  conveyed  in  the 
mails  to  manufacturers  of  firearms  or  bona  fide  dealers  therein  in 
customary  trade  shipments,  including  such  articles  for  repairs  or 
replacement  of  parts,  from  one  to  the  other,  under  such  regulations 
as  the  Postmaster  General  shall  prescribe.  Whoever  shall  knowingly 
deposit  or  cause  to  be  deposited  for  mailing  or  delivery,  or  shall 
knowingly  cause  to  be  delivered  by  mail  according  to  the  direction 
thereon,  or  at  any  place  to  which  it  is  directed  to  be  delivered  by  the 
person  to  whom  it  is  addressed,  any  pistol,  revolver,  or  firearm, 
declared  by  this  section  to  be  nonmailable,  shall  be  fined  not  exceed- 
ing $1,000  or  imprisoned  not  more  than  two  years,  or  both,  (Feb. 
8,  1927,  ch.  75,  sec.  1,  44  Stat.  1059.) 

CHAPTER    9.— OFFENSES    AGAINST    FOREIGN    AND    INTERSTATE 

COMMERCE 

Section    381.  Violent    interference   with    foreign   commerce. — 

Whoever,  with  intent  to  prevent,  interfere  with,  or  obstruct  or 
attempt  to  prevent,  interfere  with,  or  obstruct  the  expt)rtation 
to  foreign  countries  of  articles  from  the  United  States,  shall  injure 
or  destroy,  by  fire  or  explosives,  such  articles  or  the  places  where 
they  may  be  w^iile  in  such  foreign  commerce,  shall  be  fined  not  more 
than  $10,000,  or  imprisoned  not  more  than  ten  years,  or  both.  The 
term  "  United  States,"  as  used  in  this  section,  includes  the  Canal 
Zone,  and  all  territory  and  waters,  continental  or  insular,  subject 
to  the  jurisdiction  of  the  United  States.  (June  15,  1917.  ch.  30,  title 
IV,  sec.  1,  40  Stat.  221 ;  June  15,  1917,  ch.  30,  title  XIII,  sec.  1,  40 
Stat.  231.) 

Cross-Reference 

Jurisdiction  of  the  district  court  in  tlie  Canal  Zone  of  offenses  under  this 
section,  see  section  574  of  this  title. 

387.  Importing  lottery  tickets;  interstate  carriage. — Whoever 
shall  bring  or  cause  to  be  brought  into  the  United  States  or  any 
place  subject  to  the  jurisdiction  thereof,  from  any  foreign  countr}', 
for  the  purpose  of  disposing  of  the  same,  any  paper,  certificate,  or 
instrument  purporting  to  be  or  to  represent  a  ticket,  chance,  share, 
or  interest  in  or  dependent  upon  the  event  of  a  lottery,  gift  enter- 
prise, or  similar  scheme,  offering  prizes  dependent  in  whole  or  in 
part  upon  lot  or  change,  or  any  advertisement  of,  or  list  of  the 
prizes  drawn  or  awarded  by  means  of,  any  such  lottery,  gift  enter- 
prise, or  similar  scheme;  or  shall  therein  knowingly  deposit  or  cause 
to  be  deposited  with  any  express  company  or  other  connnon  carrier 
for  carriage,  or  shall  carry,  from  one  State,  Territory,  or  District 
of  the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  to  any  other  State,  Territory,  or  District  of  the 
United  States,  or  place  noncontiguous  to  but  subject  to  the  jurisdiction 
thereof,  or  from  any  place  in  or  subject  to  the  jurisdiction  of  the 
United  States  thi-ough  a  foreign  country  to  any  place  in  or  sub- 
ject to  the  jurisdiction  thereof,  or  from  any  ])lace  in  or  subject  to 
the  jurisdiction  of  the  United  States  to  a  foreign  country,  any 
paper,  certificate,  or  instrument  purporting  to  be  or  to  represent 

932 


GENERAL  LAWS  [T.  18,  §  390 

a  ticket,  chance,  share,  or  interest  in  or  dependent  upon,  the  event 
of  any  such  lottery,  gift  enterprise,  or  similar  scheme,  or  any  adver- 
tisement of,  or  list  of  the  prizes  drawn  or  awarded  by  means  of, 
any  such  lottery,  gift  enterprise,  or  similar  scheme,  or  shall  know- 
ingly take  or  receive,  or  cause  to  be  taken  or  received,  any  such 
paper,  certificate,  instrument,  advertisement,  or  list  so  brought,  de- 
])Osited,  or  transported,  shall,  for  the  first  offense,  be  fined  not  more 
than  $1,000,  or  imprisoned  not  more  than  two  years,  or  both;  and 
for  any  subsequent  offense  shall  be  imprisoned  not  more  than  two 
years.  (Mar.  2,  1895,  ch.  191,  28  Stat.  963 ;  Mar.  4,  1909,  ch.  321, 
sec.  237,  35  Stat.  1136.) 

Note. — Sections  3S7  to  390  and  396  of  this  title  are  shown  because  of  their 
express  application  to  "  places  noncontiguous  to  but  subject  to  the  jurisdiction  " 
of  the  United  States. 

388.  Intoxicating  liquors;  by  interstate  shipment;  delivery  to 
other  than  bona  fide  consignee. — Any  officer,  agent,  or  employee  of 
any  railroad  company,  express  company,  or  other  common  carrier, 
who  shall  knowingly  deliver  or  cause  to  be  delivered  to  any  person 
other  than  the  person  to  whom  it  has  been  consigned,  unless  upon 
the  written  order  in  each  instance  of  the  bona  fide  consignee,  or 
to  any  fictitious  person,  or  to  any  person  under  a  fictitious  name, 
any  spirituous,  vinous,  malted,  fermented,  or  other  intoxicating 
liquor  of  any  kind  which  has  been  shipped  from  one  State,  Terri- 
tory, or  District  of  the  United  States,  or  place  noncontiguous  to 
but  subject  to  the  jurisdiction  thereof,  into  any  other  State,  Terri- 
tory, or  District  of  the  United  States,  or  place  noncontiguous  to 
but  subject  to  the  jurisdiction  thereof,  or  from  any  foreign  country 
into  any  State,  Territory,  or  District  of  the  United  States,  or  place 
noncontiguous  to  but  subject  to  the  jurisdiction  thereof,  shall  be  fined 
not  more  than  $5,000,  or  imprisoned  not  more  than  two  years,  or 
both.     (Mar.  4,  1909,  ch.  321,  sec.  238,  35  Stat.  1136.) 

389.  Same;  carrier  collecting  purchase  price  of  interstate  ship- 
ment.— Any  railroad  company,  express  company,  or  other  common 
carrier,  or  any  other  person  vdio,  in  connection  with  the  transporta- 
tion of  any  spirituous,  vinous,  malted,  fermented,  or  other  intoxi- 
cating liquor  of  any  kind,  from  one  State,  Territory,  or  District  of 
the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  into  any  other  State,  Territory,  or  District  of 
the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  or  from  any  foreign  countr}^  into  any  State, 
Territory,  or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  shall  collect  the  purchase 
price  or  an}''  part  thereof,  before,  on,  or  after  delivery,  from  the 
consignee,  or  from  any  other  person,  or  shall  in  ^A\y  manner  act  as 
the  agent  of  the  buyer  or  seller  of  any  such  liquor  for  the  purpose 
of  buying  or  selling  or  completing  the  sale  thereof,  saving  only  in 
the  actual  transportation  and  delivery  of  the  same,  shall  be  fined 
not  more  than  $5,000.     (Mar.  4, 1909,  ch.  321,  sec.  239,  35  Stat.  1136.) 

390.  Same;  shipping  packages  in  interstate  commerce  not 
plainly  marked. — Whoever  shall  knowingly  ship  or  cause  to  be 
shipped,  from  one  State,  Territory,  or  District  of  the  United  States, 

983 


T.  18,  §  396]  GENERAL  LAWS 

or  place  noncontiguous  to  but  subject  to  the  jurisdiction  thereof, 
into  any  other  State,  Territory,  or  District  of  the  United  States,  or 
place  noncontiguous  to  but  subject  to  the  jurisdiction  thereof,  or 
from  any  foreign  country  into  any  State,  Territory,  or  District  of 
the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  any  package  of  or  package  containing  any 
spirituous,  vinous,  malted,  fermented,  or  other  intoxicating  liquor 
of  any  kind,  unless  such  package  be  so  labeled  on  the  outside  cover 
as  to  plainly  show  the  name  of  the  consignee,  the  nature  of  its 
contents,  and  the  quantity  contained  therein,  shall  be  fined  not  more 
than  $5,000;  and  such  liquor  shall  be  forfeited  to  the  United  States, 
and  may  be  seized  and  condemned  by  like  proceedings  as  those 
provided  by  law  for  the  seizure  and  forfeiture  of  property  imported 
into  the  United  States  contrary  to  law.  (Mar.  4,  1909,  ch.  321,  sec. 
240,  35  Stat.  1137.) 

396.  Importing  and  transporting  obscene  books. — Whoever  shall 
bring  or  cause  to  be  brought  into  the  United  States,  or  any  place 
subject  to  the  jurisdiction  thereof,  from  any  foreign  country,  or 
shall  therein  knowingly  deposit  or  cause  to  be  deposited  with  any 
express  company  or  other  common  carrier,  for  carriage  from  one 
State,  Territory,  or  District  of  the  United  States  or  place  noncon- 
tiguous to  but  subject  to  the  jurisdiction  thereof,  to  any  other  State, 
Territory,  or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  or  from  any  place  in  or 
subject  to  the  jurisdiction  of  the  United  States,  through  a  foreign 
country,  to  any  place  in  or  subject  to  the  jurisdiction  thereof,  or 
from  any  place  in  or  subject  to  the  jurisdiction  of  the  United  States 
to  a  foreign  country,  any  obscene,  lewd,  or  lascivious,  or  any  filthy 
book,  pamphlet,  picture,  motion-picture  film,  paper,  letter,  writing, 
print,  or  other  matter  of  indecent  character,  or  any  drug,  medicine, 
article,  or  thing  designed,  adapted,  or  intended  for  preventing 
conception,  or  producing  abortion,  or  for  any  indecent  or  immoral 
use;  or  any  written  or  printed  card,  letter,  circular,  book,  pamphlet, 
advertisement,  or  notice  of  any  kind  giving  information,  directly 
or  indirectlj'^,  where,  how,  or  of  whom,  or  by  what  means  any  of  the 
hereinbefore  mentioned  articles,  matters,  or  things  may  be  obtained 
or  made;  or  whoever  shall  knowingly  take  or  cause  to  be  taken 
from  such  express  company  or  other  common  carrier  any  matter  or 
thing  the  depositing  of  which  for  carriage  is  herein  made  unlawful, 
shall  be  fined  not  more  than  $5,000  or  imprisoned  not  more  than 
five  years,  or  both.  (Feb.  8,  1897,  ch.  172.  29  Stat.  512;  Feb.  8,  1905, 
ch.  550,  33  Stat.  705;  Mar.  4,  1909,  ch.  321,  sec.  245,  35  Stat.  1138; 
June  5,  1920,  ch.  268,  41  Stat.  1060.) 

397.  White-slave  traffic;  terms  defined. — The  term  "interstate 

commerce,"  as  used  in  this  section  and  sections  398  to  404  of  this 
title,  shall  include  transportation  from  any  State  or  Territory  or 
the  District  of  Columbia  to  any  other  State  or  Territory  or  the 
District  of  Columbia,  and  the  term  "  foreign  commerce  "  shall  include 
transportation  from  any  State  or  Territory  or  the  District  of  Colum- 
bia to  any  foreign  country  and  from  any  foreign  country  to  any 
State  or  Territorv  or  the  District  of  Columbia.  (June  25,  1910, 
ch.  395,  sec.  1,  36  Stat.  825.) 

934 


GENERAL  LAWS  [T.  18,  §  40<:» 

398.  Same;  transportation  of  woman  or  girl  for  immoral  pur- 
poses, or  procuring  ticket. — Any  person  who  shall  knowingly  trans- 
port or  cause  to  be  transported,  or  aid  or  assist  in  obtaining 
transportation  for,  or  in  transporting,  in  interstate  or  foreign  com- 
merce, or  in  any  Territory  or  in  the  District  of  Columbia,  any  woman 
or  girl  for  the  purpose  of  prostitution  or  debauchery,  or  for  any 
other  immoral  purpose,  or  w^ith  the  intent  and  purpose  to  induce, 
entice,  or  compel  such  woman  or  girl  to  become  a  prostitute  or  to 
give  herself  up  to  debauchery,  or  to  engage  in  any  other  immoral 
practice;  or  who  shall  knowingly  procure  or  obtain,  or  cause  to  be 
procured  or  obtained,  or  aid  or  assist  in  procuring  or  obtaining,  any 
ticket  or  tickets,  or  any  form  of  transportation  or  evidence  of  the 
right  thereto,  to  be  used  by  any  woman  or  girl  in  interstate  or  foreign 
commerce,  or  in  any  Territory  or  the  District  of  Columbia,  in  going 
to  an}'-  place  for  the  purpose  of  prostitution  or  debauchery,  or  for 
any  other  immoral  purpose,  or  with  the  intent  or  purpose  on  the  part 
of  such  person  to  induce,  entice,  or  compel  her  to  give  herself  up  to 
the  practice  of  prostitution,  or  to  give  herself  up  to  debauchery,  or 
any  other  immoral  practice,  whereby  any  such  woman  or  girl  shall 
be  transported  in  interstate  or  foreign  commerce,  or  in  any  Territory 
or  the  District  of  Columbia,  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
$5,000.  or  by  imprisonment  of  not  more  than  five  years,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court.  (June  25, 
1910,  ch.  395,  sec.  2,  36  Stat.  825.) 

399.  Same;  inducing  transportation  for  immoral  purposes. — 

Any  person  who  shall  knowingly  persuade,  induce,  entice,  or  coerce, 
or  cause  to  be  persuaded,  induced,  enticed,  or  coerced,  or  aid  or 
assist  in  persuading,  inducing,  enticing,  or  coercing  any  woman  or 
girl  to  go  from  one  place  to  another  in  interstate  or  foreign  commerce, 
or  in  any  Territory  or  the  District  of  Columbia,  for  the  purpose  of 
prostitution  or  debauchery,  or  for  any  other  immoral  purpose,  or 
with  the  intent  and  purpose  on  the  part  of  such  person  that  such 
woman  or  girl  shall  engage  in  the  practice  of  prostitution  or  debauch- 
ery, or  any  other  immoral  practice,  whether  with  or  without  her  con- 
sent, and  who  shall  thereby  knowingly  cause  or  aid  or  assist  in 
causing  such  woman  or  girl  to  go  and  to  be  carried  or  transported 
as  a  passenger  upon  the  line  or  route  of  any  common  carrier  or 
carriers  in  interstate  or  foreign  commerce,  or  any  Territory  or  the 
District  of  Columbia,  shall  be  deemed  guilty  of  a  felony  and  on  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  more  than  $5,000, 
or  by  imprisonment  for  a  term  not  exceeding  five  years  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court.  (June 
25,  1910,  ch.  395,  sec.  3,  36  Stat.  825.) 

400.  Same;  inducing  interstate  transportation  of  woman  or  girl 
under  eighteen  for  immoral  purposes. — Any  person  who  shall  know- 
ingly persuade,  induce,  entice,  or  coerce  any  woman  or  girl  under  the 
age  of  eighteen  years  from  any  State  or  Territory  or  the  District  of 
Columbia  to  any  other  State  or  Territory  or  the  District  of  Columbia, 
with  the  purpose  and  intent  to  induce  or  coerce  her,  or  that  she  shall 
be  induced  or  coerced  to  engage  in  prostitution  or  debauchery,  or 

985 


T.  18,  §  401]  GENERAL  LAWS 

any  other  immoral  practice,  and  shall  in  furtherance  of  such  purpose 
knowingly  induce  or  cause  her  to  go  and  to  be  carried  or  transported 
as  a  passenger  in  interstate  commerce  upon  the  line  or  route  of  any 
common  carrier  or  carriers,  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
$10,000,  or  by  imprisonment  for  a  term  not  exceeding  ten  years,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court, 
(June  25,  1910,  ch.  395,  sec.  4,  36  Stat.  826.) 

401.  Same;  jurisdiction  of  prosecutions. — Any  violation  of  any 
of  sections  398  to  400  of  this  title  shall  be  prosecuted  in  any  court 
having  jurisdiction  of  crimes  within  the  district  in  which  said  viola- 
tion was  committed,  or  from,  through,  or  into  which  any  such  woman 
or  girl  may  have  been  carried  or  transported  as  a  passenger  in  inter- 
state or  foreign  commerce,  or  in  any  Territory  or  the  District  of 
Columbia,  contrary  to  the  provisions  of  any  of  said  sections.  (June 
25,  1910,  ch.  395,  sec.  5,  36  Stat.  826.) 

402.  Same;  (1)  prevention  of  transportation  in  foreign  com- 
merce of  alien  women  and  girls  under  international  agreement; 
Commissioner  General  of  Immigration  designated  as  authority  to 
receive  inf orm.ation ;  duty  to  receive  and  keep  statements  of  and 
pertaining  to  them. — For  the  purpose  of  regulating  and  preventing 
the  transportation  in  foreign  commerce  of  alien  women  and  girls 
for  purposes  of  prostitution  and  debauchery,  and  in  pursuance 
of  and  for  the  purpose  of  carrjdng  out  the  terms  of  the  agreement 
or  project  of  arrangement  for  the  suppression  of  the  white-slave 
traffic,  adopted  July  25,  1902,  for  submission  to  their  respective 
governments  by  the  delegates  of  various  powers  represented  at  the 
Paris  Conference  and  confirmed  by  a  formal  agreement  signed  at 
Paris  on  May  18,  1904,  and  adhered  to  by  the  United  Sfates  on 
June  6,  1908,  as  shovrn  by  the  proclamation  of  the  President  of  the 
United  States,  dated  June  15,  1908,  the  Commissioner  General  of 
Immigration  is  hereby  designated  as  the  authority  of  the  United 
States  to  receive  and  centralize  information  concerning  the  procura- 
tion of  alien  women  and  girls  with  a  view  to  their  debauchery,  and 
to  exercise  supervision  over  such  alien  women  and  girls,  receive  their 
declarations,  establish  their  identity,  and  ascertain  from  them  who 
induced  them  to  leave  their  native  countries,  respectively;  and  it 
shall  be  the  duty  of  said  Commissioner  General  of  Immigration  to  re- 
ceive and  keep  on  file  in  his  office  the  statements  and  declarations 
which  may  be  made  by  such  alien  women  and  girls,  and  those  which 
are  hereinafter  required  pertaining  to  sucli  alien  women  and  girls  en- 
gaged in  prostitution  or  debauchery  in  this  country,  and  to  furnish 
receipts  for  such  statements  and  declarations  provided  for  in  sec- 
tions 397  to  404  of  this  title  to  the  persons,  respectively,  making  and 
filing  them. 

(2)  Statement  by  person  keeping  woman  or  girl  for  immoral 
purposes;  failure  to  file,  making  false  statement,  or  failure  to 
disclose  facts. — Every  person  who  shall  keep,  maintain,  control, 
support,  or  harbor  in  an}^  house  or  place  for  the  pur])osc  of  prosti- 
tution, or  for  any  other  immoral  purpose,  any  alien  woman  or  girl 
within  three  years  after  she  shall  have  entered  the  United  States 

936 


GENERAL  LAW8  [T.  18,  §  403 

from  any  country,  party  to  the  said  arrangement  for  the  suppres- 
sion of  the  white-slave  traffic,  shall  file  with  tl^e  Commissioner  Gen- 
eral of  Immigration  a  statement  in  writing  setting  forth  the  name 
of  such  alien  woman  or  girl,  the  place  at  which  she  is  kept,  and  all 
facts  as  to  the  date  of  lier  entry  into  the  United  States,  the  port 
through  which  she  entered,  her  age,  nationality,  and  parentage, 
and  concerning  her  procuration  to  come  to  this  country  within  the 
knowledge  of  such  person,  and  any  person  who  shall  fail  within 
thirty  days  after  such  person  shall  commence  to  keep,  maintain, 
control,  support,  or  harbor  in  any  house  or  place  for  the  purpose 
of  prostitution,  or  for  any  other  immoral  purpose,  any  alien  woman 
or  girl  within  three  years  after  she  shall  have  entered  the  United 
States  from  any  of  the  countries,  party  to  the  said  arrangement 
for  the  suppression  of  the  white-slave  traffic,  to  file  such  statement 
concerning  such  alien  woman  or  girl  with  the  Commissioner  General 
of  Immigration,  or  who  shall  knowingly  and  willfully  state  falsely 
or  fail  to  disclose  in  such  statement  any  fact  within  his  knowledge 
or  belief  with  reference  to  the  age,  nationality,  or  parentage  of  any 
such  alien  woman  or  girl,  or  concerning  her  procuration  to  come 
to  this  country,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  punished  by  a  fine  of  not  more  than  $2,000,  or 
by  imprisonment  for  a  term  not  exceeding  two  years,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

(3)  Presumption  of  failure  to  file  statement  not  on  file;  failure 
to  furnish  not  excused  by  self -criminating-  tendency;  immunity 
from  prosecution. — In  any  prosecution  brought  under  sections  397 
to  404  of  this  title,  if  it  appear  that  any  such  statement  required 
is  not  on  file  in  the  office  of  the  Commissioner  General  of  Immigra- 
tion, the  person  wdiose  duty  it  shall  be  to  file  such  statement  shall 
be  presumed  to  have  failed  to  file  said  statement,  unless  such  person 
or  persons  shall  prove  otherwise.  No  person  shall  be  excused  from 
furnishing  the  statement,  as  required  by  this  section,  on  the  ground 
or  for  the  reason  that  the  statement  so  required  by  him,  or  the 
information  therein,  contained,  might  tend  to  criminate  him  or  sub- 
ject him  to  a  penalty  or  forfeiture,  but  no  person  shall  be  prosecuted 
or  subjected  to  any  penalt}^  or  forfeiture  under  any  law  of  the 
United  States  for  or  on  account  of  any  transaction,  matter,  or  thing, 
concerning  which  he  may  truthfully  report  in  such  statement. 
(June  25,  1910,  ch.  395,  sec.  6,  36  Stat.  826.) 

403.  Same;  "Territory",  "person  "  construed;  liability  of  per- 
sons or  corporations  for  acts  and  omissions  of  officers,  agents,  or 
employees.— The  term  "  Territory  ",  as  used  in  sections  397  to  404  of 
this  title,  shall  include  the  Territory  of  Alaska,  the  insular  posses- 
sions of  the  United  States,  and  the  Canal  Zone.  The  word  "  person  " 
shall  be  construed  to  import  both  the  plural  and  the  singular,  as 
the  case  demands,  and  shall  include  corporations,  companies,  socie- 
ties, and  associations.  When  construing  and  enforcing  the  provisions 
of  sections  397  to  404,  the  act,  omission,  or  failure  of  any  officer, 
agent,  or  other  person,  acting  for  or  employed  by  any  other  person 
or  by  any  corporation,  company,  society,  or  association  within  the 
scope  of  his  employment  or  office,  shall  in  every  case  be  also  deemed 
to  be  the  act,  omission,  or  failure  of  such  other  person,  or  of  such 

ososr^— n4 Ro  «)37 


T.  18,  §  404]  GENERAL  LAWS 

company,  corporation,  society,  or  association,  as  well  as  that  of  the 
person  himself.  (June  25,  1910,  ch.  395,  sec.  7,  36  Stat.  827.) 

404.  Citation. — Sections  397  to  404  of  this  title  shall  be  known  and 
referred  to  as  the  "  White  Slave  Traffic  Act."  (June  25,  1910,  ch. 
395,  sec.  8,  36  Stat.  827.) 

CHAPTER  10.— SLAVE  TRADE  AND  PEONAGE 

Section  446.  Bringing  kidnaped  person  into  place  subject  to 
jurisdiction  of  United  States. — Whoever  shall  knowingly  and  will- 
fully bring  into  the  United  States  or  any  place  subject  to  the  juris- 
diction thereof,  any  person  inveigled  or  forcibly  kidnaped  in  any 
other  country,  with  intent  to  hold  such  person  so  inveigled  or  kid- 
naped in  confinement  or  to  any  involuntary  servitude;  or  whoever 
shall  knowingly  and  willfully  sell  or  cause  to  be  sold,  into  any  condi- 
tion of  involuntary  servitude,  any  other  person  for  any  term  what- 
ever; or  whoever  shall  knowingly  and  willfully  hold  to  involun- 
tary servitude  any  person  so  brought  or  sold,  shall  be  fined  no't  more 
than  $5,000  and  imprisoned  not  more  than  five  years.  (June  23, 
1874,  ch.  464,  sec.  1,  18  Stat.  251 ;  Mar.  4,  1909,  cli.  321,  sec.  271,  35 
Stat.  1142.) 

CHAPTER     11— OFFENSES     WITHIN     ADMIRALTY,     MARITIME,     AND 
TERRITORIAL    JURISDICTION    OF    UNITED    STATES 

Cboss-Reference 

For  provisions  conferring  upon  the  district  court  in  the  Canal  Zone  juris- 
diction over  offenses  under  the  criminal  laws  of  the  United  States  when  com- 
mitted upon  the  high  seas  and  when  the  offender  is  found  within  or  brought 
into  the  Canal  Zone,  see  Canal  Zone  Code,  title  7,  section  2G. 

Section  451.  Places  and  waters  applicable;  on  board  American 
vessel  on  high  seas  or  Great  Lakes;  on  land  under  exclusive  con- 
trol of  United  States;  guano  islands. — The  crimes  and  offenses  de- 
fined in  this  chapter  shall  be  punished  as  herein  prescribed : 

First.  When  committed  upon  the  high  seas,  or  on  any  other  waters 
within  the  admiralty  and  maritime  jurisdiction  of  the  United  States 
and  out  of  the  jurisdiction  of  any  particular  State,  or  when  com- 
mitted within  the  admiralty  and  maritime  jurisdiction  of  the  United 
States  and  out  of  the  jurisdiction  of  any  particular  State  on  board 
any  vessel  belonging  in  whole  or  in  part  to  the  United  States  or  any 
citizen  thereof,  or  to  any  corporation  created  by  or  under  the  laws 
of  the  United  States,  or  of  any  State,  Territory,  or  District  thereof. 

Second.  When  committed  upon  any  vessel  registered,  licensed,  or 
enrolled  under  the  laws  of  the  United  States,  and  being  on  a  voyage 
upon  the  waters  of  any  of  the  Great  Lakes,  namely :  Lake  Superior, 
Lake  Michigan,  Lake  Huron,  Lake  Saint  Clair,  Lake  Erie,  Lake 
Ontario,  or  any  of  the  waters  connecting  any  of  said  lakes,  or  upon 
the  River  Saint  Lawrence  where  the  same  constitutes  the  interna- 
tional boundary  line. 

Third.  When  committed  within  or  on  any  lands  reserved  or  ac- 
quired for  the  exclusive  use  of  the  United  States,  and  under  the 
exclusive  jurisdiction  thereof,  or  any  place  purchased  or  otherwise 

938 


GENERAL  LAWS  [T.  18,  §  455 

acquired  by  the  United  States  by  consent  of  the  le<2:islature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  a  fort,  maga- 
zine, arsenal,  dockyard,  or  other  needful  building. 

Fourth.  On  any  island,  rock,  or  key,  containing  deposits  of  guano, 
which  may,  at  the  discretion  of  the  President,  be  considered  as  ap- 
pertaining to  the  United  States.  (R.S.  sec.  5339 ;  Sept.  4,  1890,  ch. 
874,  26  Stat.  424;  Mar.  4,  1909,  ch.  321,  sec.  272,  35  Stat.  1142.) 

452.  Murder;  first  degree;  second  degree. — Murder  is  the  unlaw- 
ful killing  of  a  human  being  with  malice  aforethought.  Every 
murder  perpetrated  by  poison,  Ijnng  in  wait,  or  any  other  kind  of 
willful,  deliberate,  malicious,  and  premeditated  killing;  or  committed 
in  the  perpetration  of,  or  attempt  to  perpetrate,  any  arson,  rape, 
burglary,  or  robbery;  or  perpetrated  from  a  premeditated  design 
unlawfully  and  maliciously  to  effect  the  death  of  any  human  being 
other  than  him  who  is  killed,  is  murder  in  the  first  degree.  Any 
other  murder  is  murder  in  the  second  degree.  (R.S.  sec.  5339; 
Mar.  4,  1909,  ch.  321,  sec.  273,  35  Stat.  1143.) 

453.  Manslaughter;  voluntary ;  involuntary. — Manslaughter  is  the 
unlawful  killing  of  a  human  being  without  malice.  It  is  of  two 
kinds: 

Voluntary — Upon  a  sudden  quarrel  or  heat  of  passion. 

Involuntary — In  the  commission  of  an  unlawful  act  not  amounting 
to  a  felony,  or  in  the  commission  of  a  lawful  act  which  might 
produce  death,  in  an  unlawful  manner,  or  without  due  caution  and 
circumspection.  (R.S.  sec.  5341;  Mar.  4,  1909,  ch.  321,  sec.  274,  35 
Stat.  1143.) 

454.  Punishment;  murder;  manslaughter. — Every  person  guilty 
of  murder  in  the  first  degree  shall  suffer  death.  Every  person 
guilty  of  murder  in  the  second  degree  shall  be  imprisoned  not  less 
than  ten  years  and  may  be  imprisoned  for  life.  Every  person 
guilty  of  voluntary  manslaughter  shall  be  imprisoned  not  more 
than  ten  years.  Every  person  guilty  of  involuntary  manslaughter 
shall  be  imprisoned  not  more  than  three  years,  or  fined  not  exceeding 
$1,000,  or  both.  (U.S.  sees.  5339,  5343;  Mar.  4,  1909,  ch.  321,  sec. 
275,  35  Stat.  1143.) 

455.  Felonious  assaults;  to  murder  or  rape;  other  felony;  with 
weapons;  beating;  simple  assault.— Whoever  shall  assault  another 
with  intent  to  commit  murder,  or  rape,  shall  be  imprisoned  not  more 
than  twenty  years.  Whoever  shall  assault  another  with  intent  to 
commit  any  felony,  except  murder,  or  rape,  shall  be  fined  not  more 
than  $3,000,  or  imprisoned  not  more  than  ten  years,  or  both.  Who- 
ever, with  intent  to  do  bodily  harm,  and  without  just  cause  or 
excuse,  shall  assault  another  with  a  dangerous  weapon,  instrument, 
or  other  thing,  shall  be  fined  not  more  than  $1,000.  or  imprisoned 
not  more  than  five  years,  or  both.  Whoever  shall  unlawfully  strike, 
beat,  or  wound  another,  shall  be  fined  not  more  than  $500,  or  impris- 
oned not  more  than  six  months,  or  both.  Whoever  shall  unlawfully 
assault  another,  shall  be  fined  not  more  than  $300,  or  imprisoned 
not  more  than  three  months,  or  both.  (R.S.  sec.  5346;  Mar.  4,  1909, 
ch.  321,  sec.  276,  35  Stat.  U43.) 

939 


T.  18,  §  456]  GENERAL  LAW& 

456.  Other  attempts  at  murder. — Whoever  shall  attempt  to  com- 
mit murder  or  manshuighter,  except  as  provided  in  the  i:)receding 
section,  shall  be  fined  not  more  than  $1,000  and  imprisoned  not 
more  than  three  years.  (R.S.  sec.  5342;  Mar.  4,  1909,  ch.  321,  sec. 
277,  35  Stat.  1143.) 

457.  Rape. — Whoever  shall  commit  the  crime  of  rape  shall  suffer 
death.    (R.S.  sec.  5345:  Mar.  4.  1909,  ch.  321,  sec.  278.  35  Stat.  1143.) 

458.  Carnal  knowledge  of  female  under  sixteen. — Whoever  shall 
carnally  and  unlawfully  knoAv  any  female  under  the  age  of  sixteen 
years,  or  shall  be  accessory  to  such  carnal  and  unlawful  knowledge 
before  the  fact,  shall,  for  a  first  offense,  be  imprisoned  not  more  than 
fifteen  years,  and  for  a  subsequent  offense  be  imprisoned  not  m.ore 
than  thirty  years.  (Feb.  9,  1889,  ch.  120,  25  Stat.  658;  Mar.  4, 
1909.  ch.  321,  sec.  279,  35  Stat.  1143.) 

459.  Seduction  of  female  passenger  on  vessel. — Every  master, 
officer,  seaman,  or  other  person  employed  on  board  of  any  American 
vessel,  who,  during  the  voyage,  under  promise  of  marriage,  or  b}' 
threats,  or  the  exercise  of  authority,  or  solicitation,  or  the  making 
of  gifts  or  presents,  seduces  and  has  illicit  connection  with  any 
female  passenger  shall  be  fined  not  more  than  $1,000,  or  imprisoned 
not  more  than  one  year,  or  both;  but  subsequent  intermarriage  of 
the  parties  may  be  pleaded  in  bar  of  conviction.  (R.S.  sec.  5349; 
Mar.  4,  1909,  ch.  321,  sec.  280,  35  Stat.  1143.) 

460.  Disposal  of  fine;  evidence  required. — When  a  person  is  con- 
victed of  a  violation  of  the  section  last  preceding,  the  court  ma}-, 
in  its  discretion,  direct  that  the  amount  of  the  fine,  when  paid,  bo 
paid  for  the  use  of  the  female  seduced,  or  her  child,  if  she  have 
any;  but  no  conviction  shall  be  had  on  the  testimony  of  the  female 
seduf  ed,  without  other  evidence,  nor  unless  the  indictment  is  found 
within  one  year  after  the  arrival  of  the  vessel  on  which  the  offense 
was  committed  at  the  port  of  its  destination.  (R.S.  sees.  5350,  5351; 
Mar.  4,  1909,  ch.  321,  sec.  281,  35  Stat.  1144.) 

461.  Loss  of  life  by  misconduct  of  officers  of  vessels;  liability 
of  corporation  officer. — Every  captain,  engineer,  pilot,  or  other  per- 
son employed  on  any  steamboat  or  vessel,  by  whose  misconduct, 
negligence,  or  inattention  to  his  duties  on  such  vessel  the  life  of  any 
person  is  destroyed,  and  every  owner,  charterer,  inspector,  or  other 
public  officer,  through  whose  fraud,  neglect,  connivance,  miscon- 
duct, or  violation  of  law  the  life  of  any  person  is  destroyed,  shall 
be  fined  not  more  than  $10,000,  or  imprisoned  not  more  than  ten 
years,  or  both.  When  the  owner  or  charterer  of  any  steamboat  or 
vessel  shall  be  a  corporation,  any  executive  officer  of  such  corpora- 
tion, for  the  time  being  actually  charged  with  the  control  and  man- 
agement of  the  operation,  equipment,  or  navigation  of  such 
steamboat  or  vessel,  who  has  knoAvingly  and  willfully  caused  or 
allowed  such  fraud,  neglect,  connivance,  misconduct,  or  violation 
of  law,  by  which  the  life  of  any  person  is  destroyed,  shall  be  fined 
not  more  than  $10,000,  or  imprisoned  not  more  than  ten  years,  or 
both.  (R.S.  sec.  5344;  Mar.  3,  1905,  ch.  1454,  sec.  5,  33  Stat.  1025: 
Mar.  4,  1909,  ch.  321,  sec.  282,  35  Stat.  1144.) 

940 


GENERAL  LAWS  [T.  IS,  §  467 

462.  Maiming. — Whoever,  with  intent  to  maim  or  disfigure,  shall 
cut.  bite,  or  slit,  the  nose,  ear,  or  lip,  or  cut  out  or  disable  the  tongue, 
or  put  out  or  destroy  an  eye,  or  cut  off  or  disable  a  limb  or  any 
member  of  anotlier  person ;  or  whoever,  with  like  intent,  shall  throw 
or  pour  upon  anotlier  person,  any  scalding  hot  water,  vitriol,  or 
other  corrosive  acid,  or  caustic  substance  whatever,  shall  be  fined 
not  more  than  $1,000,  or  imprisoned  not  more  than  seven  years,  or 
both.     (R.S.  sec.  5348;  Mar.  4,  1909,  ch.  321,  sec.  283,  35  Stat.  1144.) 

463.  Robbery. — Whoever,  by  force  and  violence,  or  by  putting  in 
fear,  shall  feloniously  take  from  the  person  or  presence  of  anotlier 
anything  of  value,  shall  be  imprisoned  not  more  than  fifteen  years. 
(R.S.  sec.  5370;  Mar.  4,  1909,  ch.  321,  sec.  284,  35  Stat.  1144.) 

464.  Arson  of  dwelling  house. — Wlioever  shall  willfully  and 
maliciously  set  fire  to,  burn,  or  attempt  to  burn,  or  by  means  of  a 
dangerous  explosive  destroy  or  attempt  to  destroy,  any  dwelling 
house,  or  any  store,  barn,  stable,  or  other  building,  parcel  of  a 
dwelling  house,  shall  be  imprisoned  not  more  than  twenty  years. 
(R.S.  sec.  5385;  Mar.  4,  1909,  ch.  321,  sec.  285,  35  Stat.  1144.) 

465.  Arson  of  other  buildings. — Whoever  shall  maliciously  set 
fire  to,  burn,  or  attempt  to  burn,  or  by  any  means  destroy  or  injure, 
or  attempt  to  destroy  or  injure,  any  arsenal,  armory,  magazine, 
ropcAvalk,  ship  house,  warehouse,  blockhouse,  or  barrack,  or  any 
storehouse,  barn,  or  stable,  not  parcel  of  a  dwelling  house,  or  any 
other  building  not  mentioned  in  the  section  last  preceding,  or  any 
vessel  built,  building,  or  undergoing  repair,  or  any  lighthouse,  or 
beacon,  or  any  machinery,  timber,  cables,  rigging,  or  other  materials 
or  appliances  for  building,  repairing,  or  fitting  out  vessels,  or  any 
pile  of  wood,  boards,  or  other  lumber,  or  any  military,  naval,  or 
victualing  stores,  arms  or  other  munitions  of  war,  shall  be  fined  not 
more  than  $5,000  and  imprisoned  not  more  than  twenty  years. 
(R.S.  sees.  5386,  5387;  Mar.  4,  1909,  ch.  321,  sec.  286,  35  Stat.  1144.) 

466.  Larceny;  determining  value  of  vt^ritten  instrument. — Who- 
ever shall  take  and  carry  away,  with  intent  to  steal  or  purloin, 
any  personal  property  of  another,  shall  be  punished  as  follows:  If 
the  property  taken  is  of  a  value  exceeding  $50,  or  is  taken  from  the 
person  of  another,  by  a  fine  of  not  more  than  $10,000,  or  imprison- 
ment for  not  more  than  ten  years,  or  both;  in  all  other  cases,  by  a 
fine  of  not  more  than  $1,000,  or  by  imprisonment  not  more  than 
one  year,  or  both.  If  the  property  stolen  consists  of  any  evidence 
of  debt,  or  other  v/ritten  instrument,  the  amount  of  money  due 
thereon,  or  secured  to  be  paid  thereby  and  remaining  unsatisfied,  or 
which  in  any  contingency  might  be  collected  thereon,  or  the  value 
of  the  property  the  title  to  which  is  shown  thereby,  or  the  sum 
which  might  be  recovered  in  the  absence  thereof,  shall  be  deemed 
to  be  the  value  of  the  property  stolen.  (R.S.  sec.  5356;  Mar.  4, 
1909,  ch.  321,  sec.  287,  35  Stat.  li44.) 

467.  Receiving  stolen  goods;  trials.— Whoever  shall  buy,  receive, 
or  conceal,  any  money,  goods,  bank  notes,  or  other  thing  which  may 
be  the  subject  of  larceny,  which  has  been  feloniously  taken,  stolen, 
or  embezzled,  from  any  other  person,  knowing  the  same  to  have 

941 


T.  18,  §  481]  GENERAL  LAWS 

been  so  taken,  stolen,  or  embezzled,  shall  be  fined  not  more  than 
$1,000  and  imprisoned  not  more  than  three  years;  and  such  person 
may  be  tried  either  before  or  after  the  conviction  of  the  principal 
offender.  (K.S.  sec.  6357;  Mar.  4,  1909,  ch.  321,  sec.  288,  35 
Stat.  1145.) 

CHAPTER  12.— PIRACY  AND  OTHER  OFFENSES  UPON  SEAS 

Ckoss-Refeeence 

For  provisions  conferring  upon  the  district  court  in  the  Canal  Zone  juris- 
diction over  offenses  under  the  criminal  lavps  of  the  United  States  when  com- 
mitted upon  the  high  seas  and  the  offender  is  found  within  or  brought  into 
the  Canal  Zone,  see  Canal  Zone  Code,  title  7,  section  26. 

Section  481.  Piracy;  punishment. — Wlioever,  on  the  high  seas, 
commits  the  crime  of  piracy  as  defined  b}''  the  law  of  nations,  and  is 
afterwards  brought  into  or  found  in  the  United  States,  shall  be  im- 
prisoned for  life.  (R.S.  sec.  5368;  Jan.  15,  1897,  ch.  29,  sec.  2,  29 
Stat.  487;  Mar.  4,  1909,  ch.  321,  sec.  290,  35  Stat.  1145.) 

482.  Maltreatment  of  crew  by  officers  of  vessels;  flogging. — 

Whoever,  being  the  master  or  officer  of  a  vessel  of  the  United 
States,  on  the  high  seas,  or  on  any  other  waters  within  the  admiralty 
and  maritime  jurisdiction  of  the  United  States,  beats,  wounds,  or 
without  justifiable  cause,  imprisons  any  of  the  crew  of  such  vessel, 
or  withholds  from  them  suitable  food  and  nourishment,  or  inflicts 
upon  them  any  cruel  and  unusual  punishment,  shall  be  fined  not  more 
than  $1,000,  or  imprisoned  not  more  than  five  j^ears,  or  both.  This 
section  shall  not  be  construed  to  repeal  or  modify  section  712  of 
Title  46.  (R.S.  sec.  5347;  Mar.  3,  1897,  ch.  389,  sec.  18,  29  Stat.  691 ; 
Mar.  4,  1909,  ch.  321,  sec.  291,  35  Stat.  1145.) 

483.  Inciting  revolt  or  mutiny  on  shipboard. — Wlioever,  being  of 
the  crew  of  a  vessel  of  the  United  States,  on  the  high  seas,  or  on  any 
other  waters  within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  endeavors  to  make  a  revolt  or  mutiny  on  board  such 
vessel,  or  combines,  conspires,  or  confederates  with  any  other  person 
on  board  to  make  such  revolt  or  mutiny,  or  solicits,  incites,  or  stirs 
up  any  other  of  the  crew  to  disobey  or  resist  the  lawful  orders  of  the 
master  or  other  officer  of  such  vessel,  or  to  refuse  or  neglect  their 
proper  duty  on  board  thereof,  or  to  betray  their  proper  trust,  or  as- 
sembles with  others  in  a  tumultuous  and  mutinous  manner,  or  makes 
a  riot  on  board  thereof,  or  unlawfully  confines  the  master  or  other 
commanding  officer  thereof,  shall  be  fined  not  more  than  $1,000,  or 
imprisoned  not  more  than  five  years,  or  both.  (R.S.  sec.  5359 ;  Mar. 
4,  1909,  ch.  321,  sec.  292,  35  Stat.  1146.) 

484.  Revolt  or  mutiny  on  shipboard. — Whoever,  being  of  the  crew 
of  a  vessel  of  the  United  States,  on  the  high  seas,  or  on  any  other 
waters  within  the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  unlawfully  and  with  force,  or  by  fraud,  or  intimidation, 
usurps  the  command  of  such  vessel  from  the  master  or  other  lawful 
officer  in  command  thereof,  or  deprives  hira  of  authority  and  com- 
mand on  board,  or  resists  or  prevents  him  in  the  free  and  lawful 
exercise  thereof,  or  transfers  such  authority  and  command  to  another 

942 


GENERAL  LAWS  [T.  18,  §  488 

not  lawfully  entitled  thereto,  is  guilty  of  a  revolt  and  mutiny,  and 
shall  be  fined  not  more  than  $2,U00  and  imprisoned  not  more  than 
ten  years.  (R.S.  sec.  5360;  Mar.  4.  1909,  ch.  321,  sec.  293,  35  Stat. 
1146.) 

485.  Seamen  laying  violent  hands  on  commander. — Whoever,  be- 
ing a  seaman,  lays  violent  hands  upon  his  commander,  thereby  to 
hinder  and  prevent  his  fighting  in  defense  of  his  vessel  or  the  goods 
intrusted  to  him,  is  a  pirate,  and  shall  be  impriironed  for  life.  (R.S. 
sec.  5369;  Jan.  15,  1897,  ch.  29,  sec.  2,  29  Stat.  487;  Mar.  4,  1909, 
ch.  321,  sec.  294,  35  Stat.  1146.) 

486.  Abandonment  of  mariner  in  foreign  port. — Whoever,  being 
master  or  commander  of  a  vessel  of  the  United  States,  while  abroad, 
maliciously  and  without  justifiable  cause  forces  any  officer  or  mari- 
ner of  such  vessel  on  shore,  in  order  to  leave  him  behind  in  any 
foreign  port  or  place,  or  refuses  to  bring  home  again  all  such 
officers  and  mariners  of  such  vessel  whom  he  carried  out  with  him, 
as  are  in  a  condition  to  return  and  willing  to  return,  when  he  is 
ready  to  proceed  on  his  homeward  voyage,  shall  be  fined  not  more 
than  $500,  or  imprisoned  not  more  than  six  months,  or  both.  (R.S. 
sec.  5363;  Mar.  4,  1909,  ch.  321,  sec.  295,  35  Stat.  1146.) 

487.  Conspiracy  to  cast  away  vessel. — Whoever,  on  the  high  seas, 
or  within  the  United  States,  willfully  and  corruptly  conspires,  com- 
bines, and  confederates  with  any  other  person,  such  other  person 
being  either  within  or  without  the  United  States,  to  cast  away  or 
otherwise  destroy  any  vessel,  with  intent  to  injure  any  person  that 
may  have  underwritten  or  may  thereafter  underwrite  any  policy 
of  insurance  thereon  or  on  goods  on  board  thereof,  or  with  intent 
to  injure  any  person  that  has  lent  or  advanced,  or  may  lend  or 
advance,  any  money  on  such  vessel  on  bottomry  or  respondentia; 
or  whoever,  within  the  United  States,  builds,  or  fits  out,  or  aids  in 
building  or  fitting  out,  any  vessel  with  intent  that  the  same  be  cast 
awaj'^  or  destroyed,  with  the  intent  hereinbefore  mentioned,  shall  be 
fined  not  more  than  $10,000  and  imprisoned  not  more  than  ten  years. 
(R.S.  sec.  5364;  Mar.  4,  1909,  ch.  321,  sec.  296,  35  Stat.  1146.) 

488.  Plundering  vessel  in  distress ;  obstructing  escape  of  wrecked 
person;  holding  false  light. — Whoever  plunders,  steals,  or  destroys 
any  money,  goods,  merchandise,  or  other  effects,  from  or  belonging 
to  an}'^  vessel  in  distress,  or  wrecked,  lost,  stranded,  or  cast  away, 
upon  the  sea,  or  upon  any  reef,  shoal,  bank,  or  rocks  of  the  sea,  or 
in  any  other  place  within  the  admiralty  and  maritime  jurisdiction 
of  the  United  States,  shall  be  fined  not  more  than  $5,000  and 
imprisoned  not  more  than  ten  years ;  and  whoever  willfully  obstructs 
the  escape  of  any  person  endeavoring  to  save  his  life  from  such 
vessel,  or  the  wreck  thereof;  or  whoever  holds  out  or  shows  any 
false  light,  or  extinguishes  any  true  light,  with  intent  to  bring  any 
vessel  sailing  upon  the  sea  into  danger,  or  distress,  or  shipwreck, 
shall  be  imprisoned  not  less  than  ten  years  and  may  be  imprisoned 
for  life.  (R.S.  sec.  5358;  Mar.  4,  1909,  ch.  321,  sec.  297,  35  Stat. 
1146.) 

043 


T.  18,  §  489]  GENERAL  LAWS 

489.  Attacking  vessel  with  intent  to  plunder. — Whoever,  upon 
the  high  seas  or  on  any  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  by  surprise  or  by  open  force, 
maliciously  attacks  or  sets  upon  any  vessel  belonging  to  another,  with 
an  intent  unlawfully  to  plunder  the  same,  or  to  despoil  any  owner 
thereof  of  any  moneys,  goods,  or  merchandise  laden  on  board  there- 
of, shall  be  fined  not  more  than  ii55,000  and  imprisoned  not  more  than 
ten  years.  (R.S.  sec.  5361;  Mar.  4,  1909,  ch.  321,  sec.  298,  35  Stat. 
1147.) 

490.  Breaking  and  entering  vessel. — Whoever,  upon  the  high  seas 
or  on  any  other  waters  within  the  admiralty  and  maritime  jurisdic- 
tion of  the  United  States,  and  out  of  the  jurisdiction  of  an}'  particular 
State,  breaks  or  enters  any  vessel,  with  intent  to  commit  any  felony, 
or  maliciousl}^  cuts,  spoils,  or  destroys  any  cordage,  cable,  buoj's,  buoy 
rope,  head  fast,  or  other  fast,  fixed  to  the  anchor  or  moorings  belong- 
ing to  any  vessel,  shall  be  fined  not  more  than  $1,000  and  imprisoned 
not  more  than  five  years.  (R.S.  sec.  5362;  Mar.  4,  1909,  ch.  321,  sec. 
299,  35  Stat.  1147.) 

491.  Destroying  vessel  at  sea;  owner. — Whoever,  upon  the  high 
seas  or  anj^  other  waters  within  the  admiralty  and  maritime  jurisdic- 
tion of  the  United  States,  willfully  and  corruptly  casts  away  or  other- 
wise destroj's  any  vessel,  of  which  he  is  owner,  in  whole  or  in  part, 
with  intent  to  prejudice  any  person  that  maj^  underwrite  any  policy 
of  insurance  thereon,  or  any  merchant  that  may  have  goods  thereon, 
or  any  other  owner  of  such  vessel,  shall  be  imprisoned  for  life  or 
for  any  term  of  years.  (R.S.  sec.  5365;  Aug.  6,  1894,  ch.  227,  sec. 
1,  28  Stat.  233;  Mar.  4,  1909,  ch.  321,  sec.  300,  35  Stat.  1147.) 

492.  Same;  other  person. — Whoever,  not  being  an  owner,  upon 
the  high  seas  or  on  any  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  willfully  and  corruptly  casts 
away  or  otherwise  destroys  any  vessel  of  the  United  States  to  which 
he  belongs,  or,  v/illfully,  with  intent  to  destroy  the  same,  sets  fire  to 
any  such  vessel,  or  otherw^ise  attempts  the  destruction  thereof,  shall 
be  imprisoned  not  more  than  ten  years.  (R.S.  sees.  5366,  5367;  Aug. 
6,  1894,  ch.  227,  sec.  2,  28  Stat.  233 ;  Mar.  4,  1909,  ch.  321.  sec.  301, 
35  Stat.  1147.) 

493.  Robbery  on  shore  by  piratical  crew. — Whoever,  being  en- 
gaged in  any  piratical  cruise  or  enterprise,  or  being  of  the  crew  of 
any  piratical  vessel,  lands  from  such  vessel,  and  on  shore  commits 
robber}'^,  is  a  pirate,  and  shall  be  imprisoned  for  life.  (R.S.  sec. 
5371;  Jan.  15,  1897,  ch.  29,  sec.  2,  29  Stat.  487;  Mar.  4,  1909,  ch.  321, 
sec.  302,  35  Stat.  1147. 

494.  Arming  vessel  to  cruise  against  citizens;  trials. — Whoever, 

being  a  citizen  of  the  United  States,  without  the  limits  thereof,  fits 
out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures  to  be  fitted 
out  and  armed,  or  knowingly  aids  or  is  concerned  in  furnishing,  fit- 
ting out,  or  arming,  any  private  vessel  of  war  or  privateer,  with 
intent  that  such  vessel  shall  be  employed  to  cruise  or  commit  hostili- 
ties upon  the  citizens  of  the  United  States  or  their  property,  or 
whoever  takes  the  command  of  or  enters  on  board  of  any  such  vessel, 

944 


GENERAL  LAWS  [T.  18,  §  499 

for  such  intent,  or  who  purchases  any  interest  in  any  such  vessel  with 
a  view  to  sliare  in  the  profits  thereof,  shall  be  fined  not  more  than 
$10,000  and  imprisoned  not  more  than  ten  years.  The  trial  for  such 
offense,  if  committed  without  the  limits  of  the  United  States,  shall 
be  in  the  district  in  which  the  offender  shall  be  apprehended  or  first 
brouiiht.  (U.S.  sec.  5324;  Mar.  4,  1909,  ch.  321,  sec.  303,  35  Stat. 
1147.) 

495.  Piracy  under  color  of  foreign  commission. — Whoever,  being 
a  citizen  of  the  United  States,  commits  any  murder  or  robbery,  or 
any  act  of  hostility  against  the  United  States,  or  against  any  citizen 
thereof,  on  the  high  seas,  under  color  of  any  commission  from  any 
foreign  prince,  or  State,  or  on  pretense  of  authority  from  any 
person,  is,  notwithstanding  the  pretense  of  such  authority,  a  pirate, 
and  shall  be  imprisoned  for  life.  (R.S.  sec.  5373;  Jan.  15,  1897,  ch. 
29,  sec.  2,  29  Stat.  487;  Mar.  4,  1909,  ch.  321,  sec.  304,  35  Stat.  1147.) 

496.  Piracy  by  aliens. — Whoever,  being  a  citizen  or  subject  of  any 
foreign  State,  is  found  and  taken  on  the  sea  making  war  upon  the 
United  States,  or  cruising  against  the  vessels  and  property  thereof, 
or  of  the  citizens  of  the  same,  contrary  to  the  provisions  of  any 
treaty  existing  between  the  United  States  and  the  State  of  which  the 
offender  is  a  citizen  or  subject,  when  by  such  treaty  such  acts  are 
declared  to  be  piracy,  is  guilty  of  piracy,  and  shall  be  imprisoned 
for  life.  (R.S.  sec.  5374;  Jan.  15,  1897,  ch.  29,  sec.  2,  29  Stat.  487; 
Mar.  4,  1909,  ch.  321,  sec.  305,  35  Stat.  1147.) 

497.  Running  away  with  or  yielding  up  vessel  or  cargo. — Wlio- 
ever,  being  a  captain  or  other  officer  or  mariner  of  a  vessel  upon  the 
high  seas  or  on  any  other  waters  within  the  admiralty  and  maritime 
jurisdiction  of  the  United  States,  piratically  or  feloniously  runs 
away  with  such  vessel,  or  Avith  any  goods  or  merchandise  thereof, 
to  the  value  of  $50,  or  who  yields  up  such  vessel  voluntarily  to  any 
pirate,  shall  be  fined  not  more  than  $10,000,  or  imprisoned  not  more 
than  ten  vears,  or  both.  (R.S.  sec.  5383;  Mar.  4,  1909,  ch.  321,  sec. 
306,  35  Stat.  1148.) 

498.  Confederating  v/ith  pirates;  confining  master. — Whoever 
attempts  or  endeavors  to  corrupt  any  commander,  master,  officer,  or 
mariner  to  yield  up  or  run  away  with  any  vessel,  or  with  any  goods, 
wares,  or  merchandise,  or  to  turn  pirate  or  to  go  over  to  or  confed- 
erate with  pirates,  or  in  any  wise  to  trade  with  any  pirate,  knowing 
him  to  be  such,  or  furnishes  such  pirate  with  any  ammunition,  stores, 
or  provisions  of  any  kind,  or  fits  out  an}^  vessel  knowingly  and,  with 
a  design  to  trade  with,  supply,  or  correspond  with  any  pirate  or 
robber  upon  the  seas;  or  whoever  consults,  combines,  confederates, 
or  corresponds  with  any  pirate  or  robber  upon  the  seas,  knowing 
him  to  be  guilty  of  any  piracy  or  robbery;  or  whoever,  being  a 
seaman,  confines  the  master  of  any  vessel,  shall  be  fined  not  more  than 
$1,000  and  imprisoned  not  more  than  three  years.  (R.S.  sec.  5384; 
Mar.  4,  1909,  ch.  321,  sec.  307,  35  Stat.  1148.) 

499.  Selling  arms  or  intoxicants  in  Pacific  islands ;  medicinal  use 
of  spirits. — Whoever,  being  subject  to  the  authority  of  the  United 
States,  shall  give,  sell,  or  otherwise  supply  any  arms,  ammunition, 

945 


T.  18,  §  500]  GENERAL  LAW 8 

explosive  substance,  intoxicating  liquor,  or  opium  to  any  aboriginal 
native  of  any  of  the  Pacific  islands  lying  within  the  twentieth  paral- 
lel of  north  latitude  and  the  fortieth  parallel  of  south  latitude,  and 
the  one  hundred  and  twentieth  meridian  of  longitude  west  and  one 
hundred  and  twentieth  meridian  of  longitude  east  of  Greenwich, 
not  being  in  the  possession  or  under  the  protection  of  any  civilized 
power,  shall  be  fined  not  more  than  $50,  or  imprisoned  not  more  than 
three  months,  or  both.  In  addition  to  such  punishment,  all  articles 
of  a  similar  nature  to  those  in  respect  to  which  an  offense  has  been 
committed,  found  in  the  possession  of  the  offender,  may  be  declared 
forfeited.  If  it  shall  appear  to  the  court  that  such  opium,  wine,  or 
spirits  have  been  given  bona  fide  for  medical  purposes,  it  shall  be 
laAvful  for  the  court  to  dismiss  the  charge.  (Feb.  14,  1902,  ch.  18, 
sees.  1,  2,  32  Stat.  33;  Mar.  4,  1909,  ch.  321,  sec.  308,  35  Stat.  1148.) 

500.  Offenses  deemed  on  high  seas. — All  offenses  against  the  pro- 
visions of  the  section  last  preceding,  committed  on  any  of  said  islands 
or  on  the  waters,  rocks,  or  keys  adjacent  thereto,  shall  be  deemed  com- 
mitted on  the  high  seas  on  board  a  merchant  ship  or  vessel  belonging 
to  the  United  States,  and  the  courts  of  the  United  States  shall  have 
jurisdiction  accordingly.  (Feb.  14,  1902,  ch.  18,  sec.  3,  32  Stat.  33; 
Mar.  4,  1909,  ch.  321,  sec.  309,  35  Stat.  1148.) 

501.  "Vessel  of  the  United  States  "  defined. — The  words  "  vessel 
of  the  United  States  ",  wherever  they  occur  in  this  chapter,  shall  be 
construed  to  mean  a  vessel  belonging  in  whole  or  in  part  to  the  United 
States,  or  any  citizen  thereof,  or  any  corporation  created  by  or  under 
the  laws  of  the  United  States,  or  of  any  State,  Territory,  or  District 
thereof.    (Mar.  4,  1909,  ch.  321,  sec.  310,  35  Stat.  1148.) 

502.  Injuring  vessels  engaged  in  foreign  commerce. — Wlioever 

shall  set  fire  to  any  vessel  of  foreign  registry,  or  any  vessel  of  Amer- 
ican registry  entitled  to  engage  in  commerce  with  foreign  nations,  or 
to  any  vessel  of  the  United  States  as  defined  in  section  501  of  this 
title,  or  to  the  cargo  of  the  same,  or  shall  tamper  with  the  motive 
power  or  instrumentalities  of  navigation  of  such  vessel,  or  shall 
place  bombs  or  explosives  in  or  upon  such  vessel,  or  shall  do  any 
other  act  to  or  upon  such  vessel  while  within  the  jurisdiction  of 
the  United  States,  or,  if  such  vessel  is  of  American  registry,  while 
she  is  on  the  high  sea,  with  intent  to  injure  or  endanger  the  safety  of 
the  vessel  or  of  her  cargo,  or  of  persons  on  board,  whether  the  injury 
or  danger  is  so  intended  to  take  place  within  the  jurisdiction  of  the 
United  States,  or  after  the  vessel  shall  have  departed  therefrom ;  or 
whoever  shall  attempt  or  conspire  to  do  any  such  acts  with  such 
intent,  shall  be  fined  not  more  than  $10,000,  or  imprisoned  not  more 
than  twenty  years,  or  both.  The  term  "  United  States  ",  as  used  in 
this  section,  includes  the  Canal  Zone  and  all  territory  and  waters,  con- 
tinental or  insular,  subject  to  the  jurisdiction  of  the  United  States. 
(June  15,  1917,  ch.  30,  title  III,  sec.  1,  40  Stat.  221;  June  15,  1917,  ch. 
30,  title  XIII,  sec.  1,  40  Stat.  231.) 

Cross-Refekencb 

Jurisdiction  of  district  court  in  Canal  Zone  over  offenses  under  this  section, 
see  section  574  of  this  title. 

946 


GENERAL  LAWS  [T.  18.  §  (Jll 

CHArTEU  14— SAVING  PROVISIONS 

Section  535.  Offenses  prior  to  date  of  certain  sections. — Offenses 
committed  and  penalties,  forfeitures,  or  liabilities  incun-ed  prior  to 
June  15,  1917,  under  any  law  embraced  in,  or  changed,  modified,  or 
repealed  by,  sections  25,  27,  31  to  39,  98,  130  to  133,  288,  343  to  346, 
349,  381,  502,  536,  574,  and  611  to  033  of  this  title,  sections  213,  220  to 
222,  231  to  235,  and  238  to  245  of  Title  22,  and  sections  31  to  42  and 
191  to  194  of  Title  50,  may  be  prosecuted  and  punished,  and  suits  and 
proceedings  for  causes  arising  or  acts  done  or  committed  prior  to  said 
date  may  be  commenced  and  prosecuted,  in  the  same  manner  and  with 
the  same  effect  as  if  said  sections  had  not  been  passed.  (June  15, 
1917,  ch.  30,  title  XIII,  sec.  3,  40  Stat.  231.) 

536.  Partial  invalidity  of  certain  sections. — If  any  clause,  sen- 
tence, paragraph  or  part  of  the  sections  enumerated  in  section  535  of 
this  title  shall  for  any  reason  be  adjudged  by  any  court  of  competent 
jurisdiction  to  be  invalid,  such  judgment  shall  not  affect,  impair,  or 
invalidate  the  remainder  thereof  but  shall  be  confined  in  its  operation 
to  the  clause,  sentence,  or  paragraph  thereof  directly  involved  in  the 
controversy  in  which  such  judgment  shall  have  been  rendered.  (June 
15, 1917,  ch.  30,  title  XIII,  sec.  4,  40  Stat.  231.) 

CHAPTER    15.— GENERAL    PROVISIONS    (CRIMINAL    PROCEDURE) 

Section  574.  Jurisdiction  of  offenses  under  certain  sections. — 

The  several  courts  of  first  instance  in  the  Philippine  Islands  and 
the  district  court  of  the  Canal  Zone  shall  have  jurisdiction  of  offenses 
under  sections  25,  27,  31  to  38,  98,  130  to  132,  343  to  345,  381,  502, 
and  611  to  633  of  this  title  and  sections  213,  220  to  222,  231  to  234, 
and  238  to  245  of  Title  22,  committed  within  their  respective  dis- 
tricts, and  concurrent  jurisdiction  with  the  district  courts  of  the 
United  States  of  offenses  under  said  sections  committed  upon  the 
high  seas,  and  of  conspiracies  to  commit  such  offenses,  as  defined 
by  section  88  of  this  title,  and  the  provisions  of  section  88  of  this 
title,  for  the  purpose  of  the  sections  hereinbefore  enumerated,  are 
hereby  extended  to  the  Philippine  Islands  and  to  the  Canal  Zone.  In 
such  cases,  the  district  attorneys  of  the  Philippine  Islands  and  of 
the  Canal  Zone  shall  have  the  powers  and  perform  the  duties  pro- 
vided in  the  sections  hereinbefore  enumerated  for  United  States 
attorneys.    (June  15,  1917,  ch.  30,  title  XIII,  sec.  2,  40  Stat.  231.) 

Ceoss-Refeeence 
See  also  section  39  of  this  title,  and  section  39  of  title  50. 

CHAPTER  18.— SEARCH   WARRANT 
Cross-References 

"  United   States ",   as  used  in  this  chapter,  includes  the  Canal  Zone,   see 
section  632  of  this  title. 
Jurisdiction  of  offenses  under  this  chapter,  see  section  574  of  this  title. 

Section  611.  Authority  to  issue. — A  search  warrant  authorized 
by  this  chapter  may  be  issued  by  a  judge  of  a  United  States  district 

947 


T.  18,  §  612]  GENERAL  LAWS 

court,  or  by  a  judge  of  a  State  or  Territorial  court  of  record,  or  by 
a  United  States  commissioner  for  the  district  wherein  the  property 
sought  is  located.  (June  15,  1917,  ch.  30,  title  XI,  sec.  1,  40  Stat. 
228.) 

612.  Grounds  for  issue. — A  search  warrant  may  be  issued  under 
this  chapter  upon  either  of  the  following  grounds: 

1.  When  the  property  was  stolen  or  embezzled  in  violation  of  a 
law  of  the  United  States;  in  which  case  it  may  be  taken  on  the 
warrant  from  any  house  or  other  place  in  which  it  is  concealed,  or 
from  the  possession  of  the  person  by  whom  it  was  stolen  or  embez- 
zled, or  from  any  person  in  whose  possession  it  may  be. 

2.  When  the  property  was  used  as  the  means  of  committing  a 
felony;  in  which  case  it  may  be  taken  on  the  warrant  from  any 
house  or  other  place  in  which  it  is  concealed,  or  from  the  possession 
of  the  person  by  whom  it  was  used  in  the  commission  of  the  offense, 
or  from  any  person  in  whose  possession  it  may  be. 

3.  When  the  property,  or  any  paper,  is  possessed,  controlled,  or 
used  in  violation  of  section  98  of  this  title;  in  which  case  it  may  be 
taken  on  the  warrant  from  the  person  violating  said  section,  or 
from  any  person  in  whose  possession  it  may  be,  or  from  any  house 
or  other  place  in  which  it  is  concealed.  (June  15,  1917,  ch.  30,  title 
XI,  "sec.  2,  40  Stat.  228.) 

613.  Probable  cause  and  affidavit. — A  search  warrant  cannot  be 
isued  but  upon  probable  cause,  supported  by  affidavit,  naming  or 
describing  the  person  and  particularly  describing  the  property  and 
the  place  to  be  searched.  (June  15,  1917,  ch.  30,  title  XI,  sec.  3, 
40  Stat.  228.) 

614.  Examination  of  applicant  and  witnesses. — The  judge  or 
commissioner  must,  before  issuing  the  warrant,  examine  on  oath  the 
complainant  and  any  witness  he  may  produce,  and  require  their 
affidavits  or  take  their  depositions  in  writing  and  cause  them  to  be 
subscribed  by  the  parties  making  them.  (June  15,  1917,  ch.  30,  title 
XI,  sec.  4,  40  Stat.  228.) 

615.  Affidavits  and  depositions. — The  affidavits  or  depositions 
must  set  forth  the  facts  tending  to  establish  the  grounds  of  the  appli- 
cation or  probable  cause  for  believing  that  they  exist.  (June  15, 
1917,  ch.  30,  title  XI,  sec.  5,  40  Stat.  228.) 

616.  Issue  and  contents  of  warrant. — If  the  judge  or  commis- 
sioner is  thereupon  satisfied  of  the  existence  of  the  grounds  of  the 
application  or  that  there  is  probable  cause  to  believe  their  existence, 
he  must  issue  a  search  warrant,  signed  by  him  with  his  name  of  office, 
to  a  civil  officer  of  the  United  States  duly  authorized  to  enforce  or 
assist  in  enforcing  any  law  thereof,  or  to  a  person  so  duly  authorized 
by  the  President  of  the  United  States,  stating  the  particular  grounds 
or  probable  cause  for  its  issue  and  the  names  of  the  persons  whose 
affidavits  have  been  taken  in  sui)i)()rt  thereof,  and  commanding  him 
forthwith  to  search  the  person  or  place  named,  for  the  property  speci- 
jfied,  and  to  bring  it  before  the  judge  or  commissioner.  (June  15, 
1917,  ch.  30,  title  XI,  sec.  6,  40  Stat.  229.) 

948 


OENERAL  LAWS  [T.  18,  §  624 

617.  Service. — A  searcli  "warrant  may  in  all  cases  be  served  by 
any  of  the  ofTicers  mentioned  in  its  direction,  but  by  no  other  person, 
except  in  aid  of  the  officer  on  his  requirino;  it,  he  beinf^  present  and 
acting  in  its  execution.  (June  15,  1917,  eh.  30,  title  XI,  sec.  7,  40 
Stat.  229.) 

618.  Same;  breaking  and  entering. — The  officer  may  break  open 
any  outer  or  inner  door  or  window  of  a  house,  or  any  part  of  a  house, 
or  anything  therein,  to  execute  the  warrant,  if,  after  notice  of  his 
authoritv  and  purpose,  he  is  refused  admittance.  (June  15,  1917, 
ch.  30,  title  XI,  sec.  8,  40  Stat.  229.) 

619.  Same;  breaking  and  entering  to  liberate  detained  person 
aiding  in  execution  of  warrant. — He  may  break  open  any  outer  or 
inner  door  or  window  of  a  house  for  the  purpose  of  liberating  a 
person  who,  having  entered  to  aid  him  in  the  execution  of  the  war- 
rant, is  detained  therein,  or  when  necessarj^  for  his  own  liberation. 
(June  15, 1917,  ch.  30,  title  XI,  sec.  9,  40  Stat.  229.) 

620.  Same;  daytime. — The  judge  or  commissioner  must  insert  a 
direction  in  the  warrant  that  it  be  served  in  the  daytime,  unless  the 
affidavits  are  positive  that  the  property  is  on  the  person  or  in  the 
place  to  be  searched,  in  which  case  he  may  insert  a  direction  that  it  be 
136  served  at  any  time  of  the  dav  or  night.  (June  15,  1917,  ch.  30, 
Title  XI,  sec.  10,  40  Stat.  229.) 

621.  Time  for  execution  and  return  of  warrant. — A  search  war- 
rant must  be  executed  and  returned  to  the  judge  or  commissioner  who 
issued  it  within  ten  days  after  its  date;  after  the  expiration  of  this 
time  the  warrant,  unless  executed,  is  void.  (June  15,  1917,  ch.  30, 
title  XI,  sec.  11,  40  Stat.  229.) 

622.  Copy  of  warrant  and  receipt  for  property  taken  to  person 
from  whom  taken. — When  the  officer  takes  property  under  the  war- 
rant, he  must  give  a  copy  of  the  warrant  together  with  a  receipt  for 
the  property  taken  (specifying  it  in  detail)  to  the  person  from  whom 
it  was  taken  by  him,  or  in  whose  possession  it  was  found;  or,  in  the 
absence  of  any  person,  he  miist  leave  it  in  the  place  where  he  found 
the  property."    (June  15,  1917,  ch.  30,  title  XI,  sec.  12,  40  Stat.  229.) 

623.  Return;  contents. — The  officer  must  forthwith  return  the 
warrant  to  the  judge  or  commissioner  and  deliver  to  him  a  written 
inventory  of  the  property  taken,  made  publicly  or  in  the  presence  of 
the  person  from  whose  possession  it  was  taken,  and  of  the  applicant 
for  the  warrant,  if  they  are  present,  verified  by  the  affidavit  of  the 
officer  at  the  foot  of  the  inventory  and  taken  before  the  judge  or 
commissioner  at  the  time,  to  the  following  effect:  "I,  R.  S.,  the 
officer  by  whom  this  warrant  was  executed,  do  swear  that  the  above 
inventory  contains  a  true  and  detailed  account  of  all  the  property 
taken  by  me  on  the  warrant."  (June  15,  1917,  ch.  30,  title  XI,  sec. 
13,  40  Stat.  229.) 

624.  Copy  of  inventory  for  person  from  whom  property  taken. — 

The  judge  or  commissioner  must  thereupon,  if  required,  deliver  a 
copy  of  the  inventory  to  the  person  from  whose  possession  the  prop- 

949 


T.  18,  §  625]  GENERAL  LAWS 

erty  was  taken  and  to  the  applicant  for  the  warrant.  (June  15, 
1917,  ch.  30,  title  XI,  sec.  14,  40  Stat.  229.) 

625.  Taking  testimony. — If  the  grounds  on  which  the  warrant 
was  issued  be  controverted,  the  judge  or  commissioner  must  proceed 
to  take  testimony  in  relation  thereto,  and  the  testimony  of  each  wit- 
ness must  be  reduced  to  writing  and  subscribed  by  each  witness. 
(June  15,  1917,  ch.  30,  title  XI,  sec.  15,  40  Stat.  229.) 

626.  Restoration  of  property  taken;  retention  of  custody  of 
property  by  officer  or  other  disposition. — If  it  appears  that  the 
property  or  paper  taken  is  not  the  same  as  that  described  in  the  war- 
rant or  that  there  is  no  probable  cause  for  believing  the  existence 
of  the  grounds  on  which  the  warrant  was  issued,  the  judge  or  com- 
missioner must  cause  it  to  be  restored  to  the  person  from  whom  it 
was  taken ;  but  if  it  appears  that  the  property  or  paper  taken  is  the 
same  as  that  described  in  the  warrant  and  that  there  is  probable 
cause  for  believing  the  existence  of  the  grounds  on  which  the  warrant 
was  issued,  then  the  judge  or  commissioner  shall  order  the  same 
retained  in  the  custody  of  the  person  seizing  it  or  to  be  otherwise 
disposed  of  according  to  law.  (June  15,  1917,  ch.  30,  title  XI,  sec. 
16,  40  Stat.  229.) 

627.  Filing  papers  with  clerk  of  court  having  jurisdiction. — The 

judge  or  commissioner  must  annex  the  affidavits,  search  warrant,  re- 
turn, inventory,  and  evidence,  and  if  he  has  not  power  to  inquire 
into  the  offense  in  respect  to  which  the  warrant  was  issued  he  must 
at  once  file  the  same,  together  with  a  copy  of  the  record  of  his  pro- 
ceedings, with  the  clerk  of  the  court  having  power  to  so  inquire. 
(June  15, 1917,  ch.  30,  title  XI,  sec.  17,  40  Stat.  230.) 

628.  Obstructing  service  or  execution, — Whoever  shall  knowingly 
and  willfully  obstruct,  resist,  or  oppose  any  such  officer  or  person  in 
serving  or  attempting  to  serve  or  execute  any  such  search  warrant, 
or  shall  assault,  beat,  or  wound  any  such  officer  or  person,  Imowing 
him  to  be  an  officer  or  person  so  authorized,  shall  be  fined  not  more 
than  $1,000  or  imprisoned  not  more  than  two  years.  (June  15,  1917, 
ch.  30,  title  XI,  sec.  18,  40  Stat.  230.) 

629.  Perjury  and  subornation  of  perjury. — Sections  231  and  232 
of  this  title  shall  apply  to  and  embrace  all  persons  making  oath 
or  affirmation  or  procuring  the  same  under  the  provisions  of  this 
chapter,  and  such  persons  shall  be  subject  to  all  the  pains  and  penal- 
ties of  said  sections.  (June  15,  1917,  ch.  30,  title  XI,  sec.  19,  40  Stat. 
230.) 

630.  Maliciously  procuring  issue. — A  person  who  maliciously  and 
without  probable  cause  procures  a  search  warrant  to  be  issued  and 
executed  shall  be  fined  not  more  than  $1,000  or  imprisoned  not  more 
than  one  year.    (June  15, 1917,  ch.  30,  title  XI,  sec.  20,  40  Stat.  230.) 

Ckoss-Reference 
Maliciously  procuring  issue,  see  also  Canal  Zone  Code,  title  5,  section  171. 

631.  Officer  exceeding  authority. — An  officer  who  in  executing  a 
search  warrant  willfully  exceeds  his  authority,  or  exercises  it  with 

950 


GENERAL  LAW8  [T.  18,  §  652 

unnecessary  severity,  shall  be  fined  not  more  than  $1,000  or  impris- 
oned not  more  than  one  year.  (June  15, 1917,  ch.  30,  title  XI,  sec.  21, 
40  Stat.  230.) 

632.  "United  States"  defined.— The  term  "United  States",  as 
used  in  sections  611  to  G31  of  this  title,  includes  the  Canal  Zone  and 
all  territory  and  waters,  continental  or  insular,  subject  to  the  juris- 
diction of  the  United  States.  (June  15,  1917,  ch.  30,  title  XIII,  sec.  1. 
40  Stat.  231.) 

633.  Existing  laws  not  repealed. — Nothing  contained  in  this 
chapter  shall  be  held  to  repeal  or  impair  any  existing  provisions  of 
law  regulating  search  and  the  issue  of  search  warrants.  (June  15, 
1917,  ch.  30,  title  XI,  sec.  23,  40  Stat.  230.) 

CHAPTER   20.— EXTRADITION 

Note. — See  Cannl  Zone  Code,  title  6,  section  S61,  extending  to  the  Canal 
Zone  tlie  extradition  laws  in  force  in  the  United  States  and  rendering  the 
Canal  Zone  an  organized  Territory  for  such  purposes. 

Respecting  the  preliminary  arrest  and  detention  of  fugitives  in  the  Canal 
Zone,  see  Canal  Zone  Code,  title  6,  sections  862  to  869. 

Respecting  the  extradition  of  fugitives  from  the  justice  of  the  Republic 
of  Panama  who  tnke  refuge  in  the  Canal  Zone,  see  Canal  Zone  Code,  title  6, 
sections  881  to  892. 

Section  651.  Fugitives  from  foreign  country. — Whenever  there 
is  a  treaty  or  convention  for  extradition  between  the  Government 
of  the  United  States  and  any  foreign  government,  any  justice  of 
the  Supreme  Court,  circuit  judge,  district  judge,  or  commissioner, 
authorized  so  to  do  by  any  of  the  courts  of  the  United  States,  or 
judge  of  a  court  of  record  of  general  jurisdiction  of  any  State,  may, 
upon  complaint  made  under  oath,  charging  any  person  found  within 
the  limits  of  any  State,  District,  or  Territory,  with  having  com- 
mitted within  the  jurisdiction  of  any  such  foreign  government  any 
of  the  crimes  provided  for  by  such  treaty  or  convention,  issue  his 
warrant  for  the  apprehension  of  the  person  so  charged,  that  he  may 
be  brought  before  such  justice,  judge,  or  commissioner,  to  the  end 
that  the  evidence  of  criminality  may  be  heard  and  considered.  If, 
on  such  hearing,  he  deems  the  evidence  sufficient  to  sustain  the 
charge  under  the  provisions  of  the  proper  treaty  or  convention,  he 
shall  certify  the  same,  together  with  a  copy  of  all  the  testimony 
taken  before  him,  to  the  Secretary  of  State,  that  a  warrant  may 
issue  upon  the  requisition  of  the  proper  authorities  of  such  foreign 
government,  for  the  surrender  of  such  person,  according  to  the  stipu- 
lations of  the  treaty  or  convention;  and  he  shall  issue  his  warrant 
for  the  commitment  of  the  person  so  charged  to  the  proper  jail, 
there  to  remain  until  such  surrender  shall  be  made.  (R.S.  sec. 
5270;  June  6,  1900,  ch.  793,  31  Stat.  656.) 

652.  Fugitives  from  country  under  control  of  United  States. — 

Whenever  any  foreign  country  or  territory,  or  any  part  thereof,  is 
occupied  by  or  under  the  control  of  the  United  States,  any  person 
who  shall  violate,  or  who  has  violated,  the  criminal  laws  in  force 
therein,  by  the  commission  of  any  of  the  following  offenses :  Murder 
and  assault  with  intent  to  commit  niurder;  counterfeiting  or  altering 

951 


T.  IS,  §  653J  GENERAL  LAWS 

money,  or  uttering  or  bringing  into  circulation  counterfeit  or  altered 
money;  counterfeiting  certificates  or  coupons  of  public  indebted- 
ness, bank  notes,  or  other  instruments  of  public  credit,  and  the  utter- 
ance or  circulation  of  the  same;  forgery  or  altering,  and  uttering 
what  is  forged  or  altered;  embezzlement  or  criminal  malversation 
of  the  public  funds,  committed  by  public  officers,  employees,  or  de- 
positaries; larceny  or  embezzlement  of  an  amount  not  less  than  $100 
in  value ;  robbery ;  burglary,  defined  to  be  che  breaking  and  entering 
by  nighttime  into  the  house  of  another  person  with  intent  to  commit 
a  felony  therein ;  and  the  act  of  breaking  and  entering  the  house  or 
building  of  another,  whether  in  the  day  or  night  time,  with  the 
intent  to  commit  a  felony  therein;  the  act  of  entering,  or  of  break- 
ing and  entering  the  offices  of  the  Government  and  public  authorities, 
or  the  offices  of  banks,  banking  houses,  savings  banks,  trust  com- 
panies, insurance  or  other  companies,  with  the  intent  to  commit  a 
felon}^  therein;  perjury  or  the  subornation  of  perjury;  rape;  arson; 
piracy  by  the  law  of  nations;  murder,  assault  with  intent  to  kill, 
and  manslaughter,  committed  on  the  high  seas,  on  board  a  ship 
owned  by  or  in  control  of  citizens  or  residents  of  such  foreign 
country  or  territory  and  not  under  the  flag  of  the  United  States,  or 
of  some  other  government;  malicious  destruction  of  or  attempt  to 
destroy  railways,  trams,  vessels,  bridges,  dwellings,  public  edifices, 
or  otiier  buildings,  when  the  act  endangers  human  life,  and  who 
shall  depart  or  flee,  or  who  has  departed  or  fled,  from  justice  therein 
to  the  United  States,  any  Territory  thereof,  or  to  the  District  of 
Columbia,  shall,  when  found  therein,  be  liable  to  arrest  and  detention 
by  the  authorities  of  the  United  States,  and  on  the  written  request 
or  requisition  of  the  military  governor  or  other  chief  executive 
officer  in  control  of  such  foreign  country  or  territory  shall  be  re- 
turned and  surrendered  as  hereinafter  provided  to  such  authorities 
for  trial  under  the  laws  in  force  in  the  place  where  such  offense  was 
committed.  All  the  provisions  of  sections  651,  653  to  655  and  658 
to  661  of  this  title,  so  far  as  applicable,  shall  govern  proceedings 
authorized  by  this  section.  Such  proceedings  shall  be  had  before  a 
judge  of  the  courts  of  the  United  States  only,  who  shall  hold  such 
person  on  evidence  establishing  probable  cause  that  he  is  guilty  of 
the  offense  charged.  No  return  or  surrender  shall  be  made  of  any 
person  charged  with  the  commission  of  any  offense  of  a  political 
nature.  If  so  held  such  person  shall  be  returned  and  surrendered 
to  the  authorities  in  control  of  such  foreign  country  or  territory 
on  the  order  of  the  Secretary  of  State  of  the  United  States,  and  such 
authorities  shall  secure  to  such  a  person  a  fair  and  impartial  trial. 
(E.S.  sec.  5270;  June  6,  1900,  ch.  793,  31  Stat.  656.) 

653.  Surrender  of  fugitive. — It  shall  be  lawful  for  the  Secretary 

of  State,  under  his  hand  and  seal  of  office,  to  order  the  person  so 
committed  to  be  delivered  to  su;h  person  as  shall  be  authorized, 
in  the  name  and  on  behalf  of  such  foreign  government,  to  be  tried 
for  the  crime  of  Avhich  such  person  shall  be  so  accused,  and  such 
person  shall  be  delivered  up  accordingly;  and  it  shall  be  lawful  for 
the  person  so  authorized  to  hold  such  person  in  custody,  and  to 
take  him  to  the  territory  of  such  foreign  government,  pursuant 
to  such  treaty.     If  the  person  so  accused  shall  escape  out  of  any 

952 


GENERAL  LAWS  [T.  18,  §  657 

custody  to  which  he  shall  be  committed,  or  to  which  he  shall  be 
delivered,  it  shall  be  lawful  to  retake  such  person  in  the  same  manner 
as  any  person  accused  of  any  crime  against  the  laws  in  force  in  that 
part  of  the  United  States  to  which  he  shall  so  escape,  may  be  retaken 
on  an  escape.  (U.S.  sec.  5272.) 

654.  Time  allowed  for  extradition. — Whenever  any  person  who 
is  committed  under  this  chapter  or  any  treaty,  to  remain  until 
delivered  up  in  pursuance  of  a  requisition,  is  not  so  delivered  up 
and  conveyed  out  of  the  United  States  within  two  calendar  months 
after  such  commitment,  over  and  above  the  time  actually  required 
to  convey  the  prisoner  from  the  jail  to  which  he  was  committed,  by 
the  readiest  way,  out  of  the  United  States,  it  shall  be  lawful  for 
any  judge  of  the  United  States,  or  of  any  State,  upon  application 
made  to  him  by  or  on  behalf  of  the  person  so  committed,  and  upon 
proof  made  to  him  that  reasonable  notice  of  the  intention  to  make 
such  application  has  been  given  to  the  Secretary  of  State,  to  order 
the  person  so  committed  to  be  discharged  out  of  custody,  unless 
sufficient  cause  is  shown  to  such  judge  why  such  discharge  ought  not 
to  be  ordered.     (R.S.  sec.  5273.) 

655.  Evidence  on  hearing. — In  all  cases  where  any  depositions, 
warrants,  or  other  papers  or  copies  thereof  shall  be  offered  in 
evidence  upon  the  hearing  of  any  extradition  case  under  this  chapter, 
such  depositions,  warrants,  and  other  papers,  or  the  copies  thereof, 
shall  be  received  and  admitted  as  evidence  on  such  hearing  for  all 
the  purposes  of  such  hearing  if  they  shall  be  properly  and  legally 
authenticated  so  as  to  entitle  them  to  be  received  for  similar  pur- 
poses by  the  tribunals  of  the  foreign  country  from  which  the  accused 
party  shall  have  escaped,  and  the  certificate  of  the  principal  diplo- 
matic or  consular  officer  of  the  United  States  resident  in  such  foreign 
country  shall  be  proof  that  any  deposition,  warrant  or  other  paper 
or  copies  thereof,  so  offered,  are  authenticated  in  the  manner 
required.    (R.S.  sec.  5271;  Aug.  3,  1882,  ch.  378,  sec.  5,  22  Stat.  216.) 

656.  Witnesses  for  indigent  defendants. — On  the  hearing  of  any 
case  under  a  claim  of  extradition  by  any  foreign  government,  upon 
affidavit  being  filed  by  the  person  charged  setting  forth  that  there 
are  witnesses  whose  evidence  is  material  to  his  defense,  that  he  cannot 
safely  go  to  trial  without  them,  what  he  expects  to  prove  by  each 
of  them,  and  that  he  is  not  possessed  of  sufficient  means,  and  is 
actually  unable  to  pay  the  fees  of  such  witnesses,  the  judge  or 
commissioner  before  whom  such  claim  for  extradition  is  heard  may 
order  that  such  witnesses  be  subpoenaed ;  and  in  such  cases  the  costs 
incurred  by  the  process,  and  the  fees  of  witnesses,  shall  be  paid  in  the 
same  manner  that  similar  fees  are  paid  in  the  case  of  witnesses 
subpoenaed  in  behalf  of  the  United  States.  (Aug.  3,  1882,  ch.  378, 
sec.  3,  22  Stat.  215.) 

657.  Place  and  character  of  hearing. — All  hearings  in  cases  of 
extradition  under  treaty  stipulation  or  convention  shall  be  held  on 
land,  publicly,  and  in  a  room  or  office  easily  accessible  to  the  public. 
(Aug.  3,  1882,  ch.  378,  sec  1,  22  Stat.  215.) 

93083—34 61  953 


T.  18,  §  G5S]  GENERAL  LAWH 

658.  Continuance  of  provisions  limited. — The  provisions  of  this 
chapter  relating  to  the  surrender  of  persons  who  have  committed 
crimes  in  foreign  countries  shall  continue  in  force  during  the  exist- 
ence of  any  treaty  of  extradition  with  any  foreign  government,  and 
no  longer.     (K.S.  sec.  5274.) 

659.  Protection  of  accused. — Whenever  any  person  is  delivered 
by  any  foreign  government  to  an  agent  of  the  United  States,  for 
the  purpose  of  being  brought  within  the  United  States  and  tried 
for  any  crime  of  which  he  is  duly  accused,  the  President  shall  have 
power  to  take  all  necessary  measures  for  the  transportation  and  safe- 
keeping of  such  accused  person,  and  for  his  security  against  lawless 
violence,  until  the  final  conclusion  of  his  trial  for  the  crimes  or 
offenses  specified  in  the  warrant  of  extradition,  and  until  his  final 
discharge  from  custody  or  imprisonment  for  or  on  account  of  such 
crimes  or  offenses,  and  for  a  reasonable  time  thereafter,  and  may 
employ  such  portion  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia  thereof,  as  may  be  necessary  for  the  safe-keeping 
and  protection  of  the  accused.     (R..S.  sec.  5275.) 

660.  Agent  receiving  offenders;  powers. — Any  person  duly  ap- 
pointed as  agent  to  receive,  in  behalf  of  the  United  States,  the 
delivery,  by  a  foreign  government,  of  any  person  accused  of  crime 
committed  within  the  jurisdiction  of  the  United  States,  and  to 
convey  him  to  the  place  of  his  trial,  shall  have  all  the  powers  of  a 
marshal  of  the  United  States,  in  the  several  districts  through  which 
it  may  be  necessary  for  him  to  pass  with  such  prisoner,  so  far  as 
such  power  is  requisite  for  the  prisoner's  safe-keeping.  (U.S.  sec. 
5276.) 

661.  Same;  penalty  for  opposing. — Every  person  who  knowingly 
and  willfully  obstructs,  resists,  or  opposes  such  agent  in  the  execution 
of  his  duties,  or  who  rescues  or  attempts  to  rescue  such  prisoner, 
whether  in  the  custody  of  the  agent  or  of  any  officer  or  person  to 
whom  his  custody  has  lawfully  been  committed,  shall  be  punishable 
by  a  fine  of  not  more  than  $1,000,  and  by  imprisonment  for  not  more 
than  one  year.     (R.S.  sec.  5277.) 

662.  Fugitives  from  State  or  Territory. — Whenever  the  executive 
authority  of  any  State  or  Territory  demands  any  person  as  a 
fugitive  from  justice,  of  the  executive  authority  of  any  Stat€  or 
Territory  to  which  such  person  has  fled,  and  produces  a  copy  of  an 
indictment  found  or  an  affidavit  made  before  a  magistrate  of  any 
State  or  Territory,  charging  the  person  demanded  with  having 
committed  treason,  felony,  or  other  crime,  certified  as  authentic  by 
the  governor  or  chief  magistrate  of  the  State  or  Territory  from 
whence  the  person  so  charged  has  fled,  it  shall  be  the  duty  of  the 
executive  authority  of  the  State  or  Territory  to  which  such  person 
has  fled  to  cause  him  to  be  arrested  and  secured,  and  to  cause  notice 
of  the  arrest  to  be  given  to  the  executi\'e  autliority  making  such 
demand,  or  to  the  agent  of  such  authority  appointed  to  receive  the 
fugitive,  and  to  cause  the  fugitive  to  be  delivered  to  such  agent  when 
he  shall  appear.  If  no  such  agent  appears  within  six  months  from 
the  time  of  the  arrest,  the  prisoner  may  hQ  discharged.     All  costs  or 

954 


GENERAL  LAWS  [T.  18,  §  668 

expenses  incurred  in  the  apprehending,  securing,  and  transmitting 
such  fugitive  to  the  State  or  Territory  making  such  demand,  shall 
be  paid  by  such  State  or  Territory.     (K.S.  sec.  5278.) 

663.  Penalty  for  resisting  agent. — Any  agent  so  appointed  who 
receives  the  fugitive  into  his  custody  shall  be  empowered  to  trans- 
port him  to  the  State  or  Territory  from  which  he  has  fled.  And 
every  person  who,  by  force,  sets  at  liberty  or  rescues  the  fugitive 
from  such  agent  while  so  transporting  him,  shall  be  fined  not  more 
than  $500  or  imprisoned  not  more  than  one  year.     (R.S.  sec.  5279.) 

666.  Fugitives  from  Philippines. — The  provisions  of  sections  662 
and  663  of  this  title,  so  far  as  applicable,  shall  apply  to  the  Phil- 
ippine Islands,  which,  for  the  purposes  of  said  sections,  shall  be 
deemed  a  Territory  within  the  meaning  thereof.  (Feb.  9,  1903,  eh. 
529,  sec.  2,  32  Stat.  807.) 

667.  Fees  of  commissioners. — The  following  shall  be  the  fees 
paid  to  commissioners  in  cases  of  extradition  under  treaty  stipula- 
tion or  convention  between  the  Government  of  the  United  States  and 
any  foreign  government,  and  no  other  fees  or  compensation  shall  be 
allowed  to  or  received  by  them: 

For  administering  an  oath,  10  cents. 

For  taking  an  acknowledgment,  25  cents. 

For  taking  and  certifying  depositions  to  file,  20  cents  for  each  folio. 

For  each  copy  of  the  same  furnished  to  a  party  on  request,  10 
cents  for  each  folio. 

For  issuing  any  warrant  or  writ,  and  for  any  other  service,  the 
same  compensation  as  is  allowed  clerks  for  like  services. 

For  issuing  any  warrant  under  the  tenth  article  of  the  treaty  of 
August  9,  1842,  between  the  United  States  and  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  against  any  person 
charged  with  any  crime  or  offense  as  set  forth  in  said  article,  $2. 

For  issuing  any  warrant  under  the  provision  of  the  convention  for 
the  surrender  of  criminals  between  the  United  States  and  the  King 
of  the  French  concluded  at  Washington  November  9,  1843,  $2. 

For  hearing  and  deciding  upon  the  case  of  any  person  charged 
with  any  crime  or  offense,  and  arrested  under  the  provisions  of  said 
treaty  or  convention  or  of  any  treaty  or  convention,  $5  a  day  for  the 
time  necessarily  employed  (Aug.  3,  1882,  ch.  378,  sec.  2,  22  Stat.  215; 
May  28,  1896,  ch.  252,  sec.  21,  29  Stat.  184.) 

Note. — Except  for  the  kist  three  sentences  this  section  appears  to  have  been 
superseded  by  Act  May  28,  1896,  ch.  252,  sec.  21,  29  Stat.  184,  incorporated  in 
sections  529  and  597  of  title  28. 

668.  Payment  of  fees  and  costs. — All  witness  fees  and  costs 
of  every  nature  in  cases  of  extradition,  including  the  fees  of 
the  commissioner,  shall  be  certified  by  the  judge  or  commissioner 
before  whom  the  hearing  shall  take  place  to  the  Secretary  of  State  of 
the  United  States,  and  the  same  shall  be  paid  out  of  the  appropria- 
tions to  defray  the  expenses  of  the  judiciary.  The  Attorney  General 
shall  certify  to  the  Secretary  of  State  the  amounts  to  be  paid  to 
the  United  States  on  account  of  said  fees  and  costs  in  extradition  cases 
by  the  foreign  government  requesting  the  extradition,  and  the  Sec- 

955 


T.  18,  §  669]  GENERAL  LAWS 

retary  of  State  shall  cause  said  amounts  to  be  collected  and  trans- 
mitted to  the  Attorney  General  for  deposit  in  the  Treasury  of  the 
United  States.  (Aug.  3,  1882,  ch.  378,  sec.  4,  22  Stat.  216;  June  28, 
1902,  ch.  1301,  sec.  1,  32  Stat.  475.) 

669.  Fugitives  found  within  District  of  Columbia;  issuance  of 
warrant. — Whenever  any  person  shall  be  found  within  the  Dis- 
trict of  Columbia  charged  with  any  olfense  committed  in  any  State, 
Territor}^,  or  other  possession  of  the  United  States,  and  liable  by  the 
Constitution  and  laws  of  the  United  States  to  be  delivered  over  upon 
the  demand  of  the  governor  of  such  State,  Territory,  or  possession, 
any  judge  of  the  police  court  of  the  District  of  Columbia,  may,  upon 
complaint  on  oath  or  affirmation  of  any  credible  witness,  setting  forth 
the  offense,  that  such  person  is  a  fugitive  from  justice,  and  such  other 
matters  as  are  necessary  to  bring  the  case  within  the  provisions  of 
law,  issue  a  warrant  to  bring  the  persons  so  charged  before  the  police 
court,  to  answer  such  complaint.  (Apr.  21.  1928,  ch.  398,  sec.  1,  45 
Stat.  440.) 

670.  Same ;  bond  to  be  required. — If,  upon  the  examination  of  the 
person  charged,  it  shall  appear  to  the  judge  of  the  police  court  that 
there  is  reasonable  cause  to  believe  that  the  complaint  is  true,  and 
that  such  person  may  be  lawfully  demanded  of  the  chief  justice  of 
the  Supreme  Court  of  the  District  of  Columbia,  he  shall,  if  not 
charged  with  murder  in  the  first  degree,  be  required  to  give  bond  or 
other  obligation,  with  sufficient  sureties,  in  a  reasonable  sum,  to 
appear  before  said  judge  of  the  police  court  at  a  future  date,  allow- 
ing thirty  days  to  obtain  a  requisition  from  the  governor  of  the 
State,  Territory,  or  possession  of  the  United  States  from  which  said 
person  is  a  fugitiive,  he  to  abide  the  order  of  such  judge  of  the  police 
court  in  the  premises.     (Apr.  21,  1928,  ch.  398,  sec.  2,  45  Stat.  441.) 

671.  Same;  commitment  if  bond  not  given;  forfeiture  of  bond. — 

If  such  person  shall  not  give  bond  or  other  obligation,  as  herein  pro- 
vided, or  if  he  shall  be  charged  with  the  crime  of  murder  in  the  first 
degree,  he  shall  be  committed  to  the  District  Jail,  and  there  detained 
until  a  day  fixed  by  the  court,  in  like  manner  as  if  the  offense  charged 
had  been  committed  within  the  District  of  Colum])ia;  and,  if  the  ])er- 
son  so  giving  bond  or  other  obligation  shall  fail  to  appear  according 
to  the  condition  of  his  bond  or  obligation,  he  shall  be  defaulted, 
and  the  bond  or  other  obligation  entered  into  by  him  shall  be  forfeited 
to  the  United  States.     (Apr.  21,  1928,  ch.  398,  sec.  3,  45  Stat.  441.) 

672.  Same;  discharge  if  not  demanded;  discharge  of  bond. — If 

the  person  so  giving  bond  or  other  obligation,  or  committed,  shall 
appear  before  the  judge  of  the  police  court  upon  the  day  ordered, 
he  shall  be  discliarged,  unless  he  shall  be  demanded  by  some  person 
authorized  by  the  Avarrant  of  the  governor  to  receive  him,  or  unless 
the  judge  of  the  police  court  shall  see  cause  to  commit  him  for  a 
further  time,  or  to  require  him  to  give  bond  or  other  obligation  for 
his  appearance  at  some  other  day,  and  if,  when  ordered,  he  shall 
not  give  bond  or  other  obligation  he  shall  be  committed  and  detained 
as  before :  Provided,  That  whether  the  person  so  charged  shall  give 
bond  or  other  obligation,  be  committed  or  discharged,  his  delivery 
to  any  person  authorized  by  the  warrant  of  the  governor  shall  be  a 

956 


GENERAL  LAWS  [T.  19,  §  1482 

dischartre  of  his  bond  or  obligation,  if  any.     (Apr.  21,  1928,  ch.  398, 
sec.  4,  45  Stat.  441.) 

673.  Same;  notice  to  officials  that  fugitive  held. — The  major 
and  superintendent  of  the  Metropolitan  police  of  the  District  of 
Columbia  shall  give  notice  to  the  police  official  or  sheriff  of  the  city 
or  county  from  which  such  person  is  a  fugitive  that  the  person  is 
so  held  in  the  District  of  Columbia.  (Apr.  21,  1928,  ch.  398,  sec.  5, 
45  Stat.  441.) 

674.  Same;  period  of  detention. — A  person  committed  as  herein 
provided  shall  not  be  detained  in  jail  longer  than  to  allow  a  reason- 
able time  to  the  person  receiving  the  notice  herein  required  to  apply 
for  and  obtain  a  proper  requisition  for  such  person  according  to  the 
circumstances  of  the  case  and  the  distance  of  the  place  where  the 
offense  is  alleged  to  have  been  committed.  (Apr.  21,  1928,  ch.  398, 
sec.  6,  45  Stat.  441.) 

675.  Same;  voluntary  return;  bond  for  appearance  in  state,  ter- 
ritory or  possession. — Nothing  herein  contained  shall  prevent  the 
voluntary  return,  in  the  custody  of  a  proper  official,  of  a  person  to 
the  jurisdiction  of  the  State,  Territory,  or  other  possession  of  the 
United  States  from  which  he  is  a  fugitive.  And  nothing  herein  con- 
tained shall  prevent  a  judge  of  the  police  court  of  the  District  of 
Columbia,  in  his  discretion,  accepting  bond  or  other  obligation  for 
the  appearance  of  a  person  before  the  proper  official  in  the  State, 
Territory,  or  possession  of  the  United  States  from  which  he  is  a 
fugitive.     (Apr.  21,  1928,  ch.  398,  sec.  7,  45  Stat.  441.) 

Note. — Section  676,  which  was  derived  from  section  8  of  the  act  cited  to  the 
text,  is  omitted  as  having  no  applicability  in  the  Canal  Zone. 

UNITED  STATES  CODE,  TITLE  19 

CUSTOMS  DUTIES 

Section  126.  Imports  from  Canal  Zone. — All  laws  affecting  im- 
ports of  articles,  goods,  wares,  and  merchandise  from  foreign  coun- 
tries shall  apply  to  articles,  goods,  wares,  and  merchandise  from  the 
Canal  Zone,  Isthmus  of  Panama,  and  seeking  entry  into  any  State  or 
Territory  of  the  United  States  or  the  District  of  Columbia.  (Mar.  2, 
1905,  ch.  1311,  33  Stat.  843.) 

1482,  para.  (f).  Certification  of  invoices  for  merchandise 
shipped  to  United  States. 

Note. — This  section  autliorizes  the  certification  of  invoices  for  merchandise 
shipped  to  the  United  States  from  the  Canal  Zone,  by  "  the  collector  of  customs 
or  the  person  acting  as  such  or  by  his  deputy." 

UNITED  STATES  CODE,  TITLE  21 

FOOD  AND  DRUGS 

CHAPTER  6.— NARCOTIC  DRUGS 

Cross-Refeeences 

The  Narcotic  Drugs  Import  and  Export  Act  (the  subchapter  comprising  sec- 
tions 171  to  185  of  this  title)  not  affected  by  Harrison  Anti-Narcotic  Act,  see 
U.S.  Code,  Sup.  VII,  title  26,  section  1051. 

For  provisions  respecting  the  advancement  of  funds  by  special  disbursing 
agents  in  connection  with  the  enforcement  of  sections  171  to  185  of  this  title, 
see  title  31,  section  529a. 

957 


T.  21,  §  171]  GENERAL  LAWS 

Section  171.  Narcotic  drugs;  definitions. — When  used  in  sections 
172  to  185  of  this  title— 

(a)  Tlie  term  "  narcotic  drug  "  means  opium,  coca  leaves,  cocaine, 
or  any  salt,  derivative,  or  preparation  of  opium,  coca  leaves,  or 
cocaine ; 

(b)  The  term  "  United  States  ",  when  used  in  a  geographical 
sense,  includes  the  seA  eral  States  and  Territories,  and  the  District 
of  Columbia : 

(c)  The  term  "  board "  means  the  Federal  Narcotics  Control 
Board  established  by  section  172  of  this  title;  and 

(d)  The  term  "person"  means  individual,  partnership,  corpora- 
tion, or  association.  (Feb.  9,  1909,  ch.  100,  sec.  1,  35  Stat.  G14;  Jan. 
17,  1914,  ch.  9,  38  Stat.  275;  May  26,  1922,  ch.  202,  sec.  1,  42  Stat. 
596.) 

Note. — Tlie  Fefleral  Narcotics  Control  Board  established  by  section  172  of 
this  title,  and  referred  to  in  paragraph  (c)  of  this  section,  was  abolished  by 
section  282b  of  title  5,  which  section  transferred  the  authority,,  powers,  and 
functions  of  that  board  to  the  Commissioner  of  Narcotics  authorized  by  sec- 
tion 282  of  title  5.  With  reference  generally  to  the  Iluieau  and  Commissioner 
of  Narcotics,  see  sections  282  to  2S2e  of  title  5. 

173.  Importation  of  narcotic  drugs  prohibited;  exceptions;  crude 
opium  for  manufacture  of  heroin;  forfeitures. — It  is  unlaAvful  to 
import  or  bring  any  narcotic  drug  into  the  United  States  or  any 
territory  under  its  control  or  jurisdiction;  excei)t  that  sui-h  amounts 
of  crude  opium  and  coca  leaves  as  the  Commissioner  of  Narcotics 
finds  to  be  necessary  to  provide  for  medical  and  legitimate  uses 
only,  may  be  imported  and  brought  into  the  United  States  or  such 
territory  under  such  regulations  as  the  Commissioner  shall  prescribe, 
but  no  crude  opium  may  be  imported  or  brought  in  for  the  purpose 
of  manufacturing  heroin.  All  narcotic  drugs  imported  under  such 
regulations  shall  be  subject  to  the  duties  which  are  now  or  may 
hereafter  be  imposed  upon  such  drugs  when  imported. 

Any  narcotic  drug  imported  or  brought  into  the  United  States 
or  any  territory  under  its  control  or  jurisdiction,  contrary  to  law, 
shall  (1)  if  smoking  opium  or  opium  prepared  for  smoking,  be 
seized  and  summarily  forfeited  to  the  United  States  Government 
without  the  necessity  of  instituting  forfeiture  proceedings  of  any 
character;  or  (2),  if  any  other  narcotic  drug,  be  seized  and  for- 
feited to  the  United  States  Government,  without  regard  to  its  value, 
in  the  manner  provided  by  sections  514  and  515  of  Title  19,  or  the 
provisions  of  law  hereafter  enacted  which  are  amendatory  of,  or  in 
substitution  for,  such  sections.  Any  narcotic  drug  wdiich  is  for- 
feited in  a  proceeding  for  condemnation  or  not  claimed  under  such 
sections,  or  which  is  summarily  forfeited  as  provided  in  this  sub- 
division, shall  be  placed  in  the  custody  of  the  Commissioner  and  in 
his  discretion  be  destro3^ed  or  delivered  to  some  agency  of  the  United 
States  Government  for  use  for  medical  or  scientific  purposes.  (Feb. 
9,  1909,  ch.  100,  sec.  2,  35  Stat.  614;  Jan  17.  1914,  ch.  9,  38  Stat.  275; 
May  26,  1922,  ch.  202,  sec.  1,  42  Stat.  596;  June  7,  1924,  ch.  352. 
43  Stat.  657.) 

Cross-Refekbnce 

Forfeiture  and  disposition  of  narcotics  seized,  see  also  U.S.  Code,  title  2G. 
section  1048. 

958 


GENERAL  LAWS  I T.  21,  §  177 

173a.  Same;  importation  of  coca  leaves;  additional  quantity 
authorized;  destruction  of  cocaine  and  ecgonine  obtained  there- 
from; duties  on  imported  coca  leaves. — In  addition  to  the  amount 
of  coca  leaves  which  may  be  imported  under  the  first  paragraph  of 
section  173  of  this  title,  the  Commissioner  of  Narcotics  is  authorized 
to  permit,  in  accordance  with  regulations  issued  by  him,  the  im- 
portation of  additional  amounts  of  coca  leaves:  Provided,  That 
after  the  entry  thereof  into  the  United  States  all  cocaine,  ecgonine, 
and  all  salts,  derivatives,  and  preparations  fiom  which  cocaine  or 
ecgonine  may  be  synthesized  or  made,  contained  in  such  additional 
amounts  of  coca  leaves,  shall  be  destroyed  under  the  supervision 
of  an  authorized  representative  of  the  Commissioner  of  Narcotics. 
All  coca  leaves  imported  under  thi^  section  shall  be  subject  to  the 
duties  which  are  now  or  may  hereafter  be  imposed  upon  such  coca 
leaves  when  imported.     (June  14,  1930,  ch.  488,  sec,  6,  46  Stat.  587.) 

174.  Same;  penalty;  evidence. — If  any  person  fraudulently  or 
knowingly  imports  or  brings  any  narcotic  drug  into  the  United 
States  or  any  territory  under  its  control  or  jurisdiction,  contrary  to 
law,  or  assists  in  so  doing  or  receives,  conceals,  buys,  sells,  or  in 
any  manner  facilitates  the  transportation,  concealment,  or  sale  of 
any  such  narcotic  drug  after  being  imported  or  brought  in,  knowing 
the  same  to  have  been  imported  contrary  to  law,  such  person  shall 
upon  conviction  be  fined  not  more  than  $5,000  and  imprisoned  for 
not  more  than  ten  years.  Whenever  on  trial  for  a  violation  of  this 
section  the  defendant  is  shown  to  have  or  to  have  had  possession  of 
the  narcotic  drug,  such  possession  shall  be  deemed  sufficient  evidence 
to  authorize  conviction  unless  the  defendant  explains  the  possession 
to  the  satisfaction  of  the  jury.  (Feb.  9,  1909,  ch.  100,  sec.  2,  35 
Stat.  614;  Jan.  17,  1914,  ch.  9,  38  Stat.  275;  May  26,  1922,  ch.  202, 
sec.  1,  42  Stat.  596.) 

Note. — Section  175  of  title  21,  relative  to  the  deportation  of  aliens  con- 
victed under  section  174,  is  omitted  as  being  without  apparent  applicability 
in  the  Canal  Zone. 

176.  Same;  masters  of  vessels;  persons  in  charge  of  railroad 
cars,  etc.;  liability  of. — The  master  of  any  vessel  or  other  water 
craft,  or  a  person  in  charge  of  a  railroad  car  or  other  vehicle,  shall 
not  be  liable  under  section  174  of  this  title,  if  he  satisfies  the  jury 
that  he  had  no  knowledge  of  and  used  due  diligence  to  prevent  the 
presence  of  the  narcotic  drug  in  or  on  such  vessel,  water  craft,  rail- 
road car,  or  other  vehicle ;  but  the  narcotic  drug  shall  be  seized,  for- 
feited, and  disposed  of  as  provided  in  the  second  paragraph  of  sec- 
tion 173  of  this  title.  (Feb.  9,  1909,  ch.  100,  sec.  2,  35  Stat.  614;  Jan. 
17, 1914,  ch.  9,  38  Stat.  275 ;  May  26, 1922,  ch.  202,  sec.  1,  42  Stat.  596.) 

177.  Administration  of  law. — Except  as  otherwise  provided  by 
law,  the  administration  of  sections  171  to  185  of  this  title  is  vested 
in  the  Department  of  the  Treasury.  (Feb.  9,  1909,  ch.  100,  sec.  2,  35 
Stat.  614;  Jan.  17,  1914,  ch.  9,  38  Stat.  275;  May  26,  1922,  ch.  202, 
sec.  1,  42  Stat.  596.) 

Cross-Refekencb 

For  provisions  establishing  in  the  Treasury  Department  a  Bureau  of  Nar- 
cotics and  a  Commissioner  of  Narcotics,  and  defining  their  authority  and 
functions,  see  U.S.  Code,  title  5,  sections  282  to  282c. 


T.  21,  §  178]  GENERAL  LAWS 

178.  Smoking  opium;  possession  in  transit;  evidence, — Any  per- 
son subject  to  the  jurisdiction  of  the  United  States  who  shall,  either 
as  principal  or  as  accessory,  receive  or  have  in  his  possession,  or 
conceal  on  board  of  or  transport  on  any  foreign  or  domestic  vessel  or 
other  water  craft  or  railroad  car  or  other  vehicle  destined  to  or  bound 
from  the  United  States  or  any  possession  thereof,  any  smoking  opium 
or  opium  prepared  for  smoking,  or  who,  having  knowledge  of  the 
presence  in  or  on  any  such  vessel,  water  craft,  or  vehicle  of  such 
article,  shall  not  report  the  same  to  the  principal  officer  thereof, 
shall  be  subject  to  the  penalty  provided  in  section  174  of  this  title. 
Whenever  on  trial  for  violation  of  this  section  the  defendant  is 
shown  to  have  or  to  have  had  possession  of  such  opium,  such  posses- 
sion shall  be  deemed  sufficient  evidence  to  authorize  conviction,  un- 
less the  defendant  shall  explain  the  possession  to  the  satisfaction 
of  the  jury.  (Feb.  9,  1909,  ch.  100,  sec.  4;  Jan.  17,  1914,  ch.  9,  38 
Stat.  275.)' 

179.  Same;  masters  of  vessels;  persons  in  charge  of  railroad 
cars,  and  so  forth;  liability  of;  forfeiture. — Any  master  of  a  vessel 
or  other  water  craft  or  person  in  charge  of  a  railroad  car  or  other 
vehicle  shall  not  be  liable  under  section  178  of  this  title  if  he  shall 
satisfy  the  jury  that  he  had  no  knowledge  and  used  due  diligence  to 
prevent  the  presence  of  such  article  in  or  on  such  vessel,  water  craft, 
car,  or  other  vessel,  and  any  such  article  shall  be  forfeited  and  shall 
be  destroyed.  (Feb.  9,  1909,  ch.  100,  sec.  4;  Jan.  17,  1914,  ch.  9, 
38  Stat.  275.) 

180.  Smoking  opium  not  admitted  for  transportation  to  another 
country  nor  transferred  from  one  vessel  to  another;  other  nar- 
cotic drugs. — No  smoking  opium  or  opium  prepared  for  smoking 
shall  be  admitted  into  the  United  States  or  into  any  territory  under 
its  control  or  jurisdiction  for  transjDortation  to  another  country,  or 
be  transferred  or  transshipped  from  one  vessel  to  another  vessel 
within  any  waters  of  the  United  States  for  .immediate  exportation  or 
for  any  other  purpose ;  and  except  with  the  approval  of  the  Commis- 
sioner of  Narcotics,  no  other  narcotic  drug  may  be  so  admitted,  trans- 
ferred, or  transshipped.  (Feb.  9,  1909,  ch.  100,  sec.  5;  Jan.  17,  1914, 
ch.  9,  38  Stat.  275;  May  26,  1922,  ch.  202,  sec.  2,  42  Stat.  597.) 

Note. — Section  181  of  this  title  which  raises  a  presumption  of  illegal  impor- 
tation as  to  all  smoking  opium  or  opium  prepared  for  smoking  found  "  within 
the  United  States  ",  is  omitted  as  being  without  apparent  applicability  in  the 
Canal  Zone. 

182.  Exportation  of  narcotic  drugs  prohibited;  exception;  re- 
quests for  copies  of  laws  of  foreign  governments ;  rules  and  regu- 
lations by  Commissioner. —  (a)  It  shall  be  unlawful  for  any  person 
su])ject  to  the  jurisdiction  of  the  United  States  Government  to  export 
or  cause  to  be  exported  from  the  United  States,  or  from  territory  under 
its  control  or  jurisdiction,  or  from  coimtries  in  which  the  United 
States  exercises  extraterritorial  jurisdiction,  any  narcotic  drug  to 
any  other  country.  Narcotic  drugs  (except  smoking  opium  and 
oj)ium  prepared  for  smoking,  the  exportation  of  which  is  absolutely 
prohibited)  may  be  exported  to  a  country  only  wdiich  has  ratified 
and  become  a  party  to  the  convention  and  final  protocol  between  the 

960 


GENERAL  LAWS  [T.  21,  §  184 

United  States  Government  and  other  powers  for  the  suppression  of 
the  abuses  of  opium  and  other  drugs,  commonly  known  as  the  Inter- 
national Opium  Convention  of  1912,  and  then  only  if  (1)  such  coun- 
try has  instituted  and  maintains,  in  conformity  with  that  conven- 
tion, a  system,  which  the  Commissioner  of  Narcotics  deems  adequate, 
of  permits  or  licenses  for  the  control  of  imports  of  such  narcotic 
drugs;  (2)  the  narcotic  drug  is  consigned  to  an  authorized  permittee; 
and  (3)  there  is  furnished  to  the  Commissioner  proof  deemed  ade- 
quate by  him,  that  the  narcotic  drug  is  to  be  applied  exclusively  to 
medical  and  legitimate  uses  within  the  country  to  which  exported, 
that  it  will  not  be  reexported  from  such  country,  and  that  there 
is  an  actual  shortage  of  and  a  demand  for  the  narcotic  drug  for 
medical  and  legitimate  uses  within  such  country. 

(b)  The  Secretary  of  State  shall  request  all  foreign  governments 
to  communicate  through  the  diplomatic  channels  copies  of  the  laws 
and  regulations  promulgated  in  their  respective  countries  wdiich 
prohibit  or  regulate  the  importation  and  shipment  in  transit  of 
any  narcotic  drug  and,  when  received,  advise  the  Commissioner 
thereof. 

(c)  The  Commissioner  shall  make  and  publish  all  proper  regu- 
lations to  carry  into  effect  the  authority  vested  in  him  by  this 
subchapter.  (Feb.  9, 1909,  ch.  100,  sec.  6 ;  Jan.  17, 1914,  ch.  9,  38  Stat. 
275;  May  26,  1922,  ch.  202,  sec.  2,  42  Stat.  597.) 

183.  Same;  punishment;  share  of  fine  to  informer. — Any  per- 
son who  exports  or  causes  to  be  exported  any  narcotic  drugs  in 
violation  of  the  preceding  section  shall  be  fined  in  any  sum  not 
exceeding  $5,000  nor  less  tlian  $50  or  by  imprisonment  for  any  time 
not  exceeding  two  years,  or  both.  And  one-half  of  any  fine  recovered 
from  any  person  or  persons  convicted  of  an  offense  under  any  sec- 
tion of  this  subchapter  may  be  paid  to  the  person  or  persons  giving 
information  leading  to  such  recovery,  and  one-half  of  any  bail  for- 
feited and  collected  in  any  proceedings  brought  thereunder  may  be 
paid  to  the  person  or  persons  giving  the  information  which  led  to 
the  institution  of  such  proceedings,  if  so  directed  by  the  court  exer- 
cising jurisdiction  in  the  case.  No  payment  for  giving  information 
shall  be  made  to  any  officer  or  employee  of  the  United  States. 
(Feb.  9,  1909,  ch.  100,  sec.  7;  Jan.  17,  1914,  ch.  9,  38  Stat.  277.) 

184.  Seizure  and  forfeiture  of  narcotic  drugs  found  on  vessel 
and  not  shown  on  manifest  or  landed  from  vessel  without  permit; 
penalty  against  master  of  vessel;  withholding  clearance  papers; 
mitigation  and  remission  of  forfeitures  and  penalties. — A  narcotic 
drug  that  is  found  upon  a  vessel  arriving  at  a  port  of  the  United 
States  or  territory  under  its  control  or  jurisdiction  and  is  not  shown 
upon  the  vessel's  manifest,  or  that  is  landed  from  any  such  vessel 
without  a  permit  first  obtained  from  the  collector  of  customs  for 
that  purpose,  shall  be  seized,  forfeited,  and  disposed  of  in  the 
manner  provided  in  the  second  paragraph  of  section  173  of  this 
title,  and  the  master  of  the  vessel  shall  be  liable  (1)  if  the  narcotic 
drug  is  smoking  opium,  to  a  penalty  of  $25  an  ounce,  and  (2)  if  any 
other  narcotic  drug,  to  a  penalty  equal  to  the  value  of  the  narcotic  drug. 

Such  penalty  shall  constitute  a  lien  upon  the  vessel  which  may  be 
enforced  by  proceedings  by  libel  in  rem.     Clearance  of  the  vessel 

961 


T.  21,  §  185]  GENERAL  LAWS 

from  a  port  of  the  United  States  may  be  withheld  until  the  penalty 
is  paid,  or  until  there  is  deposited  with  the  collector  of  customs  at  the 
port,  a  bond  in  a  penal  sum  double  the  amount  of  the  penalty, 
with  sureties  approved  by  the  collector,  and  conditioned  on  the  pay- 
ment of  the  penalty  (or  so  much  thereof  as  is  not  remitted  by  the 
Secretary  of  the  Treasury)  and  of  all  costs  and  other  expenses  to 
the  Government  in  proceedings  for  the  recovery  of  the  penalty, 
in  case  the  master's  application  for  remission  of  the  penalty  is 
denied  in  whole  or  in  part  by  the  Secretary  of  the  Treasury. 

The  provisions  of  law  for  the  mitigation  and  remission  of  penal- 
ties and  forfeitures  incurred  for  violations  of  the  customs  laws,  shall 
apply  to  penalties  incurred  for  a  violation  of  the  provisions  of  this 
section.  (Feb.  9,  1909,  ch.  100,  sec.  8;  Jan.  17,  1914,  ch.  9,  38  Stat. 
277;  May  26,  1922,  ch.  202,  sec.  3,  42  Stat.  598.) 

185.  Citation. — Sections  171  to  184  of  this  title  may  be  cited  as  the 
"  Narcotic  Drugs  Import  and  Export  Act."  (Feb.  9,  1909,  ch.  100, 
sec.  9;  May  2C.  1922.  ch.  202,  sec.  4,  42  Stat.  598.) 

UNITED  STATES  CODE,  TITLE  22 

FOREIGN   RELATIONS   AND    INTERCOURSE 


Ch.  Sec. 

4.  Passports 213 


Ch.  Sec. 

5.  Preservation    of    friendly    foreign 

relations  generally 2'M 


CHAPTER  4.— PASSPORTS 

Section  213.  Application  for  passport;  fees  for  taking. — Before 

a  passport  is  issued  to  any  person  by  or  under  authority  of  the 
United  States  such  person  shall  subscribe  to  and  submit  a  written 
application  duly  verified  by  his  oath  before  a  person  authorized  and 
empowered  to  administer  oaths,  which  said  application  shall  contain 
a  true  recital  of  each  and  every  matter  of  fact  which  may  be  required 
by  law  or  by  any  rules  authorized  by  law  to  be  stated  as  a  prerequi- 
site to  the  issuance  of  any  such  passport.  Clerks  of  United  States 
courts,  agents  of  the  Department  of  State,  or  other  Federal  officials 
authorized,  or  who  may  be  authorized,  to  take  passport  applications 
and  administer  oaths  thereon,  shall  collect,  for  all  services  in  con- 
nection therewith,  a  fee  of  $1,  and  no  more,  in  lieu  of  all  fees  pre- 
scribed by  any  statute  of  the  United  States,  whether  the  application 
is  executed  singly,  in  duplicate,  or  in  triplicate.  (June  15,  1917,  ch. 
30,  Title  IX,  sec.  1,  40  Stat.  227.) 

Ceoss-Rei"eeences 

Jurisdiction  of  district  court  and  duties  of  district  attorney  in  Canal  Zone 
in  respect  to  offenses  under  sections  220  to  222  of  this  title,  see  title  18,  section 
574. 

Tlie  term  "United  States"  as  used  in  sections  213  and  220  to  222  of  this 
title,  includes  the  Canal  Zone,  and  all  territory  and  waters,  continental  or 
insular,  sul)ject  to  the  jurisdiction  of  the  United  States,  see  Act  June  15,  1017, 
ch.  30,  Title  XIII,  sec.  1,  40  Stat.  231. 

220.  False  statement  in  application ;  use  of  passport  obtained  by 
false  statement;  penalty. — Whoever  shall  willfully  and  knowingly 

962 


GENERAL  LAW 8  [T.  22,  §  223 

make  any  false  statement  in  an  application  for  passport  with  intent 
to  induce  or  secure  the  issuance  of  a  passport  under  the  authority 
of  the  United  States,  either  for  his  own  use  or  the  use  of  another, 
contrary  to  the  laws  regulating  the  issuance  of  passports  or  the  rules 
prescribed  pursuant  to  such  laws,  or  whoever  shall  willfully  and 
knowingly  use  or  attempt  to  use,  or  furnish  to  another  for  use,  any 
passport  the  issue  of  which  Avas  secured  in  any  way  by  reason  of  any 
false  statement,  shall  be  fined  not  more  than  $2,000  or  imprisoned 
not  more  than  five  years  or  both.  (June  15,  1917,  ch.  30.  Title  IX, 
sec.  2,  40  Stat.  227.) 

221.  Unlawful  use  of  passport;  penalty. — Whoever  shall  willfully 

and  knowingly  use,  or  attempt  to  use,  any  passport  issued  or  designed 
for  the  use  of  another  than  himself,  or  whoever  shall  willfully  and 
knowingly  use  or  attempt  to  use  any  passport  in  violation  of  the 
conditions  or  restrictions  therein  contained,  or  of  the  rules  prescribed 
pursuant  to  the  laws  regulating  the  issuance  of  passports,  which 
said  rules  shall  be  printed  on  the  passport;  or  whoever  shall  will- 
fully and  knowingly  furnish,  dispose  of,  or  deliver  a  passport  to 
any  person,  for  use  by  another  than  the  person  for  whose  use  it  was 
originally  issued  and  designed,  shall  be  fined  not  more  than  $2,000 
or  imprisoned  not  more  than  five  vears,  or  both.  (June  15,  1917, 
ch.  30,  Title  IX,  sec.  3,  40  Stat.  227.) 

222.  Forging,  alteration,  etc.,  of  passport;  penalty. — ^Whoever 
shall  falsely  make,  forge,  counterfeit,  mutilate,  or  alter,  or  cause  or 
procure  to  be  falsely  made,  forged,  counterfeited,  mutilated,  or 
altered  any  passport  or  instrument  purporting  to  be  a  passport,  with 
intent  to  use  the  same,  or  with  intent  that  the  same  may  be  used  by 
another;  or  whoever  shall  willfully  or  knowingly  use,  or  attempt 
to  use,  or  furnish  to  another  for  use  any  such  false,  forged,  counter- 
feited, mutilated,  or  altered  passport  or  instrument  purporting  to 
be  a  passport,  or  any  passport  validly  issued  which  has  become  void 
by  the  occurrence  of  any  condition  therein  prescribed  invalidating 
the  same,  shall  be  fined  not  more  than  $2,000  or  imprisoned  not  more 
than  five  years,  or  both.  (June  15,  1917,  ch.  30,  Title  IX,  sec.  4. 
40  Stat.  227.) 

223.  War-time  restrictions  generally. — When  the  United  States 
is  at  war,  if  the  President  shall  find  that  the  public  safety  requires 
that  restrictions  and  prohibitions  in  addition  to  those  provided 
otherwise  than  by  this  section,  and  the  three  following,  be  imposed 
upon  the  departure  of  persons  from  and  their  entry  into  the  United 
States,  and  shall  make  public  proclamation  thereof,  it  shall,  until 
otherwise  ordered  by  the  President  or  Congress,  be  unlawful — 

(a)  For  any  alien  to  depart  from  or  enter  or  attempt  to  depart 
from  or  enter  the  United  States  except  under  such  reasonable  rules, 
regulations,  and  orders,  and  subject  to  such  limitations  and  excep- 
tions as  the  President  shall  prescribe; 

(b)  For  any  person  to  transport  or  attempt  to  transport  from  or 
into  the  United  States  another  person  with  knowledge  or  reasonable 
cause  to  believe  that  the  departure  or  entry  of  sucli  other  person  is 
forbidden  by  this  section  and  the  three  following; 

963 


T.  22,  §  224]  GENERAL  LAWS 

(c)  For  any  person  knowingly  to  make  any  false  statement  in  an 
application  for  permission  to  depart  from  or  enter  the  United  States 
with  intent  to  induce  or  secure  the  granting  of  such  permission 
either  for  himself  or  for  another ; 

(d)  For  any  person  knowingly  to  furnish  or  attempt  to  furnish 
or  assist  in  furnishing  to  another  a  permit  or  evidence  of  permission 
to  depart  or  enter  not  issued  and  designed  for  such  other  person's 
use; 

(e)  For  any  person  knowingly  to  use  or  attempt  to  use  any  permit 
or  evidence  of  permission  to  depart  or  enter  not  issued  and  designed 
for  his  use ; 

(f)  For  any  person  to  forge,  counterfeit,  mutilate,  or  alter,  or 
cause  or  procure  to  be  forged,  counterfeited,  mutilated,  or  altered, 
any  permit  or  evidence  of  permission  to  depart  from  or  enter  the 
United  States; 

(g)  For  any  person  knowingly  to  use  or  attempt  to  use  or  furnish 
to  another  for  use  any  false,  lorged,  counterfeited,  mutilated,  or 
altered  permit,  or  evidence  of  permission,  or  any  permit  or  evidence 
of  permission  which,  though  originally  valid,  has  become  or  been 
made  void  or  invalid.     (May  22,  1918,  ch.  81,  sec.  1,  40  Stat.  559.) 

224.  Passport  required  of  citizens. — After  such  proclamation  as 
is  provided  for  by  the  preceding  section  has  been  made  and  pub- 
lished and  while  said  proclamation  is  in  force,  it  shall,  except  as 
otherwise  provided  by  the  President,  and  subject  to  such  limitations 
and  exceptions  as  the  President  may  authorize  and  prescribe,  be 
unlawful  for  any  citizen  of  the  United  States  to  depart  from  or 
enter  or  attempt  to  depart  from  or  enter  the  United  States  unless 
he  bears  a  valid  passport.     (May  22, 1918,  ch.  81,  sec.  2,  40  Stat.  559.) 

225.  Penalty  for  violation  of  war-time  restrictions. — Any  person 
who  shall  willfully  violate  any  of  the  provisions  of  the  two  preceding 
sections,  or  of  any  order  or  proclamation  of  the  President  promul- 
gated, or  of  any  permit,  rule,  or  regulation  issued  thereimder,  shall, 
upon  conviction,  be  fined  not  more  than  $10,000,  or,  if  a  natural  per- 
son, imprisoned  for  not  more  than  twenty  years,  or  both ;  and  the  offi- 
cer, director,  or  agent  of  any  corporation  who  knowingly  participates 
in  such  violation  shall  be  punished  by  like  fine  or  imprisonment,  or 
both ;  and  any  vehicle  or  any  vessel,  together  with  its  or  her  appur- 
tenances, equipment,  tackle,  apparel,  and  furniture,  concerned  in  any 
such  violation,  shall  be  forfeited  to  the  United  States.  (May  22, 1918, 
ch.  81,  sec.  3,  40  Stat.  559.) 

226.  "  United  States  "  and  "  person  "  as  used  in  war-time  restric- 
tion defined. — The  term  "  United  States  "  as  used  in  the  three  pre- 
ceding sections  includes  the  Canal  Zone  and  all  territory  and  waters, 
continental  or  insular,  subject  to  the  jurisdiction  of  the  United  States. 

The  word  "  person  "  as  used  herein  shall  be  deemed  to  mean  any 
individual,  partnership,  association,  company,  or  other  unincorpo- 
rated body  of  individuals,  or  corporation,  or  body  politic.  (Mav  22, 
1918,  cli.  81,  sec.  4,  40  Stat.  559.) 

227.  Rej?ulations  as  to  alien  passport  requirements  continued. — 

The  provisions  of  the  Act  approved  May  22,  1918,  being  the  four  pre- 
ceding sections,  shall,  insofar  as  they  relate  to  requiring  passports  and 

964 


GENERAL  LAWS  [T.  22,  §  234 

visas  from  aliens  seeking  to  come  to  the  United  States,  continue  in 
force  and  effect  until  otherwise  provided  by  law.  (Mar.  2,  1921,  oh. 
113,  sec.  1,  41  Stat.  1217.) 

CHAPTER    5.— PRESERVATION    OF    FRIENDLY    FOREIGN    RELATIONS 

GENERALLY 

Section  231.  Making  false  statement  to  influence  conduct  of  for- 
eign government  toward  United  States. — Whoever,  in  relation  to 
any  dispute  or  controversy  between  a  foreign  government  and  the 
United  States,  shall  willfully  and  knowingly  make  any  untrue  state- 
ment, either  orally  or  in  writing,  under  oath  before  any  person  auth- 
orized and  empowered  to  administer  oaths,  which  the  affiant  has 
knowledge  or  reason  to  believe  will,  or  may  be  used  to  influence  the 
measures  or  conduct  of  any  foreign  government,  or  of  any  officer  or 
agent  of  any  foreign  government,  to  the  injury  of  the  United  States, 
or  with  a  view  or  intent  to  influence  any  measure  or  action  by  the 
Government  of  the  United  States,  or  any  branch  thereof,  to  the  injury 
of  the  United  States,  shall  be  fined  not  more  than  $5,000  or  impris- 
oned not  more  than  five  years,  or  both.  (June  15,  191T,  ch.  30,  Title 
VIII,  sec.  1,  40  Stat.  226.) 

CROS  S-ReFEEEN  CES 

Jurisdiction  of  district  court  and  duties  of  district  attorney  in  Canal  Zone  in 
respect  to  offenses  under  sections  231  to  234  and  238  to  245  of  this  title,  see  title 
18,   section  574. 

The  term  "  United  States  "  as  used  in  sections  231  to  234  and  238  to  245  of 
this  title,  includes  the  Canal  Zone,  and  all  territory  and  waters,  continental  or 
insular,  subject  to  the  jurisdiction  of  the  United  States,  see  Act  June  15,  1917, 
ch.  30,  Title  XIII,  sec.  1,  40  Stat.  231. 

232.  Wrongful  assumption  of  character  of  diplomatic  or  con- 
sular officer. — Whoever  within  the  jurisdiction  of  the  United  States 
shall  falsely  assume  or  pretend  to  be  a  diplomatic  or  consular,  or 
other  official  of  a  foreign  government  duly  accredited  as  such  to  the 
Government  of  the  United  States  with  intent  to  defraud  such  for- 
eign government  or  any  person,  and  shall  take  upon  himself  to  act 
as  such,  or  in  such  pretended  character  shall  demand  or  obtain,  or 
attempt  to  obtain  from  any  person  or  from  said  foreign  government, 
or  from  any  officer  thereof,  any  money,  paper,  document,  or  other 
thing  of  value,  shall  be  fined  not  more  than  $5,000,  or  imprisoned  not 
more  than  five  years,  or  both.  (June  15,  1917,  ch.  30,  Title  VIII, 
sec.  2,  40  Stat.  226.) 

233.  Acting  as  foreign  governmental  agent  without  notice  to 
Secretary  of  State. — Whoever,  other  than  a  diplomatic  or  consular 
officer  or  attache,  shall  act  in  the  United  States  as  an  agent  of  a  for- 
eign government  without  prior  notification  to  the  Secretary  of  State 
shall  be  fined  not  more  than  $5,000,  or  imprisoned  not  more  than  five 
years,  or  both.  (June  15,  1917,  ch.  30,  Title  VIII,  sec.  3,  40  Stat. 
226.) 

234.  Conspiracy  to  injure  property  of  foreign  government;  in- 
dictment.— If  two  or  more  persons  within  the  jurisdiction  of  the 
United  States  conspire  to  injure  or  destroy  specific  property  situated 

965 


T.  22,  §  235]  GENERAL  LAWB 

within  a  foreign  country  and  belonging  to  a  foreign  government  or 
to  any  political  subdivision  thereof  with  which  the  United  States  is 
at  peace,  or  any  railroad,  canal,  bridge,  or  other  public  utility  so 
situated,  and  if  one  or  more  such  persons  commits  an  act  within  the 
jurisdiction  of  the  United  States  to  effect  the  object  of  the  conspiracy, 
each  of  the  parties  to  the  conspiracy  shall  be  fined  not  more  than 
$5,000,  or  imprisoned  not  more  than  three  years,  or  both.  Any  in- 
dictment or  information  under  this  section  shall  describe  the  specific 
property  which  it  was  the  object  of  the  conspiracy  to  injure  or  de- 
stroy.    (June  15,  1917,  ch.  30",  Title  VIII,  sec.  5,  40  Stat.  226.) 

235.  "  Foreign  government "  defined. — The  words  "  foreign  gov- 
ernment," as  used  in  the  four  preceding  sections,  shall  be  deemed  to 
include  any  government,  faction,  or  body  of  insurgents  within  a 
country  with  which  the  ITnited  States  is  at  peace,  which  government, 
faction,  or  body  of  insurgents  ma}^  or  may  not  have  been  recognized 
by  the  United  States  as  a  government.  (June  15,  1917,  ch.  30,  Title 
VIII,  sec.  4,  40  Stat.  226.) 

238.  Seizure  of  munitions  of  war,  etc.,  intended  for  export  gen- 
erally; forfeiture. — Whenever  an  attempt  is  made  to  export  or  ship 
from  or  take  out  of  the  United  States  any  arms  or  munitions  of  war, 
or  other  articles,  in  violation  of  law,  or  whenever  there  shall  be 
known  or  probable  cause  to  believe  that  any  such  arms  or  munitions 
of  war,  oi-  other  articles,  are  being  or  are  intended  to  be  exported,  or 
shipped  from,  or  taken  out  of  the  United  States,  in  violation  of  law, 
the  several  collectors,  comptrollers,  surveyors,  inspectors  of  customs, 
and  marshals,  and  deputy  marshals  of  the  United  States,  and  every 
other  person  duly  authorized  for  the  purpose  by  the  President,  may 
seize  and  detain  any  articles  or  munitions  of  war  about  to  be  ex- 
ported or  shipped  from,  or  taken  out  of  the  United  States,  in  viola- 
tion of  law,  and  the  vessels  or  vehicles  containing  the  same,  and  re- 
tain possession  thereof  until  released  or  disposed  of  as  hereinafter 
in  this  chapter  directed.  If  upon  due  inquiry  as  hereinafter  in  this 
chapter  provided  the  property  seized  shall  appear  to  have  been  al^out 
to  be  so  unlawfully  exported,  shipped  from,  or  taken  out  of  the 
United  States,  the  same  shall  be  forfeited  to  the  United  States. 
(June  15,  1917,  ch.  30,  Title  VI,  sec.  1,  40  Stat.  223.) 

239.  Warrant  for  detention  of  property  seized. — It  shall  be  the 
duty  of  the  person  making  any  seizure  under  sections  238  to  245. 
inclusive,  of  this  chapter  to  a])i)ly,  with  due  diligence,  to  the  judge 
of  tlie  district  court  of  the  United  States,  or  to  the  judge  of  the 
United  States  district  court  of  the  Canal  Zone,  or  to  the  judge  of  a 
court  of  first  instance  in  the  Philippine  Islands,  having  jurisdiction 
over  the  place  within  which  the  seizure  is  made,  for  a  warrant  to 
justify  the  further  detention  of  the  property  so  seized,  which  war- 
rant shall  be  granted  only  on  oath  or  affirmation  showing  that  there 
is  known  or  probable  cause  to  believe  that  the  ]n-operty  seized  is 
being  or  is  intended  to  be  exported  or  shipped  from  or  taken  out  of 
the  United  States  in  violation  of  law;  and  if  the  judge  refuses  to 
issue  the  warrant,  or  application  therefor  is  not  made  bv  tlie  person 
making  the  seizure  within  a  reasonable  time,  not  exceeding  Um  days 
after  the  seizure,  the  property  shall  forthwith  be  restored  to  the 

966 


GENERAL  LAWS  [T.  22,  §  242 

owner  or  person  from  avIkmu  seized.  If  the  jndge  is  satisfied  that 
the  seizure  was  justified  under  tlie  pi-ovisions  of  sections  238  to  245, 
inclusive,  of  this  chapter,  and  issues  Iiis  warrant  accordingly,  then 
the  property  shall  be  detained  by  the  person  seizing  it  until  the 
President,  who  is  hereby  expressly  authorized  so  to-  do,  orders  it  to 
be  restored  to  the  owner  or  claimant,  or  until  it  is  discharged  in 
due  course  of  law  on  petition  of  the  claimant,  or  on  trial  of  condem- 
nation proceedings,  as  provided  in  the  following  sections.  (June 
15,  1917,  ch.  30,  Title  VI,  sec.  2,  40  Stat.  224.) 

240.  Petition  for  restoration  of  property  seized.— The  owner  or 
claimant  of  any  property  seized  under  sections  238  to  245,  inclusive, 
of  this  chapter  may,  at  any  time  before  condemnation  proceedings 
liave  been  instituted,  as  provided  in  the  following  sections,  file  his 
petition  for  its  restoration  in  tlie  district  court  of  the  United  States, 
or  the  district  court  of  the  Canal  Zone,  or  the  court  of  first  instance 
in  the  Philippine  Islands,  having  jurisdiction  over  the  place  in  which 
the  seizure  was  made,  whereupon  the  court  shall  advance  the  cause 
for  hearing  and  determination  Avith  all  possible  dispatch,  and,  after 
causing  notice  to  be  given  to  the  United  States  attorney  for  the  dis- 
trict and  to  the  person  making  the  seizure,  shall  proceed  to  hear  and 
decide  whether  the  property  seized  shall  be  restored  to  the  petitioner 
or  forfeited  to  the  United  States.  (June  15,  1917,  ch.  30,  Title  VI, 
sec.  3,  40  Stat.  224.) 

241.  Libel  and  sale  of  property  seized. — Whenever  the  person 
making  any  seizure  under  sections  238  to  245,  inclusive,  of  this  chap- 
ter applies  for  and  obtains  a  warrant  for  the  detention  of  the  prop- 
erty, and  (a)  upon  the  hearing  and  determination  of  the  petition  of 
the'^  owner  or  claimant  restoration  is  denied,  or  (b)  the  owner  or 
claimant  fails  to  file  a  petition  for  restoration  within  thirty  days 
after  the  seizure,  the  United  States  attorney  for  the  district  wherein 
it  was  seized,  upon  direction  of  the  Attorney  General,  shall  institute 
libel  proceedings  in  the  United  States  district  court  or  the  district 
court  of  the  Canal  Zone  or  the  court  of  first  instance  of  the  Philippine 
Islands  having  jurisdiction  over  the  place  wherein  the  seizure  was 
made,  against  the  property  for  condemnation;  and  if,  after  trial 
and  hearing  of  the  issues  involved,  the  property  is  condemned,  it 
shall  be  disposed  of  by  sale,  and  the  proceeds  thereof,  less  the  legal 
costs  and  charges,  paid  into  the  Treasury :  Provided,  That  the  court 
shall  order  any  arms  and  munitions  of  war  so  condenmed  delivered 
to  the  War  Department  of  the  United  States.  (June  15,  1917,  ch. 
30,  Title  VI,  sec.  4,  40  Stat.  224;  Mar.  1,  1929,  ch.  420,  45  Stat.  1423.) 

242.  Method  of  trial;  right  to  jury  trial;  bond  for  redelivery. — 

The  proceedings  in  such  summary  trials  upon  the  petition  of  the 
owner  or  claimant  of  the  property  seized,  as  well  as  in  the  libel  cases 
in  the  preceding  sections  provided  for,  shall  conform,  as  near  as  may 
be,  to  the  proceedings  in  admiralty,  except  that  either  party  may 
demand  trial  by  jury  of  any  issue  of  fact  joined  in  such  libel  cases, 
and  all  such  proceedings  shall  be  at  the  suit  of  and  in  the  name  of 
the  United  States :  Provided,  That  upon  the  payment  of  the  costs 
and  legal  expenses  of  both  the  summary  trials  and  the  libel  pro- 
ceedings in  the  preceding  sections  provided  for,  and  the  execution 

967 


T.  22,  §  243]  GENERAL  LAWS 

and  delivery  of  a  good  and  sufficient  bond  in  an  amount  double  the 
value  of  the  propert}^  seized,  conditioned  that  it  will  not  be  ex- 
ported or  used  or  employed  contrary  to  the  provisions  of  sections 
238  to  245,  inclusive,  of  this  chapter,  the  court,  in  its  discretion,  may 
direct  that  it  be  delivered  to  the  owners  thereof  or  to  the  claimants 
thereof.    (June  15,  1917,  ch.  30,  Title  VI,  sec.  5,  40  Stat.  224.) 

243.  General  extent  of  interference  with  foreign  trade. — Except 

in  those  cases  in  which  the  exportation  of  arms  and  munitions  of 
war  or  other  articles  is  forbidden  by  proclamation  or  otherwise  by 
the  President,  as  provided  in  section  238  of  this  chapter,  nothing  con- 
tained in  sections  238  to  245,  inclusive,  of  this  chapter  shall  be  con- 
strued to  extend  to,  or  interfere  with  any  trade  in  such  commodities, 
conducted  with  any  foreign  port  or  place  wheresoever,  or  with  any 
other  trade  which  might  have  been  lawfully  carried  on  before  June 
15,  1917,  under  the  law  of  nations,  or  under  the  treaties  or  conven- 
tions entered  into  by  the  United  States,  or  under  the  laws  thereof. 
(June  15,  1917,  ch.  30,  Title  VI,  sec.  6,  40  Stat.  225.) 

244.  Discretion  of  President  in  ordering  release  of  property 
seized. — Upon  pa3anent  of  the  costs  and  legal  expenses  incurred  in 
the  summary  trial  provided  for  in  the  preceding  sections  for  pos- 
session or  libel  proceedings,  the  President  is  hereby  authorized,  in 
his  discretion,  to  order  the  release  and  restoration  to  the  owner  or 
claimant,  as  the  case  may  be,  of  any  property  seized  or  condemned 
under  the  provisions  of  sections  238  to  245,  inclusive,  of  this  chapter. 
(June  15, 1917,  ch.  30,  Title  VI,  sec.  7,  40  Stat.  225.) 

245.  Use  of  land  and  naval  forces  to  prevent  exportation. — The 

President  may  employ  such  part  of  the  land  or  naval  forces  of  the 
United  States  as  he  may  deem  necessary  to  carry  out  the  purposes  of 
the  preceding  seven  sections.  (June  15,  1917,  ch,  30,  Title  VI,  sec. 
8,  40  Stat.  225.) 

246.  Wearing  without  authority  uniform,  etc.,  of  friendly  na- 
tion ;  punishment. — It  shall  be  unlawful  for  any  person,  with  intent 
to  deceive  or  mislead,  within  the  United  States  or  Territories,  posses- 
sions, waters,  or  places  subject  to  the  jurisdiction  of  the  United 
States,  to  wear  any  naval,  military,  police,  or  other  official  uniform, 
decoration,  or  regalia  of  any  foreign  state,  nation,  or  government 
with  which  the  United  States  is  at  peace,  or  any  uniform,  decora- 
tion, or  regalia  so  nearly  resembling  the  same  as  to  be  calculated 
to  deceive,  unless  such  wearing  thereof  be  authorized  by  such  state, 
nation,  or  government. 

Any  person  who  violates  the  provisions  of  this  section  shall  upon 
conviction  be  punished  by  a  fine  not  exceeding  $300  or  imprisonment 
for  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 
(July  8,  1918,  ch.  138,  40  Stat.  821.) 

UNITED  STATES  CODE,  TITLE  24 

HOSPITALS.    ASYLUMS.    AND    CEMETERIES 

Section  196.  Transfer  of  American  citizens  adjudged  insane  in 
Canal  Zone. 

Note. — This  section  is  shown  in  the  text  of  the  Canal  Zone  Code  as  section 
17G3  of  title  4. 

968 


GENERAL  LAWS  [T.  26,  §  1040 


UNITED  STATES  CODE,  TITLE  26 

INTERNAL  REVENUE 

Ch.  Sec. 


12.  Narcotics   (Subchapter  A,  Opium 

and  Coca  Leaves) 1040 


Cli.  Sec. 

19.  Occupational  Taxes  (Subcliapter 
A,  Special  I'rovisions  ;  Part  V, 
Narcotics) 1383 


Note. — The  Harrison  Anti-Narcotic  Act,  hereinafter  shown,  is  comprised 
within  subchapter  A  of  chapter  12,  and  part  V  of  subchapter  A  of  chapter  19, 
and  appears  in  the  form  in  which  it  was  recodified  and  renumbered  by  Sup- 
plement VII  to  the  United  States  Code. 

The  term  "  Commissioner  "  as  used  in  the  sections  hereinafter  shown  means 
the  Commissioner  of  Internal  Revenue.  For  provisions  rehitive  to  the  transfer 
and  delegation  of  administrative  rights,  privileges,  powers  and  duties  in  respect 
to  narcotic  drugs,  see  sections  1063  and  10G4  of  this  title,  and  sections  282  to 
282c  of  title  5. 

Respecting  the  application  of  the  sections  hereinafter  sliown  to  the  Canal 
Zone  and  their  administration  therein,  see  sections  1053  and  1054  of  this  title. 

For  provisions  respecting  the  advancement  of  funds  by  special  disbursing 
agents  in  connection  with  the  enforcement  of  the  Harrison  Anti-Narcotic 
Act,  see  title  31,  section  529a. 

For  provisions  of  the  Narcotic  Drugs  Import  and  Export  Act,  see  title  21, 
sections  171  to  185. 

CHAPTER  12.— NARCOTICS  (SUBCHAPTER  A,  OPIUM  AND  COCA 

LEAVES) 

Section  1040.  Tax— 

(a)  Bate. — There  shall  be  levied,  assessed,  collected,  and  paid 
upon  opium,  coca  leaves,  any  compound,  salt,  derivative,  or  prepara- 
tion thereof,  produced  in  or  imported  into  the  United  States,  and 
sold,  or  removed  for  consumption  or  sale,  an  internal  revenue  tax  at 
the  rate  of  1  cent  per  ounce,  and  any  fraction  of  an  ounce  in  a  pack- 
age shall  be  taxed  as  an  ounce.  The  tax  imposed  by  this  subsection 
shall  be  in  addition  to  any  import  dut}^  imposed  on  the  aforesaid 
drugs.     (Dec.  17,  1914,  ch.  1,  sec.  1  38  Stat  785  as  amended  by  Feb. 

26,  1926,  ch.  27,  sec.  703,  44  Stat.  97.) 

(b)  By  whom  paid. — The  tax  imposed  by  subsection  (a)  shall  be 
paid  by  the  importer,  manufacturer,  producer,  or  compounder.  (Dec. 
17,  1914,  ch.  1,  sec.  1  38  Stat.  785  as  amended  by  Feb.  26,  1926,  ch. 

27,  sec.  703,  44  Stat.  97.) 

(c)  How  paid — {!)  Stamps. — The  tax  imposed  by  subsection  (a) 
shall  be  represented  by  appropriate  stamps,  to  be  provided  by  the 
Commissioner,  with  the  approval  of  the  Secretary.  (Dec.  17,  1914, 
ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb.  26,  1926,  ch.  27,  sec.  703, 
44  Stat.  97.) 

(2)  Assessment. — For  assessment  in  case  of  omitted  taxes  payable 
by  stamp,  see  section  1431  and  section  1530. 

(3)  Other  methods. — ^Whether  or  not  the  method  of  collecting 
any  tax  imposed  by  subsection  (a)  or  section  1383  is  specifically 
provided  therein,  any  such  tax  may,  under  regulations  prescribed  by 
the  Commissioner,  with  the  approval  of  the  Secretary,  be  collected 
by  stamp,  coupon,  serial-numbered  ticket,  or  such  other  reasonable 
device  or  method  as  may  be  necessary  or  helpful  in  securing  a  com- 
plete and  prompt  collection  of  the  tax.  All  administrative  and 
penalty  provisions  of  subchapters  A,  B,  and  C  of  chapter  7,  insofar 
as  applicable,  shall  apply  to  the  collection  of  any  tax  which  the  Com- 

93083—34 62  flfiO 


T.  2f),  §  1041 J  GENERAL  LAWki 

missioner  determines  or  prescribes  shall  be  collected  in  such  manner. 
(Feb.  26,  1926,  ch.  27,  sec.  1119,  44  Stat.  120.) 

(d)  Registration  and  nfecial  tax. — For  requirements  on  importers, 
manufacturers,  producers,  dealers,  and  practitioners  to  register  and 
pay  special  tax,  see  part  V  of  subchapter  A  of  chapter  1^^, 

1041.  Exemptions — 

(a)  Preparations  of  limited  narcotic  content. — The  provisions  of 
this  subchapter  and  part  V  of  subchapter  A  of  chapter  19  shall  not 
be  construed  to  apply  to  the  manufacture,  sale,  distribution,  giving 
away,  dispensing,  or  possession  of  preparations  and  remedies  which 
do  not  contain  more  than  two  grains  of  opium,  or  more  than  one- 
fourth  of  a  grain  of  morphine,  or  more  than  one-eighth  of  a  grain  of 
heroin,  or  more  than  one  grain  of  codeine,  or  an}^  salt  or  derivative 
of  any  of  them  in  one  fluid  ounce,  or,  if  a  solid  or  semisolid  prepara- 
tion, in  one  avoirdupois  ounce;  or  to  liniments,  ointments,  or  other 
preparations  which  are  prepared  for  external  use,  only,  except  lini- 
ments, ointments,  and  other  preparations  which  contain  cocaine  or 
any  of  its  salts  or  alpha  or  beta  eucaine  or  any  of  their  salts  or  any 
synthetic  substitute  for  them:  Provided.,  That  such  remedies  and 
preparations  are  manufactured,  sold,  distributed,  given  awajs  dis- 
pensed, or  possessed  as  medicines  and  not  for  the  purpose  of  evading 
the  intentions  and  provisions  of  this  subchapter  and  said  part  V : 
Provided  further.,  That  any  manufacturer,  producer,  compounder,  or 
vendor  (including  dispensing  physicians)  of  the  preparations  and 
remedies  mentioned  in  this  section  shall  keep  a  record  of  all  sales, 
exchanges,  or  gifts  of  such  preparations  and  remedies  in  such  manner 
as  the  Commissioner,  with  the  approval  of  the  Secretary,  shall  direct. 
Such  record  shall  be  preserved  for  a  period  of  two  years  in  such  a 
vray  as  to  be  readil}'  accessible  to  inspection  by  any  officer,  agent,  or 
employee  of  the  Treasury  Department  duly  authorized  for  that  pur- 
pose, and  the  State,  Territorial,  District,  municipal,  and  insular  offi- 
cers named  in  section  1046,  and  every  such  person  so  possessing  or  dis- 
posing of  such  preparations  and  remedies  shall  register  as  required  in 
section  1384  and,  if  he  is  not  paying  a  tax  under  section  1383,  he  shall 
pay  a  special  tax  of  $1  for  each  year,  or  fractional  part  thereof,  in 
which  he  is  engaged  in  such  occupation,  to  the  collector  of  the 
district  in  which  he  carries  on  such  occupation  as  provided  in  part 
V  of  subchapter  A  of  chapter  19.  (Dec.  17,  1914,  ch.  1,  sec.  6, 
38  Stat.  789  as  amended  by  Feb.  24,  1919,  ch.  18,  sec.  1007,  40  Stat. 
1132;  Feb.  26,  1926,  ch.  27,  sec.  704,  44  Stat.  98.) 

(b)  Decocainized  coca  leaves. — The  provisions  of  this  subchapter 
and  part  V  of  subchapter  A  of  chapter  19  shall  not  apply  to  deco- 
cainized coca  leaves  or  preparations  made  therefrom,  or  to  other 
preparations  of  coca  leaves  which  do  not  contain  cocaine.      (Dec. 

17,  1914,  ch.  1,  sec.  6,  38  Stat.  789  as  amended  bv  Feb.  24,  1919,  ch. 

18,  sec.  1007,  40  Stat.  1132;  Feb.  20,  1926,  ch.  27,  sec.  704,  44  Stat.  98.) 

(c)  Govennnent  and  State  officials — (1)  Stamping  drugs. — Offi- 
cials of  the  United  States,  Territorial,  District  of  Columbia,  or 
insular  possessions.  State  or  municipal  governments,  who  in  the 
exercise  of  their  official  duties  engage  in  any  of  the  businesses 
described  in  part  V  of  subchapter  A  of  chapter  19,  shall  not  be 


U7U 


GENERAL  LAWS  [T.  26.  §  104H 

required  to  stamp  the  drugs  mentioned  in  section  1040  (a),  as  herein- 
after prescribed,  but  their  ri^ht  to  this  exemption  shall  be  evidenced 
in  such  manner  as  the  Commissioner,  with  the  approval  of  the  Secre- 
tary, may  by  regulations  prescribe.  (Dec.  17,  1914,  ch.  1,  sec.  1,  38 
Stat:  785  as  amended  by  Feb.  26,  1926,  ch.  27,' sec.  703,  44  Stat.  97.) 
(2)  Registrafwn  and  payment  of  tax. — For  exemption  of  officials 
of  the  United  States,  Territorial,  District  of  Columbia,  or  insular 
possessions.  State  or  municipal  governments  from  the  requirements 
as  to  registration  and  the  payment  of  special  taxes,  see  subsection  (b) 
of  section  1385. 

1042.  Stamps— 

(a)  Afjixing. — The  stamps  provided  in  subsection  (c)  (1)  of  sec- 
tion 1040  shall  be  so  affixed  to  the  bottle  or  other  container  as  to 
securely  seal  the  stopper,  covering,  or  wrapper  thereof.  (Dec.  17, 
1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb.  26,  1926,  ch.  27, 
sec.  703,  44  Stat.  98.) 

(b)  Other  hnvs  applicable. — All  the  provisions  of  law  relating  to 
the  engraving,  issuance,  sale,  accountability,  cancellation,  and  de- 
struction of  tax-paid  stamps  provided  for  in  the  internal  revenue 
laws  shall,  insofar  as  necessary,  be  extended  and  made  to  apply  to  the 
stamps  provided  in  subsection  (c)  (1)  of  section  1040.  (Dec.  17, 
1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb.  26,  1926,  ch.  27, 
sec.  703,  44  Stat.  98.) 

(c)  Cross  reference. — For  general  provisions  relating  to  stamps, 
see  part  I  of  subchapter  A  of  chapter  20. 

1043.  Packages — 

(a)  General  requirement. — It  shall  be  unlawful  for  any  person 
to  purchase,  sell,  dispense,  or  distribute  any  of  the  drugs  mentioned 
in  section  1040  (a)  except  in  the  original  stamped  package  or 
from  the  original  stamped  package ;  and  the  absence  of  appropriate 
tax-paid  stamps  from  any  of  the  aforesaid  drugs  shall  be  prima 
facie  evidence  of  a  violation  of  this  subsection  by  the  person  in 
whose  possession  same  may  be  found ;  and  the  possession  of  any  origi- 
nal stamped  package  containing  any  of  the  aforesaid  drugs  by  any 
person  who  has  not  registered  and  paid  special  taxes  as  required  by 
sections  1383  and  1384  shall  be  prima  facie  evidence  of  liability  to 
such  special  tax.  (Dec.  17,  1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended 
by  Feb.  26, 1926,  ch.  27,  sec.  703,  44  Stat.  97.)       _ 

(b)  Exceptions  in  case  of  registered  practitioners. — The  provi- 
sions of  subsection  (a)  shall  not  apply — 

( 1 )  Prescriptions. — To  any  person  having  in  his  or  her  possession 
any  of  the  drugs  mentioned  in  section  1040  (a)  which  have  been  ob- 
tained from  a  registered  dealer  in  pursuance  of  a  prescription,  writ- 
ten for  legitimate  medical  uses,  issued  by  a  physician,  dentist,  veter- 
inary surgeon,  or  other  practitioner  registered  under  section  1384; 
and  where  the  bottle  or  other  container  in  which  such  drug  may  be 
put  up  by  the  dealer  upon  said  prescription  bears  the  name  and 
registry  number  of  the  druggist,  serial  number  of  prescription, 
name  and  address  of  the  patient,  and  name,  address,  and  registry 
number  of  the  person  writing  said  prescription ;  or 

(2)  Dispensations  direct  to  patients. — To  the  dispensing,  or  ad- 
ministration, or  giving  away  of  any  of  the  aforesaid  drugs  to  a 

971 


T.  26,  §  1044]  GENERAL  LAWS 

patient  by  a  registered  ph3'Sician,  dentist,  veterinary  surgeon,  or  other 
practitioner  in  the  course  of  his  professional  practice,  and  where  said 
drugs  are  dispensed  or  administered  to  the  patient  for  legitimate 
medical  purposes,  and  the  record  kept  as  required  by  this  subchapter 
of  the  drugs  so  dispensed,  administered,  distributed,  or  given  away. 
(Dec.  17,  1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb.  26,  1926, 
ch.  27,  sec.  703,  44  Stat.  97.) 

1044.  Order  forms — 

(a)  General  requireraent. — It  shall  be  unlawful  for  any  person  to 
sell,  barter,  exchange,  or  give  away  any  of  the  drugs  mentioned  in 
section  1040  (a)  except  in  pursuance  of  a  written  order  of  the  person 
to  whom  such  article  is  sold,  bartered,  exchanged,  or  given,  on  a  form 
to  be  issued  in  blank  for  that  purpose  by  the  Commissioner.  (Dec. 
17,  1914,  ch.  1,  sec.  2,  38  Stat.  786.)  ^ 

(b)  Exception  in  case  of  Virgin  Islands. — The  President  is  au- 
thorized and  directed  to  issue  such  Executive  orders  as  will  permit 
those  persons  in  the  Virgin  Islands  of  the  United  States  lawfully 
entitled  to  sell,  deal  in,  dispense,  prescribe,  and  distribute  the  drugs 
mentioned  in  section  1040  (a),  to  obtain  said  drugs  from  persons 
registered  under  section  1384  within  the  continental  United  States 
for  legitimate  medical  purposes,  without  regard  to  the  order  forms 
described  in  this  section.  (Dec.  17,  1914,  ch.  1,  sec.  2,  38  Stat.  786 
as  amended  by  Jan.  22,  1927,  ch.  51,  44  Stat.  1023.) 

(c)  Other  exceptions. — Nothing  contained  in  this  chapter  shall 

apply— 

(1)  Use  of  drugs  in  professional  practice. — To  the  dispensing  or 
distribution  of  any  of  the  drugs  mentioned  in  section  1040  (a)  to  a 
patient  by  a  physician,  dentist,  or  veterinary  surgeon  registered  under 
section  1384  in  the  course  of  his  professional  practice  only :  Provided.^ 
That  such  physician,  dentist,  or  veterinary  surgeon  shall  keep  a 
record  of  all  such  drugs  dispensed  or  distributed,  showing  the  amount 
dispensed  or  distributed,  the  date,  and  the  name  and  address  of  the 
patient  to  whom  such  drugs  are  dispensed  or  distributed,  except  such 
as  may  be  dispensed  or  distributed  to  a  patient  upon  whom  such 
physician,  dentist,  or  veterinary  surgeon  shall  personally  attend; 
and  such  record  shall  be  kept  for  a  period  of  two  years  from  the 
date  of  dispensing  or  distributing  such  drugs,  subject  to  inspection, 
as  provided  in  section  1046. 

(2)  Presci^iptions. — To  the  sale,  dispensing,  or  distribution  of  any 
of  the  drugs  mentioned  in  section  1040  (a)  by  a  dealer  to  a  consumer 
under  and  in  pursuance  of  a  written  prescription  issued  by  a  physi- 
cian, dentist,  or  veterinary  surgeon  registered  under  section  1384: 
Provided.,  however^  That  such  prescription  shall  be  dated  as  of  the 
day  on  which  signed  and  shall  be  signed  by  the  physician,  dentist, 
or  veterinary  surgeon  who  shall  have  issued  the  same :  And  pro- 
vided further^  That  such  dealer  shall  preserve  such  prescription  for 
a  period  of  two  years  from  the  day  on  which  such  prescription  is 
filled  in  such  a  way  as  to  be  readily  accessible  to  inspection  by  the 
officers,  agents,  employees,  and  officials  mentioned  in  section  1046. 

(3)  Exportation. — To  the  sale,  exportation,  shipment,  or  delivery 
of  any  of  the  drugs  mentioned  in  section  1040  (a)  by  any  person 

972 


GENERAL  LAWS  [T.  2G,  §  1044 

within  the  United  States  or  any  Territory  or  the  District  of  Cohimbia 
or  any  of  the  insuhir  possessions  of  the  United  States  to  any  person 
in  any  foreign  country,  regidating  their  entry  in  accordance  with 
such  reguhitions  for  importation  thereof  into  such  foreign  country 
as  are  prescribed  by  said  country,  such  regulations  to  be  promulgated 
from  time  to  time  by  the  Secretary  of  State  of  the  United  States. 

(4)  Government  and  State  officials. — To  the  sale,  barter,  exchange, 
or  giving  away  of  any  of  the  drugs  mentioned  in  section  1040  (a) 
to  any  officer  of  the  United  States  Government  or  of  any  State,  Terri- 
torial, district,  county,  or  municipal  or  insular  government  lawfully 
engaged  in  making  purchases  thereof  for  the  various  departments  of 
the  Army  and  Navy,  the  Public  Health  Service,  and  for  Government, 
State,  Territorial,  district,  county,  or  municipal  or  insular  hospitals 
or  prisons.     (Dec.  17,  1914,  ch.  1,  sec.  2,  38  Stat.  786.) 

(d)  Preservation. — Every  person  who  shall  accept  any  order  re- 
quired under  subsection  (a),  and  in  pursuance  thereof  shall  sell, 
barter,  exchange,  or  give  away  any  of  the  drugs  mentioned  in  section 
1040  (a),  shall  preserve  such  order  for  a  period  of  two  years  in  such 
a  way  as  to  be  readily  accessible  to  inspection  by  any  officer,  agent, 
or  employee  of  the  Treasury  Department  duly  authorized  for  that 
purpose,  and  the  State,  Territorial,  District,  municipal,  and  insular 
officials  named  in  section  1046.  (Dec.  17,  1914,  ch.  1,  sec.  2,  38  Stat. 
786.) 

(e)  Duplicates. — Every  person  who  shall  give  an  order  as  pro- 
vided in  this  section  to  any  other  person  for  any  of  the  drugs  men- 
tioned in  section  1040  (a)  shall,  at  or  before  the  time  of  giving  such 
order,  make  or  cause  to  be  made  a  duplicate  thereof  on  a  forni  to  be 
issued  in  blank  for  that  purpose  by  the  Commissioner,  and  in  case 
of  the  acceptance  of  such  order,  shall  preserve  such  duplicate  for 
said  period  of  two  years  in  such  a  way  as  to  be  readily  accessible  to 
inspection  by  the  officers,  agents,  employees,  and  officials  mentioned 
in  section  1046.     (Dec.  17,  1914,  ch.  1,  sec.  2,  38  Stat.  786.) 

(f)  Supply. — The  Commissioner,  with  the  approval  of  the  Sec- 
retary, shall  cause  suitable  forms  to  be  prepared  for  the  purposes 
above  mentioned,  and  shall  cause  the  same  to  be  distributed  to  col- 
lectors for  sale  by  them  to  those  persons  who  shall  have  registered 
and  paid  the  special  tax  as  required  by  sections  1384  and  1383  in  their 
districts,  respectively;  and  no  collector  shall  sell  any  of  such  forms 
to  any  persons  other  than  a  person  who  has  registered  and  paid  the 
special  tax  as  required  by  said  sections  in  his  district.  The  price  at 
which  such  forms  shall  be  sold  by  said  collectors  shall  be  fixecl  by  the 
Commissioner,  with  the  approval  of  the  Secretary,  but  shall  not 
exceed  the  sum  of  $1  per  hundred.  Every  collector  shall  keep  an 
account  of  the  number  of  such  forms  sold  by  him,  the  names  of  the 
purchasers,  and  the  number  of  such  forms  sold  to  each  of  such 
purchasers.  Whenever  any  collector  shall  sell  any  of  such  forms, 
he  shall  cause  the  name  of  the  purchaser  thereof  to  be  plainly 
written  or  stamped  thereon  before  delivering  the  same;  and  no  person 
other  than  such  purchaser  shall  use  any  of  said  forms  bearing  the 
name  of  such  purchaser  for  the  purpose  of  procuring  any  of  the 
aforesaid  drugs,  or  furnish  any  of  the  forms  bearing  the  name  of 
such  purchaser  to  any  person  with  intent  thereby  to  procure  the 

973 


T.  26,  §  1045]  GENERAL  LAWS 

shipment  or  delivery  of  an}^  of  the  aforesaid  drugs.  (Dec.  17,  1914, 
eh.  1,  sec.  2,  38  Stat.  787.) 

(g)  Unlmcful  iise. — It  shall  be  unlawful  for  any  pereon  to  obtain 
by  means  of  said  order  forms  any  of  the  aforesaid  drugs  for  any 
purpose  other  than  the  use,  sale,  or  distribution  thereof  by  him  in 
the  conduct  of  a  lawful  business  in  said  drugs  or  in  the  legitimate 
practice  of  his  profession.     (Dec.  17,  1914,  ch.  1,  sec.  2.  38  Stat.  787.) 

(h)  Issuance  in  Puerto  Rico  and  the  Philippine  Islands. — F(jr 
issuance  of  order  forms  in  Puerto  Rico  and  the  Philippine  Islands, 
see  subsection  (a)  of  section  1054. 

1045.  Records,  statements,  and  returns — 

(a)  General  requireinents. — Every  person  liable  to  any  tax  im- 
posed by  this  subchapter  or  section  1383,  or  for  the  collection  thereof, 
shall  keep  such  records,  render  under  oath  such  statements,  make 
such  returns,  and  complj^  with  such  rules  and  regulations,  as  the 
Commissioner,  witli  the  approval  of  the  Secretarv,  may  from  time 
to  time  prescribe.     (Feb.  26,  1926,  ch.  27,  sec.  1102  (a) ,  44  Stat.  112.) 

(b)  Boohs  and  monthly  returns  of  importers^  manufacturers^  and 
wholesale  dealers. — Importers,  manufacturers,  and  wholesale  dealers 
shall  keep  such  books  and  records  and  render  such  monthly  returns 
in  relation  to  the  transactions  in  the  aforesaid  drugs  as  the  Commis- 
sioner, with  the  approval  of  the  Secretary,  may  by  regulations  re- 
quire. (Dec.  17,  1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb. 
26,  1926,  ch.  27,  sec.  703,  44  Stat.  98.) 

(c)  Returns  hy  registrants  of  drugs  received. — Any  person  who 
shall  be  registered  in  any  internal  revenue  district  under  the  provi- 
sions of  section  1384  shall,  whenever  required  so  to  do  by  the  col- 
lector of  the  district,  render  to  the  said  collector  a  true  and  correct 
statement  or  return,  verified  by  affidavit,  setting  forth  the  quantity 
of  the  aforesaid  drugs  received  by  him  in  said  internal  revenue  dis- 
trict during  such  period  immediately  preceding  the  demand  of  the 
collector,  not  exceeding  three  months,  as  the  said  collector  may  fix 
and  determine;  the  names  of  the  persons  from  whom  the  said  drugs 
were  received;  the  quantity  in  each  instance  received  from  each  of 
such  persons ;  and  the  date  when  received.  (Dec.  17, 1914,  ch.  1,  sec.  3, 
38  Stat.  787.) 

1046.  Inspection  and  copies  of  returns,  duplicate  order  forms, 
and  prescriptions. — The  duplicate  order  forms  and  tlie  prescriptions 
required  to  be  preserved  under  the  provisions  of  section  1044  (c)  (2), 
and  the  statements  or  returns  filed  in  the  office  of  the  collector  of 
the  district,  under  the  provisions  of  section  1045  (c),  shall  be  open 
to  inspection  by  officers,  agents,  and  emplo^'ees  of  the  Treasury  De- 
partment duly  authorized  for  that  purpose;  and  such  officials  of  any 
State  or  Territory,  or  of  any  organized  municipality  therein,  or  of 
the  District  of  Columbia,  or  of  any  insular  possession  of  tlie  United 
States,  as  shall  be  charged  with  the  enforcement  of  any  law  or  mu- 
nicipal ordinance  regulating  the  sale,  prescribing,  dispeusing,  deal- 
ing in,  or  distribution  of  the  aforesaid  drugs.  Each  collector  shall 
be  authorized  to  furnish,  upon  written  request,  certified  copies  of  any 
of  the  said  statements  or  returns  filed  in  his  office  to  an^^  of  such 
officials  of  any  State  or  Territory  or  organized  municipality  therein, 

974 


GENERAL  LAWS  [T.  2G,  §  1047 

or  the  District  of  Columbia,  or  any  insular  possession  of  the  United 
States,  as  shall  be  entitled  to  inspect  the  said  statements  or  returns 
filed  in  the  office  of  the  said  collector,  upon  the  paj^nent  of  a  fee  of 
$1  for  each  one  hundred  words  or  fraction  thereof  in  the  copy  or 
copies  so  requested.     (Dec.  17.  1914,  ch.  1,  sec.  5,  38  Stat.  788.) 

1047.  Penalties— 

(a)  U?}  J  awful  dJsclosure  of  information  on  returns  or  order 
forms. — Any  person  who  shall  disclose  the  information  contained  in 
the  statements  or  returns  required  under  subsection  (c)  of  section 
1045  or  in  the  duplicate  order  forms  required  in  subsection  (e)  of 
section  1044,  except  as  expressly  provided  in  section  1046,  and  except 
for  the  purpose  of  enforcing  the  provisions  of  this  subchapter  or  part 
V  of  subchapter  A  of  chapter  19,  or  for  the  purpose  of  enforcing 
any  law  of  any  State  or  Territory  or  the  District  of  Columbia,  or 
any  insular  possession  of  the  United  States,  or  ordinance  of  any  or- 
ganized municipality  therein,  regulating  the  sale,  prescribing,  dis- 
pensing, dealing  in,  or  distribution  of  the  drugs  mentioned  in  section 
1040  (a),  shall,  on  conviction,  be  fined  or  imprisoned  as  provided 
by  subsection  (b)   (1).     (Dec.  17,  1914,  ch.  1,  sec.  5,  38  Stat.  788.) 

(b)  Violations  in  general. — (1)  Any  person  who  violates  or  fails  to 
comply  with  any  of  the  requirements  of  this  subchapter  or  part  V 
of  subchapter  A  of  chapter  19,  shall,  on  conviction,  be  fined  not  more 
than  $2,000  or  be  imprisoned  not  more  than  five  years,  or  both,  in  the 
discretion  of  the  court.     (Dec.  17,  1914,  ch.  1,  sec.  9,  38  Stat.  789.) 

(2)  Any  person  required  under  this  subchapter  or  section  1383  to 
pay  any  tax,  or  required  by  law  or  regulations  made  under  authority 
thereof  to  make  a  return,  keep  any  records,  or  supply  any  informa- 
tion, for  the  purposes  of  the  computation,  assessment,  or  collection  of 
any  tax  imposed  by  this  subchapter  or  section  1383  who  willfully 
fails  to  pay  such  tax,  make  such  return,  keep  such  records,  or  supply 
such  information,  at  the  time  or  times  required  by  law  or  regulations, 
shall,  in  addition  to  other  penalties  provided  by  law,  be  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  be  fined  not  more  than 
$10,000,  or  imprisoned  for  not  more  than  one  year,  or  both,  together 
with  the  costs  of  prosecution. 

(3)  Any  person  required  under  this  subchapter  or  section  1383 
of  chapter  19  to  collect,  account  for,  and  pay  over  any  tax  imposed 
by  this  subchapter  or  said  section  1383  who  willfully  fails  to  collect 
or  truthfully  account  for  and  pay  over  such  tax,  and  any  person  who 
willfully  attempts  in  any  manner  to  evade  or  defeat  any  tax  imposed 
by  this  subchapter  or  section  1383  or  the  payment  thereof,  shall,  in 
addition  to  other  penalties  provided  by  law,  be  guilty  of  a  felony  and, 
upon  conviction  thereof,  be  fined  not  more  than  $10,000,  or  impris- 
oned for  not  more  than  five  years,  or  both,  together  with  the  costs 
of  prosecution. 

(4)  Any  person  who  willfully  fails  to  pay,  collect,  or  truthfully 
account  for  and  pay  over,  any  tax  imposed  by  this  subchapter  or 
section  1383  who  willfully  attempts  in  any  manner  to  evade  or  defeat 
any  such  tax  or  the  payment  thereof,  shall,  in  addition  to  other  pen- 
alties provided  by  law,  be  liable  to  a  penalty  of  the  amount  of  the 
tax  evaded,  or  not  paid,  collected,  or  accounted  for  and  paid  over, 
to  be  assessed  and  collected  in  the  same  manner  as  taxes  are  assessed 

975 


T.  26,  §  1048]  GENERAL  LAWS 

and  collected.  No  penalty  shall  be  assessed  under  this  paragraph  for 
any  offense  for  which  a  penalty  may  be  assessed  under  authority  of 
section  1512  (e). 

(5)  The  term  "person"  as  used  in  paragraphs  (2),  (3),  and  (4) 
includes  an  officer  or  employee  of  a  corporation  or  a  member  or  em- 
ployee of  a  partnership,  who  as  such  officer,  employee,  or  member 
is  under  a  duty  to  perform  the  act  in  respect  of  which  the  violation 
occurs.  (Feb.  26,  1926,  ch.  27,  sec.  1114  (a),  (b),  (d),  and  (f),  44 
Stat.  116,  117.) 

For  definition  of  "  person  "  as  used  generally  in  this  chapter,  see 
subsection  (a)  of  section  1391. ' 

(c)  Cross  reference. — For  general  penalty  provisions,  see  part  III 
of  subchapter  A  of  chapter  20  and  section  1693  of  chapter  25. 

1048.  Forfeitures— 

(a)  Unstamped  pacliages. — All  unstamped  packages  of  the  drugs 
mentioned  in  section  1040  (a)  found  in  the  possession  of  any  person, 
except  as  provided  in  this  subchapter,  shall  be  subject  to  seizure  and 
forfeiture,  and  all  the  provisions  of  internal  revenue  laws  relating  to 
searches,  seizures,  and  forfeiture  of  unstamped  articles  shall  be 
extended  to  and  made  to  apply  to  the  articles  taxed  under  this  sub- 
chapter and  the  j)ersons  upon  wdiom  these  taxes  are  imposed.  (Dec. 
17,  1914,  ch.  1,  sec.  1,  38  Stat.  785  as  amended  by  Feb.  26,  1926,  ch. 
27,  sec.  703,  44  Stat.  98.) 

(b)  Seized  opiwn — Confiscation  and  disposal. — All  opium,  its 
salts,  derivatives,  and  compounds,  and  coca  leaves,  salts,  derivatives, 
and  compounds  thereof,  seized  by  the  United  States  Government 
from  any  person  oi-  persons  charged  with  any  violation  of  this 
chapter  or  part  V  of  subchapter  A  of  chapter  19,  or  the  Act  of  Feb. 
9,  1909,  ch.  100,  35  Stat.  614  as  amended  by  the  act  of  Jan.  17,  1914, 
ch.  9,  38  Stat.  275  (U.S.C.,  Title  21,  sees.  171-184),  shall  upon  con- 
viction of  the  person  or  persons  from  whom  seized  be  confiscated 
by  and  forfeited  to  the  United  States;  and  the  Secretary  shall  be 
authorized  to  deliver  for  medical  or  scientific  purposes  to  any  depart- 
ment, bureau,  or  other  agency  of  the  United  States  Government, 
upon  proper  application  therefor  under  such  regulation  as  may  be 
prescribed  by  the  Commissioner,  with  the  approval  of  the  Secretary, 
any  of  the  drugs  so  seized,  confiscated,  and  forfeited  to  the  United 
States.  The  provisions  of  this  paragraph  shall  also  appl}'-  to  any 
of  the  aforesaid  drugs  seized  or  coming  into  the  possession  of  the 
United  States  in  the  enforcement  of  this  chapter,  part  V  of  sub- 
chapter A  of  chapter  19,  or  any  of  the  above-mentioned  acts  where 
the  owner  or  owners  thereof  are  unknown.  None  of  the  aforesaid 
drugs  coming  into  possession  of  the  United  States  under  the  opera- 
tion of  said  chapter,  part,  or  acts,  or  the  provisions  of  this  paragraph, 
shall  be  destroyed  without  certification  by  a  committee  appointed  by 
the  Commissioner,  with  the  approval  of  the  Secretary,  that  they  are 
of  no  value  for  medical  or  scientific  purposes.  (Feb.  26,  1926,  ch.  27, 
sec.  705,  44  Stat.  99.) 

(c)  Cross-reference. — For  general  forfeiture  provisions,  see  part 
III  of  subchapter  A  of  chapter  20  and  section  1693  of  chapter  25. 

1049.  Regulations. — The  Commissioner,  with  the  approval  of  the 
Secretary,  shall  make,  prescribe,  and  publisli  all  needful  rules  and 

976 


GENERAL  LAWS  [T.  26,  §  1054 

regulations  for  carrying  the  provisions  of  this  subchapter  and  part 
V  of  subchapter  A  of  chapter  19  into  effect.  (Dec.  17,  1914,  ch.  1, 
sec.  1,  38  Stat.  785;  Feb.  26,  1926,  ch.  27,  sec.  703,  1101,  44  Stat.  98, 
111.) 

1050.  Appointment  of  personnel. — The  Commissioner,  with  the 
approval  of  the  Secretary,  is  authorized  to  appoint  such  agents, 
deputy  collectors,  inspectors,  chemists,  assistant  chemists,  clerks,  and 
messengers  in  the  field  and  in  the  Bureau  of  Internal  Revenue  in 
the  District  of  Columbia  as  may  be  necessary  to  enforce  the  pro- 
visions of  this  subchapter  and  part  V  of  subchapter  A  of  chapter  19. 
(Dec.  17,  1914,  ch.  1  sec.  10,  38  Stat.  789.) 

1051.  Laws  unaffected. — Nothing  contained  in  this  subchapter  or 
part  V  of  subchapter  A  of  chapter  19  shall  be  construed  to  impair, 
alter,  amend,  or  repeal  any  of  the  provsions  of  the  Act  of  Congress 
approved  June  thirtieth,  nineteen  hundred  and  six,  entitled  "An  Act 
for  preventing  the  manufacture,  salej  or  transportation  of  adulterated 
or  misbranded,  or  poisonous,  or  deleterious  foods,  drugs,  medicines, 
and  liquors,  and  for  regulating  traffic  therein,  and  for  other  purposes," 
ch.  3915,  34  Stat.  768  (U.S.C,  Title  21;  sees.  1-15),  and  any  amend- 
ment thereof,  or  of  the  Act  approved  February  ninth,  nineteen 
hundred  and  nine,  entitled  "An  Act  to  prohibit  the  importation  and 
use  of  opium  for  other  than  medicinal  purposes,"  ch.  100,  35  Stat. 
614  (U.S.C,  Title  21;  sees.  171-185),  and  any  amendment  thereof. 
(Dec.  17,  1914,  ch.  1,  sec.  12,  38  Stat.  790.) 

1052.  Other  laws  applicable. — All  administrative,  special,  or 
stamp  provisions  of  law,  including  the  law  relating  to  the  assess- 
ment of  taxes,  so  far  as  applicable,  shall  be  extended  to  and  made  a 
part  of  this  subchapter  and  sections  1383,  1384,  1385  and  subsection 
(a)  of  section  1387  of  chapter  19.  (Feb.  26,  1926,  ch.  27,  sec.  1100, 
44  Stat.  111.) 

For  provisions  making  applicable  the  internal  revenue  laws  relat- 
ing to  the  engraving,  issuance,  sale,  accountability,  cancellation,  and 
destruction  of  tax-paid  stamps,  see  subsection  (b)  of  section  1042. 

1053.  Territorial  extent  of  law. — The  provisions  of  this  sub- 
chapter and  part  V  of  subchapter  A  of  chapter  19  shall  apply  to  the 
United  States,  the  District  of  Columbia,  the  Territory  of  Alaska,  the 
Territory  of  Hawaii,  the  insular  possessions  of  the  United  States, 
and  the  Canal  Zone.     (Dec.  17, 1914,  ch.  1,  sec.  2,  38  Stat.  787.) 

1054.  Administration  in  insular  possessions  and  Canal  Zone — 

(a)  Puerto  Rico  and  the  Philippine  Islands. — In  Puerto  Eico  and 
the  Philippine  Islands  the  administration  of  this  subchapter  and 
part  V  of  subchapter  A  of  chapter  19,  the  collection  of  the  special 
tax  imposed  by  section  1382  of  chapter  19,  and  the  issuance  of  the 
order  forms  specified  in  section  1044  shall  be  performed  by  the 
appropriate  internal  revenue  officers  of  those  governments,  and  all 
revenues  collected  thereunder  in  Puerto  Rico  and  the  Philippine 
Islands  shall  accrue  intact  to  the  general  governments  thereof,  re- 
spectively. The  courts  of  first  instance  in  the  Philippine  Islands 
shall  possess  and  exercise  jurisdiction  in  all  cases  arising  in  said 

977 


T.  26,  §  1055]  GENERAL  LAWS 

islands  under  this  subchapter  and  said  part  V  of  chapter  19.     (Dec. 
17,  1914,  ch.  1,  sec.  2,  38  Stat.  787;  May  17, 1932,  ch.  190, 47  Stat.  158.) 

(b)  Caiial  Zone. — The  President  is  authorized  and  directed  to 
issue  such  Executive  orders  as  will  carrj-  into  effect  in  the  Canal 
Zone  the  intent  and  purpose  of  this  subchapter  and  part  V  of  sub- 
chapter A  of  chapter  19  by  providing  for  the  registration  and  the 
imposition  of  a  special  tax  upon  all  persons  in  the  Canal  Zone  who 
produce,  import,  compound,  deal  in,  dispense,  sell,  distribute,  or  give 
aw^ay  opium  or  coca  leaves,  their  salts,  derivatives,  or  preparations. 
(Dec.  17,  1914,  ch.  1,  sec.  2,  38  Stat.  787.) 

(c)  Virgin  Islands. — For  authoritj'^  of  the  President  to  exempt 
persons  in  the  Virgin  Islands  from  the  order  form  requirements,  see 
subsection  (b)  of  section  1044. 

1055.  Definitions. — For  definitions  of  the  following,  see  the  sub- 
sections of  section  1391  indicated  below: 

(a)  Person. — Subsection  (a). 

(b)  hnporter^  manufacturer .^  or  'producer. — Subsection  (b). 

(c)  Wholesale  dealer. — Subsection  (c). 

(d)  Retail  dealer. — Subsection  (d). 

CHAPTER  19.— OCCUPATIONAL  TAXES   (SUBCHAPTER  A,   SPECIAL 
PROVISIONS:    PART    V,    NARCOTICS) 

Section  1383.  Tax. — On  or  before  July  1  of  each  year,  every  per- 
son who  imports,  manufactures,  produces,  compounds,  sells,  deals  in, 
dispenses,  or  gives  away  opium  or  coca  leaves,  or  any  compound, 
manufacture,  salt,  derivative,  or  preparation  thereof,  shall  pay  tlie 
special  taxes  hereinafter  provided.  Every  person  upon  first  en- 
gaging in  any  of  such  activities  shall  immediately  pay  the  propor- 
tionate part  of  the  tax  for  the  period  ending  on  the  following 
June  30.  (Dec.  17.  1914,  ch.  1,  sec.  1,  38  Stat.  785.  as  amended  bv 
Feb.  24,  1919.  ch.  18,  sec.  1006,  40  Stat.  1130;  Feb.  26,  1926,  ch.  27, 
sec.  703,  44  Stat.  96.) 

(a)  Importers^  manufacturers .^  or  producers. — Importers,  manu- 
facturers, producers,  or  compounders,  $24  a  year ; 

(b)  Wholesale  dealers. — Wholesale  dealers,  $12  a  year; 

(c)  Retail  dealers. — Retail  dealers,  $3  a  year; 

(d)  Physicians,  dentists.,  vetennary  surgeons.,  and  other  practi- 
tioners.— Physicians,  dentists,  veterinary  surgeons,  and  other  prac- 
titioners, lawfully  entitled  to  distribute,  dispense,  give  away,  or 
administer  any  of  the  aforesaid  drugs  to  patients  upon  whom  they 
in  the  course  of  their  professional  practice  are  in  attendance,  $1  each 
year  or  fraction  thereof,  during  which  they  engage  in  any  of  such 
activities.  (Dec.  17,  1914,  ch.  1,  sec.  1,  38  Stat.  785,  as  amended  by 
May  29,  1928,  ch.  852,  sec.  432,  45  Stat.  867.) 

(e)  Persons  not  other\oise  taxed. — For  a  tax  of  $1  a  year  on 
persons  not  otherwise  taxed,  dispensing  preparations  and  remedies 
of  limited  narcotic  content,  see  section  1041  (a). 

(f)  Persons  in  Canal  Zone. — For  authority  of  the  President  to 
issue  Executive  orders  providing  for  the  imposition  of  a  special  tax 
upon  all  persons  in  the  Canal  Zone  who  produce,  import,  com- 
pound, deal  in,  dispense,  distribute,  sell,  or  give  away  opium  or 
coca  leaves,  their  salts,  derivatives,  or  preparations,  see  section 
1054  (b). 

978 


GENERAL  LAWS  [T.  26,  §  1387 

1384.  Registration.— On  or  before  July  1  of  each  year  every  per- 
son who  engages  in  any  of  the  activities  enumerated  in  section  1383 
shall  register  with  the  collector  of  the  district  his  name  or  style, 
place  of  business,  and  place  or  places  where  such  business  is  to  be 
carried  on ;  and  every  person  upon  first  engaging  in  any  such  activ- 
ities shall  immediatelv  make  like  registration.  (Dec.  17,  1914,  ch.  1, 
sec.  1,  38  Stat.  785  as  amended  by  Feb.  24,  1919,  ch.  18,  sec.  1006, 
40  Stat.  1130;  Feb.  2G,  1926,  ch.  27,  sec.  703,  44  Stat.  96.) 

1385.  Exemption  from  tax  and  registration — 

(a)  Employees. — No  employee  of  any  person  who  has  registered 
and  paid  special  tax  as  required  in  this  part  acting  within  the 
scope  of  his  employment,  shall  be  required  to  register  and  pay  special 
tax  provided  by  sections  1383  and  1384. 

(b)  Gov  eminent  and  State  officials. — Officials  of  the  United 
States,  Territorial,  District  of  Columbia,  or  insular  possessions,  State 
or  municipal  governments,  who  in  the  exercise  of  their  official  duties 
engage  in  an}^  of  the  business  herein  described,  shall  not  be  required 
to  register  or  pay  special  tax,  but  their  right  to  this  exemption  shall 
be  evidenced  in  such  manner  as  the  commissioner,  with  the  approval 
of  the  Secretary,  mav,  by  regulations,  prescribe.  (Dec.  17,  1914, 
ch.  1,  sec.  1,  38  S\at.  785  as'amended  by  Feb.  24,  1919,  ch.  18,  sec.  1006, 
40  Stat.  1130;  Feb.  26,  1926,  ch.  27,  sec.  703,  44  Stat.  97.) 

For  autliority  of  the  President  to  issue  Executive  orders  provid- 
ing for  the  registration  of  all  persons  in  the  Canal  Zone  who  pro- 
duce, import,  compound,  deal  in,  dispense,  distribute,  sell,  or  give 
away  opium  or  coca  leaves,  their  salts,  derivatives,  or  preparations, 
see  section  1054  (b). 

1386.  Possession  of  stamped  packages  as  evidence  of  tax  liabil- 
ity.— For  possession  of  original  stamped  packages  as  prima  facie 
evidence  of  liability  to  special  tax,  see  section  1043  (a). 

1387.  Unlawful  acts  in  case  of  failure  to  register  and  pay  special 
tax — 

(a)  Trafccking. — It  shall  be  unlaw^ful  for  any  person  required  to 
register  under  the  provisions  of  this  part  or  section  1041  (a)  to  im- 
port, manufacture,  produce,  compound,  sell,  deal  in,  dispense,  dis- 
tribute, administer,  or  give  away  any  of  the  aforesaid  drugs  without 
having  registered  and  paid  the  special  tax  as  imposed  by  this  part, 
or  section  1041  (a)-  (I^ec.  17,  1914,  ch.  1,  sec.  1,  38  Stat.  785  as 
amended  bv  Feb.  24,  1919,  ch.  18.  sec.  1006,  40  Stat.  1130;  Feb.  26, 
1926,  ch.  27*^,  sec.  703,  44  Stat.  97.) 

(b)  Transportation. — It  shall  be  unlawful  for  any  person  who 
shall  not  have  registered  and  paid  the  special  tax  as  required  by 
section  1383  and  1384  to  send,  ship,  carry,  or  deliver  any  of  the 
aforesaid  drugs  from  any  State  or  Territory  or  the  District  of 
Columbia,  or  any  insular  possession  of  the  United  States,  to  any  per- 
son in  any  other  State  or  Territory  or  the  District  of  Columbia  or  any 
insular  possession  of  the  United  States :  Provided^  That  nothing  con- 
tained in  this  section  shall  apply  to  common  carriers  engaged  in 
transporting  the  aforesaid  drugs,  or  to  any  employee  acting  within  the 
scope  of  his  employment,  of  any  person  who  shall  have  registered 
ancl  paid  the  special  tax  as  required  by  sections  1383  and  1384,  or 

979 


T.  26,  §  1388]  GENERAL  LAWS 

to  any  person  who  shall  deliver  any  such  drug  which  has  been 
prescribed  or  dispensed  by  a  physician,  dentist,  or  veterinarian  re- 
quired to  register  under  the  terms  of  this  part  or  section  1041  (a) 
who  has  been  employed  to  prescribe  for  the  particular  patient 
receiving  such  drug,  or  to  any  United  States,  State,  county,  muni- 
cipal, district.  Territorial,  or  insular  officer  or  official  acting  within 
the  scope  of  his  official  duties.  (Dec.  17,  1914,  ch.  1,  sec.  4,  38  Stat. 
788.) 

(c)  Possession. — It  shall  be  unlawful  for  any  person  who  has  not 
registered  and  jDaid  the  special  tax  as  provided  for  by  this  part  or 
section  1041  (a),  to  have  in  his  possession  or  under  his  control 
any  of  the  aforesaid  drugs;  and  such  possession  or  control  shall 
be  presumptive  evidence  of  a  violation  of  this  subsection  and  sub- 
section (a),  and  also  a  violation  of  the  provisions  of  sections  1383 
and  1384 :  Provided^  That  this  subsection  shall  not  apply  to  any  em- 
ployee of  a  registered  person,  or  to  a  nurse  under  the  supervision 
of  a  physician,  dentist,  or  veterinary  surgeon  registered  under  this 
part  or  section  1041  (a),  having  such  possession  or  control  by  virtue 
of  his  employment  or  occupation  and  not  on  his  own  account;  or 
to  the  possession  of  any  of  the  aforesaid  drugs  which  has  or  have 
been  prescribed  in  good  faith  by  a  physician,  dentist,  or  veterinary 
surgeon  registered  under  this  part  or  section  1041  (a)  ;  or  to  any 
United  States,  State,  county,  municipal,  district.  Territorial,  or 
insular  officer  or  official  who  has  possession  of  any  said  drugs,  by 
reason  of  his  official  duties,  or  to  a  warehouseman  holding  possession 
for  a  person  registered  and  who  has  paid  the  taxes  under  this  part 
and  chapter  12;  or  to  common  carriers  engaged  in  transporting  such 
drugs:  Provided  furthei',  That  it  shall  not  be  necessary  to  negative 
any  of  the  aforesaid  exemptions  in  any  complaint,  information, 
indictment,  or  other  writ  or  proceedings  laid  or  brought  under  this 
part  or  chapter  12 ;  and  the  burden  of  proof  of  any  such  exemption 
shall  be  upon  the  defendant.  (Dec.  17,  1914,  ch.  1,  sec.  8,  38  Stat. 
789.) 

1388.  Penalties. — For  penalties  for  violating  or  failing  to  comply 
with  any  of  the  provisions  of  this  part,  see  section  1047  (b)   (1). 

1389.  List  of  special  taxpayers. — Collectors  are  authorized  to 
furnish,  upon  written  request,  to  any  person,  a  certified  copy  of 
the  names  of  any  or  all  persons  who  may  be  listed  in  their  respective 
collection  districts  as  special  taxpayers  under  the  provisions  of  this 
part  or  section  1041  (a),  upon  payment  of  a  fee  of  $1  for  each  100 
names  or  fraction  thereof  in  the  copy  so  requ&sted.  (Dec.  17,  1914, 
ch.  1,  sec.  5,  38  Stat.  788.) 

1390.  Other  laws  applicable. —  (a)  All  provisions  of  law  relating 
to  special  taxes,  as  far  as  necessary  shall  be  extended  and  made 
applicable  to  the  special  tax  imposed  by  this  part.  (Dec.  17,  1914, 
ch.  1,  sec.  1,  3'8  Stat.  786,  as  amended  by  Feb.  24,  1919,  ch.  18,  sec. 
1006,  40  Stat  1130;  Feb.  26,  1926,  ch.  27,  sec.  703,  44  Stat.  97.) 

(b)  All  laws  relating  to  the  assessment,  collection,  remission,  and 
refund  of  internal  revenue  taxes,  including  section  1661,  so  far  as 
applicable  to  and  not  inconsistent  with  the  provisions  of  this  part 
and  subchapter  A  of  chapter  12  shall  be  extended  and  made  appli- 

980 


GENERAL  LAWS  [T.  27,  §  122 

cable  to  the  special  taxes  imposed  by  this  part  and  section  1041  (a). 
(Dec.  17,  1914,  ch.  1,  sec.  7,  38  Stat.  789.) 

1391.  Definitions— 

(a)  Person. — The  word  "person"  as  used  in  this  part  and  chap- 
ter 12  shall  be  construed  to  mean  and  include  a  partnership,  associa- 
tion, company,  or  corporation,  as  well  as  a  natural  person. 

(b)  Importer^  nnanufacturer^  or  producer. — Every  person  who 
imports,  manufactures,  compounds,  or  otherwise  produces  for  sale 
or  distribution  any  of  the  drugs  mentioned  in  section  1383  shall  be 
deemed  to  be  an  importer,  manufacturer,  or  producer. 

(c)  Wholesale  dealer. — Every  person  who  sells,  or  offers  for  sale, 
any  of  said  drugs  in  the  original  stamped  packages  as  provided  in 
section  1043  (a)  shall  be  deemed  a  wholesale  dealer. 

(d)  Retail  dealer. — Every  person  who  sells  or  dispenses  from 
original  stamped  packages  as  provided  in  section  1043  (a)  shall  be 
deemed  a  retail  dealer:  Provided.,  That  the  office,  or  if  none,  the 
residence,  of  any  person  shall  be  considered  for  the  purposes  of  this 
part  and  chapter  12  his  place  of  business.  (Dec.  17,  1914,  ch.  1, 
sec.  1,  38  Stat.  786  as  amended  by  Feb.  24,  1919,  ch.  18,  sec.  1006,  40 
Stat.  1130;  Feb.  26,  1926,  ch.  27,  sec.  703,  44  Stat.  96,  97.) 

UNITED  STATES  CODE,  TITLE  27 
INTOXICATING  LIQUORS 

Section  122.  Shipments  into  States  having  dry  laws;  prohibi- 
tion.— The  shipment  or  transportation,  in  any  manner  or  by  any 
means  whatsoever,  of  any  spirituous,  vinous,  malted,  fermented,  or 
other  intoxicating  liquor  of  any  kind,  from  one  State,  Territory,  or 
District  of  the  United  States,  or  place  noncontiguous  to  but  subject 
to  the  jurisdiction  thereof,  into  any  other  State,  Territory,  or  District 
of  the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  or  from  any  foreign  country  into  any  State, 
Territory,  or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  which  said  spirituous, 
vinous,  malted,  fermented,  or  other  intoxicating  liquor  is  intended, 
by  any  person  interested  therein,  to  be  received,  possessed,  sold,  or 
in  any  manner  used,  either  in  the  original  package  or  otherwise,  in 
violation  of  any  law  of  such  State,  Territory,  or  District  of  the 
United  States,  or  place  noncontiguous  to  but  subject  to  the  juris- 
diction thereof,  is  hereby  prohibited.  (Mar.  1,  1913,  ch.  90,  37  Stat. 
699.) 

Note. — The  Act  cited  to  the  text  was  entitled  "An  Act  divesting  intoxicating 
liquors  of  their  interstate  character  in  certain  cases  ",  and  is  known  as  the 
"  Webb-Kenyon  Act." 

See  also  the  twenty-first  amendment  to  the  Constitution  of  the  United  States, 
repealing  the  eighteenth  amendment,  which  by  its  second  section,  prohibits  "  the 
transportation  or  importation  into  any  State,  Territory,  or  possession  of  the 
United  States  for  delivery  or  use  therein  of  intoxicating  liquors,  in  violation 
of  the  laws  thereof." 

For  provisions  relative  to  the  shipment  of  liquor  in  interstate  commerce, 
applicable  to  places  noncontiguous  to  but  subject  to  the  jurisdiction  of  the 
United  States,  see  title  18,  sections  388  to  390. 

For  provisions  relative  to  the  mailing  of  liquors,  see  title  18,  section  340. 

981 


T.  28,  §  225]  GENERAL  LAWS 

UNITED  STATES  CODE,  TITLE  28 

JUDICIAL  CODE   AND   JUDICIARY 


Ch.  Sec. 

6.   Circuit   Courts   Of  Appeals 225 

16.   Fees.     Compensation,     and     Ac- 
counts of  Officers 58Ga 


Cli.  Sec. 

IS.   Procedure 723a 


CHAPTER  6.— CIRCUIT  COURTS  OF  APPEALS 

Section  225.  Appellate  jurisdiction — 

(a)  Review  of  -final  decisions. — The  circuit  courts  of  appeal  shall 
have  appellate  jurisdiction  to  rev.iew  by  appeal  or  writ  of  error  final 
decisions — 

Third.  *  *  *  in  the  district  court  for  the  Canal  Zone  in  the 
cases  and  mode  prescribed  in  sections  1307,  1324,  1336,  and  1341  to 
1357  of  title  48. 

:;•'  *  si:  ^  :;<  *  * 

(b)  Review  of  interJocufory  orders  or  decrees  of  disfrief  eourts. — • 
The  circuit  court  of  appeals  shall  also  have  appellate  jurisdiction — 

First.  To  review  the  interlocutory  orders  or  decrees  of  the  dis- 
trict courts,  including  the  District  Courts  of  Alaska,  Hawaii,  Virgin 
Islands,  and  Canal  Zone,  which  are  specified  in  section  227  of  this 
title. 

******* 

(Mar.  3,  1891,  ch.  517,  sec.  6,  26  Stat.  828;  Mar.  3,  1911,  ch.  231,  sec. 
128,  36  Stat.  1133;  Jan.  28,  1915,  ch.  22,  sec.  2,  38  Stat.  803;  Feb.  7, 
1925,  ch.  150,  43  Stat.  813;  Feb.  13,  1925,  ch.  229,  sec.  1,  43  Stat.  936; 
May  20,  1926,  ch.  347,  sec.  13  (a),  44  Stat.  587;  Apr.  11,  1928,  ch.  354, 
sec.  1,  45  Stat.  422.) 

Ckoss-Refebence 
See,  also,  Canal  Zone  Code,  title  7,  sections  61  and  62. 

227.  Appeals  in  proceedings  for  injunctions  and  receivers. — 

Where,  upon  a  hearing  in  a  di.strict  court,  or  by  a  judge  thereof  in 
vacation,  an  injunction  is  granted,  continued,  modified,  refused,  or 
dissolved  by  an  interlocutory  order  or  decree,  or  an  application  to 
dis.solve  or  modify  an  injunction  .is  refused,  or  an  interlocutory 
order  or  decree  is  made  appointing  a  receiver,  or  refusing  an  order 
to  wind  up  a  pending  receivership  or  to  take  the  appropriate  steps 
to  accomplish  the  piu-poses  thereof,  such  as  directing  a  sale  or  other 
disposal  of  property  held  thereunder,  an  appeal  may  be  taken  from 
such  interlocutory  order  or  decree  to  the  circuit  court  of  appeals; 
and  sections  346  and  347  of  this  title  shall  apply  to  such  cases  in 
the  circuit  courts  of  appeals  as  to  other  cases  therein.  The  appeal 
to  the  circuit  court  of  appeals  must  be  applied  for  Avithin  thirty 
days  from  the  entry  of  such  order  or  decree,  and  shall  take  prece- 
dence in  the  appellate  court;  and  the  proceedings  in  other  respects 
in  the  district  court  shall  not  be  stayed  during  the  pendency  of  such 
appeal  unless  otherwise  ordered  by  the  court,  or  the  ai)pellate  court, 
or  a  judge  thereof.     The  district  court,  may,  in  its  discretion,  require 

982 


GENERAL  LAWS  [T.  28,  §  723a 

an  additional  bond  as  a  condition  of  the  appeal.  In  all  cases  where 
an  appeal  from  a  final  decree  in  admiralty  to  the  circuit  court  of  ap- 
peals is  allowed  an  appeal  may  also  be  taken  to  said  court  from  an 
interlocutory  decree  in  admiralty  determinin<y  the  rights  and  lia- 
bilities of  the  parties :  Provided^  That  the  same  is  taken  within  fif- 
teen da.ys  after  the  entry  of  the  decree :  And  promded  further^  That 
within  twenty  days  after  such  entry  the  appellant  shall  give  notice 
of  the  appeal  to  the  appellee  or  appellees:  but  the  taking  of  such 
appeal  shall  not  stay  proceedings  under  the  interlocutory  decree 
otherwise  ordered  hy  the  district  court  upon  such  terms  as  shall 
seem  just.  (Mar.  3,  1891,  ch.  517,  sec.  7,  26  Stat.  828;  Feb.  18,  1895, 
ch.  96,  28  Stat.  666;  June  6,  1900,  ch.  803,  31  Stat.  660;  Apr.  14,  1906, 
ch.  1627,  34  Stat.  116;  Mar.  3,  1911,  ch.  231,  sec.  129,  36  Stat.  1134; 
Feb.  13,  1925,  ch.  229,  sec.  1,  43  Stat.  937;  Apr.  3,  1926,  ch.  102,  44 
Stat.  233.) 

Note. — Sections  346  and  347  of  this  title,  referred  to  in  this  section,  relate, 
respectively,  to  the  certification  of  questions  to  the  Supreme  Court,  and  to  review 
by  the  Supreme  Court  on  certiorari. 

228.  Allowance  of  appeals  and  writs  of  error. — Any  judge  of  a 
circuit  court  of  appeals,  in  respect  of  cases  brought  or  to  be  brought 
before  that  court,  shall  have  the  same  powers  and  duties  as  to  allow- 
ances of  appeals  and  writs  of  error,  and  the  conditions  of  such  allow- 
ances, as  by  law  belong  to  the  justices  or  judges  in  respect  of  other 
courts  of  the  United  States,  respectively.  (Mar.  3,  1891,  ch.  517,  sec. 
11,  26  Stat.  829;  Mar.  3, 1911,  ch.  231,  sec.  132,  36  Stat.  1134.) 

Note. — Power  of  Supreme  Court  to  regulate  the  manner  of  taking  appeals  in 
criminal  cases,  see  section  723a  of  this  title. 

230.  Time  for  making  application  for  appeal  or  writ  of  error. — 

No  writ  of  error  or  appeal  intended  to  bring  any  judgment  or  decree 
before  a  circuit  court  of  appeals  for  review  shall  be  allowed  unless 
application  therefor  be  duly  made  within  three  months  after  the 
entry  of  such  judgment  or  decree.  (Mar.  3,  1891,  ch.  517,  sec.  11,  26 
Stat.  829;  Feb.  13,  1925,  ch.  229,  sec.  8  (c),  43  Stat.  940.) 

Note. — Power  of  Supreme  Court  to  regulate,  by  rule,  time  of  taking  appeals 
in  criminal  cases,  see  section  723a  of  this  title. 

The  writ  of  error  has  been  abolished  by  section  861a  of  this  title  and  appeal 
substituted  therefor. 

CHAPTER  16.— FEES,  COMPENSATION,  AND  ACCOUNTS  OF  OFFICERS 

Section  586a.  United  States  marshals;  accounts. — 

Note.— Tins  section  expressly  excepts  the  marshal  of  the  district  court  in  the 
Canal  Zone. 

CHAPTER  18.— PROCEDURE 

Section  723a.  Proceedings  in  criminal  cases  after  verdict  or  find- 
ing of  guilt;  power  of  Supreme  Court  to  prescribe  by  rule. — The 

Supreme  Court  of  the  United  States  shall  have  the  power  to  pre- 
scribe, from  time  to  time,  rules  of  practice  and  procedure  with 
respect  to  any  or  all  proceedings  after  verdict,  or  finding  of  guilt 
by  the  court  if  a  jury  has  been  waived,  or  plea  of  guilty,  in  criminal 
cases  in  district  courts  of  the  United  States,  including  the  District 
Courts  of  Alaska,  Hawaii,  Puerto  Rico,  Canal  Zone,  and  Virgin 

»83 


T.  28,  §  780]  GENERAL  LAWS 

Islands,  in  the  Supreme  Courts  of  the  District  of  Cohimbia,  Hawaii, 
and  Puerto  Rico,  in  tlie  United  States  Court  for  China,  in  the  United 
States  Circuit  Courts  of  Appeals,  in  the  Court  of  Appeals  of  the 
District  of  Columbia,  and  in  the  Supreme  Court  of  the  United 
States:  Promded^  That  nothing  herein  contained  shall  be  construed 
to  give  the  Supreme  Court  the  power  to  abridge  the  right  of  the 
accused  to  apply  for  withdrawal  of  a  plea  of  guilty,  if  such  appli- 
cation be  made  within  ten  cla^^s  after  entry  of  such  plea,  and  before 
sentence  is  imposed. 

The  right  of  appeal  shall  continue  in  those  cases  in  which  appeals 
are  now  authorized  by  law,  but  the  rules  made  as  herein  authorized 
ma}^  prescribe  the  times  for  and  manner  of  taking  appeals  and  apply- 
ing for  writs  of  certiorari  and  preparing  records  and  bills  of 
exceptions  and  the  conditions  on  which  supersedeas  or  bail  may  be 
allowed. 

The  Supreme  Court  may  fix  the  dates  when  such  rules  shall  take 
effect  and  the  extent  to  which  they  shall  apply  to  proceedings  then 
pending,  and  after  they  become  effective  all  laws  in  conflict  therewith 
shall  be  of  no  further  force.  (Feb.  24,  1933,  ch.  119,  sees.  1-3,  47 
Stat.  904;  Mar.  8,  1934,  ch.  — ,  48  Stat.  — .) 

780.  Survival    of   actions,   suits,   or    proceedings — 

(a)  By  or  against  officer  of  United  States,  Distinct  of  Columhia, 
Canal  Zone,  or  territory  or  insular  possession  of  United  States,  or  of 
county,  and  so  forth,  of  such  territory  or  insular  possession. — Where, 
dwring  the  pendency^  of  an  action,  suit,  or  other  proceeding  brought 
by  or  against  an  officer  of  the  United  States,  or  of  the  District  of 
Columbia,  or  the  Canal  Zone,  or  of  a  Territory  or  an  insular  posses- 
sion of  the  United  States,  or  of  a  county,  city,  or  other  governmental 
agency  of  such  Territory  or  insular  possession,  and  relating  to  the 
present  or  future  discharge  of  his  official  duties,  such  officer  dies, 
resigns,  or  otherwise  ceases  to  hold  such  office,  it  shall  be  competent 
for  the  court  wherein  the  action,  suit,  or  proceeding  is  pending, 
whether  the  court  be  one  of  first  instance  or  an  appellate  tribunal, 
to  permit  the  cause  to  be  continued  and  maintained  by  or  against 
the  successor  in  office  of  such  officer,  if  within  six  months  after  his 
death  or  separation  from  the  office  it  be  satisfactorily  shown  to  the 
court  that  there  is  a  substantial  need  for  so  continuing  and  maintain- 
ing the  cause  and  obtaining  an  adjudication  of  the  questions  involved. 

(c)  Notice  of  application  for  substitution  of  parties. — Before  a 
substitution  under  this  section  is  made,  the  party  or  officer  to  be 
affected,  unless  expressly  consenting  thereto,  must  be  given  reasonable 
notice  of  the  application  therefor  and  accorded  an  opportunity  to 
present  any  objection  which  he  may  have.  (Feb.  8,  1899,  ch.  121, 
30  Stat.  822;  Feb.  13,  1925,  ch.  229,  sec.  11,  43  Stat.  941.) 

861  to  880.  Procedure  on  error  and  appeal. — 

No-ng. — Insofar  as  these  sections  relate  to  writs  of  error  they  are  affected 
by  sections  861a  and  8Glh  of  title  28,  whicli  abolish  the  writ  of  error,  substitute 
appeal  therefor,  and  render  applicable  to  appeals  the  statutes  regulating  writs 
of  error. 

Relative  to  procedure  in  crinimal  cases  after  verdict,  see  section  723a  of  this 
title. 

984 


GENERAL  LAW8  [T.  31,  §  718 

UNITED  STATES  CODE,  TITLE  29 

LABOR 

Section  48  to  48g.  Employment  Stabilization  Act  of  1931. — 

Note.— The  Act  cited  to  the  text  was  entitled  "An  Act  to  provide  for  the 
advance  planning  and  repnilated  construction  of  public  works,  for  the  stabiliza- 
tion of  industry,  and  for  aiding  in  the  prevention  of  unemployment  during 
periods  of  business  depression." 

The  term  "  construction  agencies "  as  defined  in  section  4Sa,  Includes  the 
Panama  Canal. 

UNITED  STATES  CODE,  TITLE  31 

MONEY   AND   FINANCE 

Sections  1  to  58.  The  National  Budget  and  Audit  System.— 

(June  10,  1921,  ch.  18,  42  Stat.  20.) 

Note. — These  sections,  constituting  chapter  1  of  title  31,  were  derived  from 
the  Budget  and  Accounting  Act,  1921. 

71  to  122.  Audit  and  settlement  of  accounts. — 

Nqxe — These  sections,  some  of  the  provisionsi  of  which  may  be  of  interest 
in  the  Canal  Zone,  constitute  chapter  2  of  title  31. 

471  to  550.  The  public  moneys. — 

Note. — These  sections  constitute  chapter  10  of  title  31.  Some  of  the  sections 
which  may  be  of  interest  in  the  Canal  Zone  are  hereinafter  indicated. 

528.  Duplicates  for  lost,  stolen  or  destroyed  disbursing  officers' 
checks  or  postal  checks  or  warrants. — 

529.  Advances  of  public  moneys;  prohibition  against. — 

529a.  Same ;  enforcement  of  sections  relating  to  narcotic  drugs. — 

530.  Same;  payment  in  advance  for  periodicals. — 

Note. — See  also  title  5,  section  llSb. 

581  to  722.  Appropriations. — 

Note. — These  sections  constitute  chapter  11  of  title  31.  Some  of  the  sections 
which  may  be  of  interest  in  the  Canal  Zone  are  hereiuaf'ter  indicated. 

581.  Contents  of  estimates  of  appropriations  and  statements  of 
expenditures  and  estimated  expenditures;  statements  accompany- 
ing lump-sum  appropriations. — 

582.  Statements  required  with  estimates  for  lump-sum  appro- 
priations.— 

621.  Estimates  of  appropriations  for  Panama  Canal. —  (Aug.  1, 
1914,  ch.  223,  sec.  6,  38  Stat.  679.) 

Note. — This  section  is  considered  as  having  been  covered  by  the  Budget  and 
Accounting  Act,  1921. 

625.  Statement  of  proceeds  of  sales  of  old  material. — 

686,  686b.  Purchase  or  manufacture  of  stores  or  materials  or 
performance  of  services  by  bureau  or  department  for  another 
bureau  or  department. — 

Note. — Section  686  was  amended,  and  section  6S6b  added,  by  Act  June  30, 
1932,  ch.  314,  sees.  601,  602,  47  Stat.  417. 

718.  Appropriations  in  annual  appropriation  acts  not  per- 
manent.— 

93083—34 63  985 


T.  32,  §  121]  GENERAL  LAWS 

UNITED  STATES  CODE,  TITLE  32 

NATIONAL    GUARD 

Section   121.  Enlisted   strength   of   National   Guard. — *    *    * : 

Provided  further,  That  the  word  Territory  as  used  in  this  title  and 
in  all  laws  relating  to  the  land  militia  and  National  Guard  shall 
include  and  apply  to  Hawaii,  Alaska,  Porto  Rico,  and  the  Canal 
Zone,  and  the  militia  of  the  Canal  Zone  shall  be  organized  under  such 
rules  and  regulations,  not  in  conflict  Avith  the  provisions  of  this  title, 
as  the  President  may  prescribe.  (June  3,  1916,  ch.  134,  sec.  62,  39 
Stat.  198.) 

Note. — The  above  proviso  was  omitted  from  tlie  U.S.  Code,  but  was  restored 
by  the  seventh  supplement  thereto. 

UNITED  STATES  CODE,  TITLE  35 

PATENTS 

Sections  1  to  88.  Patents. — 

Notb:. — See  Canal  Zone  Code,  title  3,  section  391,  rendering  the  patent  laws 
of  the  United  States  of  the  same  force  and  effect  in  the  Canal  Zone  as  in  the 
United  States,  and  conferring  jurisdiction  in  actions  arising  under  such  laws 
upon  the  district  court. 

UNITED  STATES  CODE,  TITLE  39 

THE    POSTAL   SERVICE 

Sections  1  to  827.  The  Postal  Service. — 

Note. — See  Canal  Zone  Code,  title  2,  section  271.  relative  to  the  application  to 
the  Canal  Zone  postal  service  of  the  laws,  rules  and  regulations  of  the  Postal 
Service  of  the  United  States,  which  are  not  inapplicable  to  conditions  existing 
in  the  Canal  Zone. 

For  provisions  defining  postal  crimes,  see  title  18,  sections  301  to  361. 

UNITED  STATES  CODE,  TITLE  40 

PUBLIC   BUILDINGS,    PROPERTY,    AND    WORKS 

Section  40a.  Lease  of  buildings  to  Government;  maximum 
rental. — After  June  30,  1932,  no  appropriation  shall  be  obligated  or 
expended  for  the  rent  of  any  building  or  part  of  a  building  to  be 
occupied  for  Government  purposes  at  a  rental  in  excess  of  the  per 
annum  rate  of  15  jjer  centum  of  the  fair  market  value  of  the  rented 
premises  at  date  of  the  lease  under  which  the  premises  are  to  be  oc- 
cupied by  the  Gqvernment  nor  for  alterations,  improvements,  and 
repairs  of  the  rented  premises  in  excess  of  25  per  centum  of  the 
amount  of  the  rent  for  the  first  year  of  the  rental  term,  or  for  the 
rental  term  if  less  than  one  year:  Promded,  That  the  provisions  of 
this  section  shall  not  apply  to  leases  heretofore  made,  except  when 
renewals  thereof  are  made  hereafter,  nor  to  leases  of  premises  in 
foreign  countries  for  the  foreign  services  of  the  United  States :  Pro- 
vided further^  That  the  provisions  of  this  section  as  applicable  to 
rentals,  shall  apply  only  where  the  rental  to  be  paid  shall  exceed 
$2,000  per  annum.  (June  30,  1932,  ch.  314,  sec.  322,  47  Stat.  412; 
Mar.  3,  1933,  ch.  212,  Title  II,  sec.  15,  47  Stat.  1517.) 

9S6 


GENERAL  LAWS  [T.  41,  §  10a 

303b.  Lease  of  buildings  by  Government;  money  considera- 
tion.—After  June  30,  1932,  except  as  otherwise  specifically  provided 
by  law,  the  leasing  of  buildings  and  properties  of  the  United  States 
shall  be  for  a  money  consideration  only,  and  there  shall  not  be 
included  in  the  lease  any  provision  for  the  alteration,  repair,  or 
improvement  of  such  buildings  or  properties  as  a  part  of  the  consid- 
eration for  the  rental  to  paid  for  the  use  and  occupation  of  the  same. 
The  moneys  derived  from  such  rentals  shall  be  deposited  and  covered 
into  the  Treasury  as  miscellaneous  receipts.  (June  30,  1932,  ch.  314, 
sec.  321,  47  Stat.  412.) 

321  to  326.  Hours  of  labor  on  public  works.— (Aug.  1,  1892, 

ch.  352,  27  Stat.  340;  June  19,  1912,  ch.  174,  37  Stat.  137;  Mar.  3, 1913, 
ch.  106,  37  Stat.  726;  Mar.  4,  1917,  ch.  180,  39  Stat.  1192.) 

Note. — These  sections  fix  an  eight-hour  day  for  laborers  and  mechanics 
employed  on  a  public  work  of  the  United  States,  and  require  contracts  to  which 
the  United  States  is  a  party,  with  certain  exceptions,  to  provide  for  an  eight- 
hour  day. 

UNITED  STATES  CODE,  TITLE  41 

PUBLIC   CONTRACTS 

Section  5.  Advertisements  for  proposals  for  purchases  and  con- 
tracts for  supplies  or  services  for  departments  of  Government. — 

Except  as  otherwise  provided  by  law  all  purchases  and  contracts 
for  supplies  or  services  in  any  of  the  departments  of  the  Government 
and  purchases  of  Indian  supplies,  except  for  personal  services,  shall 
be  made  by  advertising  a  sufficient  time  previously  for  proposals 
respecting  the  same,  when  the  public  exigencies  do  not  require  the 
immediate  delivery  of  the  articles,  or  performance  of  the  service. 
When  immediate  delivery  or  performance  is  required  by  the  public 
exigency,  the  articles  or  service  required  may  be  procured  by  open 
purchase  or  contract,  at  the  places  and  in  the  manner  in  which  such 
articles  are  usually  bought  and  sold,  or  such  services  engaged,  between 
individuals.  (R.S.  sec.  3709;  June  25,  1910,  ch.  431,  sec.  23,  36  Stat. 
861.) 

Ceoss-Refeeence 

Purchase  of  supplies  for  use  of  Panama  Canal  or  for  use  in  Canal  Zone,  in 
the  open  market  and  without  advertising,  if  the  amount  involved  does  not 
exceed  $500,  see  Canal  Zone  Code,  title  2,  section  351. 

10a.  American  materials  required  for  public  use. — Notwithstand- 
ing any  other  provision  of  law,  and  unless  the  head  of  the  department 
or  independent  establishment  concerned  shall  determine  it  to  be 
inconsistent  with  the  public  interest,  or  the  cost  to  be  unreasonable, 
only  such  unmanufactured  articles,  materials,  and  supplies  as  have 
been  mined  or  produced  in  the  United  States,  and  only  such  manufac- 
tured articles,  materials,  and  supplies  as  have  been  manufactured  in 
the  United  States  substantially  all  from  articles,  materials,  or  supplies 
mined,  produced,  or  manufactured,  as  the  case  may  be,  in  the  United 
States,  shall  be  acquired  for  public  use.  This  section  shall  not  apply 
with  respect  to  articles,  materials,  or  supplies  for  use  outside  the 
United  States,  or  if  articles,  materials,  or  supplies  of  the  class  or 
kind  to  be  used  or  the  articles,  materials,  or  supplies  from  which 

987 


T.  41,  §  10b]  GENERAL  LAWS 

they  are  manufactured  are  not  mined,  produced,  or  manufactured, 
as  the  case  may  be,  in  the  United  States  in  sufficient  and  reasonably 
available  commercial  quantities  and  of  a  satisfactory  quality.  (Mar. 
3,  1933,  ch.  212,  title  III,  sec.  2,  47  Stat.  1520.) 

Note. — Relative  to  the  application  of  sections  10a  and  10b  to  the  Canal  Zone, 
see  section  10c  of  this  title. 

For  a  similar  provision  applicable  to  the  expenditure  of  appropriations  for 
the  military  and  nonmilitary  activities  of  the  War  Department,  see  title  10, 
section  1212. 

10b.  Contracts  for  public  works;  specification  for  use  of  Amer- 
ican materials;  blacklisting  contractors  violating  requirements. — 

(a)  Every  contract  for  the  construction,  alteration,  or  repair  of  any 
public  building  or  public  work  in  the  United  States  growing  out  of 
an  appropriation  heretofore  made  or  hereafter  to  be  made  shall  con- 
tain a  provision  that  in  the  performance  of  the  work  the  contractor, 
subcontractors,  material  men,  or  suppliers,  shall  use  only  such  un- 
manufactured articles,  materials,  and  supplies  as  have  been  mined  or 
produced  in  the  United  States,  and  only  such  manufactured  articles, 
materials,  and  supplies  as  have  been  manufactured  in  the  United 
States  substantially  all  from  articles,  materials,  or  supplies  mined, 
produced,  or  manufactured,  as  the  case  \\\^y  be,  in  the  United  States 
except  as  provided  in  section  10a  of  this  title:  Provided^  however^ 
That  if  the  head  of  the  department  or  independent  establishment 
making  the  contract  shall  find  that  in  respect  to  some  particular 
articles,  materials,  or  supplies  it  is  impracticable  to  make  such  re- 
quirement or  that  it  would  unreasonably  increase  the  cost,  an  excep- 
tion shall  be  noted  in  the  specifications  as  to  that  particular  article, 
material,  or  supply,  and  a  public  record  made  of  the  findings  which 
justified  the  exception. 

(b)  If  the  head  of  a  department,  bureau,  agency,  or  independent 
establishment  which  has  made  any  contract  containing  the  provision 
required  by  subsection  (a)  finds  that  in  the  performance  of  such 
contract  there  has  been  a  failure  to  comply  with  such  provisions,  he 
shall  make  public  his  findings,  including  therein  the  name  of  the 
contractor  obligated  under  such  contract,  and  no  other  contract  for 
the  construction,  alteration,  or  repair  of  any  public  building  or 
public  work  in  the  United  States  or  elsewhere  shall  be  awarded  to 
such  contractor,  subcontractors,  material  men,  or  suppliers  Avith 
which  such  contractor  is  associated  or  affiliated,  within  a  period  of 
three  years  after  such  finding  is  made  public.  (Mar.  3,  1933,  ch. 
212,  title  III,  sec.  3,  47  Stat.  1520.) 

10c.  Definition  of  terms  used  in  sections  10a  and  10b. — When 
used  in  sections  10a  and  10b  of  this  title — 

(a)  Tlie  term  "  United  States  ",  when  used  in  a  geographical  sense, 
includes  the  United  States  and  any  place  subject  to  the  jurisdiction 
thereof 

(b)  The  terms  "public  use",  "public  building",  and  "public 
work"  shall  mean  use  by,  public  building  of,  and  public  work  of,  the 
United  States,  the  District  of  Columbia,  Hawaii,  Alaska,  Puerto 
Rico,  the  Philippine  Islands,  American  Samoa,  the  Canal  Zone,  and 
the  Virgin  Islands.  (Mar.  3,  1933,  ch.  212,  title  III,  sec.  1,  47  Stat. 
1520.) 

9S8 


GENERAL  LAWS  [T.  45,  §  54 

26  and  27.  Exchange  and  disposition  of  typewriting  machines. — 

(Mar.  4,  1915,  cli.  147,  sec.  5,  38  Stat.  1161;  June  5,  1920,  ch.  235, 
sec.  7,  41  Stat.  947.) 

UNITED  STATES  CODE,  TITLE  45 

RAILROADS 

CHAPTER  1.— SAFETY  APPLIANCES  AND  EQUIPMENT   ON  RAILROAD 

ENGINES  AND  CARS 

Sections  1  to  10.  Safety  appliances  and  equipment  on  railway 
engines  and  cars.— (Mar.  2,  1893,  ch.  196,  27  Stat.  531;  April  1,  1896, 
ch.  87,  29  Stat.  85;  Mar.  2,  1903,  ch.  976,  32  Stat.  943.) 

Note. — These  sections  are  extended  so  as  to  apply  to  the  Canal  Zone  by  Canal 
Zone  Code,  title  2,  sections  241  to  244. 

CHAPTER   2.— LIABILITY   FOR   INJURIES   TO    EMPLOYEES 

Section  52.  Carriers  in  Territories  or  other  possessions  of  United 

States. — Every  common  carrier  by  raih'oad  in  the  Territories,  the 
District  of  Columbia,  the  Panama  Canal  Zone,  or  other  possessions 
of  the  United  States  shall  be  liable  in  damages  to  any  person  suffer- 
ing injury  while  he  is  employed  by  such  carrier  in  any  of  said  juris- 
dictions, or,  in  case  of  the  deatli  of  such  employee,  to  his  or  her  per- 
sonal representative,  for  the  benefit  of  the  surviving  widow  or  hus- 
band and  children  of  such  employee ;  and,  if  none,  then  of  such  em- 
ployee's parents ;  and,  if  none,  then  of  the  next  of  kin  dependent  upon 
such  employee,  for  such  injury  or  death  resulting  in  whole  or  in  part 
from  the  negligence  of  any  of  the  officers,  agents,  or  employees  of 
such  carrier,  or  by  reason  of  any  defect  or  insufficiency,  due  to  its 
negligence,  in  its  cars,  engines,  appliances,  machinery,  track,  road- 
bed, works,  boats,  wharves,  or  other  equipment.  (Apr.  22,  1908,  ch. 
149,  sec.  2,  35  Stat.  65.) 

Cross-Reference 

Compensation  for  injury  to  or  death  of  emploj^ees  of  the  Panama  Railroad 
Company,  see  title  5,  sections  751  to  793. 

53.  Contributory  negligence;    diminution  of   damages. — In   all 

actions  hereafter  brought  against  any  such  common  carrier  by  rail- 
road under  or  by  virtue  of  any  of  the  provisions  of  this  chapter  to 
recover  damages  for  personal  injuries  to  an  employee,  or  where  such 
injuries  have  resulted  in  his  death,  the  fact  that  the  employee  may 
have  been  guilty  of  contributory  negligence  shall  not  bar  a  recovery, 
but  the  damages  shall  be  diminished  by  the  jury  in  proportion  to  the 
amount  of  negligence  attributable  to  such  employee :  Provided,  That 
no  such  employee  who  may  be  injured  or  killed  shall  be  held  to  have 
been  guilty  of  contributory  negligence  in  any  case  where  the  viola- 
tion by  such  common  carrier  of  any  statute  enacted  for  the  safety  of 
employees  contributed  to  the  injury  or  death  of  such  employee. 
(Apr.  22,  1908,  ch.  149,  sec.  3,  35  Stat.  66.) 

54.  Assumption  of  risks  of  employment. — In  any  action  brought 
against  any  common  carrier  under  or  by  virtue  of  any  of  the  provi- 
sions of  this  chapter  to  recover  damages  for  injuries  to,  or  the  death 


T.  45,  §  55]  GENERAL  LAWS 

of,  any  of  its  employees,  such  employee  shall  not  be  held  to  have  as- 
sumed the  risks  of  his  employment  in  any  case  where  the  violation 
by  such  common  carrier  of  any  statute  enacted  for  the  safety  of  em- 
ployees contributed  to  the  injury  or  death  of  such  employee.  (Apr. 
22,  1908,  ch.  149,  sec.  4,  35  Stat.  66.) 

Ceoss-Refekence 
Assumption  of  risk,  see,  also,  section  7  of  this  title. 

55.  Contract,  rule,  regulation,  or  device  exempting  from  liabiKty; 
set-off. — Any  contract,  rule,  regulation,  or  device  whatsoever,  the 
purpose  or  intent  of  which  shall  be  to  enable  any  common  carrier  to 
exempt  itself  from  any  liability  created  by  this  chapter,  shall  to  that 
extent  be  void:  Provided^  That  in  any  action  brought  against  any 
such  common  carrier  under  or  by  virtue  of  any  of  the  provisions  of 
this  chapter,  such  common  carrier  may  set  off  therein  any  sum  it  has 
contributed  or  paid  to  any  insurance,  relief  benefit,  or  indemnity  that 
may  have  been  paid  to  the  injured  employee  or  the  person  entitled 
thereto  on  account  of  the  injury  or  death  for  which  said  action  was 
brought.     (Apr.  22,  1908,  ch.  149,  sec.  5,  35  Stat.  66.) 

56.  Actions ;•  limitation ;  concurrent  jurisdiction  of  courts;  re- 
moval of  case  in  State  court. — No  action  shall  be  maintained  under 
this  chapter  unless  commenced  within  two  years  from  the  day  the 
cause  of  action  accrued. 

Under  this  chapter  an  action  may  be  brought  in  a  district  court  of 
the  United  States,  in  the  district  of  the  residence  of  the  defendant,  or 
in  which  the  cause  of  action  arose,  or  in  which  the  defendant  shall  be 
doing  business  at  the  time  of  commencing  such  action.  The  jurisdic- 
tion of  the  courts  of  the  United  States  under  this  chapter  shall  be 
concurrent  with  that  of  the  courts  of  the  several  States,  and  no  case 
arising  under  this  chapter  and  brought  in  any  State  court  of  compe- 
tent jurisdiction  shall  be  removed  to  aivy  court  of  the  United  States. 
(Apr.  22, 1908,  ch.  149,  sec.  6,  35  Stat.  66;  Apr.  5,  1910,  ch.  143,  sec.  1, 
36  Stat.  291.) 

57.  Who  included  in  term  "  common  carrier." — The  term  "  com- 
mon carrier  "  as  used  in  this  chapter  shall  include  the  receiver  or 
receivers  or  other  persons  or  corporations  charged  with  the  duty  of 
the  management  and  operation  of  the  business  of  a  common  carrier. 
(Apr.  22,  1908,  ch.  149,  sec.  T,  35  Stat.  66.) 

58.  Duty  or  liability  of  common  carriers  and  rights  of  employees 
under  other  Acts  not  impaired. — Nothing  in  this  chapter  shall  be 
held  to  limit  the  duty  or  liability  of  common  carriers  or  to  impair  the 
rights  of  their  employees  under  any  other  Act  or  Acts  of  Conirress. 
(Apr.  22,  1908,  ch.  149,  sec.  8,  35  Stat.  66.) 

59.  Survival  of  right  of  action  of  person  injured. — Any  right  of 
action  given  by  this  chapter  to  a  ])ers()n  sull'ering  injury  shall  sur- 
vive to  his  or  her  personal  representative,  for  the  benefit  of  the  surviv- 
ing widow  or  husband  and  children  of  such  employee,  and,  if  none, 
then  of  such  employee's  parents;  and,  if  none,  then  of  the  next  of 
kin  dependent  upon  such  employee,  but  in  such  cases  there  shall  be 
only  one  recovery  for  the  same  injury.  (Apr.  22,  1908,  ch.  149,  sec. 
9;  Apr.  5,  1910,  ch.  143,  sec.  2,  36  ^tat.  291.) 

990 


GENERAL  LAWS  [T.  46,  §  741 

UNITED  STATES  CODE,  TITLE  46 

SHIPPING 

Ch.  Sec. 


2.  Registry  and  Rocordiiig 12 

18.  Merchant    Seamen 541 

20.  Suits  In  Admiralty  By  Or 
Against  Vessels  Or  Cargoes  Of 
United  States 741 


Ch.  Sec. 
21.  Death    On    The    High    Seas    By 

Wrongful  Act 761 

23.   Shipping  Act 801 


Cboss-Refebencb 

For  provisions  respecting  jurisdiction,  practice  and  procedure  in  admiralty, 
see  Canal  Zone  Code,  title  7,  sections  23  and  25. 

CHAPTER  2.— REGISTRY  AND  RECORDING 

Section  12.  Provisional  certificates  of  registry  to  vessels 
abroad. — Consular  officers  of  the  United  States  and  such  other  per- 
sons as  may  from  time  to  time  be  designated  by  the  President  for 
the  purpose  are  autliorized  to  issue  provisional  certificates  of  regis- 
try to  vessels  abroad  which  have  been  purchased  by  citizens  of  the 
United  States,  including  corporations,  as  defined  in  the  preceding 
section. 

(a)  Such  a  provisional  certificate  shall  entitle  the  vessel  to  the 
privileges  of  a  vessel  of  the  United  States  in  trade  with  foreign 
countries  or  with  the  Philippine  Islands  and  the  islands  of  Guam 
and  Tutuila  until  the  expiration  of  six  months  from  its  date  or  until 
ten  days  after  the  vessel's  arrival  at  a  port  of  the  United  States, 
whichever  first  happens,  and  no  longer.  On  arrival  at  a  port  of  the 
United  States  the  vessel  shall  become  subject  to  the  laws  relating 
to  officers,  inspection,  and  measurement. 

(b)  The  Secretary  of  Commerce  shall  prescribe  the  conditions  in 
accordance  with  which  such  provisional  certificates  shall  be  issued 
and  the  manner  in  which  they  shall  be  surrendered  in  exchange  for 
certificates  of  registry  at  ports  of  the  United  States. 

(c)  The  form  of  such  provisional  certificate  shall  be  prescribed 
by  the  Commissioner  of  Navigation  and  shall  include  the  name  of  the 
ship  and  of  the  master,  time  and  place  of  purchase  and  names  of 
purchasers,  and  the  best  particulars  respecting  her  tonnage,  build, 
description,  and  inspection  or  survey  which  the  consular  officer  is 
able  to  obtain. 

(d)  Copies  of  such  provisional  certificates  shall  be  forwarded  as 
soon  as  practicable  by  the  issuing  officer  to  the  Commissioner  of  Navi- 
gation.    (Mar.  4, 1915,  ch.  172,  sec.  1,  38  Stat.  1193.) 

CHAPTER  18.— MERCHANT  SEAMEN 

Sections  541  to  713.  Merchant  seamen. — 

Note. — ^Respecting  the  application  to  seamen  of  vessels  of  the  United  States 
at  the  Canal  Zone  of  the  laws  relating  to  seamen  of  vessels  of  the  United  States 
on  foreign  voyages,  see  Canal  Zone  Code,  title  2,  sections  391  and  392. 

CHAPTER  20.— SUITS  IN  ADMIRALTY  BY  OR  AGAINST  VESSELS  OR 
CARGOES  OF  UNITED  STATES 

Section  741.  Exemption  of  United  States  vessels  and  cargoes 
from  arrest  or  seizure. — No  vessel  owned  by  the  United  States  or 

991 


T.  46,  §  742]  GENERAL  LAWS 

by  any  corporation  in  which  the  United  States  or  its  representatives 
shall  own  the  entire  outstanding  capital  stock  or  in  the  possession 
of  the  United  States  or  of  such  corporation  or  operated  by  or  for  the 
United  States  or  such  corporation,  and  no  cargo  owned  or  possessed 
by  the  United  States  or  by  such  corporation,  shall,  in  view  of  the 
provision  herein  made  for  a  libel  in  personam,  be  subject  to  arrest 
or  seizure  by  judicial  process  in  the  United  States  or  its  possessions: 
Provided,  That  this  chapter  shall  not  apply  to  the  Panama  Railroad 
Company.     (Mar.  9,  1920,  ch.  95,  sec.  1,  41  Stat.  525.) 

742.  Libel  in  personam. — In  cases  where  if  such  vessel  were 
l^rivately  owned  or  operated,  or  if  such  cargo  were  privately 
owned  and  possessed,  a  proceeding  in  admiralty  could  be  main- 
tained at  the  time  of  the  commencement  of  the  action  herein  pro- 
vided for,  a  libel  in  personam  may  be  brought  against  the  United 
States  or  against  such  corporation,  as  the  case  may  be,  provided  that 
such  vessel  is  employed  as  a  merchant  vessel  or  is  a  tugboat  operated 
by  such  corporation.  Such  suits  shall  be  brought  in  the  district 
court  of  the  United  States  for  the  district  in  which  the  parties  so 
suing,  or  any  of  them,  reside  or  have  their  principal  place  of  business 
in  the  United  States,  or  in  which  the  vessel  or  cargo  charged  with 
liability  is  found.  The  libelant  shall  forthwith  serve  a  copy  of  his 
libel  on  the  United  States  attorney  for  such  district  and  mail  a  copy 
thereof  by  registered  mail  to  the  Attorney  General  of  the  United 
States,  and  shall  file  a  sworn  return  of  such  service  and  mailing. 
Such  service  and  mailing  shall  constitute  valid  service  on  the  United 
States  and  such  corporation.  In  case  the  United  States  or  such 
corporation  shall  file  a  libel  in  rem  or  in  personam  in  any  district, 
a  cross  libel  in  personam  may  be  filed  or  a  set-off  claimed  against 
the  United  States  or  such  corporation  with  the  same  force  and 
effect  as  if  the  libel  had  been  filed  by  a  private  party.  Upon  appli- 
cation of  either  party  the  cause  may,  in  the  discretion  of  the  court, 
be  transferred  to  any  other  district  court  of  the  United  States,  (Mar. 
9,  1920,  ch.  95,  sec.  2,  41  Stat.  525.) 

743.  Procedure  in  cases  of  libel  in  personam. — Such  suits  shall 
proceed  and  shall  be  heard  and  determined  according  to  the  prin- 
ciples of  law  and  to  the  rules  of  practice  obtaining  in  like  cases 
between  private  parties.  A  decree  against  the  United  States  or 
such  corporation  may  include  costs  of  suit,  and  when  the  decree 
is  for  a  money  judgment,  interest  at  the  rate  of  4  per  centum  per 
annum  until  satisfied,  or  at  any  higher  rate  which  shall  be  stipulated 
in  any  contract  upon  which  such  decree  shall  be  based.  Interest 
shall  run  as  ordered  by  the  court.  Decrees  shall  be  subject  to  appeal 
and  revision  as  provided  in  other  cases  of  admiralty  and  maritime 
jurisdiction.  If  the  libelant  so  elects  in  his  libel,  the  suit  may  pro- 
ceed in  accordance  with  the  ])rinciples  of  libels  in  rem  wherever 
it  shall  appear  that  had  the  vessel  or  cargo  been  privately  owned 
and  possessed  a  libel  in  rem  might  have  been  maintained.  Election 
so  to  proceed  shall  not  preclude  the  libelant  in  any  proper  case 
from  seeking  relief  in  personam  in  the  same  suit.  Neither  the 
United  States  nor  such  corporation  shall  be  required  to  give  any 
bond   or   admiralty   sti])ulation   on   any   proceeding   brought  here- 

992 


GENERAL  LAWS  [T.  46,  §  746 

under.  Any  such  bond  or  stipulation  given  prior  to  March  9,  1920, 
in  admiralty  causes  by  the  United  States,  the  United  States  Shipping 
Board,  or  the  United  States  Shipping  Board  Merchant  Fleet  Corpo- 
ration, shall  become  void  and  be  surrendered  and  canceled  upon  the 
filing  of  a  suggestion  by  the  Attorney  General  or  other  duly  author- 
ized law  officer  that  the  United  States  is  interested  in  such  cause, 
and  assumes  liability  to  satisfy  any  decree  included  within  said 
bond  or  stipulation,  and  thereafter  any  such  decree  shall  be  paid 
as  provided  in  section  748  of  this  chapter.  (Mar.  9,  1920,  ch.  95, 
sec.  3,  41  Stat.  526.) 

743a.  Same;  interest. — No  interest  shall  be  allovv^ed  on  any  claim 
prior  to  the  time  when  suit  on  such  claim  is  brought  as  authorized 
by  section  745  of  this  title.  (Mar.  9,  1920,  ch.  95,  sec.  5,  41  Stat. 
526;  June  30,  1932,  ch.  315,  47  Stat.  420.) 

744.  Release   of  privately   owned  vessel  after   seizure. — If   a 

privately  owned  vessel  not  in  the  possession  of  the  United  States 
or  of  such  corporation  is  arrested  or  attached  upon  any  cause  of 
action  arising  or  alleged  to  have  arisen  from  previous  possession, 
ownership,  or  operation  of  such  vessel  by  the  United  States  or  by 
such  corporation,  such  vessel  shall  be  released  without  bond  or 
stipulation  therefor  upon  the  suggestion  by  the  United  States, 
through  its  Attorney  General  or  other  duly  authorized  law  officer, 
that  it  is  interested  in  such  cause,  desires  such  release,  and  assumes 
the  liability  for  the  satisfaction  of  any  decree  obtained  by  the 
libelant  in  such  cause,  and  thereafter  such  cause  shall  proceed  against 
the  United  States  in  accordance  with  the  provisions  of  this  chapter. 
(Mar.  9,  1920,  ch.  95,  sec.  4,  41  Stat.  526.) 

745.  Causes  of  action  on  vi^hich  suits  may  be  brought;  limita- 
tions.— Suits  as  authorized  in  this  chapter  shall  be  brought  within 
two  years  after  the  cause  of  action  arises :  Provided  further^  That  the 
limitations  in  this  section  contained  for  the  commencement  of  suits 
hereunder  shall  not  bar  any  suit  against  the  United  States  or  the 
United  States  Shipping  Board  Merchant  Fleet  Corporation,  formerly 
known  as  the  United  States  Shipping  Board  Emergency  Fleet  Corpo- 
ration, brought  hereunder  on  or  before  December  31,  1932,  if  such 
suit  is  based  upon  a  cause  of  action  whereon  a  prior  suit  in  admiralty 
or  an  action  at  law  or  an  action  under  subdivision  (1)  of  section  250 
of  title  28,  was  commenced  prior  to  January  6,  1930,  and  was  or  may 
hereafter  be  dismissed  because  not  commenced  within  the  time  or  in 
the  manner  prescribed  in  this  section,  or  otherwise  not  commenced  or 
prosecuted  in  accordance  with  its  provisions :  Provided  further^  That 
such  prior  suit  must  have  been  commenced  within  the  statutory 
period  of  limitation  for  common-law  actions  against  the  United 
States  cognizable  in  the  Court  of  Claims:  Provided  further^  That 
there  shall  not  be  revived  hereby  any  suit  at  law,  in  admiralty,  or 
under  subdivision  (1)  of  section  250  of  title  28  heretofore  or  here- 
after dismissed  for  lack  of  prosecution  after  filing  of  suit.  (Mar.  9, 
1920,  ch.  95,  sec.  5,  41  Stat.  526;  June  30,  1932,  ch.  315,  47  Stat.  420.) 

746.  Exemptions  and  limitations  of  liability. — The  United  States 
or  such  corporation  shall  be  entitled  to  the  benefits  of  all  exemptions 

993 


T.  46,  §  747]  GENERAL  LAWS 

and  of  all  limitations  of  liability  accorded  by  law  to  the  owners, 
charterers,  operators,  or  agents  of  vessels.  (Mar.  9,  1920,  ch.  95,  sec. 
6,  41  Stat.  527.) 

747.  Seizures  in  foreign  jurisdictions. — If  any  vessel  or  cargo 
within  the  purview  of  sections  741  and  744  of  this  chapter,  is  arrested, 
attached,  or  otherwise  seized  by  process  of  any  court  in  any  country 
other  than  the  United  States,  or  if  any  suit  is  brought  therein  against 
the  master  of  any  such  vessel  for  any  cause  of  action  arising  from,  or 
in  connection  with,  the  possession,  operation,  or  ownership  of  any 
such  vessel,  or  the  possession,  carriage,  or  ownership  of  any  such 
cargo,  the  Secretary  of  State  of  the  United  States  in  his  discretion, 
upon  the  request  of  the  Attorney  General  of  the  United  States,  or  any 
other  officer  duly  authorized  by  him,  may  direct  the  United  States 
consul  residing  at  or  nearest  the  place  at  which  such  action  may  have 
been  commenced  to  claim  such  vessel  or  cargo  as  immune  from  such 
arrest,  attachment,  or  other  seizure,  and  to  execute  an  agreement, 
undertaking,  bond,  or  stipulation  for  and  on  behalf  of  the  United 
States,  or  the  United  States  Shipping  Board,  or  such  corporation  as 
by  said  court  required,  for  the  release  of  such  vessel  or  cargo,  and 
for  the  prosecution  of  any  appeal ;  or  may,  in  the  event  of  such  suits 
against  the  master  of  any  such  vessel,  direct  said  United  States  consul 
to  enter  the  appearance  of  the  United  States,  or  of  the  United  States 
Shipping  Board,  or  of  such  corporation,  and  to  pledge  the  credit 
thereof  to  the  payment  of  any  judgment  and  cost  that  irtay  be  entered 
in  such  suit.  The  Attorney  General  is  vested  with  power  and  au- 
thority to  arrange  with  any  bank,  surety  company,  person,  firm,  or 
corporation  in  the  United  States,  its  Territories  and  possessions,  or  in 
any  foreign  country,  to  execute  any  such  aforesaid  bond  or  stipula- 
tion as  surety  or  stipulator  thereon,  and  to  pledge  the  credit  of  the 
United  States  to  the  indemnification  of  such  surety  or  stipulator  as 
may  be  required  to  secure  the  execution  of  such  bond  or  stipulation. 
The  presentation  of  a  copy  of  the  judgment  roll  in  any  such  suit, 
certified  by  the  clerk  of  the  court  and  authenticated  by  the  certificate 
and  seal  of  the  United  States  consul  claiming  such  vessel  or  cargo, 
or  his  successor,  and  by  the  certificate  of  the  Secretary  of  State  as 
to  the  official  capacity  of  such  consul,  shall  be  sufficient  evidence  to 
the  proper  accounting  officers  of  the  United  States,  or  of  the  United 
States  Shipping  Board,  or  of  such  corporation,  for  the  allowance  and 
payment  of  such  judgments:  Provided,  however,  That  nothing  in  this 
section  shall  be  held  to  prejudice  or  preclude  a  claim  of  the  immunity 
of  such  vessel  or  cargo  from  foreign  jurisdiction  in  a  proper  case. 
(Mar.  9,  1920,  ch.  95,  sec.  7,  41  Stat.  527.) 

748.  Payment  of  judgment,  award,  or  settlement. — Any  final 
judgment  rendered  in  any  suit  herein  authorized,  and  any  final 
judgment  within  the  purview  of  sections  744  and  747  of  this  chapter, 
and  any  arbitration  award  or  settlement  had  and  agreed  to  under  the 
provisions  of  section  749  of  this  chapter,  shall,  upon  the  presentation 
of  a  duly  authenticated  copy  thereof,  be  paid  by  the  proper  account- 
ing officers  of  the  United  States  out  of  an}'^  appropriation  or  insurance 
fund  or  other  fund  especially  available  therefor;  otherwise  there 


994 


GENERAL  LAWS  [T.  46,  §  752 

is  appropriated  out  of  any  money  in  the  Treasury  of  the  United 
States  not  otherwise  appropriated,  a  sum  suiSicient  to  pay  any  such 
judgment  or  award  or  settlement.  (Mar.  9,  1920,  ch.  95,  sec.  8,  41 
Stat.  527.) 

749.  Arbitration,   compromise,   or   settlement   of  claims. — The 

Secretary  of  any  department  of  the  Government  of  the  United 
States,  or  the  United  States  Shipping  Board,  or  the  board  of  trustees 
of  such  corporation,  having  control  of  the  possession  or  operation 
of  any  merchant  vessel  are,  and  each  is,  authorized  to  arbitrate, 
compromise,  or  settle  any  claim  in  which  suit  will  lie  under  the 
provisions  of  sections  742,  744,  and  750  of  this  chapter.  (Mar.  9, 
1920,  ch.  95,  sec.  9,  41  Stat.  527.) 

750.  Recovery  for   salvage  services  by  vessel  or   crew. — The 

United  States,  and  the  crew  of  any  merchant  vessel  owned  or 
operated  by  the  United  States,  or  such  corporation,  shall  have  the 
right  to  collect  and  sue  for  salvage  services  rendered  by  such  vessel 
and  crew,  and  any  moneys  recovered  therefrom  by  the  United  States 
for  its  own  benefit,  and  not  for  the  benefit  of  the  crew,  shall  be 
covered  into  the  United  States  Treasury  to  the  credit  of  the  depart- 
ment of  the  Government  of  the  United  States,  or  of  the  United 
States  Shipping  Board,  or  of  such  corporation,  having  control  of 
the  possession  or  operation  of  such  vessel.  (Mar,  9,  1920,  ch.  95, 
sec.  10,  41  Stat.  528.) 

751.  Disposition  of  moneys  recovered  by  United  States. — All 

moneys  recovered  in  any  suit  brought  by  the  United  States  on  any 
cause  of  action  arising  from,  or  in  connection  with,  the  possession, 
operation,  or  ownership  of  any  merchant  vessel,  or  the  possession, 
carriage,  or  ownership  of  any  cargo,  shall  be  covered  into  the  United 
States  Treasury  to  the  credit  of  the  department  of  the  Government 
of  the  United  States,  or  of  the  United  States  Shipping  Board,  or  of 
such  aforesaid  corporation,  having  control  of  the  vessel  or  cargo 
with  respect  to  which  such  cause  of  action  arises,  for  reimbursement 
of  the  appropriation,  or  insurance  fund,  or  other  funds,  from  which 
the  loss,  damage,  or  compensation  for  which  said  judgment  was 
recovered  has  been  or  will  be  paid.  (Mar.  9,  1920,  ch.  95,  sec.  11, 
41  Stat.  528.) 

752.  Reports  as  to  suits,  awards,  and  settlements. — The  At- 
torney General  shall  report  to  the  Congress  at  each  session  thereof 
the  suits  under  this  chapter  in  which  final  judgment  shall  have  been 
rendered  for  or  against  the  United  States  and  such  aforesaid  cor- 
poration, and  the  Secretary  of  any  department  of  the  Government 
of  the  United  States,  and  the  United  States  Shipping  Board,  and 
the  board  of  trustees  of  any  such  aforesaid  corporation,  shall  like- 
wise report  the  arbitration  awards  or  settlements  of  claims  which 
shall  have  been  agreed  to  since  the  previous  session,  and  in  which 
the  time  to  appeal  shall  have  expired  or  have  been  waived.  (Mar. 
9, 1920,  ch.  95,  sec.  12,  41  Stat.  528.) 


995 


T.  46,  §  T61]  GENERAL  LAWS 

CHAPTER  21.— DEATH  ON  THE  HIGH   SEAS  BY  WRONGFUL  ACT 

Sections  761  to  768.  Suits  in  admiralty  for  damages  for  wrong- 
ful death  on  the  high  seas.— (Mar.  30,  1920,  ch.  Ill,  47  Stat.  537.) 

Note. — These  sections  are  reiulered  inapplicable  to  navigable  waters  in  the 
Canal  Zone  by  section  767  of  this  title. 

Relative  to  the  admiralty  jurisdiction  of  the  district  court,  see  Canal  Zone 
Code,  title  7.  sections  23  and  25. 

CHAPTER  23.— SHIPPING  ACT 

Sections  801  to  842.  Shipping  Act,  1916,  as  amended. —  (Sept.  7, 
1916,  ch.  451,  39  Stat.  728,  as  amended.) 

Note;. — The  act  of  Sept.  7,  1916,  was  entitled  "An  act  to  establish  a  United 
States  Shipping  Board  for  tlie  purpose  of  encouraging,  developing,  and  creating 
a  naval  auxiliary  and  naval  reserve  and  a  merchant  marine  to  meet  the  require- 
ments of  the  commerce  of  the  United  States  with  its  territories  and  posses- 
sions and  with  foreign  countries ;  to  regulate  carriers  by  water  engaged  in  the 
foreign  and  interstate  commerce  of  the  United  States ;  and  for  other  purposes." 

With  respect  to  the  application  of  these  sections  to  possessions  of  the  United 
States,  see  section  801  of  this  title. 

With  respect  to  the  jurisdiction  of  courts  in  possessions,  see  section  829  of 
this  title. 

CHAPTER  24A.— MERCHANT  MARINE  ACT,  1928 

Sections  891  to  891y.  Merchant  Marine  Act,  1928,— (May  22, 
1928,  ch.  675,  45  Stat.  689;  as  amended.) 

Note. — ^The  Act  above  cited  was  entitled  "An  Act  to  further  develop  an  Amer- 
ican merchant  marine,  to  assure  its  permanence  in  the  transportation  of  the 
foreign  trade  of  the  United  States,  and  for  other  purposes." 

Section  891u  defines  the  words  "  foreign  trade  "  to  mean  "  trade  between  the 
United  States,  its  Territories  or  possessions,  or  the  District  of  Columbia  and  a 
foreign  country :  Promdcd,  however.  That  the  loading  or  the  unloading  of  cargo, 
mail,  or  passengers  at  any  port  in  any  Territory  or  possession  of  the  United 
States  shall  be  construed  to  be  foreign  trade  if  the  stop  at  such  Territory  or 
possession  is  an  intermediate  stop  on  what  would  otherwise  be  a  voyage  in 
foreign   trade." 

Section  891r,  relative  to  the  transportation  of  government  officials,  is  herein- 
after shown. 

891r.  Transportation  of  Government  officials. — Any  officer  or  em- 
ployee of  the  United  States  traveling  on  official  business  overseas  to 
foreign  countries,  or  to  any  of  the  possessions  of  the  United  States, 
shall  travel  and  transport  his  personal  effects  on  ships  registered 
under  the  laws  of  the  United  States  when  such  ships  are  available, 
unless  the  necessity  of  his  mission  requires  the  use  of  a  ship  under 
a  foreign  flag:  Provided^  That  the  Comptroller  General  of  the 
United  States  shall  not  credit  any  allowance  for  travel  or  shipping 
expenses  incurred  on  a  foreign  ship  in  the  absence  of  satisfactory 
proof  of  the  necessity  therefor.  (May  22,  1928,  ch.  675,  sec.  601, 
45  Stat.  697.) 

UNITED  STATES  CODE,  TITLE  47 

TELEGRAPHS,    TELEPHONES.    AND    RADIO-TELEGRAPHS 

Ch.                                                                      Sec.    I    Ch.  Sec. 

2.   Submarine  cables 3-1    I   4.   Radio  Act   of   192T 115 

CHAPTER  2.— SUBMARINE  CABLES 

Section  34.  Licenses  for  landing  or  operating  cables  connecting 
United  States  with  foreign  country;  necessity  for. — No  person 

996 


GENERAL  LAWS  [T.  47,  §  39 

shall  land  or  operate  in  the  United  States  any  submarine  cable 
directly  or  indirectly  connecting  the  United  States  with  any  foreign 
country,  or  connecting  one  portion  of  the  United  States  with  any 
other  portion  thereof,  unless  a  written  license  to  land  or  operate 
such  cable  has  been  issued  by  the  President  of  the  United  States. 
The  conditions  of  sections  34  to  39  of  this  title  shall  not  apply  to 
cables,  all  of  which,  including  both  terminals,  lie  wholly  within  the 
continental  United  States.     (May  27,  1921,  ch.  12,  sec.  1,  42  Stat.  8.) 

Cross-Refeeence 

Term  "  United  States  "  as  including  tlie  Canal  Zone,  see  section  38  of  this 
title. 

35.  Same;  withholding  or  revoking  by  President;  terms  and 
conditions  of  licenses. — The  President  may  withhold  or  revoke  such 
license  when  he  shall  be  satisfied  after  due  notice  and  hearing  that 
such  action  will  assist  in  securing  rights  for  the  landing  or  operation 
of  cables  in  foreign  countries,  or  in  maintaining  the  rights  or  inter- 
ests of  the  United  States  or  of  its  citizens  in  foreign  countries,  or  will 
promote  the  security  of  the  United  States,  or  may  grant  such  license 
upon  such  terms  as  shall  be  necessary  to  assure  just  and  reasonable 
rates  and  service  in  the  operation  and  use  of  cables  so  licensed.  The 
license  shall  not  contain  terms  or  conditions  granting  to  the  licensee 
exclusive  rights  of  landing  or  of  operation  in  the  United  States. 
Nothing  herein  contained  shall  be  construed  to  limit  the  power  and 
jurisdiction  heretofore  granted  the  Interstate  Commerce  Commission 
with  respect  to  the  transmission  of  messages.  (May  27,  1921,  ch. 
12,  sec.  2,  42  Stat.  8.) 

36.  Same;  preventing  landing  or  operating  of  cables. — The  Presi- 
dent is  empowered  to  prevent  the  landing  of  any  cable  about  to  be 
landed  in  violation  of  sections  34  to  39  of  this  title.  Vv^hen  any  such 
cable  is  about  to  be  or  is  landed  or  is  being  operated  without  a 
license,  any  district  court  of  the  United  States  exercising  jurisdiction 
in  the  district  in  which  such  cable  is  about  to  be  or  is  landed,  or  any 
district  court  of  the  United  States  having  jurisdiction  of  the  parties, 
shall  have  jurisdiction,  at  the  suit  of  the  United  States,  to  enjoin 
the  landing  or  operation  of  such  cable  or  to  compel,  by  injunction, 
the  removal  thereof.     (May  27,  1921,  ch.  12,  sec.  3,  42  Stat.  8.) 

37.  Same;  violations;  punishment. — Whoever  knowingly  com- 
mits, instigates,  or  assists  in  any  act  forbidden  by  section  34  of  this 
title  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  more 
than  $5,000,  or  imprisoned  for  not  more  than  one  year,  or  both. 
(May  27,  1921,  ch.  12,  sec.  4,  42  Stat.  8.) 

38.  Same ;  definitions. — The  term  "  United  States  "  as  used  in  sec- 
tions 34  to  39  of  this  title  includes  the  Canal  Zone,  the  Philippine 
Islands,  and  all  territory  continental  or  insular,  subject  to  the 
jurisdiction  of  the  United  States  of  America.  (May  27,  1921,  ch. 
i2,  sec.  5,  42  Stat.  8.) 

39.  Same;  amendment,  modification,  etc.,  of  rights  granted. — 

No  right  shall  accrue  to  any  government,  person,  or  corporation 
under  the  terms  of  sections  34  to  39  of  this  title  that  may  not  be 

997 


T.  47, 1 115]  GENERAL  LAWS 

rescinded,  changed,  modified,  or  amended  by  the  Congress.     (May 
27,  1921,  ch.  12,  sec.  6,  42  Stat.  9.) 

CHAPTER    4— RADIO    ACT    OF   1927 

Section  115.  Philippine  Islands  and  Canal  Zone;  application  of 
chapter. — This  chapter  (sections  81  to  119  of  this  title)  shall  not 
apply  to  the  Philippine  Islands  or  to  the  Canal  Zone.  In  inter- 
national radio  matters  the  Philippine  Islands  and  the  Canal  Zone 
shall  be  represented  by  the  Secretary  of  State.  (Feb.  23,  1927,  ch. 
169,  sec.  35,  44  Stat.  1174.) 

120  and  121.  Radio  equipment  on  ocean-going  vessels  using 
ports  of  Canal  Zone. — 

NoiB. — These  sections  appear  in  the  text  of  the  Canal  Zone  Code  as  sections 
361  and  362  of  title  2. 

UNITED  STATES  CODE,  TITLE  48 

TERRITORIES    AND    INSULAR   POSSESSIONS 

CHAPTER  6.— CANAL  ZONE 

Note. — The  chapter  "  Canal  Zone  "  embraces  sections  1301  to  1371p  of  title  48. 
These  sections,  excepting  such  as  are  hereinafter  specifically  mentioned,  appear 
in  the  text  of  the  Canal  Zone  Code.  For  the  corresponding  section  numbers, 
see  table  5,  page  1033. 

Sections  1304a  to  1304c.  Modification  of  boundary  line  with  re- 
spect to  Paitilla  Point  Military  Reservation.— (May  3,  1932,  ch.  162, 
47  Stat.  145.) 

Note. — These  sections  authorizing  the  effectuation  with  the  Republic  of  Pan- 
ama of  a  modification  of  the  boundary  line  between  the  Canal  Zone  and  the 
Republic  with  respect  to  the  Paitilla  Point  Military  reservation,  are  omitted 
from  the  text  of  the  Canal  Zone  Code  as  not  constituting  permanent  legislation. 

1309.  Early  laws  and  regulations  continued. —  (Aug.  24,  1912, 
ch.  390,  sec.  2,  37  Stat.  561.) 

Note. — This  section  ratified  and  confirmed,  as  valid  and  binding  until  other- 
wise provided  by  Congress,  all  laws,  orders,  regulations  and  ordinances  adopted 
and  promulgated  prior  to  August  24,  1912,  in  the  Canal  Zone  by  order  of  the 
President  for  the  government  and  sanitation  of  the  Canal  Zone  and  the  con- 
struction of  the  Panama  Canal.  This  section  is  emitted  from  the  text  of  the 
Canal  Zone  Code  as  being  executed. 

1320.  Injuries  to  employees.— (Aug.  24,  1912,  ch.  390,  sec.  5, 
37  Stat.  562.) 

NoTB. — This  section  which  required  the  President  to  provide  a  method  for  the 
determination  and  adjustment  of  claims  arising  out  of  personal  injuries  to 
employees  occurring  while  directly  engaged  in  actual  work  in  connection  with 
the  construction,  maintenance,  operation,  or  sanitation  of  the  Canal  or  of  the 
Panama  Railroad,  or  of  any  aiixiliary  canals,  locks,  or  other  works  necessary 
and  convenient  for  the  construction,  maintenance,  operation,  or  sanitation  of 
the  Canal,  is  omitted  from  the  text  of  the  Canal  Zone  Code  as  being  covered 
by  the  Federal  Employees  Comjx'usation  Act  (U.S.  Code,  title  5,  sees.  751 
to  793). 

1324.  Interest  on  deposit  money  orders. — 

Note. — This  section  was  superseded  by  section  1323b  of  this  title  which 
appears  in  the  Canal  Zone  Code  as  section  274  of  title  2. 

998 


GENERAL  LAWS  [T.  49,  §  83 

1325.  Disposition  of  interest  received  on  bank  deposits  of  money- 
order  funds. — 

Note. — This  section  was  superseded  by  section  1323c  of  this  title  which 
iippears  in  the  Canal  Zone  Code  as  section  275  of  title  2. 

1332.  Payments  for  Toro  Point  Light.— 

Note. — This  section  is  omitted  from  the  text  of  the  Canal  Zone  Code  as  being 
obsolete. 

1354.  Transfer  of  causes  to  new  courts;  continuance  of  supreme 
courts  for  determination  of  pending  causes. — 

Note. — Section  9  of  the  Panama  Canal  Act,  from  which  this  section  was 
derived,  was  amended  by  the  Act  of  February  16,  1933  (ch.  91,  47  Stat.  814), 
in  such  manner  as  to  eliminate  this  section. 

1355.  Continuance  of  laws  defining  duties  of  clerks  or  ministerial 
officers  and  governing  practice  and  procedure. — 

Note. — Section  9  of  the  Panama  Canal  Act,  from  which  this  section  was 
derived,  was  amended  by  the  Act  of  February  16,  1933  (ch.  91,  47  Stat.  814), 
in  such  manner  as  to  eliminate  this  section. 

1357.  Common  law  and  equity  jurisdiction  blended. — 

Note. — The  provisions  constituting  this  section  were  amended  by  the  Act 
of  February  16,  1933  (ch.  91,  sec.  3,  47  Stat.  817)  ;  however,  in  the  seventh 
supplement  to  the  United  States  Code,  the  amended  provisions  were  inad- 
vertently placed  in  section  1356  as  the  last  sentence  thereof. 

UNITED  STATES  CODE,  TITLE  49 

TRANSPORTATION 

Ch.                                                                  Sec.   I  Ch.  Sec. 

4.  Bills  of  Lading 81  I   6.  Air    Commerce 171 

CHAPTER  4.— BILLS    OF   LADING 

Section  81.  Transportation  included. — Bills  of  lading  issued  by 
any  common  carrier  for  the  transportation  of  goods  in  any  Terri- 
tory of  the  United  States,  or  the  District  of  Columbia,  or  from  a 
place  in  a  State  to  a  place  in  a  foreign  country,  or  from  a  place  in 
one  State  to  a  place  in  another  State,  or  from  a  place  in  one  State 
to  a  place  in  the  same  State  through  another  State  or  foreign 
country,  shall  be  governed  by  this  chapter.  (Aug.  29,  1916,  ch.  415, 
sec.  1,  39  Stat.  538.) 

Note. — As  defined  in  section  123  of  this  title,  the  word  "  State "  includes 
any  "  isthmian  "  possession. 

This  chapter  is  rendered  applicable  to  shipments  wholly  within  the  Canal 
Zone  by  Canal  Zone  Code,  title  3,  section  1441. 

82.  Straight  bill  of  lading. — A  bill  in  which  it  is  stated  that  the 
goods  are  consigned  or  destined  to  a  specified  person  is  a  straight 
bill.     (Aug.  29,  1916,  ch.  415,  sec.  2,  39  Stat.  539.) 

83.  Order  bill  of  lading;  negotiability. — A  bill  in  which  it  is 
stated  that  the  goods  are  consigned  or  destined  to  the  order  of  any  per- 
son named  in  such  bill  is  an  order  bill.  Any  provision  in  such  a  bill 
or  in  any  notice,  contract,  rule,  regulation,  or  tariff  that  it  is  non- 
negotiable  shall  be  null  and  void  and  shall  not  affect  its  negotia- 
bility within  the  meaning  of  this  chapter  unless  upon  its  face  and 


T.  49,  §  84]  GENERAL  LAWS 

in  writing  agreed  to  by  the  shipper.  (Aug.  29,  1916,  ch.  415,  sec. 
3,  39  Stat.  539.) 

84.  Order  bills  in  parts  or  sets;  liability  of  carrier. — Order  bills 
issued  in  a  State  for  the  transportation  of  goods  to  any  place  in  the 
United  States  on  the  Continent  of  North  America,  except  Alaska 
and  Panama,  shall  not  be  issued  in  parts  or  sets.  If  so  issued,  the 
carrier  issuing  them  shall  be  liable  for  failure  to  deliver  the  goods 
described  therein  to  anyone  who  purchases  a  part  for  value  in  good 
faith,  even  though  the  purchase  be  after  the  delivery  of  the  goods 
b}^  the  carrier  to  a  holder  of  one  of  the  other  parts:  Provided, 
however,  That  nothing  contained  in  this  section  shall  be  interpreted 
or  construed  to  forbid  the  issuing  of  order  bills  in  parts  or  sets 
for  such  transportation  of  goods  to  Alaska,  Panama,  Porto  Rico, 
the  Philippines,  Hawaii,  or  foreign  countries,  or  to  impose  the  lia- 
bilities set  forth  in  this  section  for  so  doing.  (Aug.  29,  1916,  ch.  415, 
sec.  4,  39  Stat.  539.) 

85.  Indorsement  on  duplicate  bill;  liability. — When  more  than 
one  order  bill  is  issued  in  a  State  for  the  same  goods  to  be  transported 
to  any  place  in  the  United  States  on  the  Continent  of  North  America, 
except  Alaska  and  Panama,  the  word  "  duplicate  ",  or  some  other 
word  or  words  indicating  that  the  document  is  not  an  original  bill, 
shall  be  placed  plainly  upon  the  face  of  every  such  bill  except  the 
one  first  issued.  A  carrier  shall  be  liable  for  the  damage  caused  by 
his  failure  so  to  do  to  anyone  who  has  purchased  the  bill  for  value 
in  good  faith  as  an  original,  even  though  the  purchase  be  after  the 
delivery  of  the  goods  by  the  carrier  to  the  holder  of  the  original  bill : 
Provided,  hoivever,  That  nothing  contained  in  this  section  shall  in 
such  case  for  such  transportation  of  goods  to  Alaska,  Panama,  Porto 
Rico,  the  Philippines,  Hawaii,  or  foreign  countries  be  interpreted  or 
construed  so  as  to  require  the  placing  of  the  word  "  duplicate  "  there- 
on, or  to  impose  the  liabilities  set  forth  in  this  section  for  failure  so 
to  do.     (Aug.  29,  1916,  ch.  415,  sec.  5,  39  Stat.  539.) 

86.  Indorsement  on  straight  bill. — A  straight  bill  shall  have 
placed  plainly  upon  its  face  by  the  carrier  issuing  it  "non-negoti- 
able "  or  "  not  negotiable." 

This  section  shall  not  apply,  however,  to  memoranda  or  aclaiowl- 
edgements  of  an  informal  character.  (Aug.  29,  1916.  ch.  415,  sec.  6, 
39  Stat.  539.) 

87.  Effect  of  insertion  of  name  of  person  to  be  notified. — The 

insertion  in  an  order  bill  of  the  name  of  a  person  to  be  notified  of  the 
arrival  of  the  goods  shall  not  limit  the  negotiability  of  the  bill  or 
constitute  notice  to  a  purchaser  thereof  of  any  rights  or  equities  of 
such  person  in  the  goods.  (Aug.  29,  1916,  ch.  415,  sec.  7,  39  Stat. 
539.) 

88.  Duty  to  deliver  goods  on  demand ;  refusal. — A  carrier,  in  the 
absence  of  some  lawful  excuse,  is  bound  to  deliver  goods  upon  a 
demand  made  either  by  the  consignee  named  in  the  bill  for  the  goods 
or,  if  the  bill  is  an  order  bill,  by  tlie  holder  thereof,  if  such  a  demand 
is  accompanied  by — 

(a)  An  offer  in  good  faith  to  satisfy  the  carrier's  lawful  lien  upon 
the  goods ; 

1000 


GENERAL  LAWS  [T.  49,  §  91 

(b)  Possession  of  the  bill  of  lading  and  an  offer  in  good  faith  to 
surrender,  properly  indorsed,  the  bill  which  was  issued  for  the  goods, 
if  the  bill  is  an  order  bill ;  and 

(c)  A  readiness  and  willingness  to  sign,  when  the  goods  are  de- 
livered, an  acknowledgment  that  they  have  been  delivered,  if  such 
signature  is  requested  by  the  carrier. 

In  case  the  carrier  refuses  or  fails  to  deliver  the  goods,  in  com- 
pliance with  a  demand  by  the  consignee  or  holder  so  accompanied, 
the  burden  shall  be  upon  the  carrier  to  establish  the  existence  of  a 
lawful  excuse  for  such  refusal  or  failure.  (Aug.  29,  1916,  ch.  415, 
sec.  8,  39  Stat.  539.) 

89.  Delivery;  when  justified. — A  carrier  is  justified,  subject  to  the 
provisions  of  the  three  following  sections,  in  delivering  goods  to  one 
who  is — 

(a)  A  person  lawfully  entitled  to  the  possession  of  the  goods,  or 

(b)  The  consignee  named  in  a  straight  bill  for  the  goods,  or 

(c)  A  person  in  possession  of  an  order  bill  for  the  goods,  by  the 
terms  of  which  the  goods  are  deliverable  to  his  order ;  or  which  has 
been  indorsed  to  him,  or  in  blank  by  the  consignee,  or  by  the  mediate 
or  immediate  indorsee  of  the  consignee.  (Aug.  29,  191G,  ch.  415,  sec. 
9,  39  Stat.  540.) 

90.  Liability  for  delivery  to  person  not  entitled  thereto. — Where 
a  carrier  delivers  goods  to  one  who  is  not  lawfully  entitled  to  the 
possession  of  them,  the  carrier  shall  be  liable  to  anyone  having  a 
right  of  property  or  possession  in  the  goods  if  he  delivered  the 
goods  otherwise  than  as  authorized  by  subdivisions  (b)  and  (c) 
of  the  preceding  section;  and,  though  he  delivered  the  goods  as 
authorized  by  either  of  said  subdivisions,  he  shall  be  so  liable  if 
prior  to  such  delivery  he — 

(a)  Had  been  requested,  by  or  on  behalf  of  a  person  having  a 
right  of  property  or  possession  in  the  goods,  not  to  make  such 
delivery,  or 

(b)  Had  information  at  the  time  of  the  delivery  that  it  was  to 
a  person  not  lawfully  entitled  to  the  possession  of  the  goods. 

Such  request  or  information,  to  be  effective  within  the  meaning 
of  this  section,  must  be  given  to  an  officer  or  agent  of  the  carrier, 
the  actual  or  apparent  scope  of  whose  duties  includes  action  upon 
such  a  request  or  information,  and  must  be  given  in  time  to  enable 
the  officer  or  agent  to  whom  it  is  given,  acting  with  reasonable 
diligence,  to  stop  delivery  of  the  goods.  (Aug.  29,  1916,  ch.  415, 
sec.  10,  39  Stat.  540.) 

91.  Liability  for  delivery  without  cancellation  of  bill. — Except  as 
provided  in  section  106  of  this  chapter,  and  except  when  compelled 
by  legal  process,  if  a  carrier  delivers  goods  for  which  an  order  bill 
had  been  issued,  the  negotiation  of  which  would  transfer  the  right 
to  the  possession  of  the  goods,  and  fails  to  take  up  and  cancel  the 
bill,  such  carrier  shall  be  liable  for  failure  to  deliver  the  goods  to 
anyone  who  for  value  and  in  good  faith  purchases  such  bill,  whether 
such  purchaser  acquired  title  to  the  bill  before  or  after  the  delivery 
of  the  goods  by  the  carrier  and  notwithstanding  delivery  was  made 
to  the  person  entitled  thereto.  (Aug.  29,  1916,  ch.  415,  sec.  11,  39 
Stat.  540.) 

93083—34 64  1001 


T.  49,  §  92]  GENERAL  LAWS 

92.  Liability  in  case  of  delivery  of  part  of  goods. — Except  as 
provided  in  section  lOG  of  this  chapter,  and  except  when  compelled 
by  legal  process,  if  a  carrier  delivers  part  of  the  goods  for  which 
an  order  bill  had  been  issued  and  fails  either — 

(a)  To  take  up  and  cancel  the  bill,  or 

(b)  To  place  plainly  upon  it  a  statement  that  a  portion  of  the 
goods  has  been  delivered  with  a  description  which  may  be  in  general 
terms  either  of  the  goods  or  packages  that  have  been  so  delivered 
or  of  tlie  goods  or  packages  which  still  remain  in  the  carrier's  pos- 
session, he  shall  be  liable  for  failure  to  deliver  all  the  goods  specified 
in  the  bill  to  anyone  who  for  value  and  in  good  faith  purchases  it, 
whether  such  purchaser  acquired  title  to  it  before  or  after  the 
delivery  of  any  portion  of  the  goods  by  the  carrier,  and  notwith- 
standing such  delivery  was  made  to  the  person  entitled  thereto. 
(Aug.  29,  1916,  ch.  415,  sec.  12,  39  Stat.  540.) 

93.  Alteration  of  bill. — Any  alteration,  addition,  or  erasure  in  a 
bill  after  its  issue  without  authority  from  the  carrier  issuing  the 
same  either  in  writing  or  noted  on  the  bill,  shall  be  void  whatever 
be  the  nature  and  purpose  of  the  change,  and  the  bill  shall  be 
enforceable  according  to  its  original  tenor.  (Aug.  29,  1916,  ch. 
415,  sec.  13,  39  Stat.  540.) 

94.  Loss,  etc.,  of  bill;  delivery  of  goods  on  order  of  court. — 

"Where  an  order  bill  has  been  lost,  stolen,  or  destroyed  a  court  of 
competent  jurisdiction  may  order  the  delivery  of  the  goods  upon 
satisfactory  proof  of  such  loss,  theft,  or  destruction  and  upon  the 
giving  of  a  bond,  with  sufficient  surety,  to  be  approved  by  the  court, 
to  protect  the  carrier  or  any  person  injured  by  such  delivery  from 
any  liability  or  loss  incurred  by  reason  of  the  original  bill  remaining 
outstanding.  The  court  may  also  in  its  discretion  order  the  payment 
of  the  carrier's  reasonable  costs  and  counsel  fees:  Provided^  A 
voluntary  indemnifying  bond  without  order  of  court  shall  be  binding 
on  the  parties  thereto. 

The  delivery  of^the  goods  under  an  order  of  the  court,  as  provided 
in  this  section,  shall  not  relieve  the  carirer  from  liability  to  a  person 
to  whom  the  order  bill  has  been  or  shall  be  negotiated  for  value 
without  notice  of  the  proceedings  or  of  the  delivery  of  the  goods. 
(Aug.  29,  1916,  ch.  415,  sec.  14,  39  Stat.  540.) 

95.  Liability  on  bill  marked  "  duplicate.'* — A  bill,  upon  the  face 

of  which  the  word  "  duplicate  "  or  some  other  word  or  words  indi- 
cating that  the  document  is  not  an  original  bill  is  placed,  plainly 
shall  impose  upon  the  carrier  issuing  the  same  the  liability  of  one 
who  represents  and  warrants  that  such  bill  is  an  accurate  copy  of  an 
original  bill  properly  issued,  but  no  other  liability.  (Aug.  29,  1916, 
ch.  415,  sec.  15,  39  Stat.  541.) 

96.  Claim  of  title  as  excuse  for  refusal  to  deliver. — No  title  to 
goods  or  right  to  their  possession  asserted  by  a  carrier  for  his  own 
benefit  shall  excuse  him  from  liabilty  for  refusing  to  deliver  the 
goods  according  to  the  terms  of  a  bill  issued  for  them,  unless  such 
title  or  right  is  derived  directly  or  indirectly  from  a  transfer  made  by 

1002 


GENERAL  LAWS  [T.  49,  §  101 

the  consignor  or  consignee  after  the  shipment,  or  from  the  carrier's 
lien.     (Aug.  29,  1916,  ch.  415,  sec.  16,  39  Stat.  541.) 

97.  Interpleader  of  conflicting  claimants. — If  more  than  one  per- 
son claim  the  title  or  possession  of  goods,  the  carrier  may  require  all 
known  claimants  to  interplead,  either  as  a  defense  to  an  action 
brought  against  him  for  nondelivery  of  the  goods  or  as  an  original 
suit,  whichever  is  appropriate.  (Aug.  29.  1916,  ch.  415,  sec.  17,  39 
Stat.  541.) 

98.  Reasonable  time  for  procedure  allowed  in  case  of  adverse 
claim. — If  some  one  other  than  the  consignee  or  the  person  in  pos- 
session of  the  bill  has  a  claim  to  the  title  or  possession  of  the  goods, 
and  the  carrier  has  information  of  such  claim,  the  carrier  shall  be 
excused  from  liability  for  refusing  to  deliver  the  goods,  either  to  the 
consignee  or  person  in  possession  of  the  bill  or  to  the  adverse  claim- 
ant, until  the  carrier  has  had  a  reasonable  time  to  ascertain  the  valid- 
ity of  the  adverse  claim  or  to  bring  legal  proceedings  to  compel  all 
claimants  to  interplead.    (Aug.  29, 1916,  ch.  415,  sec.  18,  39  Stat.  541.) 

99.  Failure  to  deliver;  claim  of  third  person  as  defense. — Except 
as  provided  in  the  two  preceding  sections  and  in  section  89  of  this 
chapter,  no  right  or  title  of  a  third  person,  unless  enforced  by  legal 
process,  shall  be  a  defense  to  an  action  brought  by  the  consignee  of  a 
straight  bill  or  by  the  holder  of  an  order  bill  against  the  carrier  for 
failure  to  deliver  the  goods  on  demand.  (Aug.  29,  1916,  ch.  415,  sec. 
19,  39  Stat.  541.) 

100.  Loading  by  carrier;  counting  packages,  etc.;  contents  of 
bill. — When  goods  are  loaded  by  a  carrier  such  carrier  shall  count 
the  packages  of  goods,  if  package  freight,  and  ascertain  the  kind  and 
quantity  if  bulk  freight,  and  such  carrier  shall  not,  in  such  cases, 
insert  in  the  bill  of  lading  or  in  any  notice,  receipt,  contract,  rule, 
regulation,  or  tariff,  "  Shipper's  weight,  load,  and  count,"  or  other 
words  of  like  purport,  indicating  that  the  goods  were  loaded  by  the 
shipper  and  the  description  of  them  made  by  him  or  in  case  of  bulk 
freight  and  freight  not  concealed  by  packages  the  description  made 
by  him.  If  so  inserted,  contrary  to  the  provisions  of  this  section,  said 
words  shall  be  treated  as  null  and  void  and  as  if  not  inserted  therein. 
(Aug.  29,  1916,  ch.  415,  sec.  20,  39  Stat.  541.) 

101.  Loading  by  shipper;  contents  of  bill;  ascertainment  of  kind 
and  quantity  on  request. — When  package  freight  or  bulk  freight 
is  loaded  by  a  shipper  and  the  goods  are  described  in  a  bill  of  lading 
merely  by  a  statement  of  marks  or  labels  upon  them  or  upon  pack- 
ages containing  them,  or  by  a  statement  that  the  goods  are  said  to 
be  goods  of  a  certain  kind  or  quality,  or  in  a  certain  condition,  or 
it  is  stated  in  the  bill  of  lading  that  packages  are  said  to  contain 
goods  of  a  certain  kind  or  quantity  or  in  a  certain  condition,  or 
that  the  contents  or  condition  of  the  contents  of  packages  are 
unknown,  or  words  of  like  purport  are  contained  in  the  bill  of 
lading,  such  statements,  if  true,  shall  not  make  liable  the  carrier 
issuing  the  bill  of  lading,  although  the  goods  are  not  of  the  kind 
or  quantity  or  in  the  cond,ition  which  the  marks  or  labels  upon  them 
indicate,  or  of  the  kind  or  quantity  or  in  the  condition  they  were 

1003 


T.  49,  §  102]  GENERAL  LAWS 

said  to  be  by  the  consignor.  The  carrier  may  also  by  inserting  in 
the  bill  of  lading  the  words  "  Shipper's  weight,  load,  and  count," 
or  other  words  of  like  purport  indicate  that  the  goods  were  loaded 
by  the  shipper  and  the  description  of  them  made  by  him;  and  if 
such  statement  be  true,  the  carrier  shall  not  be  liable  for  damages 
caused  by  the  improper  loading  or  by  the  nonreceipt  or  by  the 
misdescription  of  the  goods  described  in  the  bill  of  lading :  Provided, 
hov^ver,  Where  the  shipper  of  bulk  freight  installs  and  maintains 
adequate  facilities  for  weighing  such  freight,  and  the  same  are 
available  to  the  carrier,  then  the  carrier,  upon  written  request  of 
such  shipper  and  when  given  a  reasonable  opportunity  so  to  do, 
shall  ascertain  the  kind  and  quantity  of  bulk  freight  within  a 
reasonable  time  after  such  written  request,  and  the  carriers  shall 
not  in  such  cases  insert  in  the  bill  of  lading  the  words  "  Shipper's 
weight,"  or  other  words  of  like  purport,  and  if  so  inserted  contrary 
to  the  provisions  of  this  section,  said  words  shall  be  treated  as  null 
and  void  and  as  if  not  inserted  therein.  (Aug.  29,  1916,  ch.  415, 
sec.  21,  39  Stat.  541.) 

102.  Liability  for  nonreceipt  or  misdescription  of  goods. — ^If  a 

bill  of  lading  has  been  issued  by  a  carrier  or  on  his  behalf  by  an 
agent  or  employee  the  scope  of  whose  actual  or  apparent  authoritj^ 
includes  the  receiving  of  goods  and  issuing  bills  of  lading  therefor 
for  transportation  in  commerce  among  the  several  States  and  with 
foreign  nations,  the  carrier  shall  be  liable  to  (a)  the  owner  of 
goods  covered  by  a  straight  bill  subject  to  existing  right  of  stoppage 
in  transitu  or  (b)  the  holder  of  an  order  bill,  who  has  given  value 
in  good  faith,  relying  upon  the  description  therein  of  the  goods,  or 
upon  the  shipment  being  made  upon  the  date  therein  show^i,  for 
damages  caused  by  the  nonreceipt  by  the  carrier  of  all  or  part  of 
the  goods  upon  or  prior  to  the  date  therein  shown,  or  their  failure 
to  correspond  with  the  description  thereof  in  the  bill  at  the  time  of 
its  issue.  (Aug.  29,  1916,  ch.  415,  sec.  22,  39  Stat.  542;  Mar.  4, 
1927,  ch.  510,  sec.  6,  44  Stat.  1450.) 

103.  Attachment,  etc.,  of  goods  delivered  to  carrier. — If  goods 
are  delivered  to  a  carrier  by  the  owner  or  by  a  person  whose  act 
in  conveying  the  title  to  them  to  a  purchaser  for  value  in  good 
faith  would  bind  the  owner,  and  an  order  bill  is  issued  for  them, 
they  cannot  thereafter,  while  in  the  possession  of  the  carrier,  be 
attached  by  garnishment  or  otherwise  or  be  levied  upon  under  an 
execution  unless  the  bill  be  first  surrendered  to  the  carrier  or  its 
negotiation  enjoined.  The  carrier  shall  in  no  such  case  be  compelled 
to  deliver  the  actual  possession  of  the  goods  until  the  bill  is  sur- 
rendered to  him  or  impounded  by  the  court.  (Aug.  29,  1916,  ch.  415, 
sec.  23,  39  Stat.  542.) 

104.  Remedies  of  creditor  of  owner  of  order  bill. — A  creditor 
whose  debtor  is  the  owner  of  an  order  bill  shall  be  entitled  to  such 
aid  from  courts  of  appropriate  jurisdiction  by  injunction  and  other- 
wise in  attaching  such  bill  or  in  satisfying  the  claim  by  means 
thereof  as  is  allowed  at  law  or  in  equity  in  regard  to  property  which 
cannot  readily  be  attached  or  levied  upon  by  ordinary  legal  process. 
(Aug.  29,  1916,  ch.  415,  sec.  24,  39  Stat.  542.) 

1004 


GENERAL  LAW8  [T.  49,  §  111 

105.  Lien  of  carrier. — If  an  order  bill  is  issued  the  carrier  shall 
have  a  lien  on  the  goods  therein  mentioned  for  all  charges  on  those 
goods  for  freight,  storage,  demurrage  and  terminal  charges,  and 
expenses  necessary  for  the  preservation  of  the  goods  or  incident  to 
their  transportation  subsequent  to  the  date  of  the  bill  and  all  other 
charges  incurred  in  transportation  and  delivery,  unless  the  bill 
exj)ressly  enumerates  other  charges  for  which  a  lien  is  claimed.  In 
such  case  there  shall  also  be  a  lien  for  the  charges  enumerated  so 
far  as  they  are  allowed  by  law  and  the  contract  between  the  con- 
signor and  the  carrier.     (Aug.  29, 1916,  ch.  415,  sec.  25,  39  Stat.  542.) 

106.  Liability  after  sale  to  satisfy  lien,  etc. — After  goods  have 
been  lawfully  sold  to  satisfy  a  carrier's  lien,  or  because  they  have  not 
been  claimed,  or  because  they  are  perishable  or  hazardous,  the 
carrier  shall  not  thereafter  be  liable  for  failure  to  deliver  the  goods 
themselves  to  the  consignee  or  owner  of  the  goods,  or  to  a  holder  of 
the  bill  given  for  the  goods  when  they  were  shipped,  even  if  such 
bill  be  an  order  bill.     (Aug.  29,  1916,  ch.  415,  sec.  26,  39  Stat.  542.) 

107.  Negotiation  of  order  bill  by  delivery. — An  order  bill  may 
be  negotiated  by  delivery  where,  by  the  terms  of  the  bill,  the  carrier 
undertakes  to  deliver  the  goods  to  the  order  of  a  specified  person, 
and  such  person  or  a  subsequent  indorsee  of  the  bill  has  indorsed  it  in 
blank.     (Aug.  29,  1916,  ch.  415,  sec.  27,  39  Stat.  542.) 

108.  Negotiation  of  order  bill  by  indorsement. — An  order  bill 
may  be  negotiated  by  the  indorsement  of  the  person  to  whose  order 
the  goods  are  deliverable  by  the  tenor  of  the  bill.  Such  indorsement 
may  be  in  blank  or  to  a  specified  person.  If  indorsed  to  a  specified 
person,  it  may  be  negotiated  again  by  the  indorsement  of  such  person 
in  blank  or  to  another  specified  person.  Subsequent  negotiations 
may  be  made  in  like  manner.  (Aug.  29,  1916,  ch.  415,  sec.  28,  39 
Stat.  543.) 

109.  Transfer  of  bill  by  delivery;  negotiation  of  straight  bill. — 

A  bill  may  be  transferred  by  the  holder  by  delivery,  accompanied 
with  an  agreement,  express  or  implied,  to  transfer  the  title  of  the 
bill  or  to  the  goods  represented  thereby.  A  straight  bill  cannot 
be  negotiated  free  from  existing  equities,  and  the  indorsement  of 
such  a  bill  gives  the  transferee  no  additional  right.  (Aug.  29,  1916, 
ch.  415,  sec.  29,  39  Stat.  543.) 

110.  Negotiation  of  order  bill  by  person  in  possession. — An  order 
bill  may  be  negotiated  by  any  person  in  possession  of  the  same,  how- 
ever such  possession  may  have  been  acquired,  if  by  the  terms  of  the 
bill  the  carrier  undertakes  to  deliver  the  goods  to  the  order  of  such 
person,  or  if  at  the  time  of  negotiation  the  bill  is  in  such  form  that 
it  may  be  negotiated  by  delivery.  (Aug.  29,  1916,  ch.  415,  sec.  30, 
39  Stat.  543.) 

111.  Title  and  right  acquired  by  transferee  of  order  bill. — A 

person  to  whom  an  order  bill  has  been  duly  negotiated  acquires 
thereby — 

(a)  Such  title  to  the  goods  as  the  person  negotiating  the  bill  to 
him  had  or  had  ability  to  convey  to  a  purchaser  in  good  faith  for 

1005 


T.  49,  §  112]  GENERAL  LAWS 

value,  and  also  such  title  to  the  goods  as  the  consignee  and  consignor 
had  or  had  power  to  convey  to  a  purchaser  in  good  faith  for  value; 
and 

(b)  The  direct  obligation  of  the  carrier  to  hold  possession  of  the 
goods  for  him  according  to  the  terms  of  the  bill  as  fully  as  if  the 
carrier  had  contracted  directly  with  him.  (Aug.  29,  1916,  ch.  415, 
sec.  31,  39  Stat.  543.) 

112.  Rights  of  ti*ansferee  of  bill  without  negotiation;  notice  to 
carrier. — A  person  to  whom  a  bill  has  been  transferred,  but  not 
negotiated,  acquires  thereby  as  against  the  transferor  the  title  to  the 
goods,  subject  to  the  terms  of  any  agreement  with  the  transferor. 
If  the  bill  is  a  straight  bill  such  person  also  acquires  the  right  to 
notify  the  carrier  of  the  transfer  to  him  of  such  bill  and  thereby  to 
become  the  direct  obligee  of  whatever  obligations  the  carrier  owed  to 
the  transferor  of  the  bill  immediately  before  the  notification. 

Prior  to  the  notification  of  the  carrier  by  the  transferor  or  trans- 
feree of  a  straight  bill  the  title  of  the  transferee  to  the  goods  and  the 
right  to  acquire  the  obligation  of  the  carrier  may  be  defeated  by 
garnishment  or  by  attachment  or  execution  upon  the  goods  by  a 
creditor  of  the  transferor,  or  by  a  notification  to  the  carrier  by  the 
transferor  or  a  subsequent  purchaser  from  the  transferor  of  a  subse- 
quent sale  of  the  goods  by  the  transferor. 

A  carrier  has  not  received  notification  within  the  meaning  of  this 
section  unless  an  officer  or  agent  of  the  carrier,  the  actual  or  apparent 
scope  of  whose  duties  includes  action  upon  such  a  notification,  has 
been  notified;  and  no  notification  shall  be  effective  until  the  officer 
or  agent  to  whom  it  is  given  has  had  time,  with  the  exercise  of 
reasonable  diligence,  to  communicate  with  the  agent  or  agents  having 
actual  possession  or  control  of  the  goods.  (Aug.  29,  1916,  ch.  415, 
sec.  32,  39  Stat.  543.) 

113.  Compelling  indorsement  of  order  bill  transferred  by  de- 
livery.— Where  an  order  bill  is  transferred  for  value  by  delivery, 
and  the  indorsement  of  the  transferor  is  essential  for  negotiation, 
the  transferee  acquires  a  right  against  the  transferor  to  compel  him 
to  indorse  the  bill,  unless  a  contrary  intention  appears.  The  nego- 
tiation shall  take  effect  as  of  the  time  when  the  indorsement  is 
actually  made.  This  obligation  may  be  specifically  enforced.  (Aug. 
29, 1916,  ch.  415,  sec.  33,  39  Stat.  543.) 

114.  Warranties  arising  out  of  transfer  of  bill. — A  person  who 
negotiates  or  transfers  for  value  a  bill  by  indorsement  or  delivery, 
unless  a  contrary  intention  appears,  warrants — 

(a)  That  the  bill  is  genuine; 

(b)  That  he  has  a  legal  right  to  transfer  it; 

(c)  That  he  has  knowledge  of  no  fact  which  would  impair  the 
validity  or  worth  of  the  bill ; 

(d)  That  he  has  a  right  to  transfer  the  title  to  the  goods,  and 
that  the  goods  are  merchantable  or  fit  for  a  particular  purpose 
whenever  such  warranties  would  have  been  implied  if  the  contract 
of  the  parties  had  been  to  transfer  without  a  bill  the  goods  repre- 
sented thereby.     (Aug.  29,  1916,  ch.  415,  sec.  34,  39  Stat.  543.) 

100« 


GENERAL  LAWS  [T.  49,  §  120 

115.  Liability  of  indorser  of  bill.— The  indorsement  of  a  bill  shall 
not  make  the  indorser  liable  for  any  failure  on  the  part  of  the 
carrier  or  previous  indorsers  of  the  bill  to  fulfill  their  respective 
obligations.     (Aug.  29,  1916,  ch.  415,  sec.  35,  39  Stat.  544.) 

116.  Warranties  by  mortgagee,  etc.,  receiving  payment  of  bill.— 

A  mortgagee  or  pledgee  or  other  holder  of  a  bill  for  security  who  in 
good  faith  demands  or  receives  payment  of  the  debt  for  which  such 
bill  is  security,  whether  from  a  party  to  a  draft  drawn  for  such  debt 
or  from  any  other  person,  shall  not  be  deemed  by  so  doing  to  repre- 
sent or  warrant  the  genuineness  of  such  bill  or  the  quantity  or  quality 
of  the  goods  therein  described.  (Aug.  29,  1916,  ch.  415,  sec.  36,  39 
Stat.  544.) 

117.  Negotiation  of  bill;  impairment  of  validity. — The  validity 
of  the  negotiation  of  a  bill  is  not  impaired  by  the  fact  that  such 
negotiation  was  a  breach  of  duty  on  the  part  of  the  person  making 
the  negotiation,  or  by  the  fact  that  the  owner  of  the  bill  was  deprived 
of  the  possession  of  the  same  by  fraud,  accident,  mistake,  duress,  loss, 
theft,  or  conversion,  if  the  person  to  whom  the  bill  was  negotiated,  or 
a  person  to  whom  the  bill  was  subsequently  negotiated,  gave  value 
therefor  in  good  faith,  without  notice  of  the  breach  of  duty,  or  fraud, 
accident,  mistake,  duress,  loss,  theft,  or  conversion.  (Aug.  29,  1916, 
ch.  415,  sec.  37,  39  Stat.  544.) 

118.  Negotiation  of  bill  by  seller,  mortgagor,  etc.,  to  person 
without  notice. — Where  a  person,  having  sold,  mortgaged,  or  pledged 
goods  which  are  in  a  carrier's  possession  and  for  which  an  order  bill 
has  been  issued,  or  having  sold,  mortgaged,  or  pledged  the  order  bill 
representing  such  goods,  continues  in  possession  of  the  order  bill  the 
subsequent  negotiation  thereof  by  that  person  under  any  sale,  pledge, 
or  other  disposition  thereof  to  any  person  receiving  the  same  in  good 
faith,  for  value  and  without  notice  of  the  previous  sale,  shall  have  the 
same  effect  as  if  the  first  purchaser  of  the  goods  or  bill  had  expressly 
authorized  the  subsequent  negotiation.  (Aug.  29,  1916,  ch.  415,  sec. 
38,  39  Stat.  544.) 

119.  Rights  of  bona  fide  purchaser  as  affected  by  seller's  lien 
or  right  of  stoppage. — Where  an  order  bill  has  been  issued  for  goods 
no  seller's  lien  or  right  of  stoppage  in  transitu  shall  defeat  the  rights 
of  any  purchaser  for  value  in  good  faith  to  whom  such  bill  has  been 
negotiated,  whether  such  negotiation  be  prior  or  subsequent  to  the 
notification  to  the  carrier  who  issued  such  bill  of  the  seller's  claim  to 
a  lien  or  right  of  stoppage  in  transitu.  Nor  shall  the  carrier  be 
obliged  to  deliver  or  justified  in  delivering  the  goods  to  an  unpaid 
seller  unless  such  bill  is  first  surrendered  for  cancellation.  (Aug. 
29,  1916,  ch.  415,  sec.  39,  39  Stat.  544.) 

120.  Rights  of  mortgagee  or  lien  holder;  limitation. — Except  as 
provided  in  the  preceding  section,  nothing  in  this  chapter  shall  limit 
the  rights  and  remedies  of  a  mortgagee  or  lien  holder  whose  mortgage 
or  lien  on  goods  would  be  valid,  apart  from  this  chapter,  as  against 
one  who  for  value  and  in  good  faith  purchased  from  the  owner,  im- 
mediately prior  to  the  time  of  their  delivery  to  the  carrier,  the  goods 

1007 


T.  49,  §  121]  GENERAL  LAWS 

wliich  are  subject  to  the  mortgage  or  lien  and  obtained  possession 
of  them.     (Aug.  29,  1916,  ch.  415,  sec.  40,  39  Stat.  544.) 

121.  Offenses;  penalty. — Any  person  who,  knowingly  or  with 
intent  to  defraud,  falsely  makes,  alters,  forges,  counterfeits,  prints 
or  photographs  any  bill  of  lading  purporting  to  represent  goods  re- 
ceived for  shipment  among  the  several  States  or  with  foreign  na- 
tions, or  with  like  intent  utters  or  publishes  as  true  and  genuine  any 
such  falsely  altered,  forged,  counterfeited,  falsely  printed  or  photo- 
graphed bill  of  lading,  knowing  it  to  be  falsely  altered,  forged, 
counterfeited,  falsely  printed  or  photographed,  or  aids  in  making, 
altering,  forging,  counterfeiting,  printing  or  photographing,  or  utter- 
ing or  publishing  the  same,  or  issues  or  aids  in  issuing  or  procuring 
the  issue  of,  or  negotiates  or  transfers  for  value  a  bill  which  con- 
tains a  false  statement  as  to  the  receipt  of  the  goods,  or  as  to  any 
other  matter,  or  who,  with  intent  to  defraud,  violates,  or  fails  to 
comply  with,  or  aids  in  any  violation  of,  or  failure  to  comply  with 
any  provision  of  this  chapter,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  punished  for  each  offense  by  imprisonment 
not  exceeding  five  years,  or  by  a  fine  not  exceeding  $5,000,  or  both. 
(Aug.  29,  1916,  ch.  415,  sec.  41,  39  Stat.  544.) 

122.  Terms  defined. — In  this  chapter,  unless  the  context  of  subject 
matter  otherwise  requires — 

"Action  "  includes  counterclaim,  set-off,  and  suit  in  equity. 

"  Bill  "  means  bill  of  lading  governed  by  this  chapter. 

"  Consignee  "  means  the  person  named  in  the  bill  as  the  person  to 
whom  delivery  of  the  goods  is  to  be  made. 

"  Consignor  "  means  the  person  named  in  the  bill  as  the  person 
from  whom  the  goods  have  been  received  for  shipment. 

"  Goods  "  means  merchandise  or  chattels  in  course  of  transporta- 
tion or  which  have  been  or  are  about  to  be  transported. 

"  Holder  "  of  a  bill  means  a  person  who  has  both  actual  possession 
of  such  bill  and  a  right  of  property  therein. 

"  Order  "  means  an  order  by  indorsement  on  the  bill. 

"  Person  "  includes  a  corporation  or  partnership,  or  two  or  more 
persons  having  a  joint  or  common  interest. 

To  "  purchase "  includes  to  take  as  mortgagee  and  to  take  as 
pledgee. 

"  State  "  includes  any  Territory,  District,  insular  possession,  or 
isthmian  possession.     (Aug.  29,  1916,  ch.  415,  sec.  42,  39  Stat.  545.) 

Note. — Section  123,  relative  to  the  retroactive  effect  of  the  chapter,  is  omitted 
as  obsolete. 

124.  Invalidity  of  part  of  chapter. — The  provisions  and  each  part 
thereof  and  the  sections  and  each  part  thereof  of  this  chapter  are 
independent  and  severable,  and  the  declaring  of  any  provision  or 
part  thereof,  or  provisions  or  part  thereof,  or  section  or  part  thereof, 
or  sections  or  part  thereof,  unconstitutional  shall  not  impair  or  render 
unconstitutional  any  other  provision  or  part  thereof  or  section  or 
part  thereof.     (Aug.  29,  1916,  ch.  415,  sec.  44,  39  Stat.  545.) 


1008 


GENERAL  LAWS 


[T.  50,  §  31 


CHAPTER  6.— AIR  COMMERCE 


Sections  171  to  184.  Air  Commerce  Act  of  1926.— (May  20,  1926, 

ch.  344,  44  Stat.  568.) 

Note. — The  Act  above  cited  was  entitled  "  An  Act  to  encourage  and  regulate 
the  use  of  aircraft  in  commerce,  and  for  other  purposes." 

The  term  "  interstate  or  foreign  air  commerce  ",  as  defined  in  section  171, 
means  "  air  commerce  between  any  State,  Territory,  or  possession,  or  the 
District  of  Columbia,  and  any  place  outside  thereof ;  or  between  points  within 
the  same  State,  Territory,  or  possession,  or  the  District  of  Columbia,  but 
through  the  air  space  over  any  place  outside  thereof ;  or  wholly  within  the  air 
space  over  any  Territory  or  possession  or  the  District  of  Columbia." 

Section  176  provides  in  part  as  follows:  "The  Congress  hereby  declares  that 
the  Government  of  the  United  States  has,  to  the  exclusion  of  all  foreign  nations, 
complete  sovereignty  of  the  airspace  over  the  lands  and  waters  of  the  United 
States,  including  the  Canal  Zone.  Aircraft  a  part  of  the  armed  forces  of  any 
foreign  nation  shall  not  be  navigated  in  the  United  States,  including  the  Canal 
Zone,  except  in  accordance  with  an  authorization  granted  by  the  Secretary 
of  State." 

The  term  "  United  States  ",  when  used  in  a  geographical  sense,  is  defined  in 
section  179  to  mean  "  the  territory  comprising  the  several  States,  Territories, 
possessions,  and  the  District  of  Columbia  (including  the  territorial  waters 
thereof),  and  the  overlying  airspace;  but  shall  not  include  the  Canal  Zone." 

UNITED  STATES  CODE,  TITLE  50 

WAR 


Ch. 

4.  Espionage 

6.  Willful      Destruction,      And 
Forth,  Of  War  Material— 


So 


Sec. 
31 

101 


Ch. 
12. 


Vessels  In  Territorial  Waters  Of 
United  States 


Sec. 
191 


CHAPTER  4.— ESPIONAGE 

Section  31.  Unlawfully  obtaining  or  permitting  to  be  obtained 
information  affecting  national  defense. —  (a)  Whoever,  for  the  pur- 
pose of  obtaining  information  respecting  the  national  defense  with 
intent  or  reason  to  believe  that  the  information  to  be  obtained  is 
to  be  used  to  the  injury  of  the  United  States,  or  to  the  advantage 
of  any  foreign  nation,  goes  upon,  enters,  flies  over,  or  otherwise 
obtains  information  concerning  any  vessel,  aircraft,  work  of  defense, 
navy  yard,  naval  station,  submarine  base,  coaling  station,  fort,  bat- 
tery, torpedo  station,  dockyard,  canal,  railroad,  arsenal,  camp,  fac- 
tory, mine,  telegraph,  telephone,  wireless,  or  signal  station,  building, 
office,  or  other  place  connected  with  the  national  defense,  owned  or 
constructed,  or  in  progress  of  construction  by  the  United  States  or 
under  the  control  of  the  United  States,  or  of  any  of  its  officers  or 
agents,  or  within  the  exclusive  jurisdiction  of  the  United  States, 
or  any  place  in  which  any  vessel,  aircraft,  arms,  munitions,  or  other 
materials  or  instruments  for  use  in  time  of  war  are  being  made, 
prepared,  repaired,  or  stored,  under  any  contract  or  agreement 
with  the  United  States,  or  with  any  person  on  behalf  of  the  United 
States,  or  otherwise  on  behalf  of  the  United  States,  or  any  pro- 
hibited place  within  the  meaning  of  section  36  of  this  title;  or 
(b)  whoever  for  the  purpose  aforesaid,  and  with  like  intent  or 
reason  to  believe,  copies,  takes,  makes,  or  obtains,  or  attempts,  or 
induces  or  aids  another  to  copy,  take,  make,  or  obtain,  any  sketch, 


1009 


T.  50,  §  32]  GENERAL  LAWS 

photograph,  photographic  negative,  bhie  print,  plan,  map,  model, 
instrument,  appliance,  document,  writing,  or  note  of  anything  con- 
nected with  the  national  defense;  or  (c)  whoever,  for  the  purpose 
aforesaid,  receives  or  obtains  or  agrees  or  attempts  or  induces  or 
aids  another  to  receive  or  obtain  from  any  person,  or  from  an}'^ 
source  whatever,  any  document,  writing,  code  book,  signal  book, 
sketch,  photograph,  photographic  negative,  blue  print,  plan,  map, 
model,  instrument,  appliance,  or  note,  of  anything  connected  with 
the  national  defense,  knowing  or  having  reason  to  believe,  at  the 
time  he  receives  or  obtains.,  or  agrees  or  attempts  or  induces  or 
aids  another  to  receive  or  obtain  it,  that  it  lia&i  been  or  will  be  ob- 
tained, taken,  made  or  disposed  of  by  an}^  person  contrary  to  the 
provisions  of  this  title;  or  (d)  whoever,  lawfully  or  unlawfully 
having  possession  of,  access  to,  control  over,  or  being  intrusted 
with  any  document,  writing,  code  book,  signal  book,  sketch,  photo- 
graph, photographic  negative,  blue  print,  plan,  map,  model,  instru- 
ment, appliance,  or  note  relating  to  the  national  defense,  willfully 
communicates  or  transmits  or  attemots  to  communicate  or  transmit 
the  same  to  anv  person  not  entitled  to  receive  it,  or  willfully  retains 
the  same  and  fails  to  deliver  it  on  demand  to  the  officer  or  em- 
ployee of  the  United  States  entitled  to  receive  it;  or  (e)  whoever, 
being  intrusted  with  or  having  lawful  possession  or  control  of  any 
document,  writing,  code  book,  signal  book,  sketch,  photograph,  photo- 
graphic negative,  blue  print,  plan,  map,  model,  note,  or  information, 
relating  to  the  national  defense,  through  gross  negligence  permits 
the  same  to  be  removed  from  its  proper  place  of  custody  or  deliv- 
ered to  anyone  in  violation  of  his  trust,  or  to  be  lost,  stolen,  ab- 
stracted, or  destroyed,  shall  be  punished  by  a  fine  of  not  more  than 
$10,000,  or  by  imprisonment  for  not  more  than  two  years  or  both. 
(June  15,  1917,  ch.  30,  Title  I,  sec.  1,  40  Stat.  217.) 

Cross-References 

Term  "  United  States  "  as  including  Canal  Zone,  see  section  40  of  this  title. 
Jurisdiction  of  district  court  in  Canal   Zone  over  offenses,   see  section  39 
of  this  title. 

32.  Unlawfully  disclosing  information  affecting  national  de- 
fense.— Whoever,  with  intent  or  reason  to  believe  that  it  is  to  be 
used  to  the  injury  of  the  United  States  or  to  the  advantage  of  a 
foreign  nation,  communicates,  delivers,  or  transmits,  or  attempts 
to,  or  aids  or  induces  another  to,  communicate,  deliver,  or  transmit, 
to  any  foreign  government,  or  to  any  faction  or  party  or  military 
or  naval  force  within  a  foreign  country,  whether  recognized  or  un- 
recognized by  the  United  States,  or  to  any  representative,  officer, 
agent,  employee,  subject,  or  citizen  thereof,  either  directly  or  indi- 
rectly, any  document,  writing,  code  book,  signal  book,  sketch,  photo- 
graph, photographic  negative,  blue  print,  plan,  map,  model,  note, 
instrument,  appliance,  or  information  relating  to  the  national 
defense,  shall  be  punished  by  imprisonment  for  not  more  than  twenty 
years:  Provided,  That  whoever  shall  violate  the  provisions  of  sub- 
section (a)  of  this  section  in  time  of  war  shall  be  punished  by  death 
orb}'^  imprisonment  for  not  more  than  thirty  years;  and  (b)  whoever, 

1010 


GENERAL  LAWS  [T.  50,  §  36 

in  time  of  war,  with  intent  that  the  same  shall  be  communicated  to 
the  enemy,  shall  collect,  record,  publish,  or  communicate,  or  attempt 
to  elicit  any  information  with  respect  to  the  movement,  numbers, 
description,  condition,  or  disposition  of  any  of  the  armed  forces, 
ships,  aircraft,  or  war  materials  of  the  United  States,  or  with  respect 
to  the  plans  or  conduct,  or  supposed  plans  or  conduct  of  any  naval 
or  military  operations,  or  with  respect  to  any  works  or  measures 
undertaken  for  or  connected  with,  or  intended  for  the  fortification 
or  defense  of  any  place,  or  any  other  information  relating  to  the 
public  defense,  which  might  be  useful  to  the  enemj^,  shall  be  pun- 
ished bv  death  or  by  imprisonment  for  not  more  than  thirty  years. 
(June  15, 1917,  ch.  30,  title  I,  sec.  2,  40  Stat.  218.) 

33.  Seditious  or  disloyal  acts  or  words  in  time  of  war. — Whoever, 

when  the  United  Stat^es  is  at  war,  shall  willfully  make  or  convey 
false  reports  or  false  statements  with  intent  to  interfere  with  the 
operation  or  success  of  the  military  or  naval  forces  of  the  United 
States  or  to  promote  the  success  of  its  enemies  and  whoever,  when 
the  United  States  is  at  war,  shall  willfully  cause  or  attempt  to 
cause  insubordination,  disloyalty,  mutiny,  or  refusal  of  duty,  in  the 
military  or  naval  forces  of  the  United  States,  or  shall  willfully 
obstruct  the  recruiting  or  enlistment  service  of  the  United  States, 
to  the  injury  of  the  service  of  the  United  States,  shall  be  punished  by 
a  fine  of  not  more  than  $10,000  or  imprisonment  for  not  more  than 
twenty  years,  or  both.  (June  15,  1917,  ch.  30,  title  I,  sec.  3,  40  Stat. 
219;  Mar.  3,  1921,  ch.  136,  41  Stat.  1359.) 

34.  Conspiracy  to  violate  preceding  sections. — If  two  or  more 
persons  conspire  to  violate  the  provisions  of  sections  32  or  33  of 
this  title,  and  one  or  more  of  such  persons  does  any  act  to  effect  the 
object  of  the  conspirac}',  each  of  the  parties  to  such  conspiracy  shall 
be  punished  as  in  said  sections  provided  in  the  case  of  the  doing  of 
the  act  the  accomplishment  of  which  is  the  object  of  such  con- 
spiracy. Except  as  above  provided  conspiracies  to  commit  offenses 
under  this  chapter  shall  be  punished  as  provided  by  section  88  of 
title  18.    (June  15, 1917,  ch.  30,  title  I,  sec.  4,  40  Stat.  219.) 

35.  Harboring  or  concealing  violators  of  law. — Whoever  harbors 
or  conceals  any  person  who  he  knows,  or  has  reasonable  grounds  to 
believe  or  suspect,  has  committed,  or  is  about  to  commit,  an  offense 
under  this  chapter  shall  be  punished  by  a  fine  of  not  more  than 
$10,000  or  by  imprisonment  for  not  more  than  two  years,  or  both. 
(June  15, 1917,  ch.  30,  title  I,  sec.  5,  40  Stat.  219.) 

36.  Designation    of   prohibited    places    by   proclamation. — The 

President  in  time  of  war  or  in  case  of  national  emergency  may  by 
proclamation  designate  any  place  other  than  those  set  forth  in 
subsection  (a)  of  section  31  of  this  title  in  which  anything  for  the 
use  of  the  Army  or  Navy  is  being  prepared  or  constructed  or  stored 
at  a  prohibited  place  for  the  purposes  of  this  chapter:  Provided^ 
That  he  shall  determine  that  information  with  respect  thereto  would 
be  prejudicial  to  the  national  defense.  (June  15,  1917,  ch.  30,  title 
I,  sec.  6,  40  Stat.  219.) 


1011 


T.  50,  §  37]  GENERAL  LAWS 

37.  Places  subject  to  provisions  of  chapter. — The  provisions  of 
this  chapter  shall  extend  to  all  Territories,  possessions,  and  places 
subject  to  the  jurisdiction  of  the  United  States  whether  or  not 
contiguous  thereto,  and  offenses  under  this  chapter  when  committed 
upon  the  high  seas  or  elsewhere  within  the  admiralty  and  maritime 
jurisdiction  of  the  United  States  and  outside  the  territorial  limits 
thereof  shall  be  punishable  hereunder.  (June  15,  1917,  ch.  30,  title 
I,  sec.  8,  40  Stat.  219.) 

38.  Jurisdiction  of  courts-martial  and  military  commissions. — 

Nothing  contained  in  this  chapter  or  chapter  12  of  this  title  shall  be 
deemed  to  limit  the  jurisdiction  of  the  general  courts-martial,  mili- 
tary commissions,  or  naval  courts-martial  under  chapter  36  of  title 
10  and  chapter  21  of  title  34.  (June  15,  1917,  ch.  30,  title  I,  sec.  7, 
40  Stat.  219.) 

39.  Jurisdiction  of  courts  of  Canal  Zone  and  Philippine  Islands 
of  offenses  on  high  seas. — The  several  courts  of  first  instance  in 
the  Philippine  Islands  and  the  district  court  of  the  Canal  Zone  shall 
have  jurisdiction  of  offenses  under  this  chapter  and  chapter  12  of 
this  title  committed  within  their  respective  clistricts,  and  concurrent 
jurisdiction  with  the  district  courts  of  the  United  States  of  offenses 
under  this  chapter  and  chapter  12  of  this  title  committed  upon  the 
high  seas,  and  of  conspiracies  to  commit  such  offenses,  as  defined  by 
section  88  of  title  18,  and  the  provisions  of  said  section,  for  the 
purpose  of  this  chapter  and  chapter  12  of  this  title,  are  hereby 
extended  to  the  Philippine  Islands,  and  to  the  Canal  Zone.  In  such 
cases  the  district  attorneys  of  the  Philippine  Islands  and  of  the  Canal 
Zone  shall  have  the  powers  and  perform  the  duties  provided  in 
this  chapter  for  United  States  attorneys.  (June  15,  1917,  ch.  30, 
title  XIII,  sec.  2,  40  Stat.  231.) 

40.  "  United  States  "  defined.— The  term  "  United  States  "  as  used 
in  this  chapter  and  chapter  12  of  this  title  includes  the  Canal  Zone 
and  all  territory  and  waters,  continental  or  insular,  subject  to  the 
jurisdiction  of  the  United  States.  (June  15,  1917,  ch.  30,  title  XIII, 
sec.  1,  40  Stat.  231.) 

41.  "  Foreign  government "  defined. — The  words  "  foreign  gov- 
ernment," as  used  in  this  chapter  of  this  title,  shall  be  deemed  to 
include  any  government,  faction,  or  body  of  insurgents  within  a 
country  with  which  the  United  States  is  at  peace,  which  government, 
faction,  or  body  of  insurgents  may  or  may  not  have  been  recognized 
by  the  United  States  as  a  government.  (June  15,  1917,  ch.  30,  title 
VIII,  sec.  4,  40  Stat.  226.) 

42.  Effect  of  partial  invalidity  of  chapter. — If  any  clause,  sen- 
tence, paragraph,  or  part  of  tliis  chapter  or  of  chapter  12  of  this  title 
shall  for  any  reason  be  adjudged  by  any  court  of  competent  juris- 
diction to  be  invalid,  such  judgment  shall  not  affect,  impair,  or  inval- 
idate the  remainder  thereof  but  shall  be  confined  in  its  operation  to 
the  clause,  sentence,  paragraph,  or  part  thereof  directly  involved  in 
the  controversy  in  which  such  judgment  shall  have  been  rendered. 
(June  15,  1917,  ch.  30,  title  XIll,  sec.  4,  40  Stat.  231.) 

1012 


GENERAL  LAWS  tT.  50,  §  10'2 

CHAPTER    6.— WILLFUL    DESTRUCTION.    AND    SO    FORTH.    OF    WAR 

MATERIAL 

Section  101.  Definition  of  terms. — The  words  "  war  material  ",  as 
used  herein,  shall  include  arms,  armament,  ammunition,  livestock, 
stores  of  clothing,  food,  foodstuffs,  or  fuel ;  and  shall  also  include 
supplies,  munitions,  and  all  other  articles  of  whatever  description, 
and  any  part  or  ingredient  thereof,  intended  for,  adapted  to,  or  suit- 
able for  the  use  of  the  United  States,  or  any  associate  nation,  in  con- 
nection with  the  conduct  of  the  war. 

The  words  ''  war  premises  ",  as  used  herein,  shall  include  all  build- 
ings, grounds,  mines,  or  other  places  wherein  such  war  material  is 
being  produced,  manufactured,  repaired,  stored,  mined,  extracted,  dis- 
tributed, loaded,  unloaded,  or  transported,  together  with  all  machin- 
ery and  appliances  therein  contained;  and  all  forts,  arsenals,  navy 
yards,  camps,  prisons,  or  other  military  or  naval  stations  of  the 
United  States,  or  any  associate  nation. 

The  words  "  war  utilities  ",  as  used  herein,  shall  include  all  rail- 
roads, railways,  electric  lines,  roads  of  whatever  description,  railroad 
or  railway  fixture,  canal,  lock,  dam,  wharf,  pier,  dock,  bridge,  build- 
ing, structure,  engine,  machine,  mechanical  contrivance,  car,  vehicle, 
boat,  or  aircraft,  or  any  other  means  of  transportation  whatsoever, 
whereon  or  whereby  such  war  material  or  any  troops  of  the  United 
States,  or  of  any  associate  nation,  are  being  or  may  be  transported 
either  within  the  limits  of  the  United  States  or  upon  the  high  seas ; 
and  all  dams,  reservoirs,  aqueducts,  water  and  gas  mains  and  pipes, 
structures  and  buildings,  whereby  or  in  connection  with  which  water 
or  gas  is  being  furnished,  or  may  be  furnished,  to  any  war  premises  or 
to  the  military  or  naval  forces  of  the  United  States,  or  any  associate 
nation,  and  all  electric  light  and  power,  steam  or  pneumatic  power, 
telephone  and  telegrajDh  plants,  poles,  wires,  and  fixtures  and  wire- 
less stations,  and  the  buildings  connected  with  the  maintenance  and 
operation  thereof  used  to  supply  water,  light,  heat,  power,  or  facili- 
ties of  communication  to  any  war  premises  or  to  the  military  or  naval 
forces  of  the  United  States,  or  any  associate  nation.  The  words 
"  United  States  "  shall  include  the  Canal  Zone  and  all  territory  and 
waters,  continental  and  insular,  subject  to  the  jurisdiction  of  the 
United  States. 

The  words  "  associate  nation  ",  as  used  in  this  chapter,  shall  be 
deemed  to  mean  any  nation  at  war  with  any  nation  with  which  the 
United  States  is  at  war.    (Apr.  20, 1918,  ch.  59,  sec.  1,  40  Stat.  533.) 

102.  Destroying  or  injuring  war  material  in  time  of  war. — 

When  the  United  States  is  at  war,  whoever,  with  intent  to  injure, 
interfere  with,  or  obstruct  the  United  States  or  any  associate  nation 
in  preparing  for  or  carrying  on  the  war,  or  whoever,  with  reason  to 
believe  that  his  act  may  injure,  interfere  with,  or  obstruct  the  United 
States  or  any  associate  nation  in  preparing  for  or  carrying  on  the  war, 
shall  willfully  injure  or  destroy,  or  shall  attempt  to  so  injure  or 
destroy,  any  war  material,  war  premises,  or  war  utilities,  as  herein 
defined,  shall,  upon  conviction  thereof,  be  fined  not  more  than  $10,000 
or  imprisoned  not  more  than  thirty  years,  or  both.  (Apr.  20, 1918,  ch. 
59,  sec.  2,  40  Stat.  534.) 

1013 


T.  50,  §  103]  GENERAL  LAWS 

103.  Making  or  causing  war  material  to  be  made  in  defective 
manner. — WHien  the  United  States  is  at  war,  whoever,  with  intent 
to  injure,  interefere  with,  or  obstruct  the  United  States  or  any  asso- 
ciate nation  in  preparing  for  or  carrying  on  the  war,  or  whoever, 
with  reason  to  believe  that  his  act  may  injure,  interfere  with,  or 
obstruct  the  United  States  or  any  associate  nation  in  preparing  for 
or  carrying  on  the  war,  shall  willfully  make  or  cause  to  be  made  in 
a  defective  manner,  or  attempt  to  make  or  cause  to  be  made  in  a 
defective  manner,  any  war  material,  as  herein  defined,  or  any  tool, 
implement,  machine,  utensil,  or  receptacle  used  or  emploj^ed  in  mak- 
ing, producing,  manufacturing,  or  repairing  any  such  war  material, 
as  herein  defined,  shall,  upon  conviction  thereof,  be  fined  not  more 
than  $10,000  or  imprisoned  not  more  than  thirty  years,  or  both. 
(Apr.  20,  1918,  ch.  59,  sec.  3,  40  Stat.  534.) 

CHAPTER  12.— VESSELS  IN  TERRITORIAL  WATERS  OF  UNITED  STATES 

Ckoss-Reiferences 

Effect  of  partial  invalidity  of  this  chapter,  see  section  42  of  this  title. 

Jurisdiction  of  courts-martial  and  military  commissions,  see  section  38  of 
this  title. 

Jurisdiction  of  Canal  Zone  district  court  of  offenses  under  this  chapter,  see 
section  39  of  this  title. 

Section  191.  Secretary  of  Treasury  and  Governor  of  Canal  Zone 
authorized  to  regulate  anchorage,  movement,  and  so  forth,  of  ves- 
sel.— Whenever  the  President  by  proclamation  or  Executive  order 
declares  a  national  emergency  to  exist  by  reason  of  actual  or  threat- 
ened war,  insurrection,  or  invasion,  or  disturbance  or  threatened  dis- 
turbance of  the  international  relations  of  the  United  States,  the 
Secretary  of  the  Treasury  may  make,  subject  to  the  approval  of  the 
President,  rules  and  regulations  governing  the  anchorage  and  move- 
ment of  any  vessel,  foreign  or  domestic,  in  the  territorial  waters 
of  the  United  States,  may  insi>ect  such  vessel  at  any  time,  place 
guards  thereon,  and,  if  necessary  in  his  opinion  in  order  to  secure 
such  vessels  from  damage  or  injury,  or  to  prevent  damage  or  injury 
to  any  harbor  or  waters  of  the  United  States,  or  to  secure  the  observ- 
ance of  the  rights  and  obligations  of  the  United  States,  may  take, 
by  and  with  the  consent  of  the  President,  for  such  purposes,  full 
possession  and  control  of  such  vessel  and  remove  therefrom  the 
officers  and  crew  thereof  and  all  other  persons  not  speciall}'  author- 
ized by  him  to  go  or  remain  on  board  thereof. 

Within  the  territory  and  Avaters  of  the  Canal  Zone  the  Governor 
of  the  Panama  Canal,  with  the  approval  of  the  President,  shall 
exercise  all  the  powers  conferred  by  this  section  on  the  Secretary 
of  the  Treasury.     (June  15,  1917,  ch."30.  Title  II,  sec.  1,  40  Stat.  220.) 

192.  Seizure  and  forfeiture  of  vessels  for  failure  to  observe 
regulations. — If  any  owner,  agent,  master,  officer,  or  person  in 
charge,  or  any  member  of  the  crew  of  any  such  vessel  fails  to  comply 
with  any  regulation  or  rule  issued  or  order  given  by  the  Secretary 
of  the  Treasury  or  the  Governor  of  the  Panama  Canal  under  the 
provisions  of  this  title,  or  obstructs  or  interferes  with  the  exercise 
of  any  power  conferred  by  this  title,  the  vessel,  together  with  her 

1014 


GENERAL  LAWS  [T.  50,  §  194 

tackle,  apparel,  furniture,  and  equipment,  shall  be  subject  to  seizure 
and  forfeiture  to  the  United  States  in  the  same  manner  as  merchan- 
dise is  forfeited  for  violation  of  the  customs  revenue  laws;  and 
the  person  guilty  of  such  failure,  obstruction,  or  interference  shall 
be  fined  not  more  than  $10,000,  or  imprisoned  not  more  than  two 
years,  or  both.     (June  15,  1917,  ch.  30,  title  II,  sec.  2',  40  Stat.  220.) 

193.  Destruction  of,  injury  to,  or  improper  use  of  vessels.— It 

shall  be  unlawful  for  the  owner  or  master  or  any  other  person  in 
charge  or  command  of  any  private  vessel,  foreign  or  domestic,  or  for 
any  member  of  the  crew  or  other  person,  within  the  territorial  waters 
of  the  United  States,  willfully  to  cause  or  permit  the  destruction  or 
injury  of  such  vessel  or  knowingly  to  permit  said  vessel  to  be  used 
as  a  place  of  resort  for  any  person  conspiring  with  another  or  pre- 
paring to  commit  any  offense  against  the  United  States,  or  in  viola- 
tion of  the  treaties  of  the  United  States  or  of  the  obligations  of  the 
United  States  under  the  law  of  nations,  or  to  defraud  the  United 
States,  or  knowingly  to  permit  such  vessels  to  be  used  in  violation  of 
the  rights  and  obligations  of  the  United  States  under  the  law  of 
nations ;  and  in  case  such  vessels  shall  be  so  used,  with  the  knowledge 
of  the  owner  or  master  or  other  person  in  charge  or  command  thereof, 
the  vessel,  together  with  her  tackle,  apparel,  furniture,  and  equip- 
ment, shall  be  subject  to  seizure  and  forfeiture  to  the  United  States 
in  the  same  manner  as  merchandise  is  forfeited  for  violation  of  the 
customs  revenue  laws ;  and  whoever  violates  this  section  shall  be  fined 
not  more  than  $10,000,  or  imprisoned  not  more  than  two  years,  or 
both.    (June  15, 1917,  ch.  30,  title  II,  sec.  3,  40  Stat.  220.) 

194.  Employment  of  Army  and  Navy  to  enforce  provisions  of 
chapter. — The  President  may  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States  as  he  may  deem  necessary  to  carry  out 
the  purpose  of  this  chapter.  (June  15,  1917,  ch.  30,  title  II,  sec.  4, 
40  Stat.  220.) 


1015 


PARALLEL  REFERENCE  TABLES 


43803—34 65  1017 


SCHEDULE  OF  TABLES 

Page 

1.  The  Civil  Code  (title  3) - -- -  1019 

2.  The  Code  of  Civil  Procedure  (title  4) 1024 

3.  The  Criminal  Code  (title  5) 1029 

4.  The  Code  of  Criminal  Procedure  (title  6) 1031 

5.  United  States  Code  to  Canal  Zone  Code 1033 

6.  Statutes  at  Large  to  Canal  Zone  Code... 1033 

7.  Executive  orders  to  Canal  Zone  Code 1037 

8.  Acts  and  Ordinances  Isthmian  Canal  Commission  to  Canal  Zone  Code 103S 


1018 


PARALLEL  REFERENCE  TABLES 


PARALLEL  REFERENCE  TABLES 

1.  THE  CIVIL  CODE  (TITLE  3) 

This  table  shows  where  the  sections  of  title  3,  the  Civil  Code,  are  to  be  found 
in  act  of  February  27,  1933  (eh.  128,  47  Stat.  1124),  and  in  the  Civil  Code  of 
California. 


47  Stat, 
ch.  128 


Cali- 
fornia 
Civil 
Code 


10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

60 

51 

52 

63 

55 

60 

61 

62 

63 

64 

65 

66 

67 


10 
11 
13 
14 
18 
19 
25 
26 
27 
29 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
55 
57 


Title  3 


100 
101 
102 
103 
104 


47  Stat, 
ch.  128 


100 

101 

102 

103 

104 

105 

106 

107 

108 

111 

112 

113 

114 

115 

116 

117 

118 

119 

120 

121 

122 

123 

124 

125 

126 

127 

128 

131 

132 

133 

134 

135 

136 

137 

138 

139 

140 

141 

142 

143 

144 

145 

146 

147 

148 

149 

150 

151 

152 

153 

154 

155 

IGl 

162 

163 

164 


89 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 
110 
111 
112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 
128 
129 
130 
131 
132 
133 
134 
135 
136 
137 
138 


Cali- 
fornia 
Civil 
Code 


106 
94 
111 
112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 


90 


136 
137 
91 


141 
142 
143 
146 
147 


155 

156 

157 

158 

159 

160 

161 

162 

163 

164 

165 

166 

167 

168 

169 

170 

171 

171a 

172 

174 

175 

176 

177 

178 

181 


Title  3 


193 
194 
195 


47  Stat, 
ch.  128 


165 

166 

167 

168 

169 

170 

171 

172 

173 

174 

175 

176 

177 

178 

179 

180 

181 

182 

183 

191 

192 

193 

194 

195 

196 

201 

202 

203 

204 

205 

206 

207 

208 

209 

210 

211 

212 

213 

214 

216 

216 

221 

222 

223 

224 

225 

226 

227 

228 

229 

230 

241 

242 

243 

244 

245 

246 

247 

248 

249 

251 

252 

253 

254 

255 

256 

257 


Cali- 
fornia 
Civil 
Code 


139 

140 

141 

142 

143 

144 

145 

146 

147 

148 

149 

150 

151 

152 

153 

154 

155 

156 

167 

158 

159 

161 

162 

163 

164 

166 

166 

166a 

166b 

166c 

166d 

166e 

166f 

167 

168 

169 

169a 

169b 

169c 

169d 

1696 

170 

171 

172 

173 

174 

175 

176 

177 

178 

179 

180 

181 

181a 

181b 

181c 

181d 

181e 

181  f 

181g 

182 

183 

184 

185 

186 

187 

188 


216 
196 
197 
198 
199 
200 
201 
202 
203 
204 
205 
206 
207 
208 
209 
210 
211 
212 
213 


Title  3 


230 

236 

237 

238 

239 

240  i 

241 

242 

246 

250 

261 

252 

253 

254 

255 

266 

267 


654 
655 
656 
667 
658 
659 
660 


47  Stat, 
ch.  128 


258 

261 

262 

263 

271 

272 

273 

274 

275 

276 

277 

278 

279 

280 

281 

282 

283 

284 

286 

286 

287 

288 

289 

290 

291 

292 

293 

294 

301 

302 

303 

304 

305 

311 

312 

321 

322 

323 

324 

325 

331 

332 

341 

342 

343 

344 

351 

362 

361 

371 

372 

381 

382 

383 

384 

386 

386 

391 

401 

411 

412 

413 

414 

415 

416 

417 

418 


189 

190 

191 

192 

193 

194 

195 

196 

197 

198 

199 

200 

201 

202 

203 

204 

205 

206 

207 

208 

209 

210 

211 

212 

213 

214 

215 

216 

217 

218 

219 

220 

221 

222 

223 

224 

225 

226 

227 

228 

229 

230 

231 

232 

233 

234 

236 

236 

237 

238 

239 

240 

241 

242 

243 

244 

245 

246 

247 

248 

249 

250 

251 

252 

253 

264 

255 


Cali- 
fornia 
Civil 
Code 


1019 


PARALLEL  REFERENCE  TABLES 
1.  The  Civil  Code  {Title  3)— Continued 


Cali- 

Cali- 

Cali- 

Cali- 

Title 3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
CivU 
Code 

Title  3 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

419 

256 

1031 

544 

334 

1298 

643 

412 

1396 

802 

490 

1550 

420 

257 

1032 

545 

335 

1299 

644 

413 

1397 

811 

491 

1556 

421 

25S 

1033 

546 

336 

1300 

645 

414 

1398 

812 

492 

1557 

431 

259 

1039 

547 

337 

1300a 

646 

415 

1399 

813 

493 

1558 

432 

260 

1040 

548 

338 

1301 

647 

416 

1400 

814 

494 

1559 

441 

261 

1044 

549 

339 

1302 

648 

417 

1401 

821 

495 

1.565 

442 

262 

1045 

550 

340 

1303 

649 

418 

1402 

822 

496 

1566 

443 

263 

1046 

551 

341 

1304 

650 

419 

1403 

823 

497 

1567 

451 

264 

1052 

552 

342 

1305 

051 

420 

1404 

824 

498 

1568 

452 

265 

1135 

553 

343 

1374 

652 

421 

825 

499 

1569 

453 

266 

1136 

554 

344 

1306 

653 

422 

""'hos' 

826 

500 

1570 

454 

267 

1053 

555 

345 

1307 

654 

423 

1409 

827 

501 

1571 

455 

268 

1054 

556 

346 

1308 

661 

424 

1427 

828 

502 

1572 

456 

269 

1055 

557 

347 

1309 

662 

425 

1428 

829 

503 

1573 

457 

270 

1056 

558 

348 

1310 

671 

426 

1429 

830 

504 

1574 

458 

271 

1057 

559 

349 

1313 

681 

427 

1430 

831 

505 

1575 

459 

272 

1059 

560 

350 

1375 

682 

428 

1431 

832 

506 

1576 

461 

273 

1006 

571 

351 

1317 

683 

429 

1432 

833 

507 

1577 

462 

274 

1067 

572 

352 

1318 

691 

430 

1434 

834 

508 

1578 

463 

275 

1068 

573 

353 

1319 

692 

431 

1435 

835 

509 

1579 

464 

276 

1069 

574 

354 

1320 

693 

432 

1436 

836 

510 

1580 

465 

277 

1070 

575 

355 

1321 

694 

433 

1437 

837 

511 

1581 

466 

278 

1071 

576 

356 

1322 

695 

434 

1438 

838 

512 

1,582 

471 

279 

1083 

577 

357 

1323 

696 

435 

1439 

839 

513 

1583 

472 

280 

10S4 

578 

358 

1324 

697 

436 

1440 

840 

514 

1584 

481 

281 

1146 

579 

359 

1325 

698 

437 

1441 

841 

515 

1585 

482 

282 

1147 

580 

360 

1326 

699 

438 

1442 

842 

516 

1586 

483 

283 

1148 

581 

361 

1327 

701 

439 

1448 

843 

517 

1,587 

484 

284 

1149 

582 

362 

1328 

702 

440 

1449 

844 

518 

1,588 

485 

285 

1150 

583 

363 

1330 

703 

441 

1450 

845 

519 

1589 

486 

286 

1151 

584 

364 

1331 

704 

442 

1451 

851 

520 

1595 

487 

287 

1152 

585 

365 

1333 

711 

443 

14.57 

852 

521 

1596 

488 

288 

1153 

586 

366 

1334 

712 

444 

1458 

853 

522 

1597 

491 

289 

1180 

587 

367 

1335 

713 

445 

1459 

854 

523 

1598 

492 

290 

1182 

588 

368 

1336 

721 

446 

1473 

855 

524 

1599 

493 

291 

1183 

589 

369 

1337 

722 

447 

1474 

861 

525 

1605 

494 

292 

590 

370 

1339 

723 

448 

1475 

862 

526 

1606 

495 

293 

"""iiis" 

591 

371 

1340 

724 

449 

1476 

863 

527 

1607 

496 

294 

1188 

592 

372 

1341 

725 

450 

1477 

864 

628 

1608 

497 

295 

1189 

593 

373 

1342 

726 

451 

1478 

865 

529 

1609 

498 

296 

1190 

594 

374 

1343 

727 

452 

1479 

866 

530 

1610 

499 

297 

1192 

595 

375 

1344 

731 

453 

1485 

867 

531 

1611 

500 

298 

1193 

596 

376 

1345 

732 

454 

1486 

868 

532 

1612 

501 

299 

1195 

597 

377 

1346 

733 

455 

1487 

869 

533 

1613 

502 

300 

1196 

598 

378 

1347 

734 

456 

1488 

870 

534 

1614 

503 

301 

1197 

599 

379 

1348 

735 

457 

1489 

871 

535 

1615 

504 

302 

1198 

600 

380 

1349 

736 

458 

1490 

881 

536 

1619 

505 

303 

1199 

601 

381 

1350 

737 

459 

1491 

882 

537 

1620 

506 

304 

1200 

602 

382 

1351 

738 

460 

1492 

883 

538 

1621 

507 

305 

1201 

603 

383 

1375 

739 

461 

1493 

884 

539 

1622 

508 

306 

1202 

611 

384 

1357 

740 

462 

1494 

885 

540 

1623 

609 

307 

1203 

612 

385 

1359 

741 

463 

1495 

886 

541 

1624 

510 

308 

1204 

613 

386 

1360 

742 

464 

1496 

887 

542 

1625 

511 

309 

1205 

614 

387 

1361 

743 

465 

1497 

888 

543 

1626 

512 

310 

615 

388 

1362 

744 

466 

1498 

889 

544 

1627 

521 

311 

"  "1276" 

616 

389 

1363 

745 

467 

1499 

890 

545 

1629 

522 

312 

1272 

617 

390 

1365 

746 

468 

1500 

901 

546 

1635 

523 

313 

1273 

618 

391 

1366 

747 

469 

1501 

902 

547 

1630 

524 

314 

1274 

619 

392 

1367 

748 

470 

1502 

903 

548 

1637 

525 

315 

1276 

620 

393 

1368 

749 

471 

1503 

904 

549 

1638 

526 

316 

1277 

621 

394 

1369 

750 

472 

1504 

905 

550 

1639 

527 

317 

1278 

622 

395 

1370 

751 

473 

1505 

906 

551 

1640 

528 

318 

1279 

623 

396 

1371 

761 

474 

1511 

907 

552 

1641 

529 

319 

1280 

624 

397 

1372 

762 

475 

1512 

908 

553 

1642 

530 

320 

1282 

625 

398 

1373 

763 

476 

1514 

909 

554 

1643 

531 

321 

1283 

626 

399 

1377 

764 

477 

1515 

910 

555 

1644 

532 

322 

631 

400 

1383 

771 

478 

1521 

911 

556 

1645 

533 

323 

632 

401 

1384 

772 

479 

1522 

912 

557 

1646 

534 

324 

'""1287' 

633 

402 

1386 

773 

480 

1523 

913 

558 

1647 

535 

325 

1288 

634 

403 

1387 

774 

481 

1524 

914 

559 

1648 

536 

326 

1289 

635 

404 

1388 

781 

482 

1530 

915 

560 

1649 

537 

327 

1290 

636 

405 

1389 

782 

483 

1531 

916 

561 

16.50 

538 

328 

1291 

637 

406 

1390 

783 

484 

1.532 

917 

562 

1651 

539 

329 

1292 

638 

407 

1391 

784 

4S5 

1533 

918 

563 

16.52 

540 

330 

1293 

639 

408 

1392 

791 

486 

1541 

919 

564 

16,53 

541 

331 

1295 

6-40 

409 

1393 

792 

487 

1542 

920 

565 

1654 

542 

332 

1296 

641 

410 

1394 

793 

488 

1543 

921 

566 

1655 

543 

333 

1297 

642 

411 

1395 

801 

489 

1549 

922 

567 

1656 

1020 


PARALLEL  REFERENCE  TABLES 
1.  The  Civil  Code  (Title  3) — Continued 


Cali- 

Cali- 

Cali- 

Cali- 

Titles 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat. 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

foruia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

923 

568 

1657 

1030 

646 

1131 

724 

1851 

1237 

803 

1890 

924 

569 

1059 

1031 

647 

1132 

725 

1852 

1238 

804 

1891 

925 

570 

1660 

1032 

648 

1133 

726 

1853 

1239 

805 

1892 

926 

571 

1061 

1033 

649 

1134 

727 

1854 

1240 

806 

1893 

931 

572 

1667 

1034 

650 

1135 

728 

1855 

1241 

807 

1894 

932 

673 

1668 

1035 

651 

1136 

729 

1856 

1242 

808 

1895 

933 

574 

1670 

1036 

652 

1137 

730 

1857 

1243 

809 

1896 

934 

575 

1671 

1037 

653 

1141 

731 

1251 

810 

1902 

935 

576 

1673 

1038 

654 

1142 

732 

1252 

811 

1903 

936 

577 

1075 

1039 

655 

1143 

733 

1253 

812 

1904 

937 

578 

1676 

1040 

056 

1144 

734 

1254 

813 

1905 

941 

579 

1082 

1041 

657 

1145 

735 

1255 

814 

1906 

951 

580 

1688 

1042 

658 

1146 

736 

1261 

815 

1912 

952 

581 

1089 

1043 

659 

1147 

737 

1262 

816 

1913 

953 

582 

1690 

1044 

660 

1148 

738 

1263 

817 

1914 

954 

583 

1691 

1045 

661 

1149 

739 

1264 

818 

1915 

961 

584 

1697 

1046 

662 

1150 

740 

1265 

819 

1916 

962 

585 

1698 

1047 

663 

1151 

741 

1266 

820 

963 

586 

1099 

1048 

664 

1152 

742 

1267 

821 

964 

587 

1700 

1049 

665 

1153 

743 

1268 

822 

965 

588 

1701 

1050 

666 

1154 

744 

1269 

823 

971 

589 

1708 

1051 

667 

1155 

745 

1271 

824 

1925 

972 

590 

1709 

1052 

668 

1156 

746 

1272 

825 

1926 

973 

591 

1710 

1053 

669 

1157 

747 

1273 

826 

1927 

974 

592 

1711 

1054 

070 

1158 

748 

1274 

827 

1928 

975 

593 

1712 

1055 

071 

1159 

749 

1275 

S2S 

1929 

976 

594 

1713 

1056 

672 

1160 

750 

1276 

829 

1930 

977 

595 

1714 

1057 

673 

1161 

751 

1277 

830 

1931 

978 

596 

1715 

1061 

674 

1162 

752 

1278 

831 

1932 

981 

597 

1062 

675 

1163 

753 

1279 

832 

1933 

982 

598 

1063 

676 

1164 

754 

1280 

833 

1934 

983 

599 

1064 

677 

1165 

755 

1281 

834 

1935 

984 

600 

.. 

1065 

078 

1166 

756 

1282 

835 

1955 

985 

601 

1066 

679 

1167 

.   757 

1283 

836 

1956 

986 

602 

1067 

680 

1168 

758 

1284 

837 

1957 

987 

603 

1068 

681 

1169 

759 

1285 

838 

1958 

988 

604 

1069 

682 

1170 

760 

1291 

839 

989 

605 

1070 

683 

1171 

761 

1292 

840 

990 

606 

1071 

684 

1172 

762 

1301 

841 

1905 

991 

607 

1072 

685 

1173 

763 

1311 

842 

1969 

992 

608 

1073 

686 

1174 

764 

1312 

843 

1970 

993 

609 

1074 

687 

1175 

765 

1313 

844 

1971 

994 

610 

1075 

688 

1176 

766 

1321 

845 

1975 

995 

611 

1076 

689 

1177 

767 

1322 

840 

1976 

996 

612 

1077 

690 

1178 

768 

1323 

847 

1977 

997 

613 

1078 

691 

1179 

769 

1324 

848 

1978 

998 

614 

1079 

692 

1180 

770 

1325 

849 

1979 

999 

615 

1080 

693 

1181 

771 

1326 

850 

1981 

1000 

616 

1081 

694 

1182 

772 

1327 

851 

1982 

lOOl 

617 

1082 

695 

1183 

773 

1328 

852 

1983 

1002 

618 

1083 

696 

1184 

774 

1329 

853 

1984 

1003 

619 

1084 

697 

1185 

775 

1330 

854 

1985 

1004 

620 

1085 

698 

1186 

776 

1331 

855 

1986 

1005 

621 

1091 

699 

1813 

1187 

777 

1332 

856 

1987 

1006 

622 

1092 

700 

1814 

1188 

778 

1333 

857 

1988 

1007 

623 

1093 

701 

1815 

1189 

779 

1334 

858 

1990 

1008 

624 

1094 

702 

1816 

1190 

780 

1335 

859 

1991 

1009 

625 

1095 

703 

1817 

1191 

781 

1336 

860 

1992 

1010 

626 

1096 

704 

1818 

1192 

783 

1341 

861 

1996 

1011 

627 

1101 

705 

1822 

1193 

784 

1342 

862 

1997 

1012 

628 

1102 

706 

1823 

1201 

785 

1861 

1343 

803 

1998 

1013 

629 

1103 

707 

1824 

1202 

786 

1862 

1344 

864 

1999 

1014 

630 

1104 

708 

1825 

1211 

787 

1864 

1345 

865 

2000 

1015 

631 

1105 

709 

1826 

1212 

788 

1865 

1346 

806 

2001 

1016 

632 

1106 

710 

1827 

1213 

789 

1866 

1347 

867 

2002 

1017 

633 

1107 

711 

1828 

1214 

790 

1867 

1348 

868 

2003 

1018 

634 

1111 

712 

1833 

1215 

791 

1868 

1351 

809 

2009 

1019 

635 

1112 

713 

1834 

1216 

792 

1869 

1352 

870 

2010 

1020 

636 

1113 

714 

1835 

1217 

793 

1870 

1353 

871 

2011 

1021 

637 

1114 

715 

1836 

1218 

794 

1871 

1354 

872 

2012 

1022 

638 

1115 

716 

1837 

1219 

795 

1872 

1355 

873 

2014 

1023 

639 

1116 

717 

1838 

1221 

796 

1878 

1356 

874 

2015 

1024 

640 

1117 

718 

1839 

1231 

797 

1884 

1361 

875 

2019 

1025 

641 

1118 

719 

1840 

1232 

798 

1885 

1362 

870 

2020 

1026 

642 

1121 

720 

1844 

1233 

799 

1886 

1363 

877 

2021 

1027 

643 

1122 

721 

1845 

1234 

800 

1887 

1364 

878 

2022 

1028 

644 

1123 

722 

1846 

1235 

801 

1888 

1371 

879 

2026 

1029 

645 

1124 

723 

1847 

1236 

802 

1889 

1372 

880 

2027 

1021 


PARALLEL  REFERENCE  TABLES 
1.  The  Civil  Code  {Title  S)— Continued 


Cali- 

Cali- 

Cali- 

Cali- 

Titles 

47  Stat. 
Ch.  128 

fornia 
CivU 
Code 

Title  3 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

1373 

881 

2028 

1553 

1012 

2252 

1723 

1090 

2403 

1901 

1170 

2561 

1374 

882 

2029 

1554 

1013 

2253 

1724 

1091 

2404 

1902 

1171 

2502 

137,5 

883 

2030 

1555 

1014 

2254 

1725 

1092 

2405 

1903 

1172 

2503 

1381 

881 

2078 

1551 

1015 

2258 

1726 

1093 

2406 

1904 

1173 

2501 

1391 

885 

2085 

1562 

1016 

2259 

1731 

1094 

2410 

1905 

1174 

250,5 

1392 

886 

2086 

1563 

1017 

2260 

1732 

1095 

2411 

1906 

1175 

2500 

1393 

887 

1564 

1018 

2261 

1733 

1096 

2412 

1907 

1176 

2507 

1394 

888 

""2O89' 

1.565 

1019 

2262 

1734 

1097 

2413 

1908 

1177 

2508 

1395 

889 

2090 

1566 

1020 

2263 

1741 

1098 

2417 

1909 

1178 

2569 

1401 

890 

2096 

1571 

1021 

2267 

1742 

1099 

2418 

1910 

1179 

2570 

1411 

891 

2100 

1572 

1022 

2268 

1751 

1100 

2424 

1911 

1180 

2571 

1412 

892 

2101 

1573 

1023 

2269 

1761 

1101 

2428 

1912 

1181 

2572 

1413 

893 

2102 

1581 

1024 

2273 

1762 

1102 

2429 

1913 

1182 

2573 

1414 

894 

2103 

1582 

1025 

2274 

1763 

1103 

2430 

1914 

1183 

2574 

1415 

895 

2104 

1583 

1026 

2275 

1764 

1104 

2431 

1915 

1184 

2575 

1421 

896 

2110 

1591 

1027 

2279 

1771 

1105 

2435 

1916 

1185 

2570 

1431 

897 

2114 

1592 

1028 

2280 

1772 

1106 

2436 

1917 

1186 

2577 

1432 

898 

2115 

1593 

1029 

2281 

1773 

1107 

2437 

1918 

1187 

2578 

1433 

899 

2116 

1594 

1030 

2282 

1774 

1108 

2438 

1919 

1188 

2579 

1434 

900 

2118 

1595 

1031 

2283 

1781 

1109 

2442 

1920 

1189 

2580 

143.'> 

901 

2120 

1601 

1032 

2287 

1782 

1110 

2443 

1921 

1190 

2581 

1436 

902 

2121 

1602 

1033 

2288 

1783 

nil 

2444 

1922 

1191 

2582 

1441 

903 

1603 

1034 

2289 

1784 

1112 

2445 

1923 

1192 

2583 

1451 

946 

'""2136" 

1611 

1035 

2295 

1791 

1113 

2449 

1931 

1193 

2580 

1452 

947 

2137 

1612 

1036 

2296 

1792 

1114 

2450 

1932 

1194 

2587 

1453 

948 

2138 

1613 

1037 

2297 

1793 

1115 

2451 

1933 

1195 

2588 

145t 

949 

2139 

1614 

1038 

2298 

1794 

1116 

2452 

1934 

1196 

2589 

1455 

950 

2140 

1615 

1039 

2299 

1795 

1117 

2453 

1935 

1197 

2590 

1450 

951 

2141 

1616 

1040 

2300 

1796 

1118 

2454 

1936 

1198 

2591 

1457 

952 

2142 

1621 

1041 

2304 

1801 

1119 

2458 

1937 

1199 

2592 

1458 

953 

2143 

1622 

1042 

2305 

1802 

1120 

2459 

1938 

1200 

2593 

1459 

954 

2144 

1623 

1043 

2306 

1803 

1121 

2460 

1939 

1201 

2594 

1461 

955 

2162 

1624 

1044 

2307 

1804 

1122 

2461 

1940 

1202 

2595 

1471 

956 

2168 

1625 

1045 

2308 

1805 

1123 

2462 

1941 

1203 

2590 

1472 

957 

2169 

1626 

1046 

2309 

1811 

1124 

2477 

1942 

1204 

2597 

1473 

961 

2173 

1627 

1047 

2311 

1812 

1125 

2478 

1943 

1205 

2598 

1474 

962 

2174 

1628 

1048 

2310 

1813 

1126 

2479 

1944 

1200 

2599 

1475 

963 

2175 

1629 

1049 

2312 

1814 

1127 

2480 

1951 

1207 

2003 

1476 

964 

2176 

1630 

1050 

2313 

1815 

1128 

2481 

1952 

1208 

2004 

1477 

965 

2177 

1631 

1051 

2314 

1816 

1129 

2482 

1953 

1209 

2005 

1481 

967 

2182 

1632 

1052 

2315 

1817 

1130 

2485 

1954 

1210 

2000 

1482 

971 

2186 

1633 

1053 

2316 

1821 

1131 

2489 

1955 

1211 

2007 

1483 

972 

2187 

1634 

1054 

2317 

1822 

1132 

2490 

1956 

1212 

2008 

1484 

973 

2188 

1635 

1055 

2318 

1823 

1133 

2491 

19.57 

1213 

2609 

1485 

974 

2190 

1636 

10,56 

2319 

1824 

1134 

2492 

1958 

1214 

2610 

1491 

975 

2194 

1637 

1057 

2320 

1825 

1135 

2493 

1959 

1215 

2611 

1492 

976 

2195 

1638 

1058 

2321 

1826 

1136 

2494 

1900 

1216 

2612 

1493 

977 

2196 

1639 

1059 

2322 

1827 

1137 

2495 

1971 

1218 

2017 

1494 

978 

2200 

1640 

1060 

2323 

1828 

1138 

2496 

1972 

1219 

2618 

1495 

979 

2201 

1641 

1061 

2325 

1831 

1139 

2500 

1973 

1220 

2619 

1496 

980 

2202 

1642 

1062 

2326 

1832 

1140 

2501 

1974 

1221 

2620 

1497 

981 

2203 

1651 

1063 

2330 

1833 

1141 

2502 

1975 

1222 

2021 

1501 

986 

2215 

1652 

1064 

2331 

1834 

1142 

2503 

1976 

1223 

2022 

1502 

987 

2216 

1653 

1065 

2332 

1841 

1143 

2507 

1981 

1224 

2626 

1,503 

988 

2217 

1654 

1066 

2333 

1842 

1144 

2508 

1982 

1225 

2627 

1504 

989 

2218 

1655 

1067 

2334 

1843 

1145 

2509 

1983 

1220 

2628 

1.505 

990 

2219 

1656 

1068 

2335 

1844 

1146 

2510 

1984 

1227 

2029 

1,506 

991 

2220 

1657 

1069 

2336 

1851 

1147 

2527 

1991 

1228 

2033 

1507 

992 

2221 

1658 

1070 

2337 

1861 

1148 

2531 

1992 

1229 

2633a 

1508 

993 

2222 

1659 

1071 

2338 

1802 

1149 

2532 

1993 

1230 

2034 

1,509 

994 

2223 

1660 

1072 

2339 

1863 

1151 

2534 

1994 

1231 

2035 

1510 

995 

2224 

1671 

1073 

2342 

1871 

1152 

2538 

1995 

1232 

2030 

1521 

990 

2228 

1072 

1074 

2343 

1872 

1153 

2539 

1996 

1233 

2037 

1522 

997 

2229 

1673 

1075 

2344 

1873 

1154 

2540 

2001 

1234 

2641 

1,523 

998 

2230 

1674 

1076 

2345 

1874 

1155 

2541 

2002 

1235 

2642 

1524 

999 

2231 

1681 

1077 

2349 

1875 

1156 

2542 

2011 

1236 

2646 

1525 

1000 

2232 

1682 

1078 

2350 

1881 

1157 

2546 

2012 

1237 

2647 

1526 

1001 

2233 

1683 

1079 

2351 

1882 

1158 

2547 

2013 

1238 

2648 

1527 

1002 

2234 

1691 

1080 

2355 

1883 

1159 

2548 

2014 

1239 

2649 

1528 

1003 

2235 

1692 

1081 

2356 

1884 

1160 

2549 

2021 

1240 

2753 

1529 

1004 

2236 

1701 

1082 

2367 

1885 

1161 

2550 

2022 

1241 

2754 

1530 

1005 

2237 

1702 

1083 

2368 

1886 

1162 

2551 

2023 

1242 

2755 

1531 

1006 

2238 

1703 

1084 

2369 

1887 

1163 

2552 

2024 

1243 

2750 

1532 

1007 

22.'59 

1711 

1085 

2395 

1888 

1164 

2553 

2025 

1244 

2757 

1541 

1008 

2243 

1712 

1080 

2396 

1889 

1165 

2554 

2031 

1245 

2702 

1542 

1009 

2244 

1713 

1087 

2397 

1890 

1166 

2555 

2032 

1246 

2703 

1551 

1010 

2250 

1721 

1088 

2401 

1891 

1168 

2557 

2033 

1247 

2704 

1552 

1011 

2251 

1722 

1089 

2402  1 

1892 

1169 

2558 

2034 

1248 

2705 

1022 


PARALLEL  REFERENCE  TABLES 
1.  The  CivU  Code  {Title  S)— Contiuuetl 


Cali- 

Cali- 

Cali- 

Cali- 

Titles 

47  Stat. 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch.  128 

fornia 
CivU 
Code 

2035 

1249 

2766 

2211 

1326 

2903 

2326 

1405 

3087 

2435 

1483 

3165 

2036 

1250 

2767 

2212 

1327 

2904 

2327 

1406 

3088 

2436  1 

1484 

3166 

2037 

1251 

2769 

2213 

1328 

2905 

2328 

1407 

3089 

2437 

1485 

3167 

2041 

1251a 

2772 

2221 

1329 

2909 

2329 

1408 

3090 

2438 

1486 

3168 

2042 

1252 

2773 

2222 

1330 

2910 

2330 

1409 

3091 

2439 

1487 

3169 

2043 

1253 

2774 

2223 

1331 

2911 

2331 

1410 

3092 

2441 

148S 

3170 

2044 

1254 

2775 

2224 

1332 

2912 

2332 

1411 

3093 

2442 

1489 

3171 

2045 

1255 

2776 

2225 

1333 

2913 

2333 

1412 

3094 

2443 

1490 

3172 

2046 

1256 

2777 

2231 

1334 

2920 

2334 

1413 

3095 

2444 

1491 

3173 

2047 

1257 

2778 

2232 

1335 

2922 

2335 

1414 

3096 

2445 

1492 

3174 

2048 

1258 

2779 

2233 

1336 

2923 

2336 

1415 

3097 

2446 

1493 

3175 

2049 

1259 

2780 

2234 

1337 

2924 

2337 

1416 

3098 

2447 

1494 

3176 

2050 

1260 

2781 

2235 

1338 

2925 

2338 

1417 

3099 

2448 

1495 

3177 

2061 

1261 

2787 

2236 

1339 

2926 

2339 

1418 

3100 

2449 

1496 

317S 

2071 

1262 

2788 

2237 

1340 

2927 

2340 

1419 

3101 

2450 

1497 

31711 

2072 

1263 

2792 

2238 

1341 

2928 

2341 

1420 

3102 

2451 

1498 

3180 

2073 

1264 

2793 

2239 

1342 

2929 

2342 

1421 

3103 

2452 

1499 

3181 

2074 

1265 

2794 

2240 

1343 

2930 

2343 

1422 

3104 

2453 

1500 

3182 

2075 

1266 

2795 

2241 

1344 

2932 

2351 

1423 

3105 

2454 

1501 

3183 

2081 

1267 

2799 

2242 

1345 

2933 

2352 

1424 

3106 

2455 

1502 

3184 

2082 

1268 

2800 

2243 

1345a 

2353 

1425 

3107 

2456 

1503 

3185 

2083 

1269 

2801 

2244 

1346 

'"2934" 

2354 

1426 

3108 

2457 

1504 

3186 

2084 

1270 

2802 

2245 

1347 

2935 

2355 

1427 

3109 

2458 

1505 

3187 

2091 

1271 

2806 

2246 

1348 

2936 

2356 

1428 

3110 

2459 

1506 

3188 

2092 

1272 

2807 

2247 

1349 

2938 

2361 

1429 

3111 

2460 

1507 

3189 

2093 

1273 

2808 

2248 

1350 

2939 

2362 

1430 

3112 

2461 

1508 

3190 

2094 

1274 

2809 

2249 

1351 

2941 

2363 

1431 

3113 

2462 

1509 

3191 

2095 

1275 

2810 

2250 

1352 

2942 

2364 

1432 

3114 

2463 

1510 

3192 

2101 

1276 

2814 

2261 

1353 

2955 

2365 

1433 

3115 

2464 

1511 

3193 

2102 

1277 

2815 

2262 

1354 

2366 

1434 

3116 

2465 

1512 

3194 

2111 

1278 

2819 

2263 

1355 

""2956' 

2367 

1435 

3117 

2466 

1513 

3195 

2112 

1279 

2820 

2264 

1356 

2957 

2368 

1436 

3118 

2467 

1514 

3196 

2113 

1280 

2821 

2265 

1357 

2963 

2369 

1437 

3119 

2468 

1515 

3197 

2114 

1281 

2822 

2266 

1359 

2370 

1438 

3120 

2469 

1516 

3198 

2115 

1282 

2823 

2267 

1360 

'"2987' 

2371 

1439 

3121 

2470 

1517 

3199 

2116 

1283 

2824 

2268 

1361 

2968 

2372 

1440 

3122 

2481 

1518 

3200 

2117 

1284 

2825 

2269 

1362 

2969 

2373 

1441 

3123 

2482 

1519 

3201 

2121 

1285 

2831 

2270 

1363 

2970 

2374 

1442 

3124 

2483 

1520 

3202 

2122 

1286 

2832 

2271 

1364 

2971 

2375 

1443 

3125 

2484 

1521 

3203 

2131 

1287 

2836 

2272 

1365 

2972 

2376 

1444 

3126 

2485 

1522 

3204 

2132 

1288 

2837 

2273 

1366 

2973 

2377 

1445 

3127 

2486 

1523 

3205 

2133 

1289 

2838 

2281 

1367 

2986 

2378 

1446 

3128 

2487 

1524 

3201 

2134 

1290 

2839 

2282 

1368 

2987 

2379 

1447 

3129 

2491 

1525 

3207 

2135 

1291 

2840 

2283 

1369 

2988 

2380 

1448 

3130 

2492 

1526 

320S 

2141 

1292 

2844 

2284 

1370 

2989 

2381 

1449 

3131 

2493 

1527 

3209 

2142 

1293 

2845 

2285 

1371 

2990 

2391 

1450 

3132 

2494 

1528 

3210 

2143 

1294 

2846 

2286 

1372 

2991 

2392 

1451 

3133 

2495 

1529 

3211 

2144 

1295 

2847 

2287 

1373 

2992 

2393 

1452 

3134 

2496 

1530 

3212 

2145 

1296 

2848 

2288 

1374 

2993 

2394 

1453 

3135 

2501 

1531 

3213 

2146 

1297 

2849 

2289 

1375 

2994 

2395 

1454 

3136 

2502 

1532 

3214 

2147 

1298 

2850 

2290 

1376 

2995 

2396 

1455 

3137 

2503 

1533 

3215 

2151 

1299 

2854 

2291 

1377 

2996 

2397 

1456 

3138 

2504 

1534 

321f 

2161 

1300 

2858 

2292 

1378 

2997 

2398 

1457 

3139 

2505 

1535 

3217 

2162 

1301 

2859 

2293 

1379 

2998 

2399 

1458 

3140 

2506 

1536 

321i: 

2163 

1302 

2800 

2294 

1380 

2999 

2401 

1459 

3141 

2507 

1537 

321£ 

2164 

1303 

2861 

2295 

1381 

3000 

2402 

1460 

3142 

2508 

1538 

322c 

2165 

1304 

2862 

2296 

1382 

3001 

2403 

1461 

3143 

2509 

1539 

3221 

2166 

1305 

2863 

2297 

1383 

3002 

2404 

1462 

3144 

2510 

1540 

322C 

2167 

1306 

2864 

2298 

1384 

3003 

2405 

1463 

3145 

2511 

1541 

322: 

2168 

1307 

2865 

2299 

1385 

3004 

2406 

1464 

3146 

2521 

1542 

322-1 

2169 

1308 

2866 

2300 

1386 

3005 

2407 

1465 

3147 

2522 

1543 

322; 

2171 

1309 

2872 

2301 

1387 

3006 

2408 

1466 

3148 

2523 

1544 

322f 

2172 

1310 

2873 

2302 

1388 

3007 

2409 

1467 

3149 

2524 

1545 

322" 

2173 

1311 

2874 

2303 

1389 

3008 

2410 

1468 

3150 

2525 

1546 

322; 

2174 

1312 

2875 

2304 

1390 

3009 

2421 

1469 

3151 

2526 

1547 

322c 

2175 

1313 

2876 

2305 

1391 

3010 

2422 

1470 

3152 

2527 

1548 

323( 

2176 

1314 

2877 

2306 

1392 

3011 

2423 

1471 

3153 

2528 

1549 

323 

2181 

1315 

2881 

2311 

1393 

3051 

2424 

1472 

3154 

2529 

1.550 

323!. 

2182 

1316 

2882 

2312 

1394 

3051a 

2425 

1473 

3155 

2531 

1551 

32lv 

2183 

1317 

2883 

2313 

1396 

3052 

2426 

1474 

3156 

2532 

1552 

3234 

2184 

1318 

2884 

2314 

1396 

3053 

2427 

1475 

3157 

2533 

1553 

323; 

2191 

1319 

2888 

2315 

1397 

3054 

2428 

1476 

3158 

2534 

1554 

323C 

2192 

1320 

2889 

2316 

1398 

3057 

2429 

1477 

3159 

2535 

1555 

3237 

2193 

1321 

2890 

2321 

1400 

3082 

2430 

1478 

3160 

2536 

l.OSO 

323S 

2194 

1322 

2891 

2322 

1401 

3083 

3431 

1479 

3161 

2537 

1557 

323(' 

2195 

1323 

2892 

2323 

1402 

3084 

2432 

1480 

3162 

2538 

1558 

324C 

2201 

1324 

2897 

2324 

1403 

3085 

2433 

1481 

3163 

2539 

1559 

3241 

2202 

1325 

2899 

2325 

1404 

3088 

2434 

1482 

3164 

1   2541 

1560 

3242 

1023 


PARALLEL  REFERENCE  TABLES 

1.  The  Giva  Cod^  {Title  3)— Continued 


Cali- 

Cali- 

Cali- 

Cali- 

Title 3 

47  Stat, 
ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat, 
ch. 128 

fornia 
Civil 
Code 

Title  3 

47  Stat. 
Ch.  128 

fornia 
Civil 
Code 

Title  3 

47  Stat. 
ch.l28 

fornia 
Civil 
Code 

2542 

1561 

3243 

2634 

1603 

3290 

2723 

1647 

3408 

2805 

1689 

3484 

2543 

1562 

3244 

2641 

1604 

3294 

2731 

1648 

3412 

2811 

1690 

3490 

2544 

1563 

3245 

2651 

1605 

3300 

2732 

1649 

3413 

2812 

1691 

3491 

2545 

1564 

3246 

2652 

1606 

3301 

2733 

1650 

3414 

2813 

1692 

3492 

2546 

1565 

3247 

2653 

1607 

3302 

2734 

1651 

3415 

2814 

1693 

3493 

2547 

1566 

3248 

2654 

1609 

3315 

2741 

1652 

3420 

2815 

1694 

3494 

2548 

1567 

3249 

2656 

1610 

3316 

2742 

1653 

3421 

2821 

1696 

3601 

2549 

1568 

3250 

2656 

1611 

3317 

2751 

1664 

3429 

2831 

1697 

3609 

2550 

1569 

3261 

2657 

1612 

3318 

2752 

1655 

3430 

2832 

1698 

3510 

2561 

1570 

3252 

2658 

1613 

3319 

2753 

1656 

3431 

2833 

1699 

3511 

2562 

1571 

3263 

2659 

1614 

3320 

2764 

1657 

3432 

2834 

1700 

3512 

2563 

1572 

3254 

2661 

1615 

3333 

2756 

1668 

3433 

2835 

1701 

3513 

2564 

1573 

3255 

2662 

1616 

3336 

2761 

1659 

3439 

2836 

1702 

3514 

2565 

1574 

3256 

2663 

1617 

3337 

2762 

1660 

3440 

2837 

1703 

3515 

256^5 

1575 

3257 

2664 

1618 

3338 

2763 

1661 

3441 

2838 

1704 

3516 

2507 

1676 

3258 

2665 

1619 

3339 

2771 

1662 

3449 

2839 

1705 

3617 

2571 

1577 

3259 

2666 

1620 

3340 

2772 

1633 

3449 

2840 

1706 

3518 

2572 

1678 

3260 

2671 

1622 

3366 

2773 

1664 

3449 

2841 

1707 

3519 

2573 

1579 

3261 

2672 

1623 

3356 

2774 

1665 

3449 

2842 

1708 

3520 

2574 

1580 

3262 

2673 

1624 

3357 

2776 

1666 

3449 

2843 

1709 

3521 

2575 

1581 

3263 

2674 

1625 

3358 

2776 

1667 

3450 

2844 

1710 

3522 

2576 

1582 

3264 

2675 

1626 

3359 

2777 

1668 

3451 

2845 

1711 

3523 

2581 

1583 

3265 

2676 

1627 

3360 

2778 

1669 

3452 

2846 

1712 

3524 

2582 

1584 

3265a 

2681 

1628 

3366 

2779 

1670 

3457 

2847 

1713 

3525 

2583 

1585 

3265b 

2682 

1629 

3367 

2780 

1671 

3458 

2848 

1714 

3626 

2584 

1586 

3265c 

2683 

1630 

3368 

2781 

1672 

3459 

2849 

1715 

3527 

2585 

1587 

3265cl 

2684 

1631 

3369 

2782 

1673 

3460 

2850 

1716 

3628 

2586 

1588 

3265e 

2691 

1632 

3379 

2783 

1674 

3461 

2851 

1717 

3629 

2591 

1589 

3266 

2692 

1633 

3380 

2784 

1675 

3462 

2852 

1718 

3530 

2592 

1590 

3266a 

2701 

1634 

3384 

2785 

1676 

3463 

2853 

1719 

3631 

2593 

1591 

3266b 

2702 

1635 

3386 

2786 

1677 

3465 

2854 

1720 

3532 

2594 

1592 

3266c 

2703 

1636 

3388 

2787 

1678 

3467 

2855 

1721 

3533 

2595 

1593 

3266d 

2704 

1637 

3389 

2788 

1679 

3468 

2856 

1722 

3534 

2601 

1594 

3268 

2705 

1638 

3390 

2789 

1680 

3469 

2867 

1723 

3535 

2611 

1595 

3274 

2706 

1C39 

3391 

2790 

1681 

3470 

2858 

1724 

3536 

2612 

1596 

3275 

2707 

1640 

3392 

2791 

1682 

3471 

2859 

1725 

3537 

2621 

1597 

3281 

2711 

1641 

3399 

2792 

1683 

3472 

2860 

1726 

3538 

2622 

1598 

3282 

2712 

1642 

3400 

2793 

1684 

3473 

2861 

1727 

3539 

2623 

1599 

3283 

2713 

1643 

3401 

2801 

1685 

3479 

2862 

1728 

3540 

2631 

1600 

3287 

2714 

1644 

3402 

2802 

1686 

3480 

2863 

1729 

3641 

2632 

1601 

3288 

2721 

1045 

3406 

2803 

1687 

3481 

2864 

1730 

3542 

2633 

1602 

3289 

2722 

1646 

3407 

2804 

1688 

3482 

2865 

1731 

3543 

2.  THE  CODE  OF  CIVIL  PROCEDURE  (TITLE  4) 

This  table  shows  where  the  sections  of  title  4,  the  Code  of  Civil  Procedure,  are 
to  be  found  in  act  of  February  27,  1933  (ch.  127,  47  Stat.  90S),  and  in  the  Code  of 
Civil  Procedure  of  California. 


Cali- 

Cali- 

Cali- 

Cali- 

Title 4 

47  Stat, 
ch.  127 

1 

fornia 
Civil 

Proce- 
dure 

Title  4 

47  Stat. 
ch.  127 

fornia 
Civil 
Proce- 
dure 

Title  4 

47  Stat, 
ch.  127 

fornia 
Civil 

Proce- 
dure 

Title  4 

47  Stat. 
ch.  127 

fornia 
Civil 

Proce- 
dure 

1 

1 

17 

17 

30 

35 

33 

187 

55 

49 

291 

2 

2 

2 

18 

18 

32 

36 

34 

273 

56 

60 

292 

3 

3 

3 

21 

19 

124 

41 

35 

57 

51 

293 

4 

4 

4 

22 

20 

125 

42 

36 

68 

52 

294 

5 

6 

23 

21 

128 

43 

37 

59 

53 

295 

6 

6 

12 

24 

22 

147 

44 

38 

60 

54 

296 

7 

7 

16 

25 

23 

153 

45 

39 

61 

55 

297 

8 

8 

17 

26 

24 

46 

40 

62 

56 

293 

9 

9 

21 

27 

25 

166 

47 

41 

282 

63 

57 

299 

10 

10 

22 

28 

26 

170 

48 

42 

283 

64 

68 

300 

11 

11 

23 

29 

27 

172 

49 

43 

284 

65 

59 

12 

12 

25 

30 

28 

176 

50 

44 

285 

71 

00 

307 

13 

13 

28 

31 

29 

177 

51 

45 

2S6 

72 

61 

308 

14 

14 

27 

32 

30 

178 

52 

46 

287 

73 

62 

309 

15 

15 

28 

33 

31 

179 

53 

47 

289 

81 

63 

312 

16 

16 

29 

34 

32 

185 

54 

48 

290 

82 

64 

335 

1024 


PARALLEL  REFERENCE  TABLES 
2.  The  Code  of  Civil  Procedure  {Title  4) — Continued 


' 

Cali- 

Cali- 

Cali- 

Cali- 

Title 4 

47  Stat. 
Ch.  127 

fornia 
Civil 

Proce- 
dure 

Title  4 

47  Stat, 
ch.  127 

fornia 
Civil 
Proce- 
dure 

Title  4 

47  Stat. 
ch.  127 

fornia 
Civil 

Proce- 
dure 

Title  4 

47  Stat, 
ch.  127 

fornia 
Civil 

Proco- 
dure 

83 

65 

336 

222 

141 

437a 

344 

217 

528 

469 

293 

6J0 

84 

66 

337 

223 

142 

438 

345 

218 

529 

470 

294 

616 

85 

67 

338 

224 

143 

439 

346 

219 

532 

471 

295 

617 

86 

G8 

339 

225 

144 

440 

351 

220 

537 

472 

296 

618 

87 

69 

340 

226 

145 

441 

352 

221 

538 

473 

297 

619 

88 

70 

343 

227 

146 

442 

353 

222 

539 

481 

298 

624 

89 

71 

344 

228 

147 

354 

223 

540 

482 

299 

625 

90 

72 

348 

231 

148 

"""'443" 

355 

224 

541 

483 

300 

626 

101 

73 

350 

232 

149 

444 

356 

225 

542 

484 

301 

627 

102 

74 

351 

241 

150 

446 

357 

226 

542a 

485 

302 

628 

103 

75 

352 

242 

151 

447 

358 

227 

543 

480 

303 

629 

104 

76 

353 

243 

152 

448 

359 

228 

544 

501 

304 

632 

105 

77 

354 

244 

153 

449 

360 

229 

545 

502 

305 

633 

106 

7S 

355 

251 

154 

452 

361 

230 

546 

503 

306 

634 

107 

79 

356 

252 

155 

453 

362 

231 

547 

504 

307 

636 

108 

80 

357 

253 

156 

454 

363 

232 

548 

511 

308 

63S 

109 

81 

358 

254 

157 

455 

364 

233 

549 

512 

309 

639 

110 

82 

360 

255 

158 

456 

365 

234 

550 

513 

310 

641 

111 

83 

361 

256 

159 

457 

366 

235 

551 

514 

311 

642 

112 

84 

362 

257 

160 

458 

367 

236 

552 

515 

312 

643 

113 

85 

363 

258 

161 

460 

368 

237 

553 

516 

313 

644 

121 

86 

259 

162 

461 

369 

238 

554 

517 

314 

645 

122 

87 

""""367' 

260 

163 

462 

370 

239 

555 

521 

315 

646 

123 

88 

368 

261 

164 

463 

371 

240 

556 

522 

316 

647 

124 

89 

369 

262 

165 

464 

372 

241 

557 

523 

317 

648 

125 

90 

370 

263 

166 

465 

373 

242 

558 

524 

318 

649 

126 

91 

371 

271 

167 

469 

374 

243 

559 

525 

319 

650 

127 

92 

372 

272 

168 

470 

375 

244 

560 

526 

320 

651 

128 

93 

373 

273 

169 

471 

376 

245 

561 

527 

321 

652 

129 

94 

374 

274 

170 

472 

381 

246 

564 

528 

322 

653 

130 

95 

375 

275 

171 

473 

382 

247 

565 

531 

323 

656 

131 

96 

276 

172 

474 

383 

248 

566 

532 

324 

657 

132 

97 

"""378" 

277 

173 

475 

384 

249 

567 

533 

325 

658 

133 

98 

379 

278 

174 

476 

385 

250 

568 

534 

326 

659 

134 

99 

379a 

291 

175 

478 

385 

251 

569 

535 

327 

660 

135 

100 

379b 

292 

176 

479 

387 

252 

570 

536 

328 

603 

136 

101 

379c 

293 

177 

481 

391 

253 

572 

537 

329 

663a 

137 

102 

380 

294 

178 

482 

392 

254 

574 

541 

330 

664 

138 

103 

382 

295 

179 

483 

393 

255 

542 

331 

665 

139 

104 

383 

296 

180 

484 

394 

256 

543 

332 

666 

.  140 

105 

384 

297 

181 

485 

395 

257 

544 

333 

667 

141 

106 

385 

298 

182 

486 

396 

258 

545 

334 

142 

107 

386 

299 

183 

487 

397 

259 

546 

335 

'""'6(!9' 

143 

108 

387 

300 

184 

488 

398 

260 

547 

336 

070 

144 

109 

388 

301 

185 

489 

411 

261 

""'577' 

548 

337 

145 

110 

389 

302 

186 

490 

412 

262 

578 

549 

338 

""673" 

151 

111 

303 

187 

491 

413 

263 

579 

550 

339 

675 

152 

112 

304 

188 

492 

414 

264 

580 

561 

340 

676 

153 

113 

305 

189 

493 

415 

265 

581 

562 

341 

677 

161 

114 

"""465' 

306 

190 

494 

416 

266 

581a 

563 

342 

677^^ 

162 

115 

406 

307 

191 

495 

417 

267 

582 

564 

343 

678 

163 

116 

407 

308 

192 

496 

418 

268 

583 

565 

344 

6781-^ 

164 

117 

408 

309 

193 

497 

421 

269 

585 

566 

345 

679 

165 

118 

410 

310 

194 

498 

431 

270 

588 

567 

346 

67912 

166 

119 

411 

311 

195 

499 

432 

271 

589 

568 

347 

680 

167 

120 

414 

312 

198 

500 

433 

272 

590 

569 

348 

680  ^i 

168 

121 

412 

313 

197 

501 

434 

273 

591 

581 

349 

681 

169 

122 

314 

198 

502 

435 

274 

582 

350 

681a 

170 

123 

"'""415" 

315 

199 

503 

436 

275 

'""'593" 

583 

351 

682 

171 

124 

416 

316 

200 

504 

437 

276 

594 

584 

352 

083 

181 

125 

321 

201 

609 

438 

277 

595 

585 

353 

684 

182 

126 

322 

202 

510 

439 

278 

596 

580 

354 

685 

183 

127 

323 

203 

511 

441 

279 

587 

355 

686 

191 

128 

'""'420" 

324 

204 

512 

442 

2S0 

588 

356 

688 

192 

129 

421 

325 

205 

513 

451 

281 

'""eoi" 

589 

357 

689 

193 

130 

422 

326 

206 

514 

452 

282 

602 

590 

358 

090 

201 

131 

425 

327 

207 

515 

453 

283 

603 

591 

359 

091 

202 

132 

426 

328 

208 

516 

454 

284 

604 

592 

360 

692 

203 

133 

426a 

329 

209 

517 

461 

285 

607 

593 

361 

693 

204 

134 

427 

330 

210 

518 

462 

286 

608 

594 

362 

694 

211 

135 

430 

331 

211 

519 

463 

287 

609 

595 

363 

C95 

212 

136 

431 

332 

212 

620 

464 

288 

610 

596 

364 

696 

213 

137 

432 

333 

213 

521 

465 

289 

611 

597 

365 

697 

214 

138 

433 

341 

214 

525 

466 

290 

612 

598 

366 

698 

215 

139 

434 

342 

215 

526 

467 

291 

613 

599 

367 

699 

221 

140 

437 

343 

216 

527 

468 

292 

614 

600 

368 

700 

1025 


PARALLEL  REFERENCE  TABLES 

2.  The  Code  of  Civil  Procedure  {Title  ^) — Continued 


47  Stat. 
ch.  127 


Cali- 
fornia 
Civil 
Proce- 
dure 


369 
370 
371 
372 
373 
374 
375 
376 
377 
378 
379 
380 
381 
382 
383 
384 
385 
386 
387 
388 
389 
390 
391 
392 
393 
394 
395 
396 
397 
398 
399 
400 
401 
402 
403 
404 
405 
406 
407 
408 
409 
410 
411 
412 
413 
414 
415 
416 
417 
418 
419 
420 
421 
422 
423 
424 
425 
426 
427 
428 
429 
430 
431 
432 
433 
434 
435 
436 
437 
438 
439 
440 
441 
442 
443 
444 
445 


700a 

701 

702 

703 

704 

705 

706 

707 

708 

709 

710 

711 
711H 
712 
712H 
713 
713H 
714 
715 
716 
717 
718 
719 
720 
721 
726 
727 
728 
729 
731 
732 
738 
739 
740 
741 
742 
743 
744 
745 
746 
747 
832 
833 
836 
839 
840 
841 
842 
843 
844 
845 
846 
847 
848 
849 
850 
851 
852 
853 
854 
855 
856 
857 
857a 
858 
850 
860 
861 
862 
863 
884 
865 
866 
867 


Title  4 


751 
761 
762 
771 
772 
773 
774 
775 
781 
782 
783 
784 
785 
786 
787 
791 
792 
793 
794 
795 
796 
797 
798 
799 
800 
811 
812 
813 
814 
815 
816 
821 
831 
832 
833 
834 
841 
842 
843 
844 
845 
846 
847 
861 
871 
881 
882 
883 
884 
885 
886 
887 


891 
901 
902 
903 
904 
905 
906 
911 
921 
931 
932 
933 
034 
941 
942 
943 
944 
945 
046 
047 
051 
052 


47  Stat. 
ch.  127 


446 
447 
448 
449 
450 
451 
452 
453 
454 
455 
456 
457 
458 
459 
460 
461 
462 
463 
464 
465 
466 
467 
468 
469 
470 
471 
472 
473 
474 
475 
476 
477 
478 
479 
480 
451 
482 
483 
484 
485 
486 
487 
488 
489 
490 
491 
492 
493 
494 
495 
496 
497 
498 
499 
500 
501 
502 
503 
504 
505 
506 
507 
508 
509 
510 
511 
512 
513 
514 
515 
616 
617 
618 
619 
620 
621 
522 


Cali- 
fornia 
Civil 
Proce- 
dure 


870 

871 

872 

873 

874 

875 

876 

877 

878 

879 

880 

881 

884 

886 

887 

889 

890 

890a 

892 

893 

894 

895 

896 

897 

900a 

901 

901a 

902 

903 

904  I 

905 


911 
912 
913 
914 
919 
920 
921 
922 
923 
926 
925 
937 


974 
975 
976 
977 
978 
978a 
979 
980 
981 
981a 
982 
989 
990 
991 
992 
993 
994 
997 
1000 
1003 
1004 
1005 
1007 
1010 
1011 
1012 
1013 
1014 
1015 
1016 
1046 
1046 


Title  4 


053 
054 
955 
956 
957 
958 
959 
960 
961 
962 
963 
964 
965 
966 
967 
968 
969 
971 
972 
973 
981 
982 
983 
984 
985 


990 
991 
1001 
1002 
1003 
1004 
1005 
1006 
1007 
1008 
1009 
1021 
1022 
1023 
1024 
1025 
1026 
1031 
1032 
1033 
1034 
1035 
1036 
1037 
1038 
1039 
1040 
1041 
1051 
1052 
1053 
1054 
1055 
1056 
1057 
1058 
1059 
1060 
1061 
1071 
1072 
1073 
1074 
1081 
1001 
1101 
1102 


47  Stat, 
ch. 127 


523 

524 

525 

526 

527 

528 

529 

530 

531 

532 

533 

534 

535 

536 

536a 

537 

538 

539 

540 

541 

542 

543 

544 

545 

546 

547 

548 

549 

550 

551 

552 

653 

554 

555 

556 

557 

558 

559 

560 

561 

562 

663 

564 

565 

566 

567 

569 

570 

571 

672 

573 

574 

575 

576 

577 

578 

579 

580 

581 

682 

683 

684 

585 

586 

687 

588 

589 

590 

691 

692 

693 

694 

696 

606 

607 

508 


Cali- 
fornia 
Civil 
Proce- 
dure 


1047 
1048 
1049 
1050 
1051 


1053 
1054 
1055 
1056 
1057 
1057a 


1058 
1059 
1060 
1061 
1062 


1028 


1029 


1067 
1068 
1069 
1070 
1071 
1072 
1073 
1074 
1075 
1076 
1077 
iaS4 
1085 
1086 
1087 
1088 
1089 
1091 
1094 
1095 
1096 
1097 
1102 
1103 
1104 
1105 
1108 
1109 
1132 
1133 


Title  4 


1103 

1104 

1111 

1112 

1113 

1121 

1122 

1123 

1124 

1125 

1126 

1127 

1128 

1129 

1130 

1131 

1132 

1141 

1142 

1143 

1144 

1145 

1146 

1147 

1148 

1149 

1150 

1151 

1152 

1153 

1154 

1155 

1156 

1157 

1158 

1161 

1162 

1163 

1164 

1165 

1166 

1167 

1168 

1169 

1170 

1171 

1172 

1173 

1174 

1181 

1182 

1183 

1184 

1185 

1191 

1192 

1193 

1201 

1202 

1211 

1212 

1213 

1214 

1216 

1216 

1217 

1218 

1219 

1220 

1221 

1222 

1223 

1224 

1231 

1232 

1233 


47  Stat, 
ch.  127 


609 
600 
601 
602 
603 
604 
605 
606 
607 


608 

1147 

609 

1148 

610 

1149 

611 

1150 

612 

1151 

613 

1152 

614 

1153 

615 

1164 

616 

1159 

617 

1160 

618 

1161 

619 

1162 

620 

1164 

621 

1165 

622 

1166 

623 

1167 

624 

1168 

625 

1169 

626 

1170 

627 

1172 

628 

1173 

629 

1174 

630 

1176 

631 

1177 

632 

1178 

633 

1179 

634 

635 

636 

637 

638 

1212 

639 

1213 

640 

1214 

641 

1215 

642 

1216 

643 

1217 

644 

645 

1219 

646 

1220 

647 

1221 

648 

649 

650 

651 

652 

663 

1275 

654 

1276 

655 

1277 

656 

1294 

657 

1295 

658 

1298 

659 

1299 

6G0 

1300 

661 

1301 

662 

1302 

663 

1303 

664 

1304 

666 

1305 

666 

1306 

667 

1307 

668 

1308 

660 

1308a 

670 

1309 

671 

1310 

672 

1312 

673 

1313 

674 

1314 

1026 


PARALLEL  REFERENCE  TABLES 

2.  The  Code  of  Civil  Procedure  {Title  //)— Continued 


Cali- 

Cali- 

Cali- 

Cali- 

Title  4 

47  Stat 
Ch.  127 

fornia 
Civil 
Proce- 

Title 4 

47  Stat 
ch.  127 

fornia 
Civil 
Proce- 

Title 4 

47  Stat 
ch.  127 

fornia 
Civil 
Proce- 

Title 4 

47  Stat 
ch.  127 

fornia 
Civil 
Proce- 

dure 

dure 

dure 

dure 

1234 

675 

1315 

1382 

751 

1412 

1510 

827 

1577a 

1636 

904 

1681 

1235 

676 

1316 

1383 

752 

1413 

1521 

828 

1581 

1R37 

905 

1082 

1236 

677 

1317 

1384 

753 

1414 

1522 

829 

1582 

1638 

906 

1683 

1237 

678 

1318 

1385 

754 

1415 

1523 

830 

1583 

1639 

907 

1684 

1241 

679 

1322 

1386 

755 

1416 

1524 

831 

1584 

1640 

908 

1685 

1242 

680 

1323 

1387 

756 

1417 

1525 

832 

1585 

1641 

909 

1686 

1243 

681 

1324 

1388 

757 

1418 

1526 

833 

1586 

1651 

910 

170;5J 

1251 

682 

1327 

1391 

758 

1423 

1527 

834 

1587 

1661 

911 

1691 

1252 

683 

1328 

1392 

759 

1424 

1528 

835 

1588 

1602 

912 

1692 

1253 

684 

1329 

1393 

760 

1425 

1529 

836 

1589 

1663 

913 

1693 

1254 

685 

1330 

1394 

761 

1426 

1530 

837 

1590 

1664 

914 

1694 

1255 

686 

1331 

1395 

762 

1427 

1531 

838 

1591 

1665 

915 

1695 

1256 

687 

1332 

1396 

763 

1428 

1532 

839 

1660 

916 

1696 

1257 

688 

1333 

1397 

764 

1429 

1533 

840 

'"1592" 

1667 

917 

1697 

1261 

689 

1338 

1401 

765 

1430 

1541 

841 

1597 

1668 

918 

1698 

1262 

690 

1339 

1411 

766 

1436 

1542 

842 

1598 

1671 

919 

1699 

1263 

691 

1340 

1412 

767 

1437 

1543 

843 

1599 

1672 

920 

1700 

1264 

692 

1341 

1413 

768 

1438 

1544 

844 

1600 

1673 

921 

1702 

1271 

693 

1344 

1414 

769 

1439 

1545 

845 

1601 

1674 

922 

1703 

1272 

694 

1345 

1415 

770 

1440 

1546 

846 

1602 

1681 

923 

1704 

1273 

695 

1346 

1431 

771 

1443 

1547 

847 

1603 

1682 

924 

1705 

1281 

696 

1348 

1432 

772 

1444 

1548 

848 

1604 

1683 

925 

1707 

1282 

697 

1349 

1433 

773 

1445 

1549 

849 

1605 

1684 

920 

1708 

1283 

698 

1350 

1434 

774 

1446 

1550 

850 

1606 

1685 

927 

1709 

1284 

699 

1350a 

1435 

775 

1447 

1551 

851 

1607 

1686 

928 

1710 

1285 

700 

1351 

1436 

776 

1448 

1561 

852 

1612 

1687 

929 

1711 

1286 

701 

1352 

1437 

777 

1449 

1562 

853 

1613 

1688 

930 

1713 

1287 

702 

1353 

1438 

778 

1450 

1563 

854 

1614 

1689 

931 

1714 

1288 

703 

1354 

1439 

779 

1451 

1564 

855 

1615 

1690 

932 

1716 

1289 

704 

1355 

1440 

780 

1452 

1565 

856 

1616 

1691 

933 

1717 

1290 

705 

1356 

1441 

781 

1453 

1566 

857 

1617 

1692 

934 

1720 

1301 

706 

1360 

1451 

782 

14.58 

1567 

858 

1618 

1693 

935 

1721 

1302 

707 

1361 

1452 

783 

1459 

1568 

859 

1619 

1694 

936 

1722 

1303 

708 

1362 

1453 

784 

1460 

1571 

860 

1622 

1695 

937 

1724 

1311 

709 

1365 

1454 

785 

1461 

1572 

861 

1626 

1701 

938 

1312 

710 

1366 

1461 

786 

1464 

1573 

862 

1627 

1702 

939 

'"1726' 

1313 

711 

1367 

1462 

787 

1465 

1574 

863 

1628 

1703 

940 

1314 

712 

1368 

1463 

788 

1465a 

1575 

864 

1629 

1704 

941 

""i726a 

1315 

713 

1369 

1464 

789 

1466 

1576 

865 

1630 

1705 

942 

1316 

714 

1370 

1465 

790 

1467 

1577 

866 

1631 

1700 

943 

1321 

715 

1371 

1466 

791 

1468 

1578 

867 

1632 

1707 

944 

"'1727' 

1322 

716 

1372 

1467 

792 

1469 

1579 

868 

1633 

1708 

945 

1728 

1323 

717 

1373 

1468 

793 

1470 

1580 

869 

1634 

1709 

946 

1729 

1324 

718 

1374 

1471 

794 

1490 

1581 

870 

1635 

1710 

947 

1730 

1325 

719 

1375 

1472 

795 

1491 

1582 

871 

1636 

1711 

948 

1731 

1326 

720 

1376 

1473 

796 

1491a 

1583 

872 

1637 

1712 

949 

1732 

1327 

721 

1377 

1474 

797 

1492 

1584 

873 

1638 

1713 

950 

1735 

1328 

722 

1378 

1475 

798 

1493 

1585 

874 

1639 

1714 

951 

1738 

1329 

723 

1379 

1476 

799 

1494 

1591 

875 

1643 

1715 

952 

1330 

724 

1380 

1477 

800 

1496 

1592 

876 

1644 

1716 

953 

""1742' 

1331 

725 

1381 

1478 

801 

1497 

1593 

877 

1645 

1717 

954 

1743 

1341 

726 

1383 

1479 

802 

1498 

1594 

878 

1646 

1721 

955 

1747 

1342 

727 

1384 

1480 

803 

1499 

1595 

879 

1647 

1722 

956 

1748 

1343 

728 

1385 

1481 

804 

1500 

1596 

880 

1648 

1723 

957 

1749 

1344 

729 

1386 

1482 

805 

1501 

1597 

881 

1649 

1724 

958 

1750 

1351 

730 

1387 

1483 

806 

1502 

1598 

882 

1650 

1725 

959 

1751 

1352 

731 
732 
733 
734 
735 
736 
737 
738 
739 
740 
741 
742 

1388 

1484 

807 

1503 

1599 

883 

1651 

1726 

960 

1753 

1353 

1390 

1485 

808 

1504 

1600 

884 

1652 

1727 

961 

1754 

1354 

1391 
1392 
1393 
1394 
1395 
1396 
1397 
1398 
1399 
1400 

1486 

809 

1505 

1601 

885 

1653 

1728 

962 

1755 

1355 

1487 

810 

1507 

1611 

886 

1658 

1729 

963 

1756 

1356 

1488 

811 

1508 

1612 

887 

1659 

1730 

964 

1757 

1357 

1489 

812 

1509 

1613 

888 

1660 

1731 

965 

1758 

1358 

1490 

813 

1510 

1614 

889 

1661 

1732 

966 

1759 

1359 

1491 

814 

1511 

1615 

890 

1662 

1733 

967 

1760 

1360 

1492 

815 

1512 

1616 

891 

1603 

1734 

968 

1761 

1361 

1493 

816 

1513 

1621 

892 

1604 

1741 

969 

1763 

1362 

1494 

817 

1514 

1622 

893 

1665 

1742 

970 

1764 

1363 

1501 

818 

1516 

1623 

894 

1666 

1743 

971 

1764a 

1364 
1365 
1366 
1367 
1368 
1369 
1370 
1381 

1502 

819 

1517 

1624 

895 

1667 

1744 

972 

1765 

743 

1401 

1503 

820 

1522 

1625 

896 

1668 

1745 

973 

1766 

744 

1402 

1504 

821 

1523 

1626 

897 

1670 

1746 

974 

1767 

745 

1403 

1505 

822 

1524 

1627 

898 

1671 

1747 

975  - 

748 

1404  (/ 

1506 

823 

1525 

1631 

899 

1675 

1751 

976 

747 

1405 

1507 

824 

1526 

1632 

900 

1676 

1752 

977 

748 
749 

1406  II 
}1?I  II 

1508 

825 

/1528 
11578 

1633 
1634 

901 
902 

1678 
1679 

1753 
17.54 

978  _ 
979 

750 

1411  II 

1509 

828 

1536  ! 

16:^5 

903 

16S0  ll 

1755 

980  L 

1027 


PARALLEL  REFERENCE  TABLES 
2.  The  Code  of  Civil  Procedure  {Title  4) — Continued 


Cali- 

Cali- 

Cali- 

1 

Cali- 

Title 4  ^ 

7  Stat, 
ch.  127 

fornia 
Civil 
Proce- 

Title 4  ^'^^i^^- 
^  "'®  ^  ch.  127 

fornia 
Civil 
Proce- 

Title 4  ^ 

7  Stat. 
ch.  127 

fornia 
Civil 
Proce- 

Titlp4 47  Stat. 
^"'^^  ch.  127 

fornia 
Civil 
Proce- 

dure 

dure 

dure 

dure 

1756 

981  . 

1862 

1044 

1845 

1949 

1110 

1923 

2075 

1176 

2013 

1757 

982  . 

1863 

1045 

1846 

1950 

nil 

1924 

2076 

1177 

2014 

1758 

983  . 

1864 

1046 

1847 

1951 

1112 

1926 

2077 

1178 

2015 

1759 

984  . 

1865 

1047 

1848 

1952 

1113 

1928 

2081 

1179 

2019 

1760 

985  . 

1866 

1018 

1849 

1961 

1114 

1929 

2082 

1180 

2020 

1761 

986 

1867 

1049 

1850 

1962 

1115 

1930 

2083 

1181 

2021 

1762 

986i 

186S 

1050 

1851 

19G3 

1116 

1931 

2084 

1182 

2022 

1763 

1869 
1870 

1051 
1052 

1852 
1853 

1964 
1965 

1117 
1118 

1932 
1933 

2085 
2091 

1183 
1184 

2023 

1771 

""'987" 

'"1768" 

2024 

1772 

988 

1769 

1871 

1053 

1854 

1966 

1119 

1934 

2092 

1185 

2025 

1773 

989 

1770 

1872 

1054 

1855 

1967 

1120 

1935 

2093 

1186 

2025  H 

1774 

990 

1771a 

1873 

1055 

1855a 

1968 

1121 

1936 

2094 

1187 

2026 

1775 

991 

1771 

1874 

1056 

1856 

1969 

1122 

1937 

2095 

1188 

2027 

1776 

992 

1772 

1875 

1057 

1857 

1970 

1123 

1938 

2096 

1189 

2028 

1777 

993 

1773 

1876 

1058 

1858 

1971 

1124 

1939 

2097 

1190 

2029 

1778 

994 

1774 

1877 

1059 

1859 

1972 

1125 

1940 

2101 

1191 

2031 

1779 

995 

1775 

1878 

1060 

1860 

1973 

1125 

1941 

2102 

1192 

2032 

1780 

996 

1776 

1879 

1061 

1861 

1974 

1127 

1942 

2103 

1193 

2035 

1791 

997 

1777 

1880 

1062 

1862 

1975 

1128 

1943 

2104 

1194 

2036 

1792 

998 

1779 

1881 

1063 

1863 

1976 

1129 

1944 

2105 

1195 

2036a 

1793 

999 

1780 

1882 

1064 

1864 

1977 

1130 

1945 

2106 

1196 

2037 

1794 

1000 

1789 

1883 

1065 

1865 

1978 

1131 

1946 

2107 

1197 

2038 

1795 

1001 

1789a 

1884 

1066 

1866 

1979 

1132 

1947 

2111 

1198 

2042 

1796 

1002 

1792 

1885 

1067 

1867 

1980 

1133 

1948 

2112 

1199 

2043 

1801 

1003 

1793 

1886 

1068 

1868 

1981 

1134 

1950 

2113 

1200 

2044 

1802 

1004 

1794 

1887 

1069 

1869 

19S2 

1135 

1951 

2114 

1201 

2045 

1803 

1005 

1795 

1888 

1070 

1870 

1991 

1136 

1954 

2115 

1202 

2046 

1804 

1006 

1796 

1891 

1071 

1875 

2001 

1137 

1957 

2116 

1203 

2047 

1805 

1007 

1797 

1901 

1072 

1878 

2002 

1138 

1958 

2117 

1204 

2048 

1806 

1008 

1798 

1902 

1073 

1879 

2003 

1139 

1959 

2118 

1205 

2049 

1807 

1009 

1799 

1903 

1074 

1880 

2004 

1140 

1960 

2119 

1206 

2050 

1811 

1010 

1800 

1904 

1075 

1881 

2005 

1141 

1961 

2120 

1207 

2051 

1812 

1011 

1801 

1905 

1076 

1883 

2006 

1142 

1962 

2121 

1208 

2052 

1813 

1012 

1802 

1906 

1077 

1884 

2007 

1143 

1963 

2122 

1209 

2053 

1814 

1013 

1803 

1911 

1078 

1887 

2011 

1144 

1967 

2123 

1210 

2054 

1815 

1014 

1804 

1912 

1079 

1888 

2012 

1145 

1968 

2124 

1211 

2055 

1816 

1015 

1805 

1913 

1080 

1889 

2013 

1146 

1969 

2131 

1212 

2061 

1817 

1016 

1806 

1921 

1082 

1893 

2014 

1147 

1970 

2141 

1213 

2064 

1818 

1017 

1807 

1922 

1083 

1894 

2015 

1148 

1971 

2142 

1214 

2065 

1819 

1018 

1808 

1923 

1084 

1896 

2016 

1149 

1972 

2143 

1215 

2066 

1820 

1019 

1809 

1924 

1085 

1898 

2017 

1150 

1973 

2144 

1216 

2067 

1821 

1020 

1810 

1925 

1086 

1899 

2018 

1151 

1974 

2145 

1217 

2068 

1822 

1021 

1810a 

1926 

1087 

1900 

2021 

1152 

1978 

2146 

1218 

2069 

1823 

1022 

1810b 

1927 

1088 

1901 

2031 

1153 

1981 

2147 

1219 

2070 

1824 

1023 

1810e 

1928 

1089 

1902 

2032 

1154 

1982 

2151 

1220 

2074 

1831 

1024 

1822 

1929 

1090 

1903 

2041 

1155 

1985 

2152 

1221 

2075 

1832 

1025 

1822a 

1930 

1091 

1904 

2042 

1156 

1986 

2153 

1222 

2076 

1833 

1026 

1822b 

1931 

1092 

1905 

2013 

1157 

1987 

2154 

1223 

2078 

1841 

1027 

1823 

1932 

1093 

1906 

2044 

1158 

1988 

2155 

1224 

1842 

1028 

1824 

1933 

1094 

1907 

2045 

1159 

1990 

2161 

1225 

"""2083" 

1843 

1029 

1825 

1934 

1095 

1908 

2046 

1160 

1991 

2162 

1226 

2084 

1844 

1030 

1826 

1935 

1096 

1909 

2047 

1101 

1992 

2163 

1227 

2085 

1845 

1031 

1827 

1936 

1097 

1910 

2048 

1162 

1993 

2164 

1228 

2086 

1846 

1032 

1828 

1937 

1098 

1911 

2049 

1163 

1994 

2165 

1229 

2087 

1847 

1033 

1829 

1938 

1099 

1912 

2050 

1164 

1995 

2166 

1230 

2088 

1848 

1034 

1830 

1939 

1100 

1913 

2051 

1165 

1996 

2167 

1231 

2089 

1849 

1035 

1831 

1940 

1101 

1914 

2061 

1167 

2002 

2171 

1232 

2093 

1850 

1036 

1832 

1941 

1102 

1915 

2062 

1168 

2003 

2172 

1233 

2094 

1851 

1037 

1833 

1942 

1103 

1916 

2063 

1169 

2004 

2173 

1234 

2095 

1852 

1038 

1834 

1943 

1104 

1917 

2064 

1170 

2005 

2174 

1235 

2096 

1853 

1039 

1836 

1944 

1105 

1918 

2065 

1171 

2006 

2175 

1236 

2097 

1854 

1040 

1837 

1945 

1106 

1919 

2071 

1172 

2009 

2181 

1237 

2101 

1855 

1041 

1838 

1946 

1107 

1920 

2072 

1173 

2010 

2182 

1238 

2102 

1856 

1042 

1839 

1947 

1108 

1921 

2073 

1174 

2011 

2183 

1239 

2103 

1861 

1043 

1844 

1948 

1109 

1922 

2074 

1175 

2012 

1028 


PARALLEL  REFERENCE  TABLES 

3.  THE  CRIMINAL  CODE  (TITLE  5) 

This  table  shows  where  the  sections  of  title  5,  the  Criminal  Code,  are  to  be 
found  in  the  original  Criminal  Code  of  the  Canal  Zone  (Act  no.  14  of  the  Isth- 
mian Canal  Commission,  as  amended),  and  in  the  Penal  Code  of  California. 

['  =  Amended  or  added  by,  or  derived  from,  act  of  Congress;  t  =  amended  or  added  by,  or  derived  from, 
Executive  order  promulgated  prior  to  Aug.  24,  1912;  t= derived  from  act  or  ordinance  of  Isthmian  Canal 
Commission  other  than  Criminal  Code  (Act  no.  14);  #=altered  by  the  codification,  1934J 


Old 

Cali- 

Old 

Cali- 

Old 

Cali- 

Old 

Cali- 

Titles 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Code 

Code 

Code 

Code 

Code 

Code 

Code 

Code 

1 

•  1 

1 

134 

•103a 

116 

282 

•162 

208 

443 

t210J 

2 

*2 
3 

3 

4 

135 
141 

•103b 
104 

117 
118 

283 
291 

•163 
184 

209 
211 

t444 
451 

3 

"'"228" 

"'"'311' 

4 

461 

7 

105 

292 

185 

212 

452 

•229 

312 

5 

8 

7 

142 

•104a 

118a 

293 

#186 

213 

453 

•230 

313 

•  461 

143 

109 

125 

294 

•166 

214 

454 

231 

314 

6 

5 

144 

104 

121 

301 

•165 

217 

455 

232 

315 

7 

21 

"9' 

145 

107 

123 

302 

•164 

216 

456 

233 

316 

8 

22 

677 

14S 

106 

122 

303 

•166 

218 

457 

•235 

318 

9 

19 

10 

147 

108 

124 

311 

•169 

220 

^♦461 

330 

10 

9 

678 

148 

•110 

126 

312 

170 

221 

t*462 

330a 

11 

7 

11 

149 

111 

127 

313 

171 

222 

r463 

330a 

21 

10 

11 

13 

•  14 

•15 

•16 

39 

36 

15 
20 
16 
17 
18 
19 
654 
662 

161 
162 
163 
164 
165 
166 
167 
171 

112 

♦113 

114 

•116 

•116 

117 

118 

134 

132 
133 
134 
135 
136 
137 
138 
170 

321 
322 
323 
324 
325 
326 
331 
332 

172 
173 
174 
175 
176 
177 
187 
•188 

225 
226 
229 
230 
231 
232 
236 
237 

t*471 
1472 
f473 
f474 
t^475 
t*476 
f477 
481 

22 

23 

24 

25 

26 

27 

28 

224' 

290' 

29 

40 

657 

172 

119 

142 

341 

178 

240 

482 

225 

291 

30 

43 

660 

173 

121 

146 

342 

tl79 

241 

483 

226 

296 

31 

17 

177 

174 

120 

145 

343 

180 

242 

484 

•227 

297 

41 

45 

664 

175 

#125 

150 

344 

tl81 

243 

501 

256 

378 

42 

•44 

663 

176 

•124 

149 

345 

•182 

244 

502 

272 

401 

43 

46 

665 

177 

•122 

147 

346 

183 

245 

503 

267 

394 

51 

31 

30 

178 

•123 

148 

351 

189 

248 

504 

271 

400 

52 

32 

31 

179 

•137 

102 

352 

•190 

249 

505 

253 

373 

53 

33 

32 

180 

145 

419 

353 

191 

250 

506 

•255 

375 

54 

18 

33 

181 

126 

153 

354 

•192 

251 

507 

254 

374 

55 

42 

659 

182 

•133 

168 

355 

193 

252 

511 

•250a 

367c 

56 

•34 

27 

183 

•132 

167 

356 

194 

253 

512 

•250b 

367d 

57 

35 

26 

184 

•135 

173 

357 

200 

513 

•250c 

367e 

58 

*37 

22 

191 

•142 

362 

358 

195 

""254' 

521 

247 

349 

71 

50 

667 

192 

•143 

363 

359 

196 

255 

522 

249 

348 

72 

51 

666 

193 

•144 

364 

360 

197 

256 

523 

•248 

368 

73 

52 

668 

201 

138 

106 

361 

•198 

257 

524 

•250 

369 

74 

53 

644 

202 

139 

108 

362 

•198 

257 

525 

265 

390 

75 

54 

203 

140 

109 

363 

#199 

258 

526 

266 

391 

76 

55 

204 

141 

110 

371 

377 

650 

531 

263 

386 

81 

56 

""182" 

205 

•141a 

109a 

372 

•167 

346 

532 

264 

387 

82 

57 

184 

206 

•#136 

101 

373 

•168 

347 

541 

257 

380 

91 

*74a 

211 

•131 

374 

•244 

361 

542 

259 

382 

92 

#76 

67' 

212 

•131a 

375 

246 

365 

543 

275 

402a 

93 

#77 
*79 
*  83 

68 
70 
74 

221 
222 

♦131b 
•145a 
•145b 

160 
161 

•391 
•392 
401 

544 
551 
552 

260 
251 
252 

383 

94 

370 

95 

"'"#25i' 

26i' 

372 

96 

82 

73 

223 

•145c 

164 

402 

202 

262 

561 

•270 

399 

97 

*80 

71 

231 

128 

155 

403 

203 

263 

562 

•270a 

98 

87 

232 

•127 

154 

404 

•204 

264 

563 

278 

99 

86 

233 

129 

156 

405 

•205 

265 

564 

273 

402" 

100 

75 

65" 

234 

130 

157 

406 

206 

266 

565 

274 

402b 

101 

84 

75 

251 

146 

187 

407 

207 

268 

566 

•276 

102 

81 

72 

252 

147 

188 

408 

208 

269 

567 

277 

103 

•85 

76 

253 

•148 

189 

411 

216 

281 

571 

261 

""'384' 

104 

78 

69 

254 

tl49 

190 

•218 

572 

262 

385 

111 

•43a 
*94 
•95 

92" 
93 

•255 
256 
257 

412 
413 
414 

217 
219 
•220 

282 
284 
285 

•591 
•592 
593 

121 

""'156' 
#151 

192' 
193 

122 

'"'"280" 

"""§02' 

123 

•96 

94 

258 

152 

194 

415 

223 

286 

594 

281 

404 

124 

97 

94 

259 

154 

195 

416 

•223a 

288 

595 

•282 

405 

125 

97 

94 

260 

155 

196 

421 

♦211 

274 

596 

♦283 

406 

126 

*9S 

95 

261 

156 

197 

422 

•212 

275 

597 

284 

407 

127 

•99 

96 

262 

157 

198 

423 

213 

317 

598 

•285 

408 

128 

100 

97 

263 

158 

199 

431 

214 

599 

•286 

409 

131 

#101 

113 

271 

159 

203 

215 

600 

287 

410 

132 

•102 

114 

272 

160 

204 

441 

t209 

601 

291 

416 

133 

103 

115 

281 

#161 

207 

442 

210 

""272" 

C02 

290 

415 

1029 


PARALLEL  REFERENCE  TABLES 

3.  The  Crimbml  Code  {Title  5) — Continued 

[•  =  Amended  or  added  by,  or  derived  from,  act  of  Congress;  t  =  amended  or  added  by,  or  derived  from, 
Executive  order  promulgated  prior  to  Aug.  24,  1912;  t= derived  from  act  or  ordinance  of  Isthmian  Canal 
Commission  other  than  Criminal  Code  (Act  no.  14);  #=altered  by  the  codification,  1934] 


Old 

Cali- 

Old 

Cali- 

Old 

Cali- 

Old 

Cali- 

Titles 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Title  5 

Crim- 
inal 

fornia 
Penal 

Code 

Code 

Code 

Code 

Code 

Code 

Code 

Code 

603 

t*#293a 

691 

379 

529 

751 

409 

572 

808 

439 

618 

604 

292 

417 

692 

378 

528 

752 

396 

557 

809 

422 

596 

605 

293 

418 

693 

380 

530 

753 

#397 

558 

810 

t423 

597 

606 

*288 

412 

694 

381 

531 

754 

398 

559 

tsii 

607 

*289 

413 

695 

382 

532 

755 

399 

560 

♦821 

t*608 

696 
697 
698 

•383 
•389a 
384 

533 
538 
534 

756 
757 
758 

400 
•401 
402 

562 
563 
564 

822 
823 
824 

417 
#315 
♦420a 

607 

1609 

600 

621 

•297 

426 

588a 

622 

•294 

424 

699 

385 

535 

759 

403 

565 

825 

418 

590 

623 

•295 

700 

•386 

536 

760 

404 

566 

826 

416 

587 

624 

296 

425 

701 

387 

537 

761 

405 

568 

t827 

625 

•298 

427 

702 

388 

538 

762 

406 

569 

t#828 

626 

303 

431 

703 

268 

395 

763 

407 

570 

1829 

627 

304 

432 

704 

•243 

764 

408 

571 

t#830 

641 

•306 

447 

705 

•390 

548 

771 

340 

484 

831 

419 

591 

642 

307-310 

448-451 

706 

389 

538a 

772 

341 

486 

832 

429 

605 

643 

312 

453 

711 

391 

552 

773 

f342 

487 

833 

♦436 

615 

313 

712 

392 

553 

t344 

489 

834 

♦440 

622 

644 

#314 

455 

713 

393 

554 

774 

•343 

488 

835 

441 

624 

651 
652 

316 
317 

714 

394 

555 

490 

t#836 

460 

715 

395 

555 

775 

347 

492 

837 

420 

592 

653 

319 

463 

716 

•258 

381 

776 

348 

493 

838 

•431 

607 

654 

#318 

461 

721 

321 

470 

777 

349 

494 

839 

#432 

610 

655 

320 

466 

722 

322 

471 

778 

350 

495 

840 

433 

611 

661 

358 

503 

723 

323 

472 

779 

356 

502i 

841 

430 

606 

662 

•359 

504 

724 

•324 

473 

780 

346 

485 

842 

437 

616 

663 
664 
665 
666 

361 

506 

725 

•325 

474 

781 

•355 

500 

t#843 

360 

505 

726 

•326 

475 

782 

353 

498 

t844 

362 

507 

727 

•327 

476 

499a 

t845 

363 

508 

728 

*327a 

476a 

783 

f   3541 
1   357/ 

t846 

667 

364 

510 

729 

328 

477 

851 

442 

638 

•368 

730 

•329 

478 

784 

•354a 

499b 

852 

443 

639 

668 

365 

511 

731 

•330 

479 

785 

*354b 

499c 

853 

•444 

640 

669 

•366 

512 

732 

332 

786 

351 

496 

854 

•445 

641 

670 

•3G7 

513 

733 

333 

t#787 

855 

446 

619 

671 

•368 

514 

734 

334 

788 

•352 

497 

856 

447 

620 

681 

369 

518 

735 

335 

789 

#242 

357 

857 

448 

621 

682 

370 

519 

736 

•336 

801 

421 

594 

•871 

683 

371 
372 
373 
374 
375 

520 
521 
522 
623 
524 

737 
738 
739 
740 
741 

331 
337 
338 
•339 
*339a 

480 

482 

802 
803 
804 
805 
806 

•426 
#315 
427 
428 
425 

602 
600 
602h 
602h 
601 

•872 
•873 
•874 
•875 
♦876 

684 

685 

686 

687 

688 

376 

525 

742 

•245 

807 

•438 

617 

•877 

1030 


PARALLEL  REFERENCE  TABLES 

4.  THE  CODE  OF  CRIMINAL  PROCEDURE  (TITLE  6) 

This  table  shows  where  the  sections  of  title  6,  the  Code  of  Criminal  Procedure, 
are  to  be  found  in  the  original  Code  of  Criminal  Procedure  (Act  No.  15  of  the 
Isthmian  Canal  Commission,  as  amended),  and  in  the  Penal  Code  of  California. 

|'  =  Amended  or  added  by,  or  derived  from,  Act  of  Congress;  t=»amended  by  Executive  order;  t=derived 
from  section  of  original  Criminal  Coda  sliown  in  parentheses;  #  =  derived  from  act  Isthmian  Canal 
Commission  other  than  Code  of  Criminal  Procedure  (Act  No.  15);  V=Code  of  Civil  Procedure  of 
California] 


Title  6 

Old 
Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

Titles 

Old 

Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

Title  6 

Old 
Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

1 

1 

114 

53 

230 

136 

989 

•2 

........ 

115 

•14 

231 

137 

990 

3 

777 

121 

49 

"'""i433 

232 

137 

990 

4 

4 

683 

122 

•23 

144 

1002 

5 

5 

684 

123 

43 

145 

1003 

G 

58 

124 

•24 

241 

•138 

995 

7 

10 

685 

125 

•24 

242 

139 

996 

8 

6 

687 

126 

•25 

243 

•140 

997 

t9 

(39) 

654 

127 

•50 

244 

141 

998 

10 

7 

688 

•131 

245 

142 

999 

11 

7 

688 

132 

""•44" 

251 

143 

12 

*40 

825 

133 

•44 

252 

146 

""1664' 

13 

*8 

777 

134 

•97 

253 

147 

1005 

14 

•11 

686 

135 

•97 

254 

148 

1006 

15 

*2 

689 

141 

•41 

255 

149 

1007 

16 

*3a 

142 

•33 

256 

•150 

1008 

17 

101 

143 

34 

877 

257 

•150 

1008 

t31 

(47) 

693 

144 

35 

878 

258 

151 

1009 

t32 

(48) 

694 

145 

36 

879 

259 

153 

1011 

t33 

(•49) 

146 

37 

881 

260 

154 

1012 

141 

(-58) 

701 

147 

38 

882 

271 

155 

1016 

t42 

(•59) 

702 

148 

•59 

272 

156 

1017 

t43 

(•60) 

703 

149 

•59 

273 

157 

1018 

144 

(61) 

704 

150 

•60 

274 

158 

1019 

145 

(62) 

705 

161 

61 

948 

275 

159 

1020 

146 

(63) 

706 

162 

374 

1404 

276 

160 

1021 

147 

(64) 

707 

171 

•62, 63 

277 

161 

1022 

148 

(65) 

708 

172 

•3 

278 

162 

1023 

149 

(66) 

709 

173 

•92 

279 

163 

1024 

150 

(67) 

710 

174 

•94 

280 

•163a 

1025 

151 

(68) 

711 

175 

•64 

291 

164 

1033 

152 

(69) 

712 

176 

•93 

292 

165 

1034 

153 

(70) 

714 

177 

96 

293 

166, 

1035 

161 

(71) 

799 

181 

♦3,66 

167 

162 

(72) 

800 

182 

•67 

951 

294 

•169a 

1036 

163 

(73) 

801 

183 

•70 

952 

295 

168 

1037 

164 

(74) 

802 

184 

76 

296 

167 

71 

•12 

185 

72 

297 

169 

"'1038' 

72 

•18 

sii 

186 

72 

298 

169 

1038 

73 

•19 

812 

187 

•77 

959 

301 

•J70 

1041 

74 

•20 

813 

188 

75 

957 

302 

»171 

1042 

75 

21 

814 

189 

78 

960 

303 

•209b 

1046 

76 

•21a 

815 

190 

71 

953 

304 

172 

1043 

81 

107 

834 

191 

73 

955 

311 

173 

1047 

82 

108 

835 

192 

74 

956 

312 

174 

1048 

83 

109 

836 

193 

79 

961 

321 

•176 

1049 

84 

•21  b 

817 

194 

81 

963 

322 

176 

1052 

85 

110 

837 

195 

•86a 

969 

331 

•176a 

1055 

86 

111 

838 

196 

80 

962 

332 

•17fib 

1056 

87 

57 

197 

87 

970 

333 

•176c 

1057 

88 

112 

839 

201 

82 

964 

334 

*176d 

1058 

89 

•114a 

202 

83 

965 

335 

•176e 

1059 

90 

•113 

840 

203 

84 

966 

336 

•176f 

1060 

91 

114 

841 

204 

85 

967 

337 

•176g 

1061 

92 

115 

842 

205 

86 

968 

338 

•176h 

1062 

93 

•116 

843 

211 

88 

971 

339 

♦1761 

1063 

94 

117 

844 

212 

89 

972 

340 

•176j 

1064 

95 

118 

845 

221 

124, 

976 

341 

•176k 

1065 

96 

•119 

846 

•125 

342 

•1761 

1066 

97 

•26 

847 

222 

•125 

977 

343 

*176m 

1067 

98 

27 

848 

223 

128 

978 

344 

•176n 

1068 

99 

28 

849 

224 

127 

979 

345 

•1760 

1059 

100 

122 

854 

225 

128 

980 

346 

•17600 

1070 

101 

123 

855 

228 

•129 

981 

347 

•176p 

1071 

111 

•52 

V(128) 

227 

131 

348 

•176q 

1072 

112 

17 

V (124) 

228 

•134 

987 

349 

•176r 

1073 

113 

51 

229 

135 

988 

•176U 

350 
351 
352 
353 
354 
355 
356 
357 
361 
362 
363 
364 
365 
366 
367 
368 
369 
370 
371 
372 
373 

1374 

1375 
376 
377 
378 
379 
380 
381 
382 

1383 
384 
385 

1386 
387 
388 

389 
390 
391 
392 
401 
402 
403 
404 
405 
406 
407 
408 
409 
410 
411 
412 
413 
414 
415 
416 
417 
418 
419 
420 
431 
432 
433 
434 


•176? 

•176t 

•176u 

•176v 

•176w 

•176x 

•176y 

•1767. 

•177 

177 

179 

180 

181 

182 

183 

184 
♦184a 

185 

186 

187 

188 

(12) 

(25) 

193 

191 

189 

195 

192 

196 

194 
(153) 

190 
•184b 

(38) 

197 


*199 

178 

200 

201 
*209b 
*202a 
•209a 

202 
•202b 

204 
•202c 
•202d 
*202e 
•202f 
♦2022 

205 
•206 
♦207 
•208 
•202h 
•202i 
•202] 
•202k 

209 
•210 
•210 
•210 
•212 


Cali- 
fornia 
Penal 
Code 


1074 

1075 

1076 

1077 

1078 

1081 

1082 

1083 

1093 

867 

1096 

1097 

1098 

1099 

1100 

1101 

1102 

(>'2045) 

(l'2049) 

(►/2051) 

(/2052) 

21 

8 

1108 

1106 

1104 

1110 

1107 

1131 

1109 


1105 

n03a 

14 

nil 

998' 
1113 
1119 
1095 
1129 


1147 


1148 
1150 
1151 
1152 
1153 
1154 
1155 
1156 
1157 
1158 
1159 
1160 
1161 
1162 
1163 
1164 
1165 
(|/646) 
(1/646) 


(►^647) 


1031 


PARALLEL  REFERENCE  TABLES 

4.  The  Code  of  Criminal  Procedure  (Title  6) — Continued 

'=Amended  or  added  by,  or  derived  from,  Act  of  Congress;  t=amended  by  Executive  order;  t  =  derived 
from  section  of  original  Criminal  Code  shown  in  parentheses;  #  =  derived  from  act  Isthmian  Canal 
Commission  other  than  Code  of  Criminal  Procedure  (Act  No.  15);  V=Code  of  Civil  Procedure  ol 
California] 


Title  6 

Old 
Crimi- 
nal 
Proce- 
dure 

CaU- 
fornia 
Penal 
Code 

Title  6 

Old 
Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

Title  6 

Old 

Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

Title  6 

Old 
Crimi- 
nal 
Proce- 
dure 

Cali- 
fornia 
Penal 
Code 

441 

*215 

548 

•30 

704 

342 

1352 

780 

433 

1382 

442 

*215a 

549 

31 

705 

343 

1353 

791 

•362 

1383 

443 

*214 

(V650) 

550 

•32 

706 

344 

1354 

792 

363 

1383 

451 

216 

1179 

561 

•22 

707 

345 

1355 

793 

365 

1385 

452 

218 

1181 

562 

•22 

708 

346 

1356 

794 

364 

1384 

453 

•219 

563 

•22 

709 

347 

1357 

795 

♦366 

1387 

454 

*219 

564 

•291a 

710 

348 

1358 

801 

359 

1377 

455 

*219 

571 

292 

1277 

711 

349 

1359 

802 

360 

1378 

456 

217 

1180 

572 

•293 

1278 

712 

350 

1360 

803 

360 

1378 

461 

220 

1185 

573 

•294 

1279 

713 

351 

1361 

804 

361 

1379 

462 

221 

1186 

574 

295 

1280 

714 

352 

1362 

811 

353 

1367 

463 

222 

1187 

575 

296 

1281 

721 

382 

1473 

812 

354 

1368 

464 

223 

1188 

581 

•297 

722 

383 

1474 

813 

355 

1369 

481 

224 

1191 

582 

•302 

1289 

723 

384, 

1475 

814 

356 

1370 

t482 

(23) 

12 

591 

303 

1291 

385 

815 

357 

1371 

t483 

(24) 

13 

592 

•304 

1292 

724 

•413a 

816 

358 

1372 

1484 

(*29) 

13 

601 

•305 

1295 

725 

386 

1477 

821 

375 

1407 

485 

225 

1192 

602 

•305 

1295 

726 

387 

1478 

822 

376 

1408 

486 

226 

1193 

603 

306 

1296 

727 

403 

1495 

823 

377 

1409 

487 

227 

1194 

604 

•307 

1297 

728 

388 

1479 

824 

378 

1410 

488 

228 

1195 

611 

308 

1300 

729 

413 

1505 

825 

♦379 

1411 

489 

229 

1196 

612 

309 

1301 

730 

389 

1480 

826 

380 

1412 

490 

230 

1197 

613 

t310 

1302 

731 

390 

1481 

827 

381 

1413 

491 

231, 

1198 

621 

311 

1305 

732 

391 

1482 

831 

367 

1390 

232 

622 

311 

1305 

733 

392 

1483 

832 

♦368 

1392 

492 

233 

1200 

623 

312 

1306 

734 

393 

1484 

833 

369 

1393 

493 

234 

1202 

624 

314 

735 

402 

1494 

834 

370 

1394 

494 

235 

625 

•313 

1307 

736 

394 

1485 

835 

371 

1395 

495 

236 

631 

•315 

1310 

737 

395 

1486 

836 

372 

1396 

t496 

(41) 

632 

316 

1311 

738 

396 

1487 

837 

373 

1397 

497 

♦237 

1205 

633 

317 

1312 

739 

397 

1488 

841 

♦103 

1047 

498 

239 

634 

318 

1313 

740 

•399 

842 

♦105 

499 

•241 

1207 

635 

319 

1314 

741 

398 

1489 

843 

♦103 

J500 

(*23a) 

636 

•320 

1315 

742 

400 

1492 

851 

434 

1547 

1501 

(*23a) 
•242 

""1213" 

637 
651 

321 
•322 

1316 
1326 

743 
744 

401 
404 

1493 
1496 

•861 
862 

511 

436 

1549 

512 

•243 

1214 

652 

•322 

1326 

745 

405 

1497 

863 

437 

1550 

513 

•244 

1215 

653 

•322 

1326 

746 

406 

1498 

864 

438 

1551 

514 

245 

1216 

654 

•323 

1327 

747 

407 

1499 

865 

439 

1552 

J515 

(*26) 

655 

•90 

1326 

748 

408 

1500 

866 

440 

1553 

1516 

(27) 

669 

656 

324 

1328 

749 

409 

1501 

867 

441 

1554 

t517 

(28) 

670 

657 

•325 

1329 

750 

410 

1502 

868 

442 

1555 

1518 

(28) 

670 

658 

326 

1331 

751 

411 

1503 

869 

443 

1556 

621 

246 

1217 

659 

326 

1331 

752 

412 

1504 

870 

444 

1557 

522 

247 

1218 

660 

327 

1332 

761 

414 

1523 

871 

445 

1558 

523 

249 
250 
251 
252 
253 
254 
255 
256 
257 
258 
259 
285 
286 
287 
288 

1220 
1221 
1222 

""1224" 
1225 
1226 
1227 
1228 
1229 
1230 
1268 
1269 
1270 
1271 

661 
671 
672 
673 
681 
682 
683 
684 
685 
686 
687 
688 
689 
690 
691 

328 

*328a 

•328b 

•328c 

•329 

•330 

•331 

•331 

•332 

•334 

•333 

335 

336 

337 

338 

1333 
1321 
1322 
1323 
1335 
1336 
1337 
1338 
1339 
1341 
1340 
1342 
1343 
1344 
1345 

762 
763 
764 
765 
766 
767 
768 
769 
770 
771 
772 
773 
774 
775 
776 

415 
416 
417 
418 
419 
420 
421 
422 
423 
424 
425 
426 
•427 
428 
429 

1524 
1525 
1526 
1527 
1528 
1529 
1530 
1531 
1532 
1533 
1534 
1535 
1536 
1537 
1538 

♦881 
•882 
•883 
•884 
♦885 
•886 
♦887 
•88S 
♦889 
•890 
♦891 
•892 
#901 
#902 
J  903 

524 

525 

526 

627 

528 

629 

530 

531 

532 

533 

541 

542 

543 

544 

(30) 

676 

545 

•289 

1272 

701 

339 

1349 

777 

430 

1539 

004 

♦447 

546 

•290 

1273  k 

702 

340 

1350 

778 

431 

1540 

905 

446 

1567 

547 

291 

1274  1 

703 

341 

1351 

779 

432 

1542 

1032 


PARALLEL  REFERENCE  TABLES 
5.  UNITED  STATES  CODE  TO  CANAL  ZONE  CODE 

This  table  shows  the  disposition  of  such  sections  of  the  United  States  Code  as 
have  been  incorporated  in  the  text  of  the  Canal  Zone  Code. 


U.S. 

Code 

Canal  Zone 

U.S.  Code 

Canal  Zone 

U.S. 

Code 

Canal  Zone 

Code 

Code 

Code 

Title 

Section 

Title 

Section 

Title 

Section 

Title 

Section 

Title 

Section 

Title 

Section 

6 

47a 

2 

94,  note 

48 

1325a 

2 

61 

5 

692b 

2 

92 

48 

1325b 

2 

66 

48 

1343 

6 

131 

6 

790 

2 

121 

48 

1325c 

2 

62,63 

48 

1343 

7 

7 

5 

791 

2 

122 

48 

1325d 

2 

64 

48 

1344 

7 

21,22,27, 

5 

793 

2 

123 

48 

1325e 

2 

65 

28,29 

15 

31 

2 

11 

48 

1326 

2 

67 

48 

1344a 

7 

31,32 

24 

196 

4 

1763 

48 

1327 

2 

31 

48 

1345 

7 

23,25 

28 

225 

7 

61 

48 

1328 

2 

32 

48 

1345a 

2 

43 

47 

120 

2 

361 

48 

1329 

2 

33 

48 

1346 

7 

26 

47 

121 

2 

362 

48 

1330 

6 

861 

48 

1347 

7 

33, 34, 35 

48 

1301 

2 

1 

48 

1330a 

6 

881 

48 

1348 

7 

30 

48 

1302 

2 

2,3 

48 

1330b 

6 

882 

48 

1349 

7 

36 

48 

1303 

2 

303 

48 

1330c 

6 

883 

48 

1350 

7 

29 

48 

1304 

2 

301 

48 

1330d 

6 

884 

48 

1351 

7 

37, 38, 39 

48 

1305 

2 

.5, 6, 81, 82 

48 

1330e 

6 

885 

48 

1352 

7 

40,41 

48 

13a'>a 

2 

82 

48 

1330f 

6 

886,887, 

48 

1353 

7 

42 

48 

1306 

2 

8 

888 

48 

1356 

7 

24, 61, 62 

48 

1307 

2 

7 

48 

1330g 

6 

889 

48 

1358 

3 

512 

48 

1308 

2 

303 

48 

1330h 

6 

890 

48 

1371 

2 

91 

48 

1310 

2 

371, 372, 

48 

1330i 

6 

891 

48 

1371a 

2 

92 

373 

48 

1330J 

6 

892 

48 

1371b 

2 

93 

48 

1311 

2 

401 

48 

1331 

2 

391,  392 

48 

I371bb 

2 

95,  note 

48 

1312 

2 

321. 322 

48 

1333 

2 

222 

48 

1371c 

2 

94 

48 

1313 

5 

391,  591 

4S 

1334 

2 

221 

48 

1371d 

2 

95 

48 

1314 

2 

323, 402 

48 

1335 

2 

223 

48 

13716 

2 

96 

48 

1314 

6 

392, 592 

48 

1336 

2 

211 

48 

1371f 

2 

97 

48 

1315 

2 

411,412 

48 

1336a 

2 

151,153 

48 

1371g 

2 

98 

48 

1316 

2 

414 

48 

1336b 

2 

152 

48 

1371h 

2 

99 

48 

1317 

2 

413 

48 

1336c 

2 

154 

48 

13711 

2 

100 

48 

1318 

2 

9 

48 

1336d 

2 

155 

48 

1371] 

2 

101 

48 

1319 

2 

10 

48 

1336e 

2 

156 

48 

1371k 

2 

102 

48 

1321 

2 

141 

48 

1336f 

2 

157 

48 

13711 

2 

103 

48 

1322 

5 

255. 821 

48 

1336g 

2 

158 

48 

1371m 

2 

104 

48 

1323 

2 

51,  52,  421 

48 

1336h 

2 

159 

48 

1371n 

2 

105 

48 

1323a 

2 

271,  272, 

48 

1336i 

2 

160 

48 

13710 

2 

106 

273 

48 

1341 

2 

4 

48 

1371p 

2 

107 

48 

1323b 

2 

274 

48 

1342 

2 

261 

50 

191 

2 

12 

48 

1323c 

2 

275 

48 

1342 

7 

1,2,3, 
4,5,6 

6.  STATUTES  AT  LARGE  TO  CANAL  ZONE  CODE 

This  table  shows  the  disposition  of  such  acts  of  Congress  as  have  been  incor- 
porated in  the  text  of  the  Canal  Zone  Code. 


statutes  at  Large 

Canal  Zone 
Code 

Statutes  at  Large 

Canal  Zone 
Code 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

1906 
June  28... 

1907 
Mar.  4.... 

1909 
Feb.  27... 

1910 
June  25... 

3585 
2918 
224 
384 

8 

1-5 

2 

34 
34 
35 
36 

552 
1371 
658 
772 

3 
2 
2 
2 

512 

83 

303 

221 

1911 

Mar.  4 

Do 

1912 

Aug.  24... 

Do 

Do 

Do 

Do 

Do 

285 
285 

390 
390 
390 
390 

390 
390 

2 
6 

1 
3 

4 
5 

6 

7 

36 
36 

37 
37 
37 
37 

37 
37 

1451 
1452 

560 
561 
661 
562 

663 
664 

2 
2 

2 
2 
2 
2 

2 
2 

222 
223 

2,3 

301 
5,  6, 81, 82 
9,  10,  411, 

412 

51,52,421 

4,7,211, 

261 

43803—34 66 


1033 


PARALLEL  REFEREyCE  TABLES 

6.  Statutes  at  Large  to  Canal  Zone  Code — Coutinued 


Statutes  at  Large 

Canal  Zone 
Code 

1                 Statutes  at  Large 

Canal  Zone 
Code 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

1912 

1922 

Aug.  24— 

390 

7 

37 

564 

6 

131 

Sent.  2L- 

370 

18 

42 

1010 

3 

118 

Do 

390 

7 

37 

564 

7 

1-7 

370 

19 

42 

1010 

4 

228 

Do 

390 

8 

37 

565 

7 

21-23, 25- 
42 

Do 

370 

20 

42 

1010 

3 

113, 120, 
126,127 

Do 

390 

9 

37 

565 

7 

24,61,62 

Do 

370 

21 

42 

1011 

3 

119 

Do 

390 

11 

37 

567 

2 

n 

Do 

370 

22 

42 

1011 

3 

128 

Do 

390 

12 

37 

569 

6 

861 

Do 

390 

13 

37 

569 

2 

8 

1924 

Do 

390 

14 

37 

569 

2 

1 

June  5 

261 

2 

43 

389 

2 

121 

1914 

1926 

June  15--- 

106 

1 

38 

385 

2 

411,412 

Do 

106 

2 

38 

3S6 

? 

411-413 

Dec.  29-  — 

19 

1 

44 

924 

1 

33-35 

Aug.  1 

223 

4 

38 

679 

2 

31 

Do-..- 

19 

2 

44 

924 

7 

42 

Do     -- 

223 

5 

38 

679 

?. 

32 

Do 

19 

3 

44 

924 

4 

182 

Do 

19 

4 

44 

926 

4 

181, 183 

1915 

Do 

19 

5 

44 

926 

3 

119 

Do 

19 

6 

44 

926 

2 

351 

Mar.  3..- 

75 

3 

38 

886 

2 

33 

Do 

Do 

19 
19 

8 

44 
44 

927 
927 

4 
3 

131 
53 

Do 

19 

9 

44 

927 

3 

54 

1916 

Do 

19 

10 

44 

928 

3 

55 

Aug.  21— 

371 

1 

39 

527 

2 

371-373 

Do 

Do     - 

19 
19 

11 
12 

44 
44 

928 

928 

3 
3 

56 
60 

Do 

371 

2 

39 

528 

2 

401 

Do     - 

19 

13 

44 

928 

3 

61 

Do 

Do 

371 
371 

3 

4 

39 
39 

528 
528 

2 
5 

321, 322 
391, 591 

Do 

Do 

19 
19 

14 
15 

44 
44 

929 

929 

3 
3 

62 
63 

Do 

371 

5 

39 

528 

2 

323.402 

Do     . 

19 

16 

44 

929 

3 

64 

Do 

Do 

371 
371 

5 
8 

39 
39 

528 
528 

b 
2 

392, 592 
67 

Do 

19 

17 

44 

930 

3 

652 

Do 

371 

9 

39 

529 

2 

391,392 

1927 

Do 

371 

10 

39 

529 

2 

141 

Do 

371 

10 

39 

529 

5 

255,821 

Jan.  22... 

52 

44 

1023 

3 

54,  61,  64 

Sept.  7— . 

458 

40 

39 

750 

2 

121 

Do 

458 

41 

39 

750 

2 

122 

1928 

Do 

458 

42 

39 

750 

2 

123 

Mar.  12... 

213 

45 

310 

2 

82 

1917 

Apr.  11.- 

354 

1 

45 

422 

7 

61 

June  12-.. 

27 

1 

40 

179 

2 

414 

1930 

Do 

27 

1 

40 

179 

4 

1763 

June  15.-. 

30 

1,T2 

40 

220 

2 

12 

Apr.  23... 

209 

1 

46 

253 

2 

94,  note 

May  27... 

338 

1 

46 

388 

2 

341 

1920 

Do 

338 

2 

46 

388 

2 

341. 342 

Do 

338 

3 

46 

388 

2 

341 

Junes — 

239 

1 

41 

948 

2 

302 

Do 

239 

2 

41 

948 

2 

302 

1931 

1922 

Mar.  2.... 

375 

1 

46 

1471 

2 

91 

Do 

375 

7 

46 

1471 

2 

92 

Sept.  21-- 

370 

1 

42 

1004 

2 

4,7,211, 

Do 

375 

3 

46 

1472 

2 

93 

261 

Do 

375 

4 

46 

1472 

2 

94 

Do 

370 

1 

42 

1004 

6 

131 

Do 

375 

5 

46 

1474 

2 

95 

Do 

370 

1 

42 

1004 

7 

1-7 

Do 

375 

6 

46 

1474 

2 

96 

Do 

370 

2 

42 

1005 

7 

21-23, 

Do 

375 

7 

46 

1476 

2 

97 

25-42 

Do 

375 

8 

46 

1476 

2 

98 

Do 

370 

3 

42 

1006 

7 

24, 61, 62 

Do 

375 

9 

46 

1477 

2 

99 

Do 

370 

4 

42 

1007 

5 

606 

Do 

375 

10 

46 

1477 

2 

100 

Do 

370 

5 

42 

1007 

5 

607 

Do 

375 

11 

46 

1477 

2 

101 

Do 

370 

6 

42 

1007 

5 

773 

Do 

375 

12 

46 

1478 

2 

102 

Do 

370 

7 

42 

1007 

5 

667, 671 

Do 

375 

13 

46 

1479 

2 

103 

Do 

370 

8 

42 

1007 

5 

774 

Do 

375 

14 

46 

1479 

2 

104 

Do 

370 

9 

42 

1007 

.<> 

5 

Do 

375 

15 

46 

1479 

2 

105 

Do 

370 

12 

42 

1008 

3 

71 

Do 

375 

16 

46 

1480 

2 

106 

Do 

370 

13 

42 

1008 

3 

108 

Do 

375 

17 

46 

1480 

2 

107 

Do 

370 

13 

42 

1008 

4 

152 

Do 

370 

15 

42 

1009 

4 

182 

1932 

Do 

370 

16 

42 

1010 

3 

114 

Do 

370 

16 

42 

1010 

4 

181, 183 

June  30... 

314 

204 

47 

404 

2 

92 

2155 

July  2.... 

391  ; 

47 

568 

5 

608 

Do 

370 

17 

42 

1010 

3 

112  1 

Julys.... 

416  1 

47 

671 

5l 

461-463 

1034 


PARALLEL  REFERENCE  TABLES 
6.  Statutes  at  Large  to  Canal  Zone  Code — C^ontinuetl 


Statutes  at  Large 


Canal  Zone 
Code 


Statutes  at  Large 


Canal  Zone 
Code 


Chap- 
ter 


417 
418 
418 
418 
418 
418 
418 
419 
419 
419 
419 
419 
419 
419 
419 
419 
419 
420 
420 
420 
421 
421 
422 
422 
423 
424 
424 
424 
425 
426 
426 
427 
427 
479 
479 
479 
479 
479 


88 


89 
89 
89 
90 
90 
90 
90 
90 
91 

91 
91 
91 

91 
92 
109 
109 
109 
109 
109 
109 


Sec-  Vol- 
tion  ume 


Page 


Title 


572 
573 
573 
573 
573 
574 
574 
574 
574 
574 
574 
575 
575 
575 
575 
575 
575 
576 
576 
576 
576 
576 
576 
577 
577 
577 
577 
577 
578 
578 
578 
578 
579 
661 
661 
661 
662 
662 


81 

81 

81 

81 

81 

81 

812 

812 

812 

812 

812 

812 

813 

813 

813 

813 

814 

814 

814 
814 
815 

817 
818 
859 
859 
859 
859 
859 
860 


Section 


Date 


877 
871 
872 
873 
874, 875 
876 
876 
881 
882 
883 
884 
885 


890 

891 

892 

291 

292 

293 

361 

362 

41 

42,43 

142 

331 

332 

333 

9 

43 

43 

201 

202 

471. 473 

471. 474 
475 
476 
477 


151, 153 

152 

154 

155 

156 

157 

158 

159 

160 

271-273 

274 

275 

61 

66 

62,63 

64 

65 

4,7,211, 

261 

131 

1-7 

21-23, 

25-42 

24, 61,  62 

371-373 

1 

24 

25 

26 

500,501 

515 


1933 

Feb.  21. 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do.-. 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do... 
Do.-. 
Do... 
Do... 
Do... 
Do... 
Do-. 
Do... 
Do... 
Do-- 
Do... 
Do... 
Do... 
Do... 
Do.. 
Do... 
Do.. 
Do.. 
Do.. 
Do... 
Do-. 
Do... 
Do-. 
Do-- 
Do... 
Do.. 
Do... 
Do.. 
Do.. 
Do... 
Do-.. 
Do--. 
Do... 
Do... 
Do... 
Do--. 
Do.- 
Do... 
Do-.. 
Do.. 
Do.-. 
Do-- 
Do... 
Do- 
Do.. 
Do.- 
Do... 
Do.. 
Do.. 
Do.. 
Do.. 
Do.. 
Do.. 


Chap-  Sec- 
ter   tion 


109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 
109 


10 

11 

12 

13 

14 

15 

16 

16a 

17 

17a 

18 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

50a 

50b 

50c 

50d 

50e 

51 

51a 

51b 

51c 

52 

53 

54 

55 

56 

56a 

56b 

56c 


Vol- 
ume 


47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
56d|  47 


57 

59 

60 

61 

62 

63 

65 

65 

67 

67a 

67b 

68 


Page 


Title 


860 
860 
860 
860 
860 
860 
861 
861 
861 
861 
861 
861 
861 
862 
862 
862 
862 
862 
862 
863 
863 
863 
863 
863 
853 
863 
864 
864 
864 
864 
864 
854 
864 
865 
865 
865 
865 
865 
865 
865 
865 
866 
866 
866 
866 
866 
866 
866 
867 
867 
867 
867 
867 
867 
867 
867 
868 
868 
868 
868 
868 
868 
868 
869 


869 
869 
869 
869 
870 
S70 


Section 


484 
56 
58 
111 
42 
33 
41-43 
91 
94 
97 
95 
121 
122 
123 
126 
127 
132 
134 
135 
142 
148 
162 
164 
165 
177 
178 
176 
232 
211 
212 
212 
183 
182 
184 
206 
179 
205 
191 
192 
193 
221-223 
253 
282 
283 
302 
301 
294,303 
372 
373 
311 
345 
332 
352 
354 
361, 362 
404 
405 
421 
422 
411 
414 
416 
484 
452 
453 
457 
704 
374 
742 
523 
524 
511 


1035 


PARALLEL  REFERENCE  TABLES 
6.  Statutes  at  Large  to  Canal  Zone  Code — Continued 


statutes  at  Large 

Canal  Zone 
Code 

Statutes  at  Large 

Canal  Zone 
Code 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

1933 

1933 

Feb.  21... 

109 

69 

47 

870 

5 

512 

Feb.  21... 

110 

25 

47 

884 

6 

111 

Do 

109 

70 

47 

870 

5 

513 

Do 

110 

26 

47 

884 

fi 

148,  149 

Do 

109 

71 

47 

870 

5 

506 

Do 

110 

27 

47 

884 

fi 

150 

Do 

109 

72 

47 

871 

5 

716 

Do 

no 

28 

47 

8S4 

6 

171 

Do 

109 

74 

47 

871 

5 

561 

Do 

110 

29 

47 

884 

fi 

175 

Do 

109 

75 

47 

871 

5 

562 

Do 

no 

30 

47 

884 

fi 

182 

Do 

109 

76 

47 

871 

5 

566 

Do 

no 

31 

47 

885 

fi 

183 

Do 

109 

78 

47 

871 

5 

595 

Do 

no 

32 

47 

885 

fi 

187 

Do 

109 

79 

47 

871 

5 

596 

Do 

no 

33 

47 

885 

6 

195 

Do 

109 

80 

47 

872 

5 

598 

Do 

no 

34 

47 

885 

6 

655 

Do 

109 

81 

47 

872 

5 

599 

Do 

no 

35 

47 

885 

6 

173 

Do 

109 

82 

47 

872 

5 

603 

Do 

no 

36 

47 

885 

fi 

176 

Do 

109 

82a 

47 

872 

5 

622 

Do 

no 

37 

47 

885 

fi 

174 

Do 

109 

83 

47 

872 

5 

623 

Do 

no 

38 

47 

885 

fi 

134, 135 

Do 

109 

84 

47 

873 

5 

621 

Do 

no 

38a 

47 

886 

6 

841,843 

Do 

109 

85 

47 

873 

5 

625 

Do 

no 

39 

47 

886 

6 

842 

Do 

109 

88 

47 

873 

5 

641 

Do 

no 

40 

47 

886 

6 

90 

Do 

109 

89 

47 

873 

5 

724 

Do 

no 

41 

47 

886 

6 

89 

Do 

109 

90 

47 

873 

5 

725 

Do 

no 

42 

47 

886 

6 

93 

Do 

109 

91 

47 

874 

5 

726 

Do 

no 

43 

47 

886 

6 

96 

Do 

109 

91a 

47 

874 

5 

727 

Do 

no 

44 

47 

886 

6 

221,  222 

Do 

109 

92 

47 

874 

5 

728 

Do 

no 

45 

47 

886 

6 

226 

Do 

109 

92a 

47 

875 

5 

730 

Do 

no 

46 

47 

887 

6 

228 

Do 

109 

92b 

47 

875 

5 

731 

Do 

no 

47 

47 

887 

6 

241 

Do 

109 

93 

47 

875 

5 

736 

Do 

no 

48 

47 

887 

6 

243 

Do 

109 

94 

47 

875 

5 

740 

Do 

no 

49 

47 

887 

6 

256,  257 

Do 

109 

94a 

47 

875 

5 

741 

Do 

no 

50 

47 

887 

6 

280 

Do 

109 

96 

47 

875 

5 

788 

Do 

no 

51 

47 

888 

6 

294 

Do 

109 

97 

47 

876 

5 

784 

Do 

no 

52 

47 

888 

6 

301 

Do 

109 

98 

47 

876 

5 

785 

Do 

IK) 

53 

47 

888 

6 

302 

Do 

109 

98a 

47 

876 

5 

781 

Do 

no 

54 

47 

888 

6 

321 

Do 

109 

99 

47 

876 

5 

662 

Do 

no 

55 

47 

888 

6 

331-357 

Do 

109 

100 

47 

876 

5 

669 

Do 

no 

56 

47 

890 

6 

361 

Do 

109 

101 

47 

876 

5 

670 

Do 

no 

57 

47 

891 

6 

369 

Do 

109 

101a 

47 

877 

5 

696 

Do 

no 

58 

47 

891 

6 

385 

Do 

109 

102 

47 

877 

5 

700 

Do 

no 

59 

47 

891 

6 

389 

Do 

109 

102a 

47 

877 

5 

697 

Do 

no 

60 

47 

891 

6 

402 

Do 

109 

102b 

47 

877 

5 

705 

Do 

no 

61 

47 

891 

6 

405 

Do 

109 

]02c 

47 

877 

5 

757 

Do 

no 

62 

47 

891 

6 

407 

Do 

109 

103 

47 

878 

5 

824 

Do 

no 

63 

47 

891 

6 

408 

Do 

109 

105 

47 

878 

5 

802 

Do 

no 

64 

47 

891 

6 

409 

Do 

109 

106 

47 

878 

5 

838 

Do 

no 

65 

47 

891 

6 

410 

Do 

109 

109 

47 

878 

5 

833 

Do 

no 

66 

47 

892 

6 

411 

Do 

109 

no 

47 

879 

5 

807 

Do 

no 

67 

47 

892 

6 

416 

Do 

109 

111 

47 

879 

5 

834 

Do 

no 

68 

47 

892 

6 

417 

Do 

109 

112 

47 

879 

5 

853 

Do 

no 

69 

47 

892 

6 

418 

Do 

109 

113 

47 

879 

5 

854 

Do 

no 

70 

47 

892 

6 

419 

Do 

109 

114 

47 

879 

6 

5 

Do 

no 

71 

47 

893 

6 

413 

Do 

109 

115 

47 

879 

5 

2 

Do 

no 

72 

47 

893 

6 

414 

Do 

110 

1 

47 

880 

6 

15 

Do 

no 

73 

47 

893 

6 

415 

Do 

110 

2 

47 

880 

6 

172, 181 

Do 

no 

74 

47 

893 

6 

403 

Do 

110 

2a 

47 

880 

6 

16 

Do 

no 

75 

47 

893 

6 

303,  401 

Do 

110 

3 

47 

880 

6 

13 

Do 

no 

76 

47 

893 

6 

431-433 

Do 

110 

4 

47 

880 

6 

3 

Do 

no 

77 

47 

893 

6 

434 

Do 

110 

5 

47 

880 

6 

14 

Do 

no 

78 

47 

894 

6 

443 

Do 

110 

6 

47 

881 

6 

71 

Do 

no 

79 

47 

894 

6 

441 

Do 

110 

7 

47 

881 

6 

115 

Do 

no 

80 

47 

894 

6 

442 

Do 

110 

7a 

47 

881 

6 

72 

Do 

no 

81 

47 

894 

6 

453-455 

Do 

110 

8 

47 

881 

6 

73 

Do 

no 

82 

47 

895 

6 

497 

Do 

110 

9 

47 

881 

6 

74 

Do 

no 

84 

47 

895 

6 

499 

Do 

110 

11 

47 

881 

6 

76 

Do 

no 

84a 

47 

895 

6 

611 

Do 

110 

12 

47 

882 

fi 

84 

Do 

no 

85 

47 

895 

6 

612 

Do 

110 

13 

47 

882 

6 

561-563 

Do 

no 

86 

47 

895 

6 

613 

Do 

no 

14 

47 

882 

6 

122 

Do 

no 

87 

47 

895 

6 

645 

Do 

110 

16 

47 

882 

6 

124, 125 

Do 

no 

88 

47 

895 

0 

546 

Do 

no 

16 

47 

882 

6 

126 

Do 

no 

88a 

47 

896 

6 

564 

Do 

110 

17 

47 

883 

6 

97 

Do 

no 

89 

47 

896 

6 

672 

Do 

no 

18 

47 

883 

fi 

548 

Do 

no 

90 

47 

896 

6 

573 

Do 

no 

19 

47 

883 

6 

550 

Do 

no 

91 

47 

896 

6 

581 

Do 

no 

20 

47 

883 

6 

142 

Do 

no 

92 

47 

897 

6 

5S2 

Do 

no 

21 

47 

883 

fi 

12 

Do 

no 

93 

47 

897 

6 

592 

Do 

no 

22 

47 

883 

fi 

141 

Do 

no 

94 

47 

897 

6 

60J,fi02 

Do 

no 

23 

47 

883 

fi 

132, 133 

Do 

no 

95 

47 

897 

« 

604 

Do 

no 

2! 

47 

883 

6 

127 

Do 

no 

96 

47 

897 

fi 

K^ 

1036 


PARALLEL  REFERENCE  TABLES 
6.  Statutes  at  Large  to  Canal  Zone  Code — Continued 


statutes  at  Large 

Canal  Zone 
Code 

Statutes  at  Large 

Canal  Zone 
Code 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

Date 

Chap- 
ter 

Sec- 
tion 

Vol- 
ume 

Page 

Title 

Section 

1933 

Feb.  21... 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

no 

110 
110 
110 
110 
110 
110 

no 
no 
no 
no 
no 
no 

97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 

47 
47 

47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 

897 
898 
898 
898 
898 
898 
898 
899 
899 
899 
899 
899 
899 

6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 

631 
636 

651-653 
654 
657 
671 
672 
673 
681 
682 

683,  684 
685 
687 

1933 

Feb.  21... 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Feb.  27... 
Do 

June  16... 

no 
no 
no 
no 
no 
no 
no 
no 
no 
no 

127 
128 
101 

no 
111 

112 
113 
114 
115 
116 
117 
118 
120 

"sib" 

47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
48 

900 
900 
900 
900 
900 
900 
900 
901 
901 
901 
908 
1124 
305 

6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
4 
3 
2 

686 

791 

795 

832 

825 

740 

724 

774 

904 

2 

1-2183 

1-2865 

95,  note 

7.  EXECUTIVE  ORDERS  TO  CANAL  ZONE  CODE 

This  table  shows  the  location  in  the  Canal  Zone  Code  of  sections  having  their 
original  source  in  Executive  orders. 


Date 

Section 

Canal  Zone  Code 

Date 

Section 

Canal  Zone  Code 

Title 

Section 

Title 

Section 

1904 
May  9 

1 

5 

4 
4 

4 
4 
4 
4 
4 
4 
4 
4 
4 
3 
3 
3 
3 
3 
3 
3 
4 
4 
4 
4 
4 
4 

5 
5 

2 
2 
2 
2 
2 
6 

1 

342,  344, 

441,  773 

43 

65 

1161 

1163 

1171 

151 

958 

169 

1009 

1007 

1005 

532 

533 

191 

192 

193 

194 

195 

981 

985 

986,  987 

988 

989 

991 

603 
773 

241 
242 
243 

244 

244,  note 

254 

1909 
Oct.  2.  . 

1 
2 
3 

5 
5 
5 
2 

4 

5 
2 
5 
5 
5 

5 
5 
5 

2 
6 
3 
3 
3 
3 

4 

4 

4 
4 
4 
4 

4 
4 
4 

4 

443 

Do 

810 

1907 

Do.-.. 

444,811 

Mar.  13 

Nov.  23 

224 

Mar.  22        .  . 

18 
29 
242 
243 
247 
393 
399 
414 
527 
530 
531 
670 
671 
794 
795 
796 
797 
798 
809 
812 
813 
814 
817 
818 

1910 
July  28...     . 

1 
1 

Do 

121 

Do 

1911 
May  11 

Do 

Do 

828 

Do 

June  28...       .... 

304 

Do 

Sept.    8 

1 

843 

Do 

Sept.  14 

827 

Do 

Nov.  15 

787 

Do... 

1912 
Apr.  17 

1 
2 
3 

Do 

Do 

844 

Do 

Do 

845 

Do 

Do 

846 

Do... 

1913 
Mar.  19 

Do^-.. 

Do 

244  note 

Do 

Aug.  29 

3 
1 
2 
3 
4 

1 

1 
2 
3 
4 
5 
G 
7 
8 
9 

613 

Do.... 

Nov.  11 

1266 

Do 

Do  . 

1267 

Do 

Do 

1268 

Do 

Do 

1269 

Do 

1914 
July  3 

Do 

967 

1908 
Jan.  9 

1920 
Jan.  9 

Aug.  14 

1001 

1 
2 
3 

4 
5 

Do 

982 

1909 

Do 

983 

Jan.  6 

Do 

1021 

Do 

Do 

1022 

Do 

Do 

1023 

Do 

Do 

1002 

Do 

Do 

1024 

July  30 

Do...- 

1025 

1037 


PARALLEL  REFERENCE  TABLES 
7.  Executive  orders  to  Canal  Zone  Code — Continued 


Date 

Section 

Canal  Zone  Code 

Date 

Section 

Canal  Zone  Code 

Title 

Section 

Title 

Section 

1920 

10 
12 

15 
16 
17 

1 
2 

Rule    1 
Rule   2 
Rule    7 
Rule  18 
Rule  20 

4 
4 
4 
4 
4 

4 
4 

4 
4 
4 
4 
4 

1026 
1003 
1004 
1006 
984 

982 
984, 1004, 
1005, 1006 

153 

26 

442 

45 

965, 966 

1928 
Jan.  3     

2 
3 

4 
5 

7 

4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 

393 

Jan.  9 

Do 

394 

Do 

Do      

395 

Do 

396 

Do 

Do             .  - 

397 

Do. 

987 

1924 

Nov.  3 

3 
4 
5 
6 
7 
9 
10 
11 
12 
13 
14 
15 

1751 

Do 

1752 

Mar.  5. 

Do 

1753 

Do - 

Do 

1754 

1925 

Do             

1755 

Do      

1756 

July  28 

Do 

1758 

Do 

Do-- - 

1759 

Do 

Do 

1760 

Do 

Do 

1761 

Do 

Do — 

1762 

Do                

1762 

8.  ACTS    AND     ORDINANCES    ISTHMIAN     CANAL     COMMISSION    TO 

CANAL  ZONE  CODE 

This  table  shows  the  location  in  the  Canal  Zone  Code  of  sections  having  their 
original  source  in  acts  or  ordinances  of  the  former  Isthmian  Canal  Commission. 


No. 

Date 

Sec- 
tion 

Canal  Zone 
Code 

No. 

Date 

Sec. 
tion 

Canal  Zone 
Code 

Title 

Section 

Title 

Section 

3 

1904 
Aug.  22    

2 
3 
4 
5 
6 
10 

5 
5 
5 
5 
5 
5 
5 
6 
6 
5 
6 

472 

471,473 

471,474 

475 

476 

477 

461-463 

901 

902 

1-877 

1-905 

1907 
Oct.  28(27) -- 

10 

5 

5 

5 
5 

3 
3 

do 

836 

do               -  

1910 
Apr.  23 -.- - 

3 

do          

3 
3 

60S 

do --- 

1912 
July  18 

1 
2 

4 

do               

12 
12 

1 
2 

830 

do           - 

...--do 

829 

14 

Sept  3 

15 

do                   

1038 


INDEX 

Keferenios   aro    to    title   and    section    except    in    the    case    of    index    Hues    referring    to 

material  in  the  appendix 

Abandonment 

Animal,  disease<l  or  infirm,  5 :  810 

Child,  of,  see  Parent  and  Child 

Property,  of,  lost  property  laws  inapplicable,  3 :  1219 

Wife  or  husband,  of,  see  Husband  and  Wife 
Abatement 

See  Survival 

Action  by  or  against  Canal  Zone  or  Government  oflScer.  when  not  abated, 
p.  984,  sec.  780 

Action  not  abated  by  death,  disability,  or  transfer,  when,  4 :  141 

Legacy,  of,  3  :  615 

Nuisance,  of,  see  Nuisance 

Pleas  in,  see  Answeb;  Demukreb;  Pleading 
Abduction 

See  Kidnaping 

Forbidden  by  rights  of  personal  relations,  3 :  47 

Woman,  of,  punishment,  5  :  405 
Abortion 

Administering  drugs  to  produce,  punishment,  5 :  421 

Advertising  to  procure,  punishment,  5  :  423 

Mailing  articles  or  advertLsements  relative  to  producing,  p.  920,  sec.  334 

Prosecutrix  must  be  corroborated,  6 :  376 

Soliciting  or  submitting  to,  punishment,  5 :  422 

Using  instruments  to  produce,  punishment,  5 :  421 
Acceptance 

See  Checks;  Contracts:  Negotiable  Instruments 

Benefit  of  transaction,  effect  of,  3 :  845,  2843. 
Accession 

See  Fixtures 

Confusion  of  goods 

Article  made  from  inseparable  materials,  rights  on,  3 :  417,  418,  420 

Damages  for  wrongfully  using  materials  of  another,  3 :  421 

Materials  of  several  owners,  rights  on,  3 :  413,  417,  418,  420 

Owner  may  elect  between  thing  and  its  value,  3 :  420 

Owner  may  require  separation  when,  3 :  418 

Principal  part  is  what,  3 :  414,  415 

Principal  part,  removal  of,  3 :  414 

Product  of  things  acquired  by  willful  trespass,  title  to,  3:419 

Uniting  several  different  things,  rights  of  owners,  3 :  413,  418 

Owner,  products  and  accessions  belong  to,  3 :  331 

Personalty,  to,  uniting  materials  and  workmanship,  rights  on,  3 :  416 

Property  may  be  acquired  by,  3 :  401 

Realty,  to,  see  Fixtures 
Accessories 

Abetting  by  person  out  of  Canal  Zone,  5 :  56 

All  persons  concerned  liable  as  principals,  5  :  52,  55 ;  6 :  211 

Information  against,  allegations  in,  6:211 

Parties  to  crime  are  principals  and  acces.sories,  5 :  51 

Prosecution,  though  principal  not  prosecuted,  6 :  212 

Punishment  of  accessory  to  felony,  5 :  54 

Who  are  accessories  to  felony,  5 :  53 
Accessory 

Transfer  of  incident  does  not  transfer  principal,  3 :  472,  2862 

Transfer  of  principal  thing  passes,  3 :  472,  2862 

1039 


INDEX 

Accident 

See  Mistake 

Criminal  liability  as  affected  by,  5 :  57 

Homicide  by,  excusable,  5 :  259 
Accomplices 

Cori-oboratiou  of,  6  :  387 

Testimony  of,  to  be  viewed  with  suspicion,  4 :  2131 
Accord  and  Satisfaction 

Accord,  definition  and  effect,  3 :  771,  772 

Satisfaction 

Defined,  3 :  773 

Part  performance  in,  extinguishes  obligation,  when,  3 :  774 
Account 

See  Accounting  ;  Executors  and  Administrators  ;  Guardian  and  Ward 

Bill  of  particulars,  4 :  253.  786 

Copy  of,  right  to  take,  4 :  921 

Exhibiting  original  and  delivering  copy  to  adverse  party,  4 :  78(5 

Falsification  by  public  officer,  punishment,  5 :  622 

How  proved,  4  :  1872 

Inspection  of,  see  Inspection  of  Writings 

Pleading,  how  to  state  account  in,  4 :  253 
Accounting 

See  Account;  Executors  and  Administrators;  Guardian  and  Ward 

Collecting  oflScers  of  Canal,  by  2  :  32 

Consolidation    of   functions  respecting   Government,    Canal,    and    Railroad 
funds,  2:31 

Examination  of  Canal  accounts  by  General  Accounting  Office,  2 :  33 

Fraudulently   presenting    claim    for    allowance    or    payment,    punishment, 
5:102 

Public  moneys,  for,  offenses  respecting,  5 :  621-623 
Accumulations 

Application  of  income  to  support  of  minor,  3 :  325 

Provisions  governing  disposition  of  income,  3 :  321 

Purposes  for  which  may  be  allowed,  3 :  323 

Time  of  commencement  and  termination,  3  :  323, 324 

Validity  of  directions  for,  3 :  322-324 
Accused 

See  Defendant 
Acid 

Throwing  upon  another,  punishment,  5 :  345 
Acknowledgments 

Acknowledged  instruments,  admissibility,  4 :  1980,  1982 

Affiant  to  be  known  to  officer,  3 :  495 

Assignment  for  creditors,  of,  3 :  2780,  2781 

Authenticated,  how,  3  :  500 

Certificate  of  acknowledgment 

Action  to  correct  defective  certificate,  3 :  508 

As  evidence,  4  :  1980 

Authority  to  issue,  3 :  494 

Form  of,  3:497-499 

Indorsement  on  or  attachment  to  instrument,  3 :  496 

Certificate  of  redemption,  of,  4 :  604 

Chattel  mortgage,  of,  3 :  2264,  2265 

Debt,  acknowledgment  so  as  to  remove  bar  of  statute,  4 :  110 

Defective,  action  to  correct,  3 :  508 

District  of  Columbia  or  Territories,  instruments  affecting  land  in,  3:512 

False  personation  in  making,  punishment,  5:691 

Foreign,  3  :  492,  493,  497,  512 

Form  of,  3  :  497-499 

Identity  of  person  making,  3 :  495 

Illegitimate  child,  acknowledgment  of,  3  :  634 

Instruments  made  before  code  became  effective,  3 :  511 

Inventory  of  wife's  property,  3 :  141 

Marriage,  declaration  of,  3  :  66 

Marriage  settlement,  3  :  154 

1040 


INDEX 

Acknowledgements — Continued 

Officers  taking,  have  wliat  authority,  3:  507 
Prerequisites  to  taking,  3  :  495 
Proof  of  instruments 

Action  for,  3  :  509,  510 

Authority  of  officers  taking,  3  :  507 

Certificate  of  officer,  what  to  state,  3 :  506 

Defective  certificate,  action  to  correct,  3  :  508 

Handwritinjj;,  by.  3  :  504,  505 

In  general,  3  :  501-511 

Witness,  identity  of,  3 :  502 

Witness  must  prove  what,  3 :  503 
Record  of  acknowledged  instrument,  as  evidence,  4 :  1982 
Satisfaction  of  judgment,  of,  4 :  550 
Seals,  when  officers  must  affix,  3 :  500 
Signatures,  officers  must  affix,  3  :  500 
Special  partnership,  certificate  of,  3 :  1814 
Statute  of  limitations,  removing  bar  of,  4 :  110 
What  writings  may  be  acknowledged,  4 :  1980 
Who  may  take,  3  :  491-493,  512  ;  4  :  33 
Acquittal 

Arrest  of  judgment,  effect  of,  as,  6  :  464 
Discharge  of  defendant  to  be  witness  as,  6 :  368 
Former,  see  Formee  Jeopabdy 
Informal  verdict,  by,  6  :  417 
Reasonable  doubt,  in  case  of,  6 :  363 
Actions 

See  subject  in  question 

Abatement,  when  not  abated  by  death,  disability,  or  transfer,  4 :  141 

Aliens,  between,  4 :  121 

Annulment  of  marriage,  for,  3 :  55,  56 

By  whom  prosecuted,  4  :  17 

Calendar,  entry  on,  4  :  436 

Civil 

Arise  out  of  obligations  or  injuries,  4 :  12 

Definition  of,  4 :  10,  17 

For  acts  constituting  crimes,  5  :  7 
Commenced  by  filing  complaint,  4 :  161 
Consolidation  of,  when  may  be  ordered,  4 :  954 
Conspiracy  to  maintain  falsely,  5 :  81 
Criminal  actions,  see  separate  subhead,  infra 
Defined,  4 :  10 

Dismissal  of,  see  Dismissal 
Form  of,  one  only,  4 :  71 
Infant's  right  to  maintain,  3:34 
Injuries,  see  Injuries 

Interpleader,  when  and  how  maintained,  4 :  142 
Intervention,  how  and  when  effected,  4 :  143 
Joined,  what  actions  may  be,  4 :  204 
Jurisdiction,  when  acquired,  4  :  171 
Limitation  of,  see  Limitation  of  Actions 
Magistrate's  court,  in,  see  Magistkates'  Coltrts 
Marriage,  to  test  validity  of,  3 :  67 
Merger  of  civil  and  criminal,  4 :  18 
Nonresidents,  between,  4 :  121 
Nonsuit,  when  may  be  entered,  4 :  415 
Obligations,  see  Obligations 
Particular  actions,  see  particular  subject 
Parties  to,  see  Parties 
Pending 

Not  affected  by  civil  code,  3 : 6 

When  deemed  to  be,  4 :  955 
Pleadings  in,  see  Pleading 


1041 


-I 


II}DBX 

Actions — Continued 

Remedies 

Divided  into  actions  and  special  proceedings,  4:9 

In  general,  see  Remedies 
Severance  of,  4 :  954 

Special  proceedings,  see  Special  Proceedings  ; 

Submitting  controversy  witliout  action,  4 :  1111-1113 ;  see  Agreed  Case 
Successive  actions,  right  to  maintain,  4 :  953 

Surety,  by,  4 :  956  ; 

Survival  of  ■ 

Against  ofBcer  of  Canal  Zone,  p.  984,  sec.  780 

Against  railroad  for  injury  to  employee,  p.  990,  sec.  59 

In  general,  4 :  141,  1522-1524 

Statute  of  limitations,  4 :  104,  106 
When  commenced,  4  :  101 

CBIMINAL  ACTIONS 

Calendar  of  pending  actions,  keeping  of,  6 :  311 

Defendant  in,  see  Defendant 

Definition  of  criminal  action,  6 :  4 

Dismissal  of,  see  Dismissal 

Entry  in  criminal  docket,  6 :  841 

Limitation  of,  see  Limitation  of  Actions 

Parties  to,  6:5 

Pending,  order  of  disposal  of,  6 :  312 

Place  of  trial,  see  Place  of  Trial 

Record  of,  what  constitutes,  6 :  499 
Actions  to  Quiet  Title 

See  Quieting  Title 
Adjournment 

Continuance,  see  Continuance 

Court,  of,  wiiile  jury  out,  4:471 
Admeasurers  of  Vessels 

Administering  oaths  and  summoning  witnesses,  2 :  41-43 
Administrators 

See  Executoes  and  Administrators;  Public  Administbatob 
Admiralty 

See  Shipping 

Foreign  judgment,  effect  of,  4 :  1940 

Jurisdiction  of  district  court  in,  7:23,  25 

Offenses   within   admiralty  and  maritime  jurisdiction,   p.   938,    sees.   451- 
467,  481-502 

Practice  and  procedure  in,  7 :  25 

Suits  for  wrongful  death  on  high  seas,  note,  p.  996,  sec.  761 

Suits  involving  vessels  or  cargoes  of  United  States,  p.  991,  sec.  741 
Admission 

As  to  fact  in  dispute,  inference  from,  4 :  1850 

By  failure  to  deny,  4 :  200 

Compromise,  offer  of,  is  not,  4 :  2154 

Divorce  action,  admission  of  defendant  in,  4:2155 

Service  of  summons,  of,  4 :  170 
Adoption 

Consent 

Of  parent  or  guardian,  3 :  191,  192 

To  adoption  of  illegitimate  child,  3 :  195,  106 

How  child  mav  be  adopted,  3 :  191,  192,  196  t 

Illegitimate  child,  3  :  195,  196 

Order  of  court  and  effect  thereof,  3 :  193,  194 

Stepfather,  by,  3  :  192 

Who  may  adopt  child,  3: 191,  192 
Adulteration 

Candy,  punishment,  5  :  543 

Food,  drugs  or  liquors,  punishment,  5 :  542 

Selling  adulterated  candy,  punishment,  5:543 

Selling  adulterated  food,  drugs,  or  liquors,  5 :  542 

1042 


lUDBX 

Adultery 

See  Divorce 

Definition  and  punishment,  5 :  431 
Witnesses,  compoleiicy  of  spouses  as,  4  :  1004  ;  6  :  672 
Adults 

Who  are.  3  :  23 
Advancements 

Death  of  beneficiary  before  decedent,  proceedings  on,  3:646 
Deemed  ademptions  when,  3  :  G02 
Determination  as  to,  on  final  distribution,  4 :  1641 
Effect  of,  3 :  557.  642,  046 
Less  or  greater  than  share,  effect  of,  3 :  643 
Pretermitted  or  after-born  child,  to,  3 :  557 
Value  of,  determined  how,  3  :  645 
What  are,  3  :  644 

When  only  deemed  ademptions,  3 :  602 
Adverse  Claim 

Money,  to,  action  to  determine,  4  :  956 

Personal  property,  to.  action  to  determine,  4 :  661,  956 

Quieting  title,  4:  661-670;  see  Quieting  Title 

Real  property,  to 

Action  to  determine,  4  :  661 

Parties  defendant  in  action  by  person  out  of  possession,  4 :  137 
Writ  of  possession,  right  to  on  recovery,  4 :  137 
Advertisement 

Placing  on  property  without  consent,  5 :  802 
Posting  on  public  property,  punishment,  5 :  843 
Affidavits 

See  subject  in  question 
Certificate  to  foreign,  4  :  2077 
Complnint,  affidavit  of,  6:  72,  73 
Defectively  entitled,  effect  of,  4 :  952 
Defined,  4 :  2062 

How  taken  in  State  or  foreign  country,  4  :  2075-2077 
Magistrate  may  take,  4 :  33 

Particular  proceedings,  in,  see  particular  subject 
Perjury  in  affidavit  as  to  future  testimony,  5 :  142 
Publication,  proof  of  by  affidavit,  4 :  2072,  2073 
Purposes  for  which  may  be  used,  4 :  2071 
Refusal  of  witness  to  subscribe  to,  punishment,  4 :  2046 
What  provable  by,  4 :  2071.  2072 
Who  may  take,  4 :  33,  2074-2076 
Affinity 

See  Consanguinity 
Meaning  of ,  4  :  8 
Affirmation 

Form  of,  4  :  2172,  2175 
In  place  of  oath,  4:  2175 
Oath 

In  general,  see  Oath 

Includes  affirmation,  3  :  12 ;  4:8;  5:5 
What  officers  may  administer,  4 :  2171 
Agency 

Absentee  on  distribution  of  estate,  agent  for,  4 :  1661-1665 
Acknowledgment  by  attorney  in  fact,  form  of,  3 :  499 
Acts  or  declarations  of  agent,  admissibility,  4 :  1888 
Actual  agency,  defined,  3 :  1615 
Actual  authority 

Agent  not  to  exceed,  3 :  1361 

Defined,  3 :  1633 

Extent  of,  3 :  1632,  1635,  1636 
Actual  or  ostensible,  agency  is,  3 :  1614 
Authority 

Acts  within  actual  or  ostensible  bind,  3 :  1651 

Agent  warrants  his  authority,  3 :  1671 

1043 


INDEX 

Agency — Continued 

Authority — Continued 

Consideration  unnecessary  to  creation  of,  3 :  1625 
Construction  of,  wtien  partly  general  and  partly  specific,  3 :  1638 
Damages  for  breach  of  warranty  of  authority,  3 :  2657 
Defraud  principal,  agent  without  authority  to,  3:1623 
Delegation  of,  3  :  1681-1683 
Extent  of,  33 :  1632-1642 

General,  does  not  authorize  what  acts,  3 :  1639  i 

How  may  be  conferred,  3 :  1G24,  1626.  i 

Incomplete  execution  of,  binds  principal,  when,  3 :  1652  i 

Instructions,  authority  to  disobey,  3 :  1637 

Instrument  intended  to  bind  principal  does  bind  him,  when,  3 :  1658 
Necessary  authority,  agent  has,  3 :  1636. 
Obligations  of  principal  when  agent  exceeds,  3 :  1654 
Oraf,  when  may  be,  3 :  1626 
Ostensible,  see  this  subject,  infra 
Price,  authority  to  receive,  3 :  1641,  1642 
Representations,  authority  to  make,  3 :  1636 
Restrictions  on  general  authority,  3:1639 
Sale  of  personal  property,  relative  to,  3 :  1640-1642 
Scope  of  agency,  agent  cannot  define,  3 :  1636,  1639 
Terminated  by  what,  3 :  1691,  1692 
Warranting  personal  property,  3  :  1640 
What  authority  may  be  conferred,  3 :  1621,  1622 
W^ritten,  when  must  be,  3 :  886,  1626 ;  4 :  2017 
Creation 

Consideration  unnecessary,  3  :  1625 
How  may  be  created,  3 :  1624 

Oral  or  written  authorization,  3  :  886,  1626 ;  4 :  2017 
Credit  given  exclusively  to  agent,  payment,  3 :  1656 
Definitions 

Agent  and  agency,  3  :  1611 
General  agent,  3:1613 
Special  agent,  3 :  1611 
Delegation  of  powers,  3 :  1681-1683 
Embezzlement,  agent,  when  guilty  of,  5 :  666 
Factors,  see  Factors 

Keeping  principal  informed,  duty  as  to,  3 :  1362 
Negotiable  instrument 

Agent  to  collect,  duty  of,  3 :  1363 
Signature  by  agent,  3 :  2339-2341 
Notice  of  agency,  rights  of  one  dealing  with  agent  without,  3 :  1657 
Notice  to  agent  or  principal,  effect  of,  3 :  1653 
Ostensible  agency,  defined,  3 :  1616 
Ostensible  authority 
Agent  has,  3:1632 
As  to  persons  having  notice,  3 :  1635 
Defined,  3 :  1634 
Extent  of,  3  :  1635 
Liability  of  principal,  3:1655 
Powers,  see  Powers 

Powers  of  attorney,  see  Powers  of  Attorney 
Principal 

Bound  by  instrument  intended  to  bind  him,  3:1658 

How  affected  by  agent's  acts  within  his  authority,  3:1651 

Liability  for  negligent  or  wrongful  acts  or  omissions  of  agent,  3:165!). 

1600 
Wlien  bound  by  incomplete  execution  of  authority,  3 :  1652 
Whether  bound  when  agent  exceeds  authority,  3 :  1654 
Ratification 

Creation  of  agency  by,  3:1624 

How  only  may  be  made,  3: 1628 

Not  to  injure  tliird  persons,  3: 1630 

Of  part  of  Indivisible  transaction,  effect  of,  3: 1627 

1044 


INDEX 

Agency — Continued 

Ratification — Continued 

Rescission  of  ratification,  3 :  1631 
When  void,  3  :  1629 
Set-olT,  right  of,  against  piincipal  where  agency  unknown,  3 :  1657 
Statute  of  frauds,  effect  on  contract  of  agency,  3 :  886,  1626 ;  4 :  2017 
Subageiit 

Delegation  of  powers  to,  3  :  1681-1683 
Liability  of  to  original  principal,  3 :  1364 
Terminated  by  what,  3 :  1691,  1692 
Third  persons 

Agent's  liability  to,  3 :  1672 

Agent's  obligation  to  surrender  property  to,  3:1673 
Rights  where  agency  unknown,  3  :  1657  ' 
Who  may  be  or  appoint  an  agent,  3 :  1612 
Agreed  Case 

Enforcement  of,  or  appeal  from,  judgment,  4 :  1113 
Entry  of  judgment,  4  :  1112 

How  and  in  what  cases  may  be  submitted,  4 :  1111 
Proceedings  on,  4 :  1111 
Aircraft 

Air  commerce  act,  1926,  note,  p.  1009,  sec.  171 
Permits  to  have  and  carry  arms  for  hunting  or  protection,  5:  873 
Alienation 

See    Grants  ;    Transfer 

Condition  restraining,  etfect  of,  3 :  305 

Future  interests  which  suspend  power  of,  void,  3 :  312 

Income  undisposed  of  pending  suspension,  to  whom  belongs,  3 :  332 

Power   of 

How  long  may  be  suspended,  3:311 
When  suspended,  3  :  312 
Alienation  of  Affections 

Spouse  as  witness  in  action  for,  4 :  1904 
Aliens 

See  Immigration  ;  Naturalization 
Actions   between    alien   nonresidents,   4 :  121 
Estates  of  intestate  aliens,  disposition,  4 :  1706 
Inheritance   by,    3 :  263,    651 
Ownership  of  property  by,   3:262 

Will  made  in  Canal  Zone  by  alien,  law  governing,  3 :  533 
Alimony 

See  Divorce 
Allegations 

See  Answer  ;   Complaint  ;    Pleading 

Affirmative,  by  whom  must  be  proved,  4 :  1887 

Burden  of  proof  of,  4 :  1887,  2031 

In  particular  actions,  see  particular  subject 

Material 

Evidence   confined   to,   4 :  1886 
Only  need  be  proved.  4 :  1SS5 
Negative,  when  must  be  proved,  4 :  1887 
Alteration 

Bank  bill  or  note,  5 :  734 

Contracts,  alteration  and  cancelation  in  general,  3 :  961-965 
Instruments,  of,  as  forgery,  5 :  721 
Offering  fraudulently  altered  evidence,  a  felony,  5 :  161 
Public  account,  fraudulent  alteration,  punishment,  5 :  622 
Will,   of,   see   Wills 

Writing,  of,  burden  of  explaining,  4 :  2032 
Amendment 

Allowance  of,  power  of  court,  4 :  275 
As    of  course,   4 :  274 
Bill  of  exceptions,  to,  4 :  525 
Complaint,  of 

In  civil  action,  proceedings  on,  4 :  213 
On  appeal  in  criminal  action,  6 :  135 

1045 


IVDEX 

Amendment — Continued 

Correcting  mistake   by,   4 :  275 

Filing  unci  service  of,  4 :  274 

Forcible  entry,  amendment  of  complaint  in,  4 :  1153 

How   made,   4  :  274 

Information,   of,   see   Information 

Magistrate's  court,  in,  see  Magisteates'  Coukts 

Parties,   adding  or  correcting  by,   4 :  275 

Power  of  court   generally,  4 :  275, 

Right  to  amend  once  as  of  course,  4 :  274 

Time  for,  when  demurrer  sustained,  4 :  278 

Variance,  in  case  of,  4 :  271,  272 

What  may  be  allowed,  4 :  275 
Ancient  Writings 

Comparison   of,   to  prove  handwriting,   how   made,   4:1977 

Presumption   of  genuineness,  4 :  2007 
Ancon 

Harbor  of,  boundaries,  p.  851,  art.  4 
Animals 

Al)andoned.  authority  of  officers.  5 :  810 

Bringing  in  animals  and  violating  quarantine  proclamation,   5 :  oUG 

Bull  tights  or  dog  figlits,  offenses  respecting,  5 :  60S 

Carcasses,  placing  in  or  near  stream  or  highway,  5:507 

Cruelty   to,    5:810,   811 

Damages,  exemplary,  for  injuries  to,  3 :  2GG6 

Depositaries   of,   3:1112,   1133 

Diseased,  offenses  by  owners  of  diseased  animals,  5 :  563-505 

Duty   of  person   saving,   3 :  1212 

Injury  to  person  by  vicious  animal,  jiunishment  of  owner,  5 :  562 

Keeping  and  impounding  of  domestic  animals,  2 :  201,  202 

Killing  of  person  by  vicious  animal,  punishment  of  owner,  5 :  561 

Marks  or  brands  on,  altering,  5 :  789 

Ownership   of,   3:252,   253 

Poisoning,   punishment,   5 :  809 

Receiving  or   transporting  in  violation  of  quarantine,   5 :  567 
Annuities 

Commence   at   testator's   death,   3 :  620 

Defined,  3:611 

Effect  of  failure  of  fund,  3 :  611 
Annulment 

Of  marriage,   see  Marriage 
Answer 

See  Plea:  Ple.vding 

Absence  of,  what  relief  granted  plaintiff,  4:  414 

Admission  of  allegations  by  failure  to  deny,  4 :  260 

Allowing,  where  demurrer  overruled,  4 :  274 

Amended  complaint,  to,  4  :  213 

Amendment  of,  4:274,  275;  see  Amendment 

Contains  what,  4  :  221 

Counterclaim,  4  :  221,  223-226  ;  see  Counterclaim 

Criminal  action,  in,  upon  arraignment,  6:231,  232 

Cross-complaint,  in  general,  4:227:  see  Cross-Complaint 

Default  for  failure  to,  when  entered,  4:421;  see  Default 

Defenses,  stating  several,  4  :  226 

Demurrer  and  answer  at  same  time,  4:  212,  226,  274 

Demurrer,  overruling,  time  to  answer  runs  from  notice,  4:278 

Demurrer  to 

Grounds  of,  4  :  232 

Overruling,  facts  of  answer  deemed  denied,  4:274 

Time  to  file,  4  :  231 

Denial  of  execution  of  instrument  contained  in,  4 :  243 

Failure  to  file,  see  De:fault 

Filing  and  service  of,  4  :  263 

Generally,  4  :  221 

Inspection  of  instrument  where  copy  annexed,  4 :  244 

1046 


INDEX 

Answer — Continued 

Joint  debtor  brought  In  after  judgment,  of,  4  :  904 

Magistrate's  court,  in,  4  :  715  ;  see  Maoisteates'  Coubts 

Material  allegations,  what  are,  4 :  201 

New  matter  in,  deemed  denied,  4 :  260 

Objections  not  appearing  on  complaint,  taken  by,  4 :  214 

Particular  actions,  in,  see  particular  subject 

Pleading,  as  a,  4  :  193 

Several  defenses,  how  stated,  4:226 

Signature  to,  4  :  241 

Striking  out  sham  and  irrelevant  answers,  4 :  252 

Supplemental,  when  allowed,  4  :  262 

Time  for 

Extending,  4:275,  960 
In  divo-ce  proceedings,  4  :  183 
In  general,  4  :  163 
Variance,  allowing  amendment  in  case  of,  4 :  271,  272 
Verification  of,  4:241,  242;  see  Verification 
Waiver  of  objections  not  taken  by,  4 :  215 
Written  instrument,  annexing  or  setting  out,  in.  4 :  243,  244 
Antitrust  Laws 

Clayton  act,  application  of,  p.  892,  sees  12-27 
Panama  Canal  closed  to  violators  of,  2 :  11 
Appeal 

Bail  on  appeal,  see  Bail 

Bill  of  exceptions,  see  Exceptions 

Circuit  Court  of  Appeals,  to 

Allowance  of  appeals,  p.  983,  sec.  228 
.  Appellate  jurisdiction,  7 :  61 ;  p.  982,  sec.  225 
Divorce,  appeal  from  interlocutory  order,  3 :  119 
How  governed,  4  :  871 

Manner  of  taking  in  criminal  actions,  p.  983,  sec.  723a 
Practice  and  procedure  on,  7 :  62 
Preparation   of  record  in  criminal   actions,   rules  authorized,  p    983 

sec.  723a 
Right  of  review  by  Supreme  Court,  7 :  62 
Settlement  of  bill  of  exceptions  by  Circuit  Court  of  Appeals.  4 :  527  • 

6 :  443 
Time  for  making  application  for  appeal,  p.  983,  sec.  230 
District  court,  to 

Authorized  in  all  civil  actions,  4  :  881 ;  7  :  7 
Costs,  4 :  8S8 
Criminal  actions,  in 

Amendment  of  complaint  in  district  court,  6: 135 
Authorized  in  all  criminal  actions,  6 :  131 :  7 :  7 
Costs  in  district  court,  6 :  392 
Jurisdiction  of  district  court,  7:  23 
Manner  of  taking  appeal,  6 :  132 

Transmitting  warrant  and  complaint  to  district  court,  6 :  133 
T'ial  of  offense  de  novo,  6: 134 
Damages  where  appeal  taken  for  delay,  4 :  888 
Dismissal  of  appeal 

For  failure  to  prosecute,  4 :  888,  890 

Return  of  papers  and  resumption  of  jurisdiction  below   4  ■  891 
Docket  fee,  4  :  889 

Forcible  entry  and  detainer,  in,  4 :  1155,  1157 
Hearing,  what  may  be  used  on,  4 :  882 
How  taken,  4 :  881 
In  general.  4  :  881-891 
Judgment  on,  4  :  888. 
Jurisdiction  of  district  court,  7 :  23 
Notice  of  appeal,  4  :  881 

Objections  made  in  magistrate's  court,  4 :  884 
Powers  of  district  court.  4 :  888 
Prepayment  of  fee.  4  :  889 

1047 


INDEX 

Appeal — Continued 

District  court,  to — Continued 

Proceedings  in  district  court  on,  4 :  888 

Questions  of  fact  or  law  and  fact,  appeal  on,  4 :  883 

Questions  of  law,  appeal  on,  4 :  882 

Statement  of  ease  and  settlement  thereof,  4 :  882 

Stay  of  execution,  4 :  885,  887 

Time  for  appeal,  4  :  881 

Transmission  of  fee  to  clerk,  4 :  889 

Transmission  of  papers,  4  :  884 

Trial  anew  on  questions  of  fact,  4 :  883,  888 

Undertaking  on  appeal 

Deposit  in  lieu  of  undertaking,  4 :  885 
Exception  to  and  justification  of  sureties,  4 :  886 
Requisites  of  undertaking,  4  :  885 
Time  to  file  undertaking,  4 :  886 
Errors  not  affecting  substantial  rights  disregarded,  4 :  277 
Judgment  roll,  see  Judgment  Roll 
Reversal 

New  action,  within  what  time  may  be  brought,  4 :  106 
Not  decreed,  except  for  substantial  errors,  4 :  277 
Undertaking,  sureties,  subrogation  of,  4 :  969 
Appearance 

Corporation,  by,  6:836 
Infants,  by,  see  Infants 
Insane  persons,  by,  see  Insane  Persons 
Magistrate's  court,  in 
Time  for,  4 :  697 
Waiver  of  summons  by,  4 :  693 
Right  to  notice  of  proceedings  after,  4 :  945 
Time  for 

In  divorce  proceedings,  4  :  183 
In  general,  4 :  163 
Waiver  of  summons  by,  4 :  162,  171 
What  constitutes,  4  :  945 
Application 

Of  payment  or  performance  in  general,  3 :  727 
Appointment 

Buying  appointment  to  oflSce,  punishment  of,  5 :  96 
Employees,  of,  see  Employees 
Receiving  reward  for,  punishment  of,  5 :  95 
Appraisement 

See  Estates  of  Decedents 
Argument 

Demurrer  to  information,  time  for  hearing  argument,  6 :  254 
Number  of  counsel  who  may  argue  criminal  cause,  6 :  390 
Reserving  case  for,  4 :  541,  542 
Trial,  on,  see  Tmal 
Arms 

Assault  with  deadly  weapon,  punishment,  5 :  346 

Carrying  on  or  about  person,  when  unlawful,  5 :  871-872 

Carrying  without  authority  of  law,  punishment.  5 :  876 

Discharging  firearms  upon  streets  or  highways,  punishment,  5 :  602 

Drawing  deadly  weapon  in  threatening  manner,  5 :  604 

Hunting,  see  Hunting 

Mailing  of  firearms,  p.  931,  sec.  361 

Permits  to  have  and  carry,  granting,  5 :  873 

Permits  to  hunt,  granting  and  revocation,  5 :  874 

Search  of  arrested  person  for  weapons,  judge  or  magistrate  may  direct, 

6:780 
Taking  weapons  from  person  arrested,  6 :  96 
Army 

Civilian  employees  who  die  in  Canal  Zone,  disposition  of  remains,  p.  891, 

sec.  916 
Control  of  Panama  Canal  and  Canal  Zone  in  time  of  war,  2 : 8 

1048 


INDEX 

Army — Continued 

Couits-iiiartial,  powers  not  affected  by  criminal  code.  5 :  11 

Government  employees  as  reserve  officers,  leave,  p.  891,  sec.  371 

Military  survey,  injury  to  boundary  or  survey  monuments,  5 :  833 

Panama  Canal  appointees  or  employees  in  military  service,  deduction  from 

compensation,  2 :  82 
Unlawful  purchase  of  military  property,  punishment,  5 :  787 
Arraignment 
Answer  upon 

By  motion,  demurrer,  or  plea,  6:232 
Time  allowed,  6:231 
Bench  warrant 

Directing  issuance  on  failure  of  defendant  to  appear,  6 :  224 
Form  of,  on  information,  6 :  226 
Issuance,  6 :  225 

Service  in  cither  division,  6 :  227 
Bringing  defendant  before  court,  if  in  custody,  6:223 
Counsel,  assignment  for  defendant,  6 :  228 
Judgment,  arraignment  of  defendant  for,  6 :  492 
Made  how,  6  :  229 

Name,  directing  defendant  to  declare  true  name,  6 :  230 
Necessity  of,  6 :  221 
Presence  of  defendant,  6 :  222 
Time  allowed  for  answer,  6 :  231 
Arrest 

See  Bail  ;  AVarrant  of  Arrest 

Assistance  may  be  summoned  by  person  mailing,  6 :  87   88 

Attorney  may  visit  defendant,  6 :  12 

Authority,  arrest  without,  a  misdemeanor,  5 :  173 

Bail,  see  Bail 

Bail  may  arrest  defendant  for  purpose  of  surrender,  6 :  612 

Breaking  doors  or  windows  in  effecting,  6 :  94,  95,  101 

Civil  actions,  in,  see  separate  subhead,  infra 

Customs  officers,  by,  2 :  66 

Day  or  night,  when  may  be  made  in,  6:  90 

Defined,  6:81 

Delay  in  taking  person  before  magistrate,  a  misdemeanor,  5 :  174 

Duty  of  officer  arresting  with  warrant,  6 :  98 

Duty  of  private  person  who  has  made,  6 :  97 

Escape  or  rescue,  rearrest  after,  6:100,  101 

Fugitive  from  State  or  Territory,  of,  6 :  863 

How  made,  in  general,  6:82,  91 

Judgment,  arrest  of,  see  Arrest  of  Judgment 

Means  authorized  where  person  flees  or  resists,  6:93 

Oral  order  for,  for  offenses  in  presence  of  judicial  officer,  6 :  86 

Private  person  may  make,  when,  6 :  85 

Receipting  for  property  taken  from  arrested  person,  6 :  826 

Refusal  of  officer  to  make,  punishment,  5 :  172 

Refusing  to  aid  officer  in,  punishment,  5 :  175 

Resisting  officer  in  discharge  of  duty,  punishment,  5:  178 

Restraint,  amount  of  allowable,  6:11,  82 

Restricted  to  declared  crimes,  5 :  6 

Time  when  arrest  may  be  made,  6 :  90 

Warrant 

Arrest  without 

By  peace  officer,  grounds  for,  6 :  83 
By  private  person,  6  :  85 

Taking  defendant  before  magistrate,  6 :  97,  99 
Duty  to  show  warrant,  6 :  92 
Execution  in  either  division  or  subdivision,  6 :  89 
In  general,  see  Warrant  of  Arrest 
Weapons 

Search  of  arrested  person,  judge  or  magistrate  may  direct,  6 :  780 
Taking  from  person  arrested,  6 :  96 


43803—34 67  1049 


INDEX 

IN    crVTL    ACTIONS 

Arrest — Continued 
Affidavit  for 

Delivery  to  marshal  and  defendant,  4 :  296 

Requisites,  4:293 
Bail,  see  Bail 

Contempt,  person  charged  with,  4 :  1167 
Custody  of  defendant,  4  :  297 

Discharge  of  persons  imprisoned  on  civil  process,  4 :  1121-1132 
Escape,  liability  of  marshal,  4  :  313 
Execution,  arrest  on,  4 :  583,  5S5 

Exemption  from,  of  prisoner  discharged  from  arrest,  4:1129,  1131 
Filing  order  of  arrest,  return  and  copy  of  undertaking,  4 :  304 
Forcible  entry  and  detainer,  in,  4 :  1149 
Grounds  for,  4 :  292 
Judgment  debtor,  of,  4 :  5S3,  585 
Limitation  on  right  of,  4 :  291 

Magistrate's  court,  in,  4 :  731-735 ;  see  Magistrates"  Courts 
Jlotion  to  vacate,  4 :  315 
Order  for 

Delivery  to  marshal  and  defendant,  4 :  296 

Execution  of,  4  :  297 

Form  of,  4:295 

Undertaking  of  plaintiff,  4 :  294 

Vacation  of,  4 :  315,  316 

When  may  be  made,  4 :  293,  295 
Privilege  of  witness  from,  4 :  2144 

Supplementary  proceedings,  arrest  of  debtor  when  ordered,  4 :  G22 
Support  to  prisoner,  plaintiff  must  furnish,  4 :  1132 
Undertaking  for  costs  and  damages,  4 :  294,  732 
Vacating  arrest,  4  :  315,  316 
Witnesses,  of,  see  Witnesses 
Arrest  of  Judgment 

Court  may  order,  without  motion,  6 :  462 
Defendant,  when  to  he  held  or  discharged,  6 :  464 
Effect  of  allowing  motion,  6 :  463,  464 
Failure  to  state  cause  of  action,  for,  6  :  260 
Grounds  for,  in  general,  G :  461 
Jurisdiction,  objection  to  may  be  taken  in,  6:260 
Motion  for,  definition  and  time  to  make,  6 :  461 
A  rson 

Burning  property  not  subject  of  arson,  punishment,  5 :  803 
Conspiracy  to  commit,  overt  act  not  necessary,  5:82 
Definitions 

Arson,  5 :  641 

Various  terms  concerning  arson,  5 :  642 
Degrees  of,  5 :  643 

Murder  in  perpetration  of,  degree,  5 :  253 
Punishment  of,  5  :  644 
Art 

Injuring  works  of,  punishment,  5 :  834 
Assault 

Administering  poison  with  intent  to  kill,  5 :  302 
Caustic  chemicals,  with,  punishment,  5:345 
Deadly  weapon 

Assault  with,  punishment,  5  :  346 

Drawing  in  a  threatening  manner,  5 :  604 
Definition  of  assault,  5:341 

Felony  other  than  murder,  assault  with  intent   to  commit,  5:311.  312 
Magistrate,  in  presence  of,  requiring  security,  6:50 
Murder,  witli  intent  to  commit,  punishment,  5 :  301 
Officer,  by,  under  color  of  authority,  punishment,  5 :  176 
Punishment  of  assault,  5 :  342 


1050 


ItJDEX 

Assembly 

See  Unlawful  Assembly 

Disturbance  of  assembly  or  meeting,  punishment,  5 :  593 
Right  of  peaceable  assembly,  1 : 1 
Assignation 

Letting  or  keeping  house  of,  punishment,  5 :  456 
Assignments 

See  Transfer 
Chose  in  action 

Defenses  not  prejudiced  by,  ■! :  123 
May  be  transferred,  3  :  372 
Debt  secured  by  mortgage,  of,  carries  security,  3 :  2246 
Mortgage,  recording  of  assignment,  3 :  2244,  2245 
Nonnegotiable  instrument,  transfer  of,  3 :  713 
Obligations 

Burden  of,  not  transferable  without  consent,  3 :  711 
Rights  arising  out  of,  are  transferable,  3 :  712 
Oral,  transfer  may  be  when,  3 :  451 
Possibility  cannot  be  transferred,  3  :  442 
Products  of  the  mind,  3  :  383 
Property  of  any  kind  may  be  transferred,  3 :  441 
Reentry,  right  of,  may  be  transferred,  3  :  443 
Retirement  moneys  not  subject  to,  2 :  106 
Tenant,  by.  effect  of  assigning  or  subletting,  4 :  1143 
Transfer,  see  Transfer 
Assignments  for  Creditors 

Accounting  by  assignee,  3  :  2789 

Acknowledging.  3  :  2780.  2781 

Bond  of  assignee,  3  :  2787 

Cancelation  or  modification  of,  consent  of  parties  necessary,  3:2793 

Change  of  possession  not  necessary  on,  3 :  2762 

Claims  of  creditors,  how  presented,  3  :  2788 

Compensation  and  expenses  of  assignee,  3 :  2791 

Debts  which  assignment  may  provide  for,  3 :  2778 

Dividends  to  creditors,  3  :  2788 

Election  of  assignee,  3  :  2773 

Exempt  property  and  life  insurance  does  not  pass,  3 :  2790 

Form  and  requisites  of,  3 :  2771,  2772,  2780 

Insolvency  defined,  3  :  2776 

Insolvent  debtor  may  make.  3 :  2771 

Inventory,  filing,  3:2783-2786 

Liability  of  assignee  for  acts  done  in  good  faith,  3 :  2792 

Marshal 

Assignments  to  be  made  to.  3 :  2772 
Duty  to  hold  property,  3 :  2773 
Fees  and  expenses  of,  3 :  2774 
Liability  of,  on  oflScial  bond,  3 :  2787 
Transfer  to  elected  assignee  by,  3 :  2773,  2780 
Meeting  of  creditors,  3  :  2773 
Nonresidents,  by,  3  :  2777 
Powers  and  duties  of  assignee,  3 :  2775 
Preferences,  right  to  make  and  effect  of,  3 :  2777,  2779 
Recording,  3 :  2780,  2781,  2785,  2786 
Rights  and  title  of  assignee,  3 :  2782 
Secured  creditor,  rights  of,  3:2788 
Trust  company  as  assignee,  4 :  1281 
Void,  when,  3 :  2779,  2781,  2786 
Writing,  must  be  in,  3 :  2780,  2781 
Associates 

May  sue  or  be  sued  under  common  name,  4: 144 
Attachment 

Affidavit  for 

Amendment   of,  4 :  373 
What  to  contain,  4:352 
Balance  due,  how  collected,  4 :  366,  367 

1051 


ttJDEX 

Attachment — Coutinued 

Claim  of  property  by  third  person,  4 :  364 

Contents  of  writ,  4 :  354 

Debts   or   credits   due   or   belonging   to   defendant,    of,    see    Garnishment, 

this  subject 
Discharge 

Application  for,  4 :  371 

Grounds  for,  4 :  371,  373 

On  judgment  for  defendant,  4 :  368 

Opposition  by  affidavits  or  other  evidence,  4  :372 
Estate,   attachment   of   interest   in   personalty   belonging   to,   4 :  376 
Examination  of  defendant  on  oath,  4:360 
Execution  of  writ,  4  :  356 
Exempt,  what  property  is,  2  :  106  ;  4  :  590 
Form  of  writ,  4 :  354 
Garnishment 

Citing  garnishee  to  appear,  4 :  360 

Collection  by  marshal  of  debts   or  credits   attached,   4 :  362 

Disposition  of  proceeds  of  debts  or  credits  attached,   4 :  365 

Examination  of  garnishee  on  oath,  4 :  360 

Liability  of  garnishee,  4  :  359 

Manner  of  attaching  debts  and  credits,  4:  356,  358 

Memorandum  of  debts  and  credits,  garnishee  to  give,  4 :  361 

Ordering  property  delivered  to  marshal,  4 :  360 

Right  to  attach  debts  due  defendant,  4:  355 

Service  on  garnishee,  4  :356,  358 
Goods  for  which  negotiable  document  of  title  has  issued,  of,  3:1019,  1161 
Instructing  marshal  what  to  attach,  4 :  358 
Inventory  of  property  attached,  4 :  361 
Judgment  for  defendant,  proceedings  in  case  of,  4 :  368 
Judgment  for  plaintiff,  how  satisfied,  4 :  365 
Lien  of  attachment 

On  personal  property,  3  :  2316 

On  real  proiierty,  4 :  357 
Magistrate's  court,   attachment   in,   4 :  741-744 ;   see   Magistuates'   Courts 
Manner  of  attaching  property,  4 :  356 
Mortgaged  personalty,  of,  3  :  2268-2270 
Ordering  property  deliverd  to  marshal,  4 :  360 
Perishable  property 

Proceeds  of,  4 :  365 

Sale  of,  4  :  362 
Personal  property 

Attachment  pending  administration,  4  :  376 

How  attached,  4:356 
Real  property 

How  attached,  4  :  356 

Lien  of  attachment  on,  4  :  357 

Release  of  attachment  on,  4 :  374,  375 
Release  of 

On  real  property,  4 :  374,  375 

Proceedings  for,  4:369,  370 
Release  of  property  on  judgment  for  defendant,  4 :  368 
Return  of  inventory  witli  writ,  4 :  361 
Return  of  writ,  4  :  374 
Sale  of  property 

Under  execution,  4  :  365 

Where  interests  of  parties  require,  4 :  363 
Stocks,  of,  4  :  355,  356 

Surplus  remaining,  delivery  of  to  defendant,  4:366 
Time  to  issue,  4  :  351 
Undertaking  of  defendant 

For  release  of  attachment,  in  general,  4 :  354,  369,  370 

Justification  of  sureties,  4  :  370 

When  suit  may  be  brought  on,  4 :  367 

]052 


INDEX 

Attachment — Continued 

Undertaking  of  plainttiff 
Amendment  of,  4  :  373 

Disposition  on  judgment  for  defendant,  4 :  3G8 
Exception  to  and  justification  of  sureties,  4:353 
Generally,  4 :  353 
What  writ  to  state,  4:354 
When  and  in  what  oases  may  issue,  4:351 
Attempts  to  Commit  Crime 

Commission  of  crime  in  attempting  another  crime,  5 :  43 
Conviction  of,  on  trial  fur  offense,  6:414 
Extortion,  attempt  by  verl)al  tlireats,  5:687 
Former  jeopardy  as  i)ar  to  prosecution  for,  6:278 
Murder,  attempt  to  commit,  punishment,  5 :  301,  302 
Prosecution  for  attempt  though  crime  actually  committed,  5 :  42 
Punishment  in  general,  5 :  41 

Kohbery,  boarding  train  with  intent  to  rob,  5 :  294 
Train  wrecking,  attempt  to  connnit.  a  felony,  5 :  303 
Attorneys 

Admission  to  practice,  4  :  41 

Advertising  one's  self  as,  when  not  admitted,  5 :  223 

Appointment  of  substitute  in  case  of  death  or  suspension,  4 :  51 

Arrested  person,  right  to  visit,  6:12 

Assignment  for  defense  before  arraignment,  6 :  228 

Authority  of,  4 :  48 

Bonds  tiled  in  court,  attorneys  not  accepted  as  sureties  on,  4 :  45 

Buying  demands  or  suits,  a  misdemeanor,  5 :  222 

Certificate  of  admission,  4 :  42 

Change  of,  4:49-51 

Compensation  to  be  reasonable,  4:65 

Deceit  or  collusion  by,  punishment,  5 :  221 

Defendant,  right  to  counsel  in  criminal  action,  1:1;  6 :  14    228 

Delaying  suit  by,  punishment,   5 :  221 

Duties  of,  generally,  enumerated,  4 :  47 

Embezzlement,  when  guilty  of,  5 :  663 

Ethics,  code  of,  governing  attorneys,  4 :  47 

Fees  of 

Attorneys  for  infants,  4 :  1823 

In  administering  estates  and  probating  wills,  4 :  1565,  1568 

Reasonable,  to  be,  4 :  65 
Number  who  may  argue  cause,  6 :  390 
Oath,  4 :  43 

Privileged  communications  between  attorney  and  client,  4 :  1904 
Public  defender,  apix)intment,  compensation,  and  duties,  7 :  43 
Receiving  money  or  allowance  wrongfully,  punishment,   5 :  221 
Removal  or  suspension 

Accusation,  requisites  of,  4 :  54,  55 

Answer  to  accusation,  4  :  57-60 

Appearance  after  accusation,  4 :  57 

Citation  to  answer  accusation,  4 :  56 

Court  to  take  proceedings  when,  4 :  53 

Demurrer  to  accusation,  4 :  59 

Disqualified  attorney  as  plaintiff,  4 :  64 

Effect  of  judgment  of  removal  or  suspension,  4 :  63    64 

Grounds  for,  4  :  52 

Judgment,  4 :  61.  63 

Objection  to  or  denial  of  accusation,  4 :  58 

Proceedings  for,  in  general,  4 :  53 

Reference  to  take  depositions,  4:62 

Trial  of  accusation,  4 :  61 
Representing  one's  self  as,  when  not  admitted,  5 :  223 
Right  to  visit  prisoner,  6 :  12 
Roll  of  attorneys,  4  :  44 
Service  of  notices  and  papers  on,  4 :  941,  942,  946 


1053 


lUDEX 

Attorneys — Continued 
Stipulations  of,  4  :  48 
Who  may  conduct  litigation,  4 :  46 
Witnesses,  as,  4 :  1904 
Auctions 

Mock,  obtaining  money  or  property  by,  5 :  699 
Sale  by,  how  effected,  3 :  1001 
Automobiles 

See  Highways  ;  Motor  Vehicles 
Baggage 

Carrier's  liability  for  baggage  of  passenger,  3 :  14S1 
Control  of  passenger's  baggage  for  customs  purposes,  2 :  61 
Lien  of  innkeepers,  3 :  1201 

Sale  and  disposition  of  proceeds  of  unclaimed  baggage,  3 :  1202 
Sale  of  baggage  for  storage,  3 :  1137 
Bail 

See  Arrest 
Admission  to 

By  officer  in  charge  of  police  station,  6 :  564 
Defiiied.  6:541 

In  other  division  or  subdivision,  6 :  548-550 
After  verdict  or  finding  of  guilt.   Supreme  Court   may   regulate,   p.   983, 

sec.  723a 
Appeal  on 

Provisions  applicable  to,  6 :  592 
Right  to,  6 :  545 

Supreme  Court  may  regulate  allowance,  p.  983,  sec.  723a 
Terms  of,  6 :  546 
Who  may  admit  to,  6 :  591 
Civil  actions,  in,  see  separate  subhead,  infra 

Commitment,  on,  turning  undertaking  over  to  district  court,  6 :  150 
Conviction,  before 

Right  to,  6  :  543,  544 

When  and  for  what  purposes  given,  6 :  546 
Death,  offense  punishable  with,  when  bailable,  6:543 
Deposit  in  lieu  of 

Acceptance  by  officer  at  police  station,  6 :  564 
Application  to  fine  and  costs,  6 :  604 
Disposition  if  surplus  unclaimed,  6 :  604 
Disposition  in  case  of  forfeiture,  6 :  625 
Forfeiture,  6:621 

Issuance  of  certificate  of  deposit,  6 :  602 
Making  deposit  after  bail  given,  6:  603 
Refunding 

On  arrest  of  judgment,  6 :  464 
On  commitment  of  defendant  to  asylum,  6:815 
On  dismissal  of  action,  6:794 
On  surrender  of  defendant,  6:613 
On  sustaining  of  demurrer,  6 :  258 
Riglit   to  make,   6:601 

Turning  over  to  district  court  on  commitment,  6:150 
Discharge  of  defendant  on  allowance,  6:575,  592 
Discretionary,  notice  to  district  attorney,  6 :  547 
District  attorney,  notice  to 

Of  application  to  reduce,  6 :  582 
When  hail  discretionary,  6 :  547 
Excessive,  not  to  be  required,  1:1;  6 :  542 
Exoneration  of 

By  deposit,  6 :  603 

By  surrender  of  defendant,  6 :  611,  612 
On  arrest  of  .iudgnient,  6:464 
On  commitment  of  defendant  to  asylum,  6:815 
On  dismis-sal  of  action,  6 :  794 
Wliere   demurrer  sustained,  6:258 
Failure  to  give,  procedure  on,  6 :  550,  563 

1054 


INDEX 

Bail — Continued 

False  personation  in  giving,  punishment,  5:691 
Forfeiture  of 

Discharge  on  satisfactory  excuse.  6 :  622 
Disposition  of  forfeited  deposit,  6 :  625 
District  attorney  to  prosecute  action  for,  6:17 

Enforcement  by  action,  6 :  623 

Entry  on  failure  of  defendant  to  appear,  6 :  621 

Execution  on  summary  judgment  against  sureties.  6:624 
Form  of,  6 :  572.  592,  637 

Fugitive  from  State  or  Territory,  when  admitted  to,  6 :  865 
Habeas  corpus,  bail  on.  6 :  741,  742 
Increase  of,  ordering,  6 :  582 

Information,  before,  on  being  held  to  answer,  6 :  546,  571-575 
Information,  upon 

Continuation  of  bail  previously  fixed,  6 :  581 

Fixing,  increase,  or  reduction,  6 :  582 

Time  of  admission  to,  6 :  546 
Justification  by  sureties,  6 :  574,  592 
Offenses  bailable 

Before  conviction,  6 :  544 

Death,  punishable  by,  when  bailable,  6 :  543 
Preliminary  hearing 

For  appearance  at,  6 :  546 

Upon  being  held  to  answer,  6 :  546,  571-575 
Purposes  for  which  may  be  given,  6 :  546 
Qualifications  of  sureties,  6 :  573,  592 
Recommitment  after 

Arrest  in  either  division  or  subdivision,  6 :  633 

For  failure  to  appear  for  judgment,  6 :  634 

Order  for,  6:631 

Readmitting  to  bail,  6 :  635-637 
Reduction  of,  ordering,  6 :  582 
Right  to 

Offenses  bailable  before  conviction,  6:543,  544 

On  appeal,  6 :  545 

Supreme  Court  may  regulate,  p.  983,  sec.  723a 
Surrender  of  defendant,  6 :  611-613 
Taking  of,  defined,  6 :  542 
Trial  in  magistrate's  court,  for  appearance  for,  6 :  546,  561-564 

IN   CIVIL  ACTIONS 

See  Arrest  ;  Indemnity 

Acceptance  or  rejection  by  plaintiff,  4 :  304 

Allowance  of,  4 :  308 

Conditions  of,  4  :  299 

Contempt,  bail  by  person  arrested  for,  4:1166,  1168,  1173 

Deposit  in  lieu  of 

How  applied  or  disposed  of,  4 :  312 

Payment  into  court,  4  :  310 

Right  to  make,  4  :  309 

Substituting  bail  for,  4 :  311 
Discharge  of  defendant  on  giving  bail  or  deposit,  4 :  298 
Discharge  of  person  imprisoned  on  civil  process,  4 :  1121-1132 
Exonerated  how,  4 :  300,  301,  303 
How  given,  4 :  299 
How  proceeded  against,  4 :  302 

Indemnity  in  legal  proceedings,  sureties  on,  called  bail,  3 :  2049 
Justification,  4:305-307 
Marshal's  liability  as  bail.  4 :  313,  314 
New  undertaking  when  other  bail  given,  4 :  305 
Proceedings  against  on  failure  to  pay  judgment,  4 :  302 
Qualifications   of,   4 :  306 
Reduction.  4  :  315,  316 

Retention  of  original  undertaking  by  marshal.  4:304 
Surrender  of  defendant  in  exoneration,  4 :  300,  301 

1055 


INDEX 

Bailment 

See  Depositaries  ;  Deposits  ;  Garages  ;  Hiring  ;  Loan  ;  Motor  Vehicles  ; 

Pledge  ;  Warehousemen 
Embezzlement,  bailee  guilty  of  when,  5 :  665 
Lien  for  services  upon  or  keeping  of  personalty,  3 :  2311-2313 
Banks 

Checks,  see  Checks  ;  Negotiable  Instruments 
Conservation  act,  p.  892.  sees.  201-211 
Embezzlement,  banker  when  guilty  of,  5 :  663 

Hoarding,  foreign  exchange,  etc.,  regulation  in  emergency,  p.  891,  sec.  95a 
Insolvent,  receiving  deposits  in,  punishment,  5 :  756 
Letters  of  credit,  see  Lettters  of  Credit 
Lien,  banker  has,  3:2315 

Organization  of  corporations  to  engage  in  banking,  p.  892,  sees.  611-632 
Bastards 

See  Leigitimacy 
Battery 

Definition  and  punishment,  5 :  343,  344 
Bawdy-Houses 

See  Prostitution 
Beggars 

Children,   using  as,   5 :  442 
Habitual,  punishment  of,  5 :  603 
Bench  Warrant 

Form  of,  6 :  226,  490 
Issuance  on  failure  to  appear 
For  arraignment,   6 :  224,   225 
For  judgment,  6:488,  489 
Service  of,  6 :  227,  491 
Bequests 

See  Wills 
Bicycles 

Taking  for  temporary  use,  punishment,  5 :  784 
Bigamy 

Definition,  5 :  411 

Former  spouse  missing  or  marriage  annulled,  effect,  5 :  412 
Jlarrying  spouse  of  another,  punishment,  5 :  413 
Proof  of  marriages  on  trial  for,  6 :  377 
Punishment  of,   5  :  411 
What  marriages  void,  3  :  53 
Witnesses,  competency  of  spouses  as,  6 :  672 
Bills  and  Notes 

See  Brrxs  of  Exchange;  Negotiapj-e  Instruments;  Promissory  Notks 
Bills  of  Attainder 

Enactment  forbidden,  1 : 1 
Bills  of  Exceptions 
See  Exceptions 
Bills  of  Exchange 

See  Negotiable  Instruments 
Acceptance 

Date  of,  insertion  where  omitted,  3 :  2333 
Defined,    3:2501,    2591 
Dishonor  by  nonacceptance.  3  :  2526-2529 
Drawee  not  liable  before,  3 :  2492 
For  honor,  3  :  2541-2550 
In  general,  3:2501-2511 
Liability  of  acceptor,  3  :  2403 
Liability  of  acconunodation  acceptor,  3 :  2356 
Presentment  for,  3  :  2521-2526 
What  acceptor  admits,  3 :  2403 
Addressed,  may  l)e  to  drawees  jointly,  3 :  2493 
Assignment  of  fund,  is  not,  3 :  2492 
Consideration  for,  presumption  of,  4:2007 
Defined,  3 :  2491 
Definitions  of  terms  affecting,  3:  2591 

1056 


INDEX 

Bills  of  Exchange— Continued 
Delivery,  meaning  of,  3:2591 
Discharge  of,  3  :  24S1-24S7 
Dishonor 

By  uonacceptance,  3  :  252G-2529 

Notice  of,  3  :  2441-2470 
Drawees,  addressed  to  several,  jointly,  3 :  2403 
Drawing  draft  on  banlc  witli  insufficient  funds,  5-728 
Foreign 

Defined,  3:2494 

Necessity  of  protest,  3 :  2470,  2531 

Waiver  of  protest,  3  :  2463 
In  sets,  3  :  2571-2576 
Indorsement,  meaning  of,  3:2591 
Inland,  defined,  3 :  2494 
Joinder  of  parties  in  action  on,  4 :  139 
Liability,  primary  and  secondary,  3:2592 
Payment  for  honor,  3  :  2561-2567 
Presentment 

For  acceptance,  3 :  2521-2526 

For  payment,  3  :  2421-2439 
Primary  and  secondary  liability  on,  3 :  2592 
Promissory  note,  may  be  treated  as,  when,  3 :  2495 
Protest 

^f  *^o^-  Pi^esentment  to  acceptor  for  honor  or  i-eferee  in  case  of  need 
o  '.  204 1  * 

In '"  ene??  3  ^2^  ^^^^-^  ^"^  dishonored  by  acceptor  for  honor,  3 :  2550 

Not  required  except  in  case  of  foreign  bills  3  •  2470 

Referee  in  case  of  need,  3 :  2496,  2547  2549 
Bills  of  Lading 

Act  of  1916 

Application  to  shipments  wholly  within  Canal  Zone    3-1436 
Text  of  act,  p.  999,  sees.  81-124 
Bills  of  Particulars 

Delivery  of  copy  of  account  on  demand,  4 :  253 

Magistrate's  court,  in,  4 :  786 
Bills  of  Sale 

See  Grants 

Interpretation  of,  3:461-466 

Term  grant  includes,  3 :  454 

Transfer  in  writing  is  called,  3 :  454 
Birds 

See  Animals  ;   Hunting 

Protection  of  birds  and  their  nests,  2:291-293 
Board  of  Health 

See  Health 

Issuance  of  licenses  to  practice  healing  art,  2 :  372 
Board  of  Local  Inspectors 

See  Inspection  of  Vessels 
Boats 

See  Inspection  of  Vessels;  Vessels 
Bodies 

See  Dead  Bodies  ;   Cemeteries 
Boilers 

Inspection,  see  Inspection  of  Vessels 

Mismanagement  of  steam  boilers  causing  explosion,  5 :  521-523 

See  Suretyship;  Undertakings 

Administrators',  see  Executors  and  Administeatoks 

Affidavit  of  sureties,  4:963 

Appeal  to  district  court,  on,  4 :  885,  886 

Attorneys  as  sureties  on  bonds  filed  in  court,  4  •  45 

Bail,  see  Bail 

Clerk  to  copy  in  appropriate  book,  4 :  966 

1057 


INDEX 

Bonds — Continued 

Corporations  as  sureties,  4 :  962-964 

Deposits  in  lieu  of,  4 :  965 

Executors,  see  Executors  and  Administrators 

Government  or  officer  need  not  give  in  action,  4 :  968 

Guaranty,  see  Guaranty 

Guardians',  see  Guakdian  and  Ward 

Indemnity,  see  Indemnity 

New,  requirement  where  sureties  become  insufficient,  4 :  963 

Particular  proceedings,  in,  see  particular  subject 

Sureties  on,  see  Suretyship 

Time  to  file,  extension  of,  4 :  960 

Undertakings,  see  Undertakings 
Books 

As  evidence,  4 :  1968 

Inspection  of,  see  Inspection  of  Writings 

Law,  presumed  correct,  4 :  1926,  2007 

Obscene  books 

Information  for  selling,  6  :  205 
Offenses  respecting,  5 :  451—454 

Presumptions  as  to  books,  4 :  2007 
Borrowers 

See  Hieing;  Loan 
Boundaries 

Canal  Zone,  of 

Convention  with  Panama  to  establish,  p.  848 

Establishment  by  organic  act,  2 : 2 

Modification  in  respect  to  Paitilla  Point  reservation,  p.  998,  sec.  1304u 

Convention  with  Panama  to  establish,  p.  848 

Divisions  of  district  court,  of.  President  to  determine,  7 :  22 

Monuments  or  markers,  injury  to,  5 :  832,  833 

Towns  and  subdivisions  of  Canal  Zone,  of,  2:4 
Boxing  Exhibitions 

Permitted  under  regulations,  5  :  606 
Breach  of  Peace 

See  Disturbing  Peace;  Pe:ace 

Definition  and  punishment,  5  :  602,  603 

Regulations  respecting 

Authority  of  President  to  promulgate,  5 :  591 
Punishment  for  violation,  5 :  592 
Breach  of  Promise 

To  marry,  damages  for,  3 :  2658 
Bribery 

Buying  appointment  to  office,  5 :  96 

Definition  of  term  bribe,  5 :  5 

Executive  officer 

Asking  or  receiving  of  bribe  by,  5 :  93 
Giving  or  offering  bribe  to,  5 :  92 

Judicial  officer 

Asking  or  receiving  of  bribe  by,  5 :  93 
Giving  or  offering  bribe  to,  5 :  121 

Telegraph  or  cable  operator,  punishment,  5 :  854 

Witness 

Giving  or  offering  bribe  to,  5 :  166 
Taking  or  offering  to  take  bribe  by,  5 :  167 
Bridges 

Burning  of,  5  :  823 

Malicious  injury  to,  5 :  822,  826 

Receiving  compensation  for  use,  without  authority,  5 :  531 
Brokers 

See  Agency 

Authority  to  be  in  writing  when,  3  :  886 

Einbozzlemont,  when  guilty  of,  5:663 

False  statement  to  principal,  punishment,  5:  700 

Permit  to  sell  securities,  3 :  244,  245 

1058 


INDEX 

Buildings 

Burniug  building  not  subject  of  arson,  punisliment,  5 :  803 

Fixtures,  are,  3  :  257 

Lease  by  or  to  Government,  p.  986,  sees.  40a,  303b 
T,  „?^^^^"^  ^^Sns  on  public  buildings,  5 :  843 
Bullfighting 

Offenses  respecting,  5  :  608 
Burden  of  Proof 

I'resumption  of  innocence,  6 :  363 

^yho  bas,  in  general,  4 :  2031,  2032 ;  see  Evidence 
Burglary- 
Conspiracy  to  commit,  overt  act  not  necessary,  5 :  82 

Defined,  5 :  651 

Degrees  of,  5 :  652 

Murder  in  perpetration  of,  degree,  5:253 

Nighttime  defined,  5 :  653 

Possessing  or  making  burglarious  instruments.  5 :  655 

Punishment  of,  5  :  654 
Burial 

See  Cemeteries 

Bur^n^°^^^  ^^'  ^^^^  provided  for  by  public  administrator,  4 :  1704 

See  Aeson  ;  Fikes 
Business 

Regulations  concerning  carrying  on,  2:  401,  402 
Business  Days 

See  Holidays 
What  are.  3  :  8 
Business  Operations 

Of  Panama  Canal,  see  Panama  Can\l 
Cables 

See  Carriers  of  Messages 
Altering  message,  5  :  856 
Bribing  operator  to  disclose  message,  5 :  854 
Disclosing  contents  of  message,  5  :  855 
Failure  to  send  or  deliver  message,  5:  851 
Fraudulently  obtaining  or  using  message,  5 :  853 
Injury  to  telegraph  cable  markers,  5:832 
Licenses  for  landing  or  operating,  p.  996,  sees  34-^9 
Opening  or  fraudulently  obtaining  message  of  another   5  •  857 
Operator  using  information  derived  from  message  5  •  852 
Calendars  '     ' 

District  court,  of,  see  District  Court 
Canals 

See  Panama  Canax 

Irrigation  and  other  canals,  injuries  to,  5 :  837,  838 
Canal  Zone 

Additional  lands 

Acquisition  of,  2:3 

Grant  to  United  States  by  Panama,  p.  840,  art  2 
Adjunct  of  Panama  Canal,  status  as,  2 :  7 
Army  control  in  time  of  war,  2 :  8 
Boundaries  of 

Convention  with  Panama  to  establish,  p.  848 

Establishment  by  organic  act,  2  :  2 

Modification  in  respect  to  Paitilla  Point  reservation,  p.  998,  sec    1304a 
Business,  trades,  or  occupations  in,  regulation  2  •  401   402 
Census  of,  p.  892,  sec.  201 
Colombia 

Citizens  of,  crossing  Canal  Zone,  p.  864,  art.  1 

Products  of,  admission  to  entry  without  duty,  p    864    art    1 
Control  by  Governor,  2 :  7  ' 

Customs  service,  see  Customs  Service 


1059 


I2JDEX 

Canal  Zone — Continued 
Deportation 

Of  persons  from,  2  :  141 

Return  of  persons  deported,  punishment,  2 :  142 
Establishment  and  designation,  2:2 
Exchange  of  land,  2  :  3 
Exclusion  of  persons,  2 :  141 

Funds,  see  Accounting;  Finance;  Public  Moneys 
Government  of 

By  President  through  Governor  and  others,  2 :  5 

Criminal  actions  prosecuted  in  name  of,  6:5 

Criminal  processes  to  be  in  name  of,  6 :  6 

Duties  of  Governor  respecting  civil  government,  2 :  7 

Fines,  debts,  and  forfeitures  accruing  to,  district  attorney  to  recover. 
6:17 

Funds,  see  Accounting;  Finance;  Public  MoNETi's 

In  general,  see  Government 

Legal  proceedings  for,  district  attorney  to  conduct,  7 :  38 
Grant  to  United  States  by  Panama,  p.  840,  art.  2 
Importation  of  articles  or  merchandise,  see  Customs  Service 
Islands  witliin  limits,  grant  to  United  States,  p.  840,  art.  2 
Licenses  in,  see  Licenses 
Liquors,  transit  through,  p.  862 
Officers  of 

In  general,  see  OFFicinjs 

Survival  of  actions  against,  p.  984,  sec.  780 
Postal  service,  see  Postal  Service 
Private  property  rights   in,   appraisal   and   settlement   of   damages   to,   p. 

841,  art.  6. 
Public  lands,  2  :  301-304 ;  see  Public  Lands 
Purchase  of  supplies  for  use  in,  without  advertising,  2 :  351 
Right  of  persons  to  enter,  remain  upon,  or  pass  over,  2 :  141 
Rights  and  authority  within,  grant  to  United  States,  p.  841,  art.  3 
Taxes  in,  see  Taxes 
Towns  and  subdivisions  of 

Establishment  authorized,  2 :  4 

Magistrate's  court  in  each  town,  7 :  1 

Revocable  licenses  for  lots  in  town  sites,  2 :  304 
Waters  of 

Access  to  Colon  harbor  through,  p.  854,  art.  7 

Anchorage  and  movement  of  vessels  in  time  of  emergency,  2 :  12 

Grant  of  use  to  United  States,  p.  841,  art.  4 

In  general,  see  Waters 

Inspection  of  vessels  navigating,  see  Inspection  or  Vessels 

Regulation  of  navigation,  2  :  9 
Cancelation 

See  Rescission 

Extinction  of  contract  by,  3  :  963,  964 
Instruments,  of,  in  general,  3 :  2731-2733 
Will,  of,  3  :  539,  540 
Candy 

Adulterating  or  selling  adulterated  candy,  5 :  543 
Carelessness 

See  Negligence 
Caricatures 

Publication  of,  punishment,  5 :  363 
Carriers 

See  Carriers  of  Goods  ;   Carriers  of  Messages  ;   Carriers  of  Passengers 

Common,  who  are,  3:1471 

Componsatifm  of  common  carriers,  3 :  1473 

Contract  of  carriage  defined,  3 :  1391 

Damages  lor  not  receiving  freight,  messages,  or  passengers,  3:2654 

Delay,  damages  for,  3  :  2656 

Einbezzloment.  when  guiltv  of.  5:604 

Gratuitous,  obligations  of.' 3  :  1394-1401.  1431 

1060 


ItfDEX 

Carriers — Continued 

Insurable  interest,  have,  3 :  1883 
Kinds  of,  3:  1392 
Liabilitj'  of 

For  injuries  to  employees,  p.  989,  sees.  52-59 
General  rule,  3:  3491 
Limiting  liability,  3 :  1474-1477,  1494 
Marine  carriers,  provisions  inapplicable  to,  3 :  1393 
Overcharges  by  agents,  punishment,  5:688 
Reward,  carriers  without,  obligations,  3:1394-1401 
Carriers  of  Goods 

Baggage,  see  Baggage 

Bills  of  lading,  see  Bills  of  Lading 

Care  and  diligence  required  of  carrier,  3 :  1431 

Connecting  carrier,  proof  by  initial  carrier  in  case  of  loss,  3 :  1490 

Damages  for  breach  of  obligation  to  deliver,  3 :  2655 

Definitions,  3 :  1421 

Delay 

Damages  for,  3  :  2656 
Liability  for,  3 :  1493 
Delivery 

Not  accepted,  rights  and  duties  of  carrier,  3: 1436 
Not  made,  obligations  of  carrier,  3 :  1435 
Of  freight,  place  and  manner  of,  3 :  1434 
To  connecting  carrier,  3  :  1495 
Directions  of  consignor  or  consignee,  obedience  to,  3 :  1432,  1433 
Exemptions  do  not  excuse  if  negligent,  3 :  1492 
Freightage 

Apportionment  of,  3  :  1455-1457 
Lien  for,  3:1459 

On  carriage  farther  or  more  expeditiously  than  agreed,  3:145S 
Payable  by  whom,  3 :  1452,  1453 
Payable  when,  3 :  1451 
Letters  containing  valuables,  loss  of,  3 :  1477 
Liability,  extent  of  generally,  3 :  1491 
Lien,  3:1459 

Limitation  of  liability,  3 :  1474-1477,  1494 
Notice  of  arrival,  duty  to  give  where  not  delivered,  3 :  1435 
Obligations  of 

In  general,  3  :  1431-1436 
To  accept  freight,  3  :  1472 
Services  of,  other  than  of  carriage  and  delivery,  3 :  1497 
Warehouseman,  carrier  when  liable  as,  3 :  1435,  1436 
Carriers  of  Messages 

See  Cables  ;  Telegraphs  ;  Telephones 
Common  carriers,  who  are,  3 :  1471 
Damages  fur  breach  of  obligation  to  accept,  3 :  2654 
Degree  of  care  and  diligence  required  of,  3 :  1461 
Carriers  of  Passengers 
Baggage 

Control  of,  for  customs  purposes,  2 :  61 
Liability  for,  3  :  1481 
Care  required  of  gratuitous  carrier,  3 :  1401 
Duties  of  carriers  of  persons,  in  general,  3 :  1411-1415 
Ejection  of  passengers,  3 :  1484,  1485 
Fares,  when  may  be  demanded,  3 :  1483 
Liability,  how  excused,  3  :  1491 
Limitation  of  liability,  3  :  1474-1476 

Radio  equipment  on   ocean-going  vessels  using  ports,  2:361,  362 
Rate  of  speed,  and  delays,  3 :  1415 
Refusal  to  receive  passenger,  punishment,  5 :  375 
Rules  and  regulations,  authority  to  make,  3 :  1482 
Tickets 

Counterfeiting,  5 :  739 

Evaluation  in  larceny,  5  :  776 

Larceny  of  where  completed  but  not  delivered,  5 :  777 

1061 


INDEX 

Carriers  of  Passengers — Continued 

Treatment  of  passengers,  3 :  1414 

Vt  hides 

Not  to  be  overcrowded,  3 :  1413 
To  be  tit  and  safe,  3 :  1412 
Cause  of  Action 

See  Actions 
Caustic  Chemicals 

Assault  with,  punishment,  5 :  345 

Federal  caustic  poison  act,  p.  893,  sees.  401-411 
Cemeteries 

Bodies 

Interment  elsewhere  than  in  cemetery,  5 :  484 

Multilation  of,  punishment,  5 :  481 

Removal  of  bodies  or  parts  thereof,  punishment,  5:  481,  482 

Defacing  tombs  or  monuments,  punishment,  5 :  483 

Injuring  shrubbery,  fences,  etc.,  punishment,  5 :  483 
Census 

Canal  Zone,  of,  p.  892,  sec.  201 
Certificates 

See  Certified  Copies 

Acknowledgments,  see  Acknowledgments 

Copies,  to,  what  to  state.  4 :  1949 

Evidence,  as,  see  Evidence 

False,  by  pul)lic  olRcer,  a  felony,  5 :  183 

Invoices,  fee  for  eertitication  by  customs  officers,  2 :  67 

Marriage,  of,  3 :  61,  63 

Official  papers,  certification  by  certain  Canal  officers,  2:41 

Proof  of  instrument,  certificate  of,  what  to  state,  3 :  506 

Proof  of  will,  of,  4 :  1236,  1237 

Recording  officers,  of,  are  prima  facie  evidence,  4 :  1851 

Redemption,   of,  4  :  604 

Seal  to,  4  :  25,  1949 

Service  of  summons,  of,  4 :  170 

When  complete  under  perjury  laws,  5 :  147 
Certified  Copies 

See  Ceutificates 

Custodian  of  public  writing  bound  to  give,  4 :  1921 

Form  of  certificate  by  public  officer,  4 :  1949 

Judicial  records,  of,  4:1931-1933 

Seal  to  be  affixed  to,  4 :  25,  1949 
Certiorari 

See  Revietw,  Writ  of 
Challenge 

See  Jurors;  Jury 
Chambers 

Powers  of  judge  at,  see  District  Judge 
Champerty 

Punishment  of,  5 :  222 
Change  of  Name 

See  Names 
Change  of  Venue 

See  Place  of  Trial 
Charge 

See  Instructions 
Charity 

Raffies  or  gift  enterprises  for,  5 :  477 

Restrictions  on  bequests  to,  3 :  559 
Chattel  Mortgages 

Acknowledgment,  3  :  2264,  2265 

Affidavit  of  good  fnith,  3:2264 

AttacluDeiit  of  the  property,  3:2268-2270 

Certification,  3  :  2204,  2265 

Execution  against  the  ]n-operty,  3 :  2268-2270 

Executor  or  administrator  borrowing  money  on,  4:1508 

Foreclosure,  manner  of,  3:2267;   see  Fokeci-osure  of  IMortgages 

10(;:j 


INDEX 

Chattel  Mortgages— Continued 

Form  of,  3:22G3 

Growing  crop,  continuance  on  after  severance   3  •  '>272 

Proof  of ,  3  :  2264,  2265  '      ' 

Property  whicli  may  be  mortgaged,  3  •  2'>61 

Recording,  3 :  2264.  2265 

Removal  of  property  from  Canal  Zone  forl)id(len   3  •  '>'^66 

SalTof' property'  ^"''^''^''  "''^"'^^''^^"^"^  ^^  mortgagor,  punishment,  5:697 

By  mortgagee,  manner  of,  3:2267 

Under  process,  distribution  of  proceeds,  3 :  2270 
Ship,  certain  sections  not  applicable,  3 :  2271 
Stock  in  trade  as  subject  of,  3 :  2262 
Transfer,  when  deemed  mortgage,  3:2234 
Validity  where  not  made  in  conformity  to  law   3  •  2273 
Cheat  ' 

See  False  Personation  ;  False  Pretenses  :  Fraltd 
Checks 

See  Negotiable  Instruments 

Acceptance,  effect  of,  3:2585 

Assignments,  do  not  operate  as,  3  :  2586 

Bank  not  liable  until  accepted  or  certified,  3 :  2586 

Bills  of  exchange,  rules  applicable  to,  apply  to  checks,  3 :  2582 

Certification,  effect  of,  3:2584,  2585 

Defined,  3 :  2582 

Discharge  of  drawer  by  delay  in  presentment  for  payment    3  •  2583 

Drawing  with  insufficient  funds,  5 :  728  ^  .      • 

Forgery  of,  5  :  721 

Making,  possessing,  or  uttering  fictitious,  5 :  727 

Nonpayment  of  by  bank,  damages  for,  3 :  2659 

Presentment  for  payment,  time  for,  3  :  2583 
Chemicals 

See  Drugs  ;  Poisons 

Caustic,  assault  with,  5 :  345 
Children 

See  Infants  ;  Parent  and  Child 
Choses  in  Action 

Assignment  of,  not  to  prejudice  defenses,  4 :  123 

Buying  by  attorney,  a  misdemeanor,  5  :  222 

Defined,  3 :  371 

Larceny  of 

Evaluation,  5 :  775 

Where  completed  but  not  delivered,  5 :  777 

Presumption  as  to  value  of,  3 :  2672 

Sales  of,  statute  of  frauds,  3 :  984 

Subject  of  embezzlement,  5 :  667 

Survival  of,  3  :  372 

Transfer  of,  3 :  372 
Circuit  Court  of  Appeals 

Appeal  to,  see  Appeal 

Appellate  jurisdiction,  7 :  61 ;  p.  982,  sec.  225 

Practice  and  procedure  on  appeal  to,  7 :  62 

Settlement  of  bill  of  exceptions  by,  4 :  527 ;  6 :  443 
Citation 

Probate  proceedings,  issuance  and  service  in,  4 :  1683-1687 
Citizenship 

Discretion  as  to  extradition  of  citizens  to  Panama,  6 :  882 
^.   .,^'^<^^\^^  ^^  Virgin  Islands  residing  in  Canal  Zone, 'of, "p.  889,  sec   5b 
Civil  Actions 

See  Actions 
Civil  Code 

Construction,  rules  of,  3 :  4,  5 

Definition  of  terms,  3  :  12 

Effective  date,  3 :  2 


1063 


IIJDEX 

Civil  Code — Continued 
Name  of  3  : 1 

Not  retroactive,  3  :  3,  511,  560,  603 
Pending  actions  not  affected  by,  3:6 

Subordination  of  certain  provisions  to  intention  of  parties,  3 :  2601 
Civil  Procedure 

See  subject  in  question 

Adoption  of  suitable  procedure  where  none  provided,  4 :  35 
Agreed  case,  see  Agreed  Case 
Argument,  see  Tbial 
Bill  of  exceptions,  see  Exceptions 
Code  provisions  applicable  to  magistrate's  court,  4 :  847 
Confession  of  judgment,  see  Confession  of  Judgment 
Constiniction  of  code  provisions,  general  rules,  4 :  4 
Construction  of  words  and  phrases  in  code,  4 :  7 
Costs,  see  Costs 

Definitions  of  certain  terms  used  in  code,  4 : 8 
Deposits  in  court,  see  Deposits  in  Court 
Effective  date  of  code,  4 :  2 
English  language,  proceedings  to  be  in,  4 :  34 
Error  disregarded  unless  substantial,  4 :  277 
Evidence,  see  E\'idence 
Exceptions,  see  Exceptions 
Execution,  see  Execution 

Inspection  of  writings,  see  Inspection  of  Writings 
Interpleader,  see  Interpleader 
Issues,  see  Issues 
Judgment,  see  Judgment 

Magistrate's  court,  in,  see  Magistbates'  Courts 
Motions,  see  Motions 
Name  of  code,  4 : 1 
Orders,  see  OpvDers 
Parties,  see  Parties 

Pleading,  see  Answer  ;  Complaint  ;  Cross-Complaint  ;  Demurreb  ;  Pleamng 
Retroactive,  code  is  not,  4 : 3 
Special  proceedings,  see  Special  Proceedings 
Time,  extension  of,  power  as  to,  4 :  275,  960 
Trial,  see  Trial 
Witnesses,  see  Witnesses 
Civil  Rights 

Enumeration  of  personal  and  civil  rights,  1:1;  3 :  41 
Claim  and  Delivery 
Affidavit  for 

Correcting  misstatement  of  value  in,  4 :  275 
Indorsement  requiring  marshal  to  take  pi'operty,  4 :  323 
Must  state  what,  4:322 
Concealed  property,  how  taken,  4 :  329 
Delivery,  when  may  be  claimed,  4 :  321 
Exception  to  plaintiff's  sureties,  4 :  325 
Filing  of  notice,  undertaking  and  affidavit,  4 :  332 

Fraudulent  concealment  of  property  by  defendant,  punishment,  5:231 
Judgment,  4 :  544 

Justification  of  sureties,  4:325,  327 
Keeping  of  property  by  marshal,  4 :  330 
Magistrate's  court,  in,  4:751;  see  Magistrates'  Courts 
Possession  of  personal  property,  how  recovered,  3 :  2691,  2692 
Protection  of  plaintiff  in  possession  of  property,  4 :  333 
Qualifications  of  sureties,  4  :  328 
Redelivery,  when  defendant  entitled  to,  4 :  326,  327 
Requisition  to  marshal  to  take  property,  4 :  323 
Service  of  copy  of  affidavit,  notice  and  undertaking,  4 :  324 
Taking  of  possession  by  marshal,  4:324 
Third  person,  claim  of  property  by,  4 :  331 
i:itle,  effect  of  judgment  on,  4 :  1934 

1064 


INDEX 

Claim  and  Delivery — Continued 
Undertaking 

Action  on,  showing  true  value,  4 :  275 

Of  defendant  for  return  of  property,  4 :  326 

Of  plaintiff,  4:324 

Verdict  in,  requisites  of,  4 :  484 
Claims 

See  Estates  of  Decedents 

Adverse,  4 :  661-670 ;  see  Adverse  Claim 

Convention  with  Panama 

For  settlement  of  claims,  p.  856 
Modifying  claims  convention,  p.  861 

For  damages  to  vessels,  et  cetera,  in  passing  through  locks,  2 :  10 

Fraudulent,  presenting  to  public  officer,  5 :  102 
Clerk  of  District  Court 

Acknowledgments,  may  take,  3  :  491 

Affidavits,  may  take,  4 :  2074 

Appointment  and  compensation,  7  :  36 

Assignment  of  duties  by  district  judge,  6 :  842 

Assistant  clerks,  powers  respecting  deposits  in  court,  4 :  397 

Bonds 

Authority   of   clerk    to    accept    cash    deposits    in    lieu    of,    4 :  965 
Copying  by  clerk  in  appropriate  book,  4 :  966 

Calendars  of  pending  actions,  keeping  of,  4 :  436 ;  6 :  311 

Depositions,  may  take,  4  :  2101 

Deposits  in  court,  duties  respecting,  see  Deposits  in  Coxirt 

Deputy  clerks  and  clerical  assistants,  appointment  and  compensation,  7 :  36 

Disposition  of  unclaimed  funds  by,  4 :  398 

Dockets,  keeping  of,  see  District  Court 

Ex-officio  registrar  of  property,  as,  4 :  967 

Fees,  see  Fees 

Handling  of  funds  deposited  in  court,  4 :  393-397 

Indorsement  on  complaint  by,  4 :  162 

Judgment  roll,  to  make  up,  4:  547 

Judgments,  entry  of,  4 :  541,  545,  548 

Marriage  licenses,  issuance  of,  3 :  61 

Marriages,  issuance  of  licenses  to  perform,  3:  62 

Minute  books,  recording  court  proceedings  in,  4 :  958 

Oaths  and  affirmations,  may  administer,  4 :  2171 

Revenues  to  be  turned  over  to  collector,  6 :  843 

Roll  of  attorneys,  to  keep,  4 :  44 

Service  of  notices  and  papers  on,  4 :  942,  946 
Clubhouses 

Altering  checks  or  coupons  of,  5 :  741 
Coaling  Stations 

Agreement  by  Panama  to  sell  or  lease  sites,  p.  847,  art.  25 
Coast  and  Geodetic  Survey 

Injury  to  boundary  or  survey  monuments  of,  5 :  833 
Cock  Fighting 

Offenses  respecting,  5  :  608 
Codicils 

See  Wills 
Coins 

Counterfeiting,  5  :  729  ;  p.  910,  sees.  277,  278 

Counterfeiting  dies  for  foreign  coins,  p.  911,  sec.  284 

Falsifying,  mutilating,  or  lightening,  p.  911,  sec.  279 

Tokens  similar  to  coins,  making,  etc.,  p.  911,  sec.  285 
Collateral  Security 

See  Pledge 
Collector  of  Panama  Canal 

Accounting  by  collecting  officers  of  Canal,  2:32 

Clerk   of  court,   revenues   collected   by,   to   be   turned   over   to,    6*843 

Deposit  in  lieu  of  bail 

Turning  over  to  on  forfeiture,  6 :  625 
Turning  over  unclaimed  surplus  to,  6 :  604 

93803— .34 68  1065 


INDEX 

Collector  of  Panama  Canal — Continued 

Deposit  ^^'ith,  where  claimant  against  estate  cannot  be  found,  4 :  1494 

Esclieated  property,  handling  of  proceeds  of,  4 :  1182,  1184,  1185 

Estate  of  decedent  distributed  to,  when,  4 :  1651,  1663,  1664 

Fees  collected  by  judicial  ofticers,  payment  to,  4 :  981 

Public  administrator's  commissions  to  be  paid  to,  4 :  1715 

Stolen  or  embezzled  property,  delivery  of  proceeds  to,  6 :  825 

Unclaimed  court  funds,  receipt  and  handling,  4 :  398 
Collisions 

See  MoTOE  Vehicles 

Causing  railroad  collision  resulting  in  death,  punishment,  5 :  524 
Colombia 

Protocol  for  exchange  of  treaty  ratifications,  p.  866 

Treaty  with,  for  settlement  of  differences,  p.  864 
Colon,  City  of 

Acquisition  of  property  in,  right  of  United  States,  p.  842,  art.  7 

Boundary  between  Canal  Zone  and,  p.  852,  art.  5 

Canal    auxiliaries    or    employees    in,    exemption    from    taxation,    p.    843, 
art.  10 

Freedom  from  charges  on  certain  vessels,  p.  843,  art.  9 

Harbor  of 

Boundaries  of,  p.  853,  art.  6 
Easement  for  access  to,  p.  854,  art.  7 

Public  order,  maintenance  in,  p.  842,  art.  7 

Sanitation,  enforcement  of,  in,  p.  842,  art.  7 

Sewer  system  and  sewerage  rates  in,  p.  842,  art.  7 

Use  of  city  and  harbor  by  United  States,  p.  843,  art.  9 

Water  system  and  water  rates  in,  p.  842,  art.  7 
Commerce 

Offenses  against   foreign  and   interstate  commerce,  p.   932,   sees.  381-404 
Commissaries 

Altering  checks  or  coupons  of,  5 :  741 
Commission  Merchants 

See  Factors 
Commissions 

For  examination  of  witnesses,  see  Depositions 
Commitment 

After    preliminary    hearing,    in    general,    6 :  141-143 ;     see    Preliminary 
Hearing 

Costs  for  issuing  warrant  of,  on  sentence,  6 :  392 

Defective,  habeas  corpus  proceedings  on,  6 :  738-741 ;  see  Habeas  Corpus 

Defendant  under  bail  appearing  at  trial,  commitment  of,  6 :  391 

Failure  to  give  bail,  on,  6 :  563 

Fugitive  from  State  or  Territory,  of,  6 :  863,  864 

Insane  defendant,  of,  to  asylum,  6 :  814 

Mittimus,  furnishing  to  officer  charged  with  executing  judgment,   6 :  511 

Recommitment  after  giving  bail,  6 :  631-637 

Warrant  of,  in  contempt,  4 :  1165 
Common  Carriers 

See  Carriers 
Common  Law 

Statutes  in  derogation  of,  construction  of ,  3  :  4  ;  4  :  4 

Unwritten  law  defined,  4 :  1925 
Community  Property 

See  Divorce;  Husband  and  Wife 
Compensation 

Compensatory  relief,  see  Damages 

For  injuries  to  employees,  see  Injuries  to  Canal  and  Railroad  Employees 

Remedy  provided  by  law  is,  3 :  2611 
Complaint 

See  Pleading 

Action  commenced 

By  filing  complaint,  4 :  161 
When  complaint  filed,  4 :  101 

Allegations  not  controverted,  deemed  true,  4 :  260 

1066 


INDEX 

Complaint — Continued 
Amendment  of 
.    In  general,  4 :  274,  275 ;  see  Amendment 

Proceedings  on,  4 :  213 
Annexing  written  instrument,  4 :  242 
Contains  what,  4 :  202,  203 

Criminal  actions  or  proceedings,  in,  see  separate  subhead,  infra 
Demurrer  to 

In  general,  4 :  193,  211,  212 ;  see  Demxjrrhb 

Time  to  amend  where  demurrer  sustained,  4 :  278 
Description  of  real  property,  in,  4:  254 
Fictitious  name,  when  party  may  be  sued  bv,  4 :  276 
First  pleading  of  plaintiff,  4 :  201 
Indorsement  of  day  of  filing,  4 :  162 
Inspection  of  instrument  where  copy  annexed,  4:  244 
Joinder  of  actions  in,  4 :  204 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Material  allegations,  what  are,  4 :  261 
Objections  to 

How  taken  when  not  apparent  on  face,  4 :  214 

When  deemed  waived,  4:  215 
One  form  of  action  only,  4 :  71 
Particular  actions,  in,  see  particular  subject 
Pleading,  as  a,  4:  193 

Separate  statement  of  causes  of  action,  4 :  204 
Service  with  summons,  4:  165 
Signature  to,  4:  241 
Supplemental,  when  allowed,  4:  262 
Variance,  amendment,  4:  271,  272 
Verification  of,  4 :  241 ;  see  Verification 

IN    CRIMINAL   ACTIONS    OR   PROCEEDINGS 

See  Information 
Affidavit  of  complaint 

Amendment  in  district  court  on  appeal,  6 :  135 

As  prerequisite  to  issuance  of  warrant,  6 :  72 

Requisites,  6:  73 
Before  magistrate  of  threatened  offense,  6:  41 
Compounding 

Crime,  punishment  for,  5:  181 
Compromise 

See  Accord  and  Satisfaction 
Executor,  by,  4:  1528 
Guardian,  authority  of,  4:  127 
Infant's  claim,  by  parent,  4:  1824 
Offenses,  of,  6:  801-804 
Offer  of 

As  evidence,  4 :  797,  911,  2154 

Before  trial  in  magistrate's  court,  4 :  797 

How  made,  and  its  effect,  4 :  911 

Not  an  admission  that  anything  due,  4 :  2154 
Without  seal  valid,  4:  1966 
Concealment 

Insurance,  in,  see  Insurance 
Of  crime 

Liability  as  accessory,  5:  53 

Punishment  for  compounding  crime,  5 :  181 
Of  property  by  debtor,  punishment  of,  5 :  231,  232 
Conception 

Advertising  means  for  prevention,  punishment,  5 :  423 
Mailing  articles  designed  to  prevent,  p.  920,  sec.  334 
Conditional  Examination 

Of  witnesses  in  criminal  actions,  6 :  14,  147,  689--691 ;  see  Witnesses 
Perpetuating  testimony  of  witnesses  in  civil  actions,  4 :  2161-2167 

1067 


INDEX 

Conditional  Sales 

Cases  not  provided  for,  rules  for,  3:  1085 
Definitions,  3:  1061 
Disposal  of  goods  by  buyer,  3 :  1071 
Filing  of  contracts 

Manner  of,  3:  1068 

Place  of,  3 :  1066 
Filing  of  statement  of  satisfaction,  3 :  1070 
Fraudulent  injury,   concealment,   removal,  or  sale   of   goods,  punishment, 

3:  1072 
Increase  of  goods,  3 :  1084 

Performance  of  contract,  statement  of  satisfaction  after,  3 :  1070 
Primary  rights 

Of  buyer,  3  :  1063 

Of  seller,  3:  1062 
Refiling  of  contracts,  3 :  1069 
Removal  of  goods  from  Canal  Zone 

Penalty  for  fraudulent,  3  :  1072 

Without  notice,  3:  1071 
Resale 

At  option  of  parties,  3 :  1077 

Compulsory  by  seller,  3  :  1076 

Conditional  sale  of  goods  for,  3 :  1067 

Deficiency  on,  3 :  1079 

Proceeds  of,  3:  1078 

Rights  of  parties  where  there  is  no  resale,  3 :  1080 
Rescission,  provisions  in  contract  for,  by  seller,  3 :  1083 
Retaking  of  possession  by  seller 

Election  of  remedies,  3:  1081 

Failure  to  comply  with  law,  damages,  3 :  1082 

Notice  of  intention,  3 :  1074 

Redemption  by  buyer,  3 :  1075 

Right  of,  3:  1073 
Risk  of  loss,  3:  1084 
Validity 

As  to  purchasers  without  notice  before  filing  of  contract,  3 :  1065 

In  general,  3:  1064 
Waiver  of  statutory  protection,  3 :  1083 
Confession  of  Judgment 

Costs  on  entry  of,  4 :  1103,  1104 

Divorce,  procedure  where  bill  is  taken  as  confessed,  3 :  114 
Entry  without  action,  4 :  1101 

Filing  statement  and  entering  judgment,  4 :  1103,  1104 
In  magistrate's  court,  4 :  1104 ;  see  Magistrates'  Courts 
In  what  cases  may  b6  entered,  4 :  1101 
Procedure  on,  4:  1102-1104 
Conflict  of  Laws 

Contracts,  law  governing  interpretation  of,  3 :  912 ;  4 :  1875 
Limitation  of  actions,  4 :  111 
Marriages  out  of  Canal  Zone  valid,  3 :  68 
Offense  committed  out  of  Canal  Zone,  5 :  56,  788 
Personalty,  law  governing,  3 :  361 
Confusion  of  Goods 

Ownership  of  things  formed  by,  3 :  413-420 ;  see  Accession 
Congress 

Proceedings  of,  how  proved.  4 :  1944 
Consanguinity 

AflBnity,  meaning  of ,  4 :  8 
Computed  how,  3:  636-641 

Marriages  void  between  persons  related  by,  3 :  53 
Consent 

Contract,  to,  see  Contracts 
Wrong,  effect  of  consent  to,  3 :  2837 
Consideration 

See  Contracts 
Ascertained,  how,  3 :  867 

1068 


INDEX 

Consideration — Continueil 

Burden  of  proof  to  show  want  of,  3 :  871 

Executed  or  executory,  may  be,  3 :  865 

Executory,  need  not  be  specified,  3:  866 

Existing  legal  obligation  as,  3 :  862 

Failure  of,  rescission  for,  3:  952 

Good,  defined,  3:  861 

Illegal  in  part,  effect  of,  3 :  864 

Impossibility  of  ascertaining,  effect  of,  3:  868,  869 

Lawful,  must  be,  3 :  863 

Moral  obligation  as,  3 :  862 

Not  necessary  on  voluntary  transfer,  3:  432 

Presumption  of,  from  writing,  3 :  870 ;  4 :  2007 

Separation  contract  between  spouses,  for,  3:  136 

Voluntary  transfer,  in  case  of.  3 :  432 

Written  instrument  presumptive  of,  3:  870 
Conspiracy 

Acts  or  declarations  of  conspirator,  admissibility  of  4  •  1888 

Defined,  5 :  81 

Information  for  conspiracy  to  cheat  or  defraud,  6 :  204 

Offenses  against  United  States,  to  commit,  p.  905,  sec   88 

Overt  act,  necessity  of,  5:  82 

Proof  of  overt  act,  6 :  378 

Punishment  of,  5:  81 

Seditious  conspiracy,  p.  899,  sec.  6 
Constables 

See  Officeks;  Peace  Officers 

Appointment,  term,  and  compensation,  7:  4 

Bonds  of,  rules  authorized  governing,  7:  6 

Duties  of,  rules  authorized  governing,  7:  6 

Fees  for  various  services  including  service  of  process,  4 :  986   987 

Oath  of ,  7 :  5 

Peace  ofllcers,  are,  6:  84 

Purchase  of,  or  interest  in,  judgment,  punishment,  5  •  128 
Construction 

Action  to  construe  writings,  see  Declaratory  Relief 

Contemporaneous  construction  is  the  best,  3  :  2857 

Contracts,  see  Contracts 

Grants,  see  Grants 

Information,  words  used  in,  6 :  188 

Interpretation 

Giving  effect  preferred  to  one  making  void,  3  •  2863 
Must  be  reasonable,  3  :  2864 

Particular  expressions  qualify  general,  3  :  2856 

Pleadings  liberally  construed,  4 :  251 

Statutes,  see  Statutes 

Words  and  phrases,  see  Words  and  Phrases 

Written  instruments,  see  Written  Instruments 
Constructive 

Delivery,  3 :  459 

Notice,  see  Notice 

Service,  by  publication,  see  Summons 
Contempt 

Affidavit  of  facts  constituting,  4 :  1164 

Affidavit  or  deposition,  refusal  to  subscribe,  4 :  2046 

Arrest  and  detention  of  person  charged,  4  :  1167   1174 

Bail  by  arrested  person,  4 :  1166,  1168,  1173 

Criminal  act  which  is  also  contempt,  punishment    5-'>9-  6-496 

Detention  of  person  arrested,  4 :  1167   1174  '      "    ' 

Hearing,  4  :  1170 :  5 :  212 

Imprisonment  until  performance,  4:1172 

Inspection  of  writings,  disobedience  of  order  for  4  •  901 

Judgment.  4:  1161,  11(J2,  1171;  5:211,  212 

Judicial  officer  may  punish  for,  4 :  32 

Mandamus,  disobeying,  4 :  1061 

1069 


INDEX 

Contempt — Continued 

Misbehavior  of  officer  of  court,  4 :  1163  ;  5  :  212 
Nonappearance  by  person  arrested  for  contempt,  4 :  1173,  1174 
Officer  taking  proof  of  instrument  may  punish  for,  3  :  507 
Process,  disobedience  to 

Civil  process,  4:  1163 

Criminal  process,  5 :  212 

Process  issued  at  request  of  Canal  officers,  2 :  43 
Punishment,  4 :  1161,  1171 ;  5 :  211,  212 
Rescue  of  person  or  property  in  custody,  4  :  1163 ;  5 :  212 
Return  of  vparrant  and  undertaking,  4 :  1169 
Supplementary  proceedings,  disobeying  orders  in,  4 :  628 
Warrants  of  attachment  and  commitment,  4 :  1165 
What  acts  constitute,  in  general,  4:  1161,  1163;  5:  211,  212 
What  contempts  punishable  summarily,  4  :  1161 ;  5  :  211  1 

Witnesses  | 

Arrest  of  witness  as,  4 :  2145 

Disobedience  of  subpeua  as,  4:  1163,  2046;  5:  212;  6:  658 

Refusal  to  be  sworn  or  testify,  4 :  2046 
Contest 

Probate,  of,  see  Wills 
Continuance 

Al)sence  of  evidence  or  material  witness,  for  4:  438 

Adjournment  while  jury  out,  4 :  471 

Affidavit,  use  to  obtain  stay  of  proceedings,  4 :  2071 

Costs  as  condition  of,  4 :  1008 

Criminal  actions 

Costs  for,  on  motion  of  defendant,  6 :  392 

Pending  examination  of  witness  on  commission,  6 :  706 

Stay  of  proceedings  upon  compromise,  6 :  802,  804 

When  and  how  ordered,  6 :  322,  792 
Depositions 

For  nonreturn  of,  4 :  2095 

Taking  depositions  of  witnesses  on,  4 :  439 
Final  distribution  of  estate,  hearing  for,  4 :  1625 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Contraception 

Advertisement  of  means  for,  punishment,  5 :  423 
Contracts 

Acceptance 

By  accepting  consideration  or  performing  conditions,  3 :  840 

Communicated  how,  3 :  838 

Must  be  absolute  and  unqualified,  3 :  841 

Obligations,  of,  by  acceptance  of  benefits,  3 :  845 

Offer  may  be  revoked  before,  3 :  842 

When  deemed  complete,  3 :  839 
Actions  on 

Actions  to  construe,  see  Declaratory  Relief 

Damages  for  breach 

In  general,  see  Damages 

Measure  of,  general  rules,  3:2651,  2653 

Must  be  certain,  3  :  2652 

Particular  contracts,  of,  see  particular  subject 

Reasonable  only  recoverable,  3 :  2675 

Enjoining  breach,  4  :  342 

Parol  evidence  to  affect,  admissibility,  4:1874,  1888 

Proof    of    instruments,    see   Acknowledgments  ;    Evidence  ;    Written 
Instruments 

Relief,  specific  and  preventive,  3:2611 

Specific  performance  of,  see  Specific  Performance 

Successive  actions  on,  4  :  953 

Third  person  may  enforce  contract  for  his  benefit,  i'.  :814 
Alteration 

Of  duplicate,  effect  of,  3 :  965 

Of  parol  contracts,  how  made,  '■'> :  961 

1070 


INDEX 

Contracts — Continued 

Alteration — Continued 

Of  written  contracts,   how  made,  3 :  962 

Iinautiiorized,  extinction  by,  8:  9G4 
Alternative  obligations,  3 :  701-704 

Assignments  of,  see  Assignments  ;  Obligations  ;  Tbansfeb 
Cancelation 

Extinction  by,  3:  963,  964 

Of  instruments,   3:  2731-2733 
Code  provisions  subordinate  to  provisions  of  contract,  3 :  2001 
Conditions  in,  in  general,  see  Obligations 
Consent 

Acceptances  of  benefits  equivalent  to,  3 :  845 

Apparent,  when  not  free,  3 :  823 

Communication  of,  3:  837-839 

Essential  to  contract,  3:  802 

Essentials  of,  3:  821 

Fraud,  duress,   mistake,   etc 

Rescission   where   consent  obtained  by,   3:  822,   952,    2722 
What  constitutes,  3:  824-835 
When  deemed  obtained  by,  3:  824 

In  general,  3:  821-845 

Mutuality   of,   3 :  836 

Ratification  of  contract  voidable  for  want  of,  3 :  844 

Validity  of  contracts,  in  general,  see  Validity,  this  subject 
Consideration 

Ascertained  how,  3:  867 

Burden  of  proof  to  show  want  of,  3 :  871 

Executed  or  executory,  may  be,  3 :  865 

Executory,  need  not  be  specified,  3 :  866 

Good,  what  is,  3:  861,  862 

Illegal  in  part,  effect  of,  3:  864 

Impossibility  of  ascertaining,  effect  of,  3:  868,  869 

Legal  or  moral  obligation  as,  3:  862 

Must  be  lawful,  3:  863 

Presumption  of  from  writing,  3 :  870 ;  4 :  2007 

Recital  of,  effect  of,  4 :  2006 

Rescission  for  failure  of,  3 :  952 

Separation  contract  between  spouses,  for,  3:  136 
Construction  of  * 

Actions  to  construe,  see  Declaratory  Relief 

Against  promisor  or  person  causing  uncertainty  to  exist,  3 :  920 

Circumstances  considered,  4 :  1878 

Construed  in  whose  favor,  4:  1882 

Court  confined  to  terms  or  substance,  4:  1876 

Custom  or  usage,  admissibility  of,  4 :  1888 

Date,   presumption    that   writing   is   truly   dated,   4:  2007 

Effect  to  be  given  to  every  part,  3  :  907  ;  4  :  1876 

Expert  testimony  to  decipher  characters  or  translate  language  4 :  1881 

Explanation  by  circumstances  and  subject  matter,  3 :  913 

Failure  of  writing  to  express  real  intention,  3 :  906 

Forfeiture,  condition  involving,  3 :  699 

Giving  effect  preferred,  3:  2863 

Inconsistent  words  rejected,  3 :  919 

In  favor  of  contract,  3 :  909 

In  general,  3:  902 

In  sense  promisor  believed  promisee  relied,  3 :  915 

Intention 

Ascertained  from  writing  alone  if  possible,  3 :  905 

Failure  of  writing  to  express,  3 :  906 

Mutual,  to  be  given  effect,  3:  902 

Of  parties  to  be  followed,  4 :  1877 

Rules  for  ascertaining  where  doubtful,  3 :  903 

Joint  and  several,  when  presumed  to  be,  3 :  924,  925 

Language  of  contract  to  govern,  3:  904 

1071 


INDEX 

Contracts — Continued 

Construction  of — Continued 

Langiiiige  relates  to  place  where  used,  4 :  1875 

Law  and  usage  governing,  8  :  912  ;  4 :  1875 

Lawful,  operative,  definite  and  reasonable,  construed  to  be,  3:909 

Natural  right,  in  favor  of,  4 :  1884 

Necessary  incidents  are  implied,  3 :  922 

Original  parts  control  parts  copied  from  form,  3 :  917 

Particular  clauses  subordinate  to  general  intent,  3:916 

Particular  expressions  qualify  general,  3  :  2856 ;  4  :  1877 

Question  of,  is  for  court,  4 :  2182 

Reasonable,  must  be,  3  :  2864 

Reasonable  stipulations  may  be  implied,  3 :  921 

Recitals  in,  conclusiveness  of,  4:  2006 

Repugnancies  how  reconciled,  3 :  918 

Restricting  to  evident  object,  3 :  914 

Several  contracts  taken  together,  when,  3 :  908 

Technical  words,  3  :  910,  911 

Terms  construed  according  to  general  acceptation,  4:1879,  1883 

Terms  having  local  or  technical  signification,  4:  1879 

Time  of  performance,  wliere  none  specified,  3 :  923 

Uniformity  of,  whether  contract  public  or  private,  3:901 

Whole  contract  to  be  taken  together,  3 :  907 

Words  to  be  understood  in  usual  sense,  3 :  910 

Writing 

Controls  printing  in,  3:917,  1880 
Deemed  to  contain  whole  agreement,  4 :  1874 
Failing  to  express  intent,  3 :  906 
Defined,  3 :  801 
Delivery  of 

Provisions  of  chapter  on  transfers  apply  to,  3 :  889 

Take  effect  upon,  3 :  888 
Destruction 

Extinction  by,  3  :  963,  964 

Of  duplicate,  effect  of,  3 :  965 
Essential  elements  of  contracts,  3 :  802 
Executed  and  executoi-y,  are  what,  3 :  926 
Execution  of 

Distinction  between  sealed  and  unsealed  instruments  abolished,  3 :  890 

Necessity  of  writing,  see  Statute  of  Frauds 

Seals,  see  Seals 

W^riting  supersedes  oral  negotiations  or  stipulations,  3 :  887 
Express,  defined,  3  :  882 
Express  or  implied,  contracts  are,  3:881 
Extinction  of 

By  alteration,  3  :  964 

By  cancelation,  3:963,  964 

By  full  performance  by  obligor  or  another  for  him,  3 :  721 

By  offer  of  performance,  3  :  731 ;  see  Obligations 

Manner  of,  3  :  941 

Of  obligations  by  performance,  see  Obligations 
Forfeiture  for  noncompliance  with   terms,   I'elief  on  making  full  compen- 
sation, 3:2612 
Implied,  defined,  3  :  883 

Insurance  contracts,  validity  of,  see  Insurance 
Interest  on,  see  Interest 
Interpretation,  see  Construction,  this  subject 
Novation,  3 :  781-784 
Object  of 

Is  what,  3  :  851 

Lawful  object  essential,  3 :  802 

Must  be  lawful,  possible  and  ascertainable,  3 :  852,  854 

Restriction  of  contract  to  evident  object,  3:914 

Several  objects  one  of  which  is  lawful,  3:855 

What  is  deemed  possible,  3 :  853 

1072 


INDEX 

Contracts — Continued 
Obligations 

Arise  from  contract  or  operation  of  law,  4:  13 
Defined,  4 :  13 

In  general,  see  Obligations 
Offer,  revocation  of,  3 :  842,  843 
Particular  contracts,  see  particular  subject 
Parties  to 

Essential  to  contract,  parties  capable  of  contracting  are,  3 :  802,  813 
Husband  and  wife,  see  HusiSAnd  and  Wife 
Identification  of  parties,  necessary,  3 :  813 
Infants,  see  Infants 
Insane  persons,  see  Insane  Persons 
Married  women,  capacity  to  contract,  3 :  134 
Tbird  person,  contract  for  benefit  of,  enforcement,  3 :  814 
Wbo  may  contract,.  3  :  811,  812 
Performance 

Accord  and  satisfaction,  see  Accord  and  Satisfaction 
According  to  directions  of  creditor,  effect  of,  3 :  724 
Application  of  general  performance,  3 :  727 ;  see  Obligations 
Condition  concurrent,  of,  3  :  744 
Condition  precedent,  of 

Offer  may  be  made  dependent  on,  3 :  744 
Pleading  and  proof,  4  :  256 
When  necessary,  3  :  696 
Delay  in  and  compensation  for,  3 :  738 
Effect  of  prevention,  3 :  762.  763 
Excused  by  what  acts,  3 :  697,  761 
Holiday,  when  time  for  falls  on,  3 :  10 
Joint  creditor,  to,  extinguishes  contract,  3 :  723 
Joint  obligation,  performance  under  direction  of  one  creditor,   effect 

of,  3 :  724 
Joint  obligor,  by,  extinguishes  obligation  of  all,  3 :  722 
Offer  of  performance 

Ability  and  willingness  essential,  3 :  741 
By  whom  to  be  made,  3  :  733 

Conditions  concurrent,  of,  when  necessary,  3 :  696 
Conditions,  may  be  made  dependent  upon  performance  of,  3 :  744 
Conditions,  to  be  free  from,  3 :  740 
Custody   and  care  of  thing  offered,  3 :  749 
Delay  in  and  compensation  therefor,  3 :  738 
Effect  of,  4  :  2151 

Effect  on  accessories  of  obligation,  3:  750 
Exonerates  surety,  3  :  2134 
Extinguishes  obligation,  3  :  731 

Extinguishes  obligation  for  payment  of  monev,  when,  3 :  746 
Manner  of,  3  :  739 

Objections  to,  waived  if  not  stated,  3 :  747 
Partial  offer  of  no  effect,  3 :  732 
Production  of  thing  offered  not  necessary,  3 :  742 
Refusal  to  accept  performance  before,  effect  of,  3 :  764 
Retention  by  creditor  of  thing  offered,  3 :  751 
Separate,  thing  offered,  to  be  kept,  3 :  743 
Title  to  thing  offered  passes,  when,  3 :  748 
To  whom  made,  3  :  734 
When  excused,  3 :  697,  761 
When  to  be  made,  3 :  736-738 
Where  made,  3 :  734,  735 
Partial  performance 
Effect  of,  3  :  725 

Extinguishes  obligation  when,  3  :  774 
Offer  of,  of  no  effect,  3 :  732 
Payment,  performance  when  called,  3 :  726 
Receipt  may  be  required  upon,  3 :  745 


1073 


INDEX 

Conl  racts — Continued 

Performance — Continued 

Refusal   by   one   part}'   excuses  performance   of   conditions  by   other 

party,  3 :  697 
Refusal  to  accept  before  offer,  effect  of,  3 :  764 
Specific  performance,  see  Spex;ifio  Peirfobmancb 
Time  of  offer  of,  3 :  736,  737 
Time  of,  where  no  time  specified,  3  :  923 
Proposal,  revocation  of,  3 :  842,  843 
Reformation  of,  3 :  2711-2714 
Release  of  obligation,  3 :  791-793 
Rescission,  see  Rescission 

Transfer  of  obligations,  see  Assignments  ;  Obligations  ;  Teansfer 
Validity  of 

Actions  to  determine,  see  Declaratoey  Relief 

Conditions,  impossible  or  unlawful  in  contract  are  void,  3 :  698 

Conditions  precedent  requiring  performance  of  wrongful  act,  effect  on, 

3:303 
Consideration  must  be  lawful,  3 :  863 
Damages,  contracts  fixing  in  advance,  3 :  933,  934 
Duress  consists  in  what,  3  :  825 

Exempting  one  from  liability  for  negligent  acts,  p.  990,  sec.  55 
Fraud 

Actual  fraud,  3 :  828,  830 
Actual  or  constructive,  is,  3 :  827 
Constructive  fraud  defined,  3  :  829 
Prevention  of  reduction  to  writing  by  fraud,  3 :  885 
Identity  of  parties  essential  to,  3 :  813 
Impossibility 

Avoids  contract,  3 :  854 
Object  must  be  possible,  3 :  852 
Of  ascertaining  consideration,  effect,  3 :  868,  869 
What  constitutes,  3  :  853 
Infants,  contracts  by  for  attorneys'  fees,  4: 1823 
Marriage,  contracts  in  restraint  of,  3 :  937 
Menace  consists  in  what,  3 :  826 
Mistake 

Fact,  of,  what  is,  3:833 
Fact  or  law,  of,  may  be,  3 :  832 
Foreign  law,  of,  is  mistake  of  fact,  3 :  835 
Law,  of,  what  is,  3 :  834 
Object  must   be   lawful,   possible  and   nscertainable,   3:852,   854,   855 
Ratification  of  contract  voidable  for  want  of  consent,  3 :  844 
Statute  of  frauds,  see  Statutes  of  Fkauds 
Trade,  contracts  in  restraint  of,  3 :  935,  93G 
Undue  influence,  what  constitutes,  3:831 
Unlawful 

In  part,  effect  of,  3 :  854,  855,  86-1 
Rescission  of,  3 :  2721 
What  contracts  are,  generally,  3 :  931,  932 
Waiver  of  code  provisions  respecting,  3 :  2601 
Written  instruments,  in  general,  see  Written  Instruments 
Contribution 

See  Suretyship 

Joint  or  joint  and  several  obligors,  between,  3 :  683 
Judgment  debtors,  among,  4 :  610 
Contributory  Negligence 

Application  of  rule  as  between  master  and  servant,  3 :  1312 
Effect  of  generally,  3  :  977 

Effect  on  railroad's  liability  for  injury  to  employee,  p.  989,  sec.  53 
Controversy 

Submitting  without  action,  see  Agreed  Case 


1074 


INDEX 

Conversion 

Dii  mages  for,  3:  2662-2664 

Obligation  to  nnike  restoration,  3:  975,  976 

Wrongfully  using  materials  of  another,  liabilitv.  3'  421 
Conveyances 

See  Grants;  Transfer 
Conviction 

Forfeiture  of  office,  for,  5:  9 

Forfeiture  of  property,  not  worked  by,  5 :  8 

Former,  see  Former  Jeopardy  ;  Subsequent  Offenses 

Higher  olfenses,  effect  of,  6 :  278 

Informal  verdict,  on,  6:  417 

Inquiry  into  sanity  after  conviction,  6 :  812-S16 

Judgment  on,  see  Judgment 

Modes  of,  6:  15 

Prior,  see  Former  Jeopardy  ;  Subsequent  Offenses 


Kequirmg  judgment  of  death,  transmitting  statement  to  Governor    ( 

Sentence,  see  Sentence 

Witnesses 

Impeachment  by  sliowing  conviction  of  felony,  4:  2120-  6-  37'> 
^      Must  answer  as  to  conviction  of  felonv,  4  •  2142 
Convicts 

See  Prisoners 

Importing  foreign  convicts,  a  felony,  5 :  184 
Injury  to  person  of,  punishable,  6:"  903 
Receipt  and  detention  at  penitentiary,  6:  902 
Transfer  from  one  penal  institution  to  another  6  •  904 
Witnesses,  competency  as,  4:  1902 
Copies 

Certified  copies,  see  Certificate;  Certified  Copies 
Lost  pleadings  or  papers,  supplied  by  copies,  4 :  951 
Records,  of 

Right  to  make  copies,  4 :  1921 
Seal  required,  4 :  25 
Writings,  of 

Demanding  copy  of,  4:  921 
Effect  of  setting  forth  in  pleadings,  4:  242-244 
When  admissible,  4:  1872 
Copyrights 

See  Literary  Property 

Laws  of  United  States  extended  to  Canal  Zone,  3 :  391 
Corozal  Hospital 

Admission  of  patients  to,  4 :  1752 

Commitment  of  defendant  on  finding  of  insanity,  6 :  814-816 
Contesting  report  on  sanity,  4:  1756 

Discharge  of  patient,  proceedings  to  obtain,  4 :  1758,  1759 
Escape,  assisting,  of  person  confined  in  hospital,  5:  205 
Hearing  on  petition  for  confinement  of  person,  4 :  1754 
Keeping  of  insane  persons  in,  4 :  1751 
Ordering  admission  of  person  for  observation,  4 :  1755 
Panama,  receiving  Insane  patients  from,  4 :  1762 
Petition  for  confinement  of  insane  person.  4 :  1753 
Prisoner  becoming  insane,  commitment  to,  4:  1760 
Receiving  patients  from  service  branches  pending  transfer,  4:  176'' 
Report  of  admission  of  patient  for  observation,  4 :  1752 
Report  on  sanity  of  person  admitted  for  observation,  4 :  1755 
Temporary  release  of  patient,  4:  1757 
Transfer  of  patients  to  St.  Elizabeths  Hospital,  4 :  1763 
Corporations 

See  Foreign  Corporations 

Banking,  organization  to  engage  in,  p.  892,  sees.  611-632 

Contracting  debt  exceeding  means,  5:  760 

Criminal  actions  against 

No  defense  that  corporation  is  foreign,  5 :  764 
Procedure,  6:  831-837 

1075 


INDEX 

Corporations — Continued 
Directors 

Defined,  5:  751 

Misconduct  of,  5:  755 

Preinimed  to  concur  in  illegal  act,  when,  5 :  762,  763 

Presumed  to  know  illegality  of  act,  5 :  761 
Embezzlement  by  officer  or  agent  of,  5 :  662 
False  report  or  statement  by  officer,  5 :  758 
Foreign,  see  Foreign  Corporations 
Fraud 

Books,  papers,  or  securities,  in,  5 :  757 

Misconduct  by  directors  with  intent  to  defraud,  5 :  755 

Procuring  organization  or  increase  in  capital,  in,  5 :  753 

Subscription  for  stock,  in,  5 :  752 
Inspection  of  books,  refusal  of,  to  stockholder,  5 :  759 
Person  includes  corporation,  3:  12;  4:  8;  5:  5 
Prospectus,  unauthorized  use  of  name  in,  5 :  754 
Seals  of,  forgery,  5 :  723 
Sunnnons 

Publication,  4:  168 

Service  on.  in  general,  4 :  166 
Sureties,  as,  4:  962-964 
Corroboration 

Accomplice,  of,  6:  387 

False  pretenses,  corroboration  when  necessary.  6:  379 
Pi-osecutrix  on  charge  of  abortion  or  seduction,  6:  376 
Corruptly 

Meaning  of ,  5 :  5 
Costs 

Appeal  to  district  court,  on 

Civil  actions,  4:  888 

Criminal  actions,  6 :  392 
Attorneys'  fees,  see  Attorneys 
Bill  of,  4:  1004 

Compromise,  costs  when  offer  of,  rejected.  4 :  911 
Confession  of  judgment,  costs  on,  4 :  1103,  1104 
Contest  of  will  after  probate,  4 :  1256 
Continuance,  costs  as  condition  of,  4 :  1008 
Criminal  actions,  in 

Entry  of  statement  of  in  criminal  docket,  6 :  841 

Imprisonment  for  nonpayment  of,  6 :  497 

Taxing  of  costs  in  district  court,  6 :  392 
Deposition  out  of  Canal  Zone  on  oral  interrogatories,  4 :  2093 
Dismissal  of  action,  on,  4 :  1009 
Each  party  responsible  for  own,  4 :  1001 
Either  party  may  be  adjudged  to  pay,  4 :  1003 
Executor  or  administrator,  liability  of,  for,  4 :  1489 
Fees,  see  Fees 

Forma  pauperis,  prosecution  or  defense  of  actions  in,  4 :  1001,  1002 
Magistrate's  court,  in,  see  Magistrates'  Coukts 
Memorandum  of,  4 :  1004 

Prevailing  party,  ordinarily  allowed  to,  4 :  1003 
Probate  proceedings  generally,  4 :  1692 
Quieting  title,  costs  not  allowed  when,  4 :  662 
Security  for 

Bond  to  authorize  what,  4 :  1023 

By  intervenor  or  counterclaimant,  4 :  1025 

Magistrate's  court,  in,  4 :  845 

New  undertaking,  4 :  1022 

Not  required  of  Government  or  officer,  4:  1024 

Not  re(piired  where  otherwise  secured,  4 :  1026 

Plaintitf  mav  be  required  to  give,  4 :  1021 

Requisites  of,  4  :  1022,  1023 
Taxing  of,  4 :  1004 
What  costs  recoverable,  4:  1005,  1007 

1076 


INDEX 

Cotenancy 

See  Joint  Tenants  ;  Tenants  in  Common 
Counsel 

See  Attokneys 
Counterclaim 

See  Ckoss-Complaint  ;  Ckoss-Demand 
Answer  to  contain,  4:  221 
Assignment  or  death,  effect  of,  4 :  225 
Cross-demands  deemed  compensated  when,  4 :  225 
Deemed  denied,  4 :  260 
Demurrer  to,  and  grounds  of,  4 :  231,  232 
How  stated  in  answer,  4 :  226 

Judgment  where  affirmative  relief  demanded,  4 :  543 
Magistrate's  court,  in,  4:  715,  716;  see  Magistrates'  Courts 
Omission  to  set  up,  effect  of,  4 :  224,  716 
Security  for  costs  by  counterclaimant,  4 :  1025 
What  may  be  set  up  by  way  of,  4 :  223 
Counterfeiting 

Banlv  bills  or  notes,  5 :  734 

Coin  or  bullion,  5 :  729 ;  p.  910,  sees.  277,  278 

Dies 

For  foreign  coins,  counterfeiting  of,  p.  911,  sec.  284 
IVIaking  or  possessing,  5 :  737 
Foreign  securities,  counterfeiting  of,  p.  908,  sec.  270 
Government  securities  or  obligations.  5 :  732 ;  p.  907    sec   '>64 
Instruments,  in  general,  as  forgery,  5 :  721     ' 

Mails,  use  in  relation  to  distribution  of  counterfeit  money,  n   923    sec   .338 
Money  orders,  of,  p.  927,  sec.  347  j.  i-        ,  s>«^^.  ooo 

Notes  of  foreign  banks,  of,  p.  909,  sec  272 
Plates 

For  corporate  securities,  possession  or  use,  5 :  738 

For  foreign  securities,  possession  of,  p.  909,  sec.  275 

^^^  Government  securities  or  obligations,  possession  or  use,  5  •  738  • 

p.  90  (,  sec.  264 
Making  or  possessing,  5 :  737 
Possessing  or  receiving  counterfeit 

Coin  or  bullion,  5:  731;  p.  910,  sees.  277,  278 
Foreign  securities,  p.  909,  sec.  274 
Securities,  notes,  or  bills,  5 :  726,  736 
Postage  stamps,  of,  p.  928,  sees.  348,  349 
Punishment  of,  generally,  5 :  730 ;  p.  910,  sees  277  278 
Railroad  tickets  or  passes,  5 :  739  ' 

Search  warrant  for  suspected  counterfeits,  p.  912.  sec  287 
Uttering  counterfeit 
Bank  notes,  5:  735 

Coin,  etc.,  5  :  729  ;  p.  910,  sees.  277  278 
Foreign  securities,  p.  909,  sec.  271 

Government  securities  or  obligations,  5 :  733 ;  p.  90S,  sec.  265 
Railroad  tickets,  5:  739  .  *-         , 

Court  Reporter 

See  Rbportek 
Courts 

See  District  Court  ;  Judges  ;  Magistrates'  Courts 

Contempt,  see  Contempt 

Deposits  in  court,  see  Deposits  in  Court 

English,  proceedings  to  be  in,  4 :  34 

Enumeration  of  general  powers  of,  4 :  23 

Oaths  and  affirmations,  may  administer,  4 :  23,  2171 

Presumption  that  court  acts  within  jurisdiction,  4-  2007 

Publicity  of  proceedings  4 :  21,  22 

Questions  of  law  addressed  to,  4 :  2182 

Records,  see  Judicial  Records  ;  Records 


1077 


INDEX 

Courts — Continued 

Trial  by 

In  general,  4  :  501-504 
Issues  triable  by  court,  4 :  434 
Rules  of  evidence  applicable,  4 :  2183 
Courts  Martial 

Criminal  code  does  not  affect  powers  of,  5 :  11 
Credit 

See  Creditors;  Debtors 

Letters  of,  see  Letters  of  Credit 

Obtaining  by  false  pretenses,  5 :  695 

Representations  as  to  credit  of  third  person  to  be  written,  4:  2018 
Creditors 

See  Assignments  for  Creditors  ;  Credit  ;  Debtors 

Avoid  act  of  debtor,  when,  only  can,  3 :  2763 

Contracts  of  debtor  valid  against,  when,  3 :  2753 

Definition  of,  3 :  2752 

Fraudulent  instruments  and  transfers,  when  void,  3:  2761-2763 

Fraudulent  transfers,  see  Fraudulent  Transfers 

Joint  debtors,  proceedings  against,  see  Joint  Debtors 

Loan  of  money,  see  Loans 

Marshaling  of  assets  by  creditor,  3 :  2755 

Novation,  see  Novation 

Preferences  to,  3 :  2754,  2777,  2779 

Receipt  may  be  required  of,  3 :  745  ;  4 :  2152 

Relative  rights  of  creditors,  3 :  2755 
Crime 

See  Criminal  Code  ;  Felony  ;  Misdemeanor 

Act  made  punisliable  in  different  ways 
Punishment,  5 :  27 
Second  prosecution  prohibited,  6 :  9 

Act  not  less  punishable  because  a  contempt,  5 :  29 

Attempts,  see  Attempts  to  Commit  Crime 

Civil  liability  for  act  constituting,  5:7 

Committed  prior  to  effective  date  of  code,  5 : 2 

Compounding,  punishment,  5  :  181 

Declaration  in  code  as  prerequisite  to  arrest,  5 : 6 

Defined,  5 :  21 

Degree  of,  see  Degree  of  Crime 

Divided  into  felonies  and  misdemeanors,  5 :  23 

Felony,  see  Felony 

Habitual  criminals,  5 :  74-76 

High  seas,  on,  jurisdiction,  practice,  and  procedure,  7 :  26 

Intent,  see  Intent 

Misdemeanor,  see  Misdemeanor 

Ommission  to  perform  act  performed  l)y  another,  5 :  28 

Out  of  Canal  Zone,  when  punishable  here,  5 :  56,  788 

Particular  crime,  see  particular  subject 

Parties  to,  classification  of,  5  :  51 

Presumption  of  innocence,  4  :  2007 ;  6 :  363 

Principals  and  accessories,  see  Accessories  ;  Principals 

Punishment,  see  Punishment 

Reasonable  doubt  as  to  guilt,  acquittal,  6:  363 

Reparation  to  aggrieved  party,  requiring  on  probation,  6 :  501 

Union  of  act  and  intent  or  negligence,  5 :  22 

Who  capable  of  committing,  5 :  57 

Who  liable  to  punishment,  5  :  56,  788  ;  6  :  3 
Crime  Against  Nature 

Assault  to  commit,  punishment,  5 :  311 

Punishment  of,  5  :  415 
Criminal  Actions 

See  Actions 
Criminal    Code 

See  Crime 

Construction  of  provisions,  5 :  3 

1078 


INDEX 

Criminal  Code — Continued 

Construction  of  words  and  phrases  in,  5:4 
Definitions  of  various  terms,  5:  5 
Name  of  title,  5  : 1 

Offenses  committed  prior  to  effective  date,  5 : 2 
Criminal  Conversation 

Sitting  of  court,  private,  4 :  22 
Criminal  Law 

See  Crime  ;  Cbiminai.  Code  ;  Criminal  Procedure 
Criminal  Negligence 

As  element  of  crime,  5 :  22 
Criminal  Pleading 

See  Demurrer  :  Information  ;  Plea  ;  Pleading 
Criminal  Procedure 

See  subject  in  question 

Action,  criminal,  defined,  6  :  4 

After  verdict  or  finding  of  guilt,   Supreme  Court  may   prescribe,  p    9SM 

sec.  723a 
Arraignment,  see  Arraignment 
Arrest,  see  Arrest 
Bail,  see  Bail 

Canal  Zone  Government,  criminal  actions  prosecuted  in  name  of,  6 :  5 
Conviction,  see  Conviction 
Defendant,  see  Defendant 
Designation  of  party  prosecuted,  6 :  7 
Execution  of  judgment,  see  Execution 
High  seas,  in  cases  of  offenses  on,  7 :  26 
Imprisonment,  see  Imprisonment 
Judgment,  see  Judgment 

Magistrate's  court,  in,  see  Magistrates'  Courts 
Modes  of  conviction  of  public  offense,  6 :  15 
Name  of  title,  6 : 1 

Pleading,  see  Demurrer  ;  Inforaiation  ;  Plea  ;  Pleading 
Preliminary  hearing,  see  Peeliminary  Heaking 
Proceedings  begun  before  effective  date,  6 :  2 
Punishment,  see  Punishment 
Sentence,  see  Sentence 
Style  of  all  processes,  6 :  6 
Time  of  taking  effect,  6:2 
Trial,  see  Trial 

Warrant  of  arrest,  see  Warrant  of  Arrest 
Crops 

Burning  standing  or  growing  crops,  5 :  803 
Malicious  injury  to,  punishment,  5 :  802 
Cross-Complaint 

See  Counterclaim;  Cross-Demand 
Divorce,  for,  and  proceedings  thereon,  4 :  228 
In  general,  4:  227 
What  pleadings  are  allowed,  4 :  193 
Cross-Demand 

See  Counterclaim;  Cross-Complaint 
Compensated,  when  deemed,  4:  225 
Omission  to  set  up,  fatal,  4 :  224 
Cross-Examination 
See  Witnesses 
Defined,  4 :  2114,  2117 ;  6 :  370 
Crossings 

Omission  by  locomotive  engineer  to  give  warning  at,  5 :  525 
Operation  of  street-railway  cars  at,  2 :  331-333 
Cruelty 

See  Divorce 
Animals,  to 

Acts  constituting,  and  punishment,  5 :  810 

Aid  in  prevention  by  humane  society  agent,  5 :  811 

1079 


INDEX 

Cruelty — Continued 
Children,  to 

Humane  society  agent  may  aid  in  prevention  of,  5:  444 

In  general,  see  Infants  ;  Parent  and  Child 

Punisliment  as  misdemeanor,  5 :  443 
Insane  person,  to,  punishment,  5 :  374 
Custody 

Children,  see  Divorce;  Parent  and  Child 

Holding  defendant  in  custody  after  appearance  for  trial,  6 :  391 
Retaking  goods  from  custody  of  officer,  a  misdemeanor,  5 :  179 
Customs  Service 

See  Importation 

Administration  of  oaths  by  customs  officers,  2 :  41 

Arrest,  power  of  officers,  2 :  66 

Baggage,  control  of,  for  customs  purposes,  2 :  61 

Certification  of  invoices  for  merchandise  shipped  to  United  States,  p.  957, 

sec.  1482 
Colombian  products,  admission  to  Canal  Zone,  p.  864,  art.  1 
Confiscation  of  articles  illegally  imported,  2:  63 

Control  by  Governor  of  importation  of  articles  or  merchandise,  2:  61 
Fees  of  officers  for  certain  services,  2 :  67 
Fine  for  violation  of  regulations,  2:  62 
Forfeiture 

Merchandise  omitted  from  manifest,  of,  2 :  64 

Sea  stores  omitted  from  list,  or  landed,  of,  2 :  65 
Importations  by  United  States  free  from  duty,  p.  844,  art.  13 
Imports  into  United  States  from  Canal  Zone,  p.  957,  sec.  126 
Landing  of  sea  stores,  2 ;  65 

Narcotic  drugs  import  and  export  act,  p.  957,  sees.  171-185 
Offenses  in  relation  to  entry  or  importation  of  goods,  2 :  62 
Omission 

Merchandise  from  manifest,  2 :  64 

Sea  stores  from  list,  2 :  65 
Penalty 

Omission  of  merchandise  from  manifest,  for,  2 :  64 

Omitting  from  list,  or  landing,  sea  stores,  for,  2 :  65 
Plates  for  printing  counterfeit  securities,  punishment  for  importing,  5 :  738 ; 

p.  907,  sec.  264 
Powers  of  officers  respecting  search,  seizure,  and  arrest,  2 :  66 
Production  of  papers 

Authority  of  officers  to  require,  2 :  42 

Process  to  compel,  2 :  43 
Regulations  governing  entry  and  importation  of  goods,  2 :  61 
Search  of  packages,  persons,  vessels,  and  vehicles,  2 :  66 
Seizure 

Articles  illegally  imported  or  obtained,  2:  63 

Power  of  officers,  2 :  66 
Witnesses 

Authority  of  customs  officers  to  summon,  2 :  42 

Process  to  compel  attendance,  2 :  43 
Damages 

See  Malicious  Mischief;  Specific  Relikf;  Torts 
Accruing  after  action  brought,  right  to  recover,  3 :  2623 
Acts  or  omissions,  unlawful,  recoverable  for,  3 :  2621 
Breach  of  contract 

General  rule,  3 :  2651 

Must  be  certain,  3:  2652 

Sale  of  goo<ls,  for,  3 :  1044,  1047,  1049,  1050 

To  pay  money  only,  3 :  2653 
Breach  of  obligation,  not  arising  from  contract,  for,  3:  2661 
Breacli  of  promise  of  marriage,  for,  3 :  2058 
Breach  of  warranty 

Agent's  authority,  of.  3:  2657 

Seller  of  goods,  by,  3:  1049 

1080 


INDEX 

Damages — Continued 
Carriers 

Delay  by,  3:  2656 

Obligation  to  deliver,  for  breach  of,  3:  2655 

Obligation  to  receive,  for  breach  of,  3 :  2654 
Certain,  must  be,  3:  2652 
Check,  nonpayment  of  by  bank,  3:  2659 
Chose  in  action,  presumption  as  to  value  of,  3 :  2672 
Compensation 

Defined,  3:  2611 

In  money  is  called  damages,  3 :  2621 
Contract  fixing  in  advance,  validity  of,  3 :  933,  934 
Conversion,  for,  3:  2662-2664 
Detriment  defined,  3:  2622 

Employing  materials  belonging  to  another,  for,  3:  421 
Excessive,  cannot  exceed  what  would  be  gained  by  complete  performance, 

3:  2674 
Exemplary 

Animals,  for  injuries  to,  3:  2666 

Damages  prescribed  are  exclusive  of,  3 :  2673 

Liability  of  infants  and  insane  persons,  3 :  33 

Seduction,  for,  4:  129 

When  recoverable,  in  general,  3 :  2641 
Forfeiture,  relief  in  cases  of,  3 :  2612 
Future  detriment,  for,  3:  2623 
Interest 

As  element  of,  3:  2631,  2632 

Breach  of  contract  to  pay  liquidated  sum,  on,  3 :  2653 

Breach  of  contract  to  sell  or  of  sale,  on,  3 :  1050 

Conversion  of  personal  property,  right  to,  on,  3 :  2662 

Damages  prescribed  are  exclusive  of,  3:  2673 

In  actions  ex  delicto,  3:  2632 

Rate  after  breach,  3:  2633 

Waiver  by  accepting  principal,  3:  2634 
Lienor's,  for  conversion,  3:  2664 
Limitation  on  amount  of,  3:  2674,  2675 
Liquidatetl,  not  bar  to  specific  performance,  3 :  2704 
Measure  of 

Breach  of  contract,  for,  3:  2651,  2653 

Breach  of  warranty,  for,  3 :  1049 

Failure  to  deliver  goods  sold,  3 :  1047 

In  various  cases,  3:  2651-2676 

Nonacceptance  of  goods  sold,  for,  3:  1044 

Wrongful  death,  for,  4:  131 
Nominal,  when  recoverable,  3 :  2676 
Obligation  to  abstain  from  damage  to  others,  3 :  971 
Property  of  peculiar  value,  3 :  2671 
Reasonable,  to  be,  3:  2675 
Relief,  in  general,  3:  2611 
Seduction,  for,  3:  2665 

Special,  on  breach  of  contract  to  sell  or  of  sale,  3 :  1050 
Who  entitled  to,  in  general,  3:  2621 
Written  instrument,  presumption  as  to  value  of,  3 :  2672 
Wrongs,  for,  generally,  3:  2661 
Days 

See  Business  Days  ;  Holidays 
Dead  Bodies 

See  Cemeteries 

Interment  elsewhere  than  in  cemetery,  punishment,  5 :  484 
Mutilation  of,  punishment,  5:  481 

Removal  of  bodies  or  parts  thereof,  punishment,  5 :  481 ,  482 
Deadly  Weapons 
See  Arms 

Assault  with,  punishment,  5 :  346 
Drawing  in  threatening  manner,  5 :  604 

93083—34 69  1081 


INDEX 

Death 

Action  for,  see  WRONGFtjL  Death 

Bail  for  offense  punishable  with,  6 :  543 

Chose  in  action,  survival  of,  3 :  372 

Dying  declarations,  admissibility  of  as  to  cause  of,  4 :  1888 

Execution  of  judgment  of,  6:  521-533;  see  Execution 

Gift  in  view  of,  see  Gifts 

Presumed  after  seven  years,  4:  2007 

Survival  of  actions,  see  Actions  ;  Survival 

Survivorship,  presumption  as  to,  4 :  2007 

Warrant  of 

Issuance  and  requisites,  6 :  521 
Return  upon,  after  execution,  6 :  533 
Death  Sentence 

Execution  of,  6 :  521-533 ;  see  Execution 
Death  Warrant 

Issuance  and  requisites,  6:521 

Return  upon,  after  execution,  6 :  533 
Debtors 

See  Creditors 

Arrest,  see  Arrest 

Assignments,  see  Assignments  for  Creditors 

Attachment,  see  Attachment 

Avoidance  by  creditors  of  acts  of,  when  possible,  3 :  2763 

Committing  acts  to  defraud  creditors,  punisliment,  5 :  231,  232 

Confession  of  judgment,  see  Confession  of  Judgment 

Contracts,  when  valid  against  creditors,  3:  2753 

Creditor,  defined,  3  :  2752 

Defined,  3:2751 

Fraudulent  concealment  of  property,  punishment,  5 :  231,  232 

Fraudulent  transfers,  see  Fraudulent  Transfers 

Insolvent,  defined,  3  :  2776 

Joint,  proceedings  against,  see  Joint  Debtors 

Loan  of  money,  see  Loans 

Marshaling  of  assets,  3  :  2755 

Preferences  to  creditors,  3 :  2754.  2777.  2779 

Receipt,  right  to  require  on  payment,  3  :  745 ;  4 :  2152 

Relative  rights  of  creditors,  3 :  2755 

Supplementary  proceedings,  see  Supplementary  Proceedings 
Debts 

See  Compromise;  Creditors;  Dehtors  ;   Husband  and  Wife;  Obligations 
Decedents'  Estates 

See  Estates  of  Decedents  ;  Succession 
Deceit 

See  Fraud 

Attorney,  by,  punishment,  5 :  221 

In  general,  3  :  972-974 

Renders  contract  voidable,  3  :  823 

Restoration  of  thing  wrongfully  acquired,  3 :  975,  976 

Upon  tiie  public,  effect  of.  3 :  974 

What  acts  constitute,  3  :  973 

When  actionable,  3  :  972.  973 

Witness,  deceiving,  a  felony,  5 :  162 
Decency 

See  Indecency  ;  Indecent  Exposure 
Decision 

See  Judgment 

On  trial  by  court,  4 :  501,  502 
Declarations 

See  Evidence 

Mar-iage.  of.  3:65-67;  see  Marriage 
Declaratory  Relief 

Action  for,  in  what  cases  lies,  4:971 

Determining   identity   of    jiersons   described    as   heirs,    issue,    or    children. 
4: 1695 

1082 


INDEX 

Declaratory  Relief — Continued 

Other  remedies  or  additional  relief  not  precluded,  4 :  973 
Refusal  of  relief,  when  proper,  4 :  972 
Decrees 

See  Judgment 

Probate,  in,  see  Probate  Proceedings 
Deeds 

See  Grants;  Transfer 
Defamation 

See  Libel;  Slander 
How  effected,  3  :  42 
Right  of  protection  from,  3  :  41 
Default 

Company  authorized  to  sell  securities,  entry  of  judgment  against    3  •  242 
Deposition,  taking  of,  on,  4 :  2063,  2085,  2097 
Divorce,  procedure  in  cases  of,  3: 114 
Forcible  entry  and  detainer,  in,  4 :  1150 

Foreign  corporation,  entry  of  default  judgment  against,  3 :  221 
Heirship,  in  action  to  determine,  4 :  1621 
In  general,  4 :  421 

Magistrate's  court,  in,  see  Magistrates'  Courts 
Mandamus  not  granted  by,  4 :  1055 
Procedure  in  case  of,  4 :  421 
Relief  cannot  exceed  amount  demanded,  4:  414 
Relief  from  judgment  by,  4:  275,  720 
Defendant 

Arraignment  of,  see  Arraignment 

Arrest  and  surrender  of,  by  bail,  6:  612 

Arrested,  taking  before  magistrate,  6:  97-99 

Attorney  may  visit,  6:  12 

Bail,  see  Bail 

Challenge,  informing  as  to  time  for,  6 :  342 

Civil  action,  in,  see  Parties 

Counsel,  right  to  by  defendant,  1:  1;  6:  14,  228 

Custody,  holding  in  after  appearance  for  trial,  6:  391 

Depositions,  right  to  take,  6 :  701,  702 ;  see  Depositions 

Discharge  of,  see  Discharge 

Insanity  of,  see  Insane  Peirsons 

Joint  defendants 

Conviction  or  acquittal  of  one  or  more,  ©:  197 

Discharging  one  to  be  witness,  6 :  366-368 

Must  unite  in  challenging  jury,  6:  332 

Right  to  separate  trials,  6:  365 

Verdict  as  to  some  and  retrial  of  others,  6 :  415 
Name 

Designation  in  information  when  unknown,  6:  187 

Designation  in  warrant  when  unknown,  6:  76 

Directing  defendant  to  declare  true  name  on  arraignment,  6:  230 

Insertion  of  true  name  when  discovered,  6:  190 
Party  prosecuted  designated  as,  6:  7 
Pleadings  of,  4:  193 
Pleas  of,  see  Plea 

Preliminary  hearing,  see  Preliminary  Hearing 
Presence  of 

Arraignment,  at,  6 :  222 

Conditional  examination  of  witness,  at,  0:  687 

Judgment,  at,  6:  486 

Necessary  in  magistrate's  court,  6:  126 

Return  of  verdict,  at,  6:  404 

Trial,  at,  6:  304,  452 
Presumption  of  innocence,  6:  363 
Reasonable  doubt  as  to  guilt,  acquittal,  6:  363 
Restraint  before  conviction,  unnecessary,  prohibited,  6:  11,  82 
Rights  in  criminal  action,  enumerated,  1:  1;  6:  14 
Search  of,  when  ordered,  6:  780 

1083 


INDEX 

Defendant — Continued 

Separate  trial  of,  when  jointly  charged,  6:  365 
Surrender  of,  by  bail,  6':  611-613 
Trial,  two  days  to  prepare  for,  6:  321 
Witness,  as 

Discharging  one  of  joint  defendants  to  be,  6 :  36(5-368 

Failure  to  testify  not  to  prejudice,  6 :  126,  673 

Not  compelled  to  testify  against  self,  1:  1;  6:  10,  673 

Right  to  cross-examine,  6:  673 
Witnesses 

Right  to  be  confronted  with,  1 :  1 ;  6 :  14 

Right  to  process  for  obtaining,  1 :  1 

Right  to  produce,  6:  14 
Defenses 

See  Answer;   Sexf-Defense 
Definitions 

See  Words  and  Phrases 
Particular  words,  of,  see  particular  subjects 
Various  terms  in  respective  codes,  3  :  12  ;  4 :  8  ;  5  :  5 
Deformity 

Exhibiting  deformities  of  persons,  punishment,  5:  504 
Degree  of  Crime 
Arson,  5:  643 
Burglary,  5:  652 

Determination  by  court  on  plea  of  guilty,  6:  485 
Evaluation  of  property  in  determining 

In  general,  5:  10,  667 

Passnge  tickets  stolen,  5:  776 

Written  instruments  stolen,  5:  775 
Larceny,  5:  772 
Murder,  5:  253 

Reasonable  doubt  as  to,  conviction  of  lowest,  6 :  364 
Verdict  must  find,  6 :  412 
Delivery 

Claim  and  delivery,  see  Claim  and  Delivery 
Constructive,  what  deemed  to  be,  3 :  459 
Gift,  of,  necessary,  3 :  482 
Goods  sold,  of,  see  Sales 
Grant,  is  essential  to,  3 :  455 
Grantee,  to,  necessarily  absolute,  3 :  457 
In  escrow,  3  :  458 
Presumption  of  tin)e  of,  3 :  456 
Demurrer 
Answer 

After  demurrer  overruled,  4:  274,  278 

Demurrer  and  answer  at  same  time,  4 :  212,  226 

Demurrer  to,  4:  193,  231.  274 

Filing  of,  not  a  waiver  of  demurrer,  4:  274 
As  a  pleading,  4 :  193 
Complaint,  to,  4:  211,  212 
Counterclaim,  to,  4:  231,  232 
Cross-complaint,  to,  4:  227 
Grounds  for,  4 :  211.  212 
Information,  to,  see  separate  subhead,  infra 
Issues  raised  by,  4:  432 
Judgment  on,  proceedings  after,  4 :  504 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Objections  not  appearing  on  complaint,  how  taken,  4 :  214 
Overruling  denmn-er  to  answer,  facts  allegetl  deemed  denied,  4 :  274 
Overruling,  time  to  answer  runs  from  notice,  4 :  278 
Part  of  complaint,  to,  4 :  212,  226 
Sustaining,  time  to  amend  runs  from  notice,  4 :  278 
Time  for,   extending,   4:  275 
To  wliat  pleadings  may  be  taken,  4:  193 
Waiver  by  failure  to  demur,  4:  215 

1084 


INDUX 

TO    INFOBMATION 

Demurrer — Continued 

See  iNFoiiMATioN  ;  Pleading 

Allowance  of,  effect  of,  6:256 

Argument  on,  time  for  hearing,  G:  254 

Arraignment,  demurrer  on,  6:  232 

Defendant's  only  pleading,  aside  from  plea,  6 :  232 

Defined,  6 :  251  i     a,  u .     o- 

Grounds,  enumerated,  6:  252 

How  put  in,  6:  232,  253 

Judgment  on,  rendition  and  entry,  6:  255 

Objections,  what  must  be  taken  by,  6:  260 

Overruled,  permitting  plea,  6:  259 

Refusal  to  answer  or  demur,  plea  of  not  guiltv  entered    G-  '>!*) 

Requisites  of,  6:  253  '  ,     .  ^  o 

Sustained 

Amendment  of  information,  6:  257,  258 
Directing  new  information,  6:  256,  258 
Effect  of,  G:  256,  258 
Time  to  put  in,  6:  232 
Deportation 

Extradition,  see  Extradition 
Perso^s  from  Canal  Zone,  of,  2:  141 

Return  of  person  deported,  punishment  and  removal    2-  142 
Depose 

Includes  what,  3:  12;  4:  8;  5:  5 
Depositaries 

See  deposits ;  warehousemen 

Adverse  claim,  notice  of,  to  owner,  3:  1104 

Animals,  of,  duty  toward,  3:  1112 

Compensation  of,  for  part  of  week  or  month,  3 :  1133 

Delivery  by,  3:  1101-1107 

Gratuitous 

Care  required  of,  3:  1123 
Duties  cease,  when,  3:  1124 
Hire,  for 

Compensation  for  parts  of  week,  etc.,  3 :  1133 
Degree  of  care  required  of,  3:  1132 
Finders  have  obligations  of,  when,  3:  1211 
Lien  for  storage  and  expenses,  3 :  1136 

Sale  of  perishables  or  luggage  for  charges,  right  of   3 :  1137 
Termination  of  hiring,  3:  1134,  1135 
Who  are,  3:  1131 
Indemnification  for  expenses  and  damages,  3:  1111 
Insurable  interest,  have,  3:  1883 

Joint  owners  of  thing  deposited,  delivery  to  whom  made,  3-  1106 
Liability  of 

Loss  or  injury,  for,  3 :  1116 
Negligence,  for,  limitation  on,  3:  1118 
To  rightful  owner  of  thing  deposited,  3 :  1105 
Lien 

Sale  of  property  to  satisfy  right  of,  3 :  1137 
Storage  and  expenses,  for,  3:  1136 
Notice  of  adverse  claim,  to  owner,  3 :  1104 
Notice  to  rightful  owner  of  thing  deposited  with,  3 :  1105 
Obligations  of,  3 :  1101-1107 

Perishables,  right  to  sell  and  duty  in  relation  to,  3:1137 
Sale  of 

Perishables  or  luggage  for  charges,  right  of,  3 :  1137 
Storage  property,  right  of,  3 :  1137 
Things  in  danger  of  perishing,  3 :  1115 
Service  rendered  by,  3:  1117 
Use  of  thing  deposited,  3 :  1113,  1114 
Who  are,  3 :  1131 


1085 


INDEX 

Depositions 

Answei'S  of  witness  to  be  taken  down,  4 :  2065 
Contempt,  refusal  of  witness  to  subscribe  to,  4 :  2046 
Continuance 

Depositions  may  be  taken  on,  4 :  439,  774 

For  nonreturn  of  commission,  4:  2095 
Ci'iminal  actions,  in,  see  separate  subiiead,  infra 
Default  of  defendants,  taking,  on,  4 :  2063,  2082,  2085,  2097 
Defined,  4 :  2063 

Depose,  defined,  3 :  12  ;  4 :  8 ;  5 :  5 

Disobedience  of  subpena  by  witness,  proceedings  on,  4:  2046 
Evidence,  reading  deposition  in,  4:  2083,  2084,  2096,  2102,  2166 
Foreign  country,  to  be  used  in,  4:  2105 
Heirsliip,  in  proceedings  to  determine,  4 :  1621 
In  Canal  Zone 

Affidavit  for,  4:  2101 

Before  whom  may  be  taken,  4:  2101 

Cannot  be  read  if  witness  procurable,  4 :  2083 

Either  party  may  attend  and  examine  witness,  4 :  2102 

In  what  cases  may  be  taken,  4 :  2083,  2101,  2103 

Manner  of  taking,  4 :  2101,  2102 

Notice  of  taking,  time  of,  4:  2101 

Service  of  notice  and  affidavit,  4 :  2101 

Time  of  taking,  4:  2083 

To  be  used  in  States,  4 :  2103-2107 

Using  at  trial,  4 :  2084,  2102 

Who  may  take,  4:2101 
Manner  of  taking  in  general,  4 :  2065 
Notice  of  taking 

How  waived,  4:  2063 

Necessity,  in  general,  4:  2063 

Where  party  defaults  or  fails  to  appear,  4 :  2063,  2085,  2097 
Out  of  Canal  Zone 

Application   for,   4:2091,   2093 

Commission  to  take,  4:  2091,  2094 

Continuance  for  nonreturn  of  commisison,  4 :  2095 

Either  party  may  use,  4 :  2096 

How  taken,  4 :  2091-2097 

Interrogatories,  4 :  2092 

Notice  of  taking,  4 :  2091,  2093,  2097 

Oral  interrogatories,  4:  2093,  2094 

Right  to  use  of,  4:  2096 

Time  of  taking,  4:  2082 
Party,  right  to  take  deposition  of,  4 :  2083,  2085 
Perpetuating  testimony,  proceedings,  4 :  2161-2167 
Postponement  of  trial,  deposition  of  witness  on,  4 :  439,  774 
Prisoner,  of,  4:  2050,  2051 
Question  and  answer  form,  4 :  2065 
Reading  in  evidence,  4:  2083,  2084,  2006,  2102,  2166 
Refusal  of  witness  to  subscribe  to,  punishment  of,  4 :  2046 
Time  of  taking,  4 :  2082,  2083 
To  be  used  in  States,  4 :  2103-2107 
When  complete  under  perjury  laws,  5 :  147 
When  may  be  used,  4 :  2083,  2084,  2096,  2102,  2166 
Who  may  take,  4 :  33,  2101 
Wills,  deposition  of  witnesses  to,  4 :  1221 
Witness  present,  deposition  not  to  be  read,  4 :  2083 
Written  declarations  under  oath  to  be  by,  4 :  2081 


IN    CEIMINAL    ACTIONS 


Application  for 

Requisites,  6:  704 

To  whom  made,  6:  705 


1086 


IJJDBX 

Depositions — Continued 
Commission 

Deflnetl,  6:  703 
Granting  of  order  for,  6:  TOG 
Indorsement  as  to  return,  6:  708 
Manner  of  execution,  6:  709 
Conditional  examination  of  witnesses,  on  6 :  689-691 
Depose,  defined,  5:  5 
Fees  for,  as  element  of  costs,  6 :  392 
Filing  of  commission  and  return,  6:  712 
Granting  of  order  for  commission,  6 :  706 
Ground  for  application  for,  6:  702 
Inspection  of  commission  and  return,  6 :  713 

Interrogatories  and  cross-interrogatories,  service  and  settlement   6  •  707 
Nonresident  witnesses,  wlien  may  be  examined,  6 :  701,  702 
Preliminary  Iiearing,  at,  taking  and  use  of,  6: 14,  147* 
Reading  in  evidence 

Commission,  wlien  taken  on,  6 :  714 
Conditional  examination,  when  taken  on,  6 :  691 
Preliminary  Iiearing,  wlien  taken  at,  6 :  14,  147 
Return  of 

Indorsement  on  commission  as  to,  6 :  708 
Through  agent,  6  :  710 
Where  agent  Incapacitated,  6 :  711 
Right  of  defendant  to  take,  of  nonresident  witnesses,  6 :  701    702 
Search  warrant,  at  examination  for,  6 :  764,  765 
Stay  of  trial,  when  ordered,  6 :  706 
Deposits 

See  Depositaries  ;  Warehousemen 
Animals,  of,  3 :  1112 
Court,  in  see  Deposits  in  Court 
Delivery  of,  3 :  1101-1107 
Exchange,  for 

Defined,  3:1096 
Effect  of,  3 :  1221 
Finding,  3  :  1211-1219  ;  see  Finders  ;  Lost  Property 
Gratuitous,  3 :  1121-1124 
Hire,  for,  3  :  1131-1137 ;  see  Storage 

Indemnificiation  of  depositary  for  expenses  and  damages,  3 :  1111 
Insolvent  bank,  receiving  in,  5 :  756 
Involuntary 

Duty  of  depositaries,  3:1094 
Gratuitous,  are,  3 :  1122 
How  made,  3 :  1093 
Joint 

Delivery  to  depositors,  3  :  1106 
Performance  to  one  creditor,  effect  of,  3 :  1107 
Keeping,  deposit  for,  what  is,  3 :  1095 
Kinds  of,  3 :  1091 
Lien  for  storage,  3  :  1136 
Loans,  see  Loans 

Loss  or  injury,  liability  of  depositary,  for,  3 :  1116 
Obligations  of  depositaries,   3 :  1101-1107 
Perishables,  sale  of,  3 :  1137 
Sale  of  property,  when  may  be  ordered,  3 :  1137 
Storage,  3 : 1131-1137 ;  see  Storage 
Termination  of,  3 :  1134,  1135 
Use  of  thing  deposited,  3 :  1113,  1114 
Voluntary,  how  made,  3 :  1092 
Deposits  in  Court 

Authority  of  assistant  and  acting  clerks  respecting.  4 :  897 
Bail,  deposits  in  lieu  of,  see  Bail 
Bonds,  deposits  in  lieu  of 
Clerk  may  accept,  4  :  965 
Magistrate  may  accept,  4  :  846 
By  one  interpleading,  4 :  142 

1087 


INDEX 

Deposits  in  Court — Continued 

Commission  for  receiving  and  caring  for  funds,  4 :  395 
Designation  of  depository  by  judge,  4 :  396 
Disbursement  of  funds  placed  in  depository,  4 :  394 
Disposition  of  unclaimed  funds  by  cleric,  4:398 
Enforcement  of  order  for,  4 :  392 
Grounds  for  ordering,  4  :  391 
Maintenance  of  general  deposit  account,  4 :  395 
Record  of  receipt  and  disbursement,  4 :  394 
Registry  of  court,  money  deposited  deemed  in,  4 :  393 
Sums  of  $200  or  less,  deposit  in  savings  account,  4 :  395 
Sums  over  $200,  deposit  in  designated  depository,  4 :  394 
Surplus  after  foreclosure,  of,  4 :  642 
Unclaimed  funds,  disposition  of  by  clerk,  4 :  398 
Undertakings,  deposits  in  lieu  of 

Appeal  to  district  court,  on,  4 :  885 

Clerk  may  accept,  4  :  965 

Magistrate  may  accept,  4 :  846 
When  court  may  order,  4  :  391 
Descent 

See  Succession 
Statute  of  descents,  3  :  633 
Desertion 

See  Divorce 
Detainer 

Unlawful,  see  Forcible  Entry  and  Unlawful.  Detainer 
Dies 

Making  or  possessing  for  counterfeiting,  5 :  737 ;  p.  911,  sec.  284 
Disability 

See  Infants  ;  Insane  Persons  ;  Married  Women 
Discharge 

See  Dismissal 
Defendant,  of 

Amendment  of  information,  on  failure  to  permit,  6 :  258 

Arrest  of  judgment,  on,  6 :  464 

By  district  attorney  after  investigation,  6 :  176 

Compromised,  when  offense  is,  6 :  802 

Dismissed,  when  action  is,  6 :  794 

Failure  of  information  to  charge  offense,  6 :  388 

Jurisdiction,  for  lack  of,  6 :  388 

New  information,  on  failure  to  direct  or  tile,  6 :  244,  258 

Preliminary  hearing,  on 

Filing  information  after  discharge,  7 :  3 
Granted  when,  6:  141 

Verdict  of  acquittal,  on,  6:  420 

Witness,  to  be,  6 :  366-368 
Person  confined  on  civil  process,  of,  4 :  1121-1129 
Disease 

See  Health 
Animals 

Bringing  in  animals  and  violating  quarantine  proclamation,  5:  5(5(5 

Offenses  respecting  diseased  animals,  5:  563-565 
Exposure  in  public  of  person  afflicted  with  communicable  disease,  5 :  503 
Maintaining  hospital  for  communicable  diseases  in  town,  5:  505 
Dismissal 

Absence  of  adverse  party,  taking  dismissal  in  case  of,  4 :  437 

Actions  may  be  dismissed,  when,  4 :  415 

Appeal  from  magistrate's  court,  of,  4 :  888,  890,  891 

Costs  on  dismissal  of  action,  4 :  1009 

Criminal  actions,  of,  see  separate  subhead,  infra 

Grounds  for,  4:415^18 

How  made,  4 :  415 

Magistrate's  court,  in,  4 :  792,  793 

Summons,  failure  to  issue,  serve  and  return,  4 :  416 

Want  of  prosecution,  for,  4 :  418 

1088 


INDEX 

OF  CEIMINAL  ACTIONS 

Dismissal — Continued 
See  Discharge 

Bar  to  another  prosecution,  when  is,  6 :  276,  795 
Continuance  ordere<l,  when  and  how,  6 :  792 
Court  may  order  on  its  own  motion,  6 :  793 
Discharge  of  defendant,  see  Discharge 
Grounds  for,  6 :  791,  793 
Information 

Dismissal  as  har,  6 :  276,  795 
Failure  to  file  within  20  days,  6:  791,  792 
Trial,  fsiilure  to  bring  on  within  120  days,  6 :  791,  792 
Disorderly  Conduct 

Engaging  in  any  kind  of,  punishment,  5 :  603 
Regulations  respecting 

Authorized,  5:  591 

Punishment  of  violations,  5 :  592 
Disorderly  Houses 
See  Prostitution 
Keeping,  a  misdemeanor,  5 :  456 
Disqualification 
District  judge 

In  general,  4 :  28 

In  probate  proceedings,  4 :  1401 
Judges,  change  of  place  of  trial,  see  Place  of  Trial 
Jurors,  of,  4 :  452 
Magistrate,  of,  4 :  28,  682 
Distribution 

Community  property,  on  divorce,  3 :  124,  125 
Estates,  of,  see  Estates  of  Decedents 
Rules  of,  where  one  dies  intestate,  3 :  633 
District  Attorney 

Absence  or  disability,  powers  of  assistant,  6 :  16 

Abuse  of  parental  authority,  may  bring  civil  action,  3:  173 

Advice  to  Governor  on  request,  7 :  38 

Annulment  of  marriage,  may  institute  suits  for,  3 :  55 

Appointment  of ,  7  :  42 

Assistant  district  attorneys,  authorization  and  compensation,  7:  39 

Assistant  included  by  words  "  district  attorney  ",  when,  6 :  16 

Bail 

Duty  to  enforce  forfeiture  by  action,  6 :  623 

Notice  to  of  application  for,  when  given,  6 :  547 

Notice  to  of  application  to  reduce,  6 :  582 
Clerks  and  other  employees  of,  authorization  and  compensation,  7 :  39 
Compensation  of,  7 :  37 

Delivery  of  papers  to,  following  preliminary  hearing,  6 :  149 
Duties,  in  general,  7:  38 

Escheat  of  property,  may  bring  action  for,  4 :  1182 

Espionage  act  violations,  powers  in  cases  of,  p.  947,  sec.  574 ;  p.  1012,  sec.  39 
Establishment  of  office  of,  7:  37 

Examination  of  witnesses  after  commitment  of  defendant,  6:  173 
Fines,  debts,  and  forfeitures  accruing  to  Government,  to  recover,  6:  17 
Information 

Disclosure  of  making  for  felony  before  arrest,  5 :  182 

Examination  of  witnesses  relative  to  filing,  6 :  173 

Filing  after  commitment  and  examination,  (5 :  174 

Filing  after  discharge  on  preliminary  hearing,  7 :  3 

Filing  direct,  6:  141 
Investigation  by 

After  commitment  of  defendent,  6:  173 

Ordering  discharge  of  defendant,  6:  176 
Leave  of  absence,  7 :  42 

Legal  proceedings  for  Government,  to  conduct,  7 :  38 
Offenses  in  presence  of,  oral  order  for  arrest,  6 :  86 
Residence  during  term,  7 :  42 

1089 


INDEX 

District  Attorney — Continued 

Subpeiias,  power  to  issue,  6:  655 
Support  of  child  ol  parent  dying,  may  sue  for,  3 :  175 
Term  of  office,  7 :  42 

Undertakings  to  lieep  peace,  to  prosecute,  6:  52 
Vacancy  in  office,  powers  of  asssitant,  6 :  16 
Warrants  of  arrest,  may  issue,  6 :  71 
District  Court 

See  Courts  ;  Judges  ;  District  Judge 
Adjournment  while  jury  out,  4:  471 
Admiralty 

Jurisdiction  in,  7:  23,  25 

Practice  and  procedure  in,  7:  25 
Appeal  to  or  from,  see  Appeal 
Calendar 

Entry  of  causes  on  civil  calendar,  4 :  436 

Keeping  calendar  of  pending  criminal  actions,  6:  311 

Order  of  disposing  of  criminal  actions  on,  6:  312 
Chambers,  powers  at,  see  District  Judge 
Clerk,  see  Clerk  of  District  Court 
Decisions  on  trial  by  court,  4:  501,  502 
Deposits  in,  see  Deposits  in  Court 
Designation  of,  7:  21 

Divisions  of,  establishment  and  boundaries,  7:  22 
Dockets,  civil 

Entry  of  judgments  in,  4 :  545,  548 

Entry  of  satisfaction  in,  4 :  550 

Inspection  of,  4 :  549 

What  required,  4:  26 
Docket,  criminal,  keeping  by  clerk,  6:  841 
Establishment  of,  7:  21 

Findings  of  fact  on  trial  by  court,  4 :  502,  503 
High  seas,  offenses  on,  jurisdiction,  practice,  and  procedure,  7 :  26 
Incidental  powers  and  duties,  4:  23 
Judge,  see  District  Judge 
Jurisdiction 

See  also  Jurisdiction 

Admiralty,  in,  7:  23,  25 

Annulment  of  marriage,  suits  for,  3:  56 

Attendance  and  production  of  papers  before  Canal  officers,  to  compel, 
2:  43 

Damages  to  vessels,  etc..  In  locks,  actions  for,  2 :  10 

Espionage  act,  offenses  under,  p.  904,  sec.  39;  p.  947,  sec.  574;  p.  1012, 
sec.  39 

Fortifications  or  harbor  defenses,  offenses  involving  injuries  to,  p.  905, 
sec.  96 

High  seas,  offenses  on,  7:  26 

In  general,  7 :  23 

Law  and  equity  jurisdiction  not  separately  exercised,  7:  24 

Neutrality,  offenses  against,  p.  904,  sec.  39 

Patent,  trade-mark,  and  copyright  laws,  actions  under,  3:  291 

Presumption  that  court  acts  within,  4:  2007 
Minute  books,  recording  proceedings  in,  4:  958 
Orders,  see  Orders 

Powers  respecting  conduct  of  proceedings,  4:  23 
Probate 

Proceedings,  see  Probate  Proceedings 

Wills,  of,  see  Wills 
Pi-ocess,  see  Process;  Summons 
Publicity  of  proceedings,  4:  21,  22 
Questions  of  law  addressed  to  court,  4:  2182 
Records,  see  Judicial  Records  ;  Records 
Remanding  criminal  action  to  magistrate's  court,  6:177 
Reporter,  see  Reporter 
Revenues  collected  by  clerk,  to  be  turned  over  to  collector,  6:  843 

1090 


INDEX 

District  Court — Continued 

Kules    governing   criminal    procedure   after    verdict    or   finding   of   guilt 

p.  i)83,  sec.  723a 
Rules  of,  judge  to  prescribe,  7 :  27 
Seal 

Counterfeiting,   punishment,   5:  723 

To  have,  4:  24 

To  what  documents  affixed,  4 :  25 
Special  district  judge,   7:  29 
Terms  of,  7:  28 
Trial  by  court 

In  general,  4:501-504 

Issues  triable  by  court,  4 :  434 

Rules  of  evidence  applicable,  4:  2183 
Who  may  conduct  litigation  in,  4 :  46 
District  Judge 
See  Judges 

Acknowledgments,  may  take,  3:  491,  512;  4:  33 
Affidavits,  may  take,  4:  33,  2074 
Appointment  of,  7 :  42 

Arrest  on  oral  order  for  offenses  in  presence  of,  6 :  86 
Chambers 

Orders  while  absent  from  Canal  Zone,  7 :  31,  32 

Powers  of  district  judge  at,  4 :  27,  30,  1218 

Review  of  ex  parte  orders  made  in,  4:  861 
Clerical  assistants  to,  appointment  and  compensation,  7:  36 
Compensation  of,  7  :  30 

Contempt,  power  to  punish  for,  in  general,  4:  32 
Depositions,  may  take,  4:  33,  2101 
Disqualification 

Grounds  for,  4  :  28 

In   probate  proceedings,   4 :  1401 
Establishment  of  office  of,  7:  29 

Jurors,  to  provide  for  selection,  summoning  and  serving,  7 :  34 
Law  partner,  cannot  have.  4 :  29 
Leave  of  absence,  7:  42 
Mileage  and  per  diem  allowances,  7 :  30 
Orders  while  absent  from  Canal  Zone,  7:  31,  32 
Power  of 

At  chambers,  4:  27,   30,   1218 

In  conduct  of  proceedings  generally,  4 :  23,  31 

Out  of  court,  4 :  30 

Prescribing  process  and  procedure  where  none  specified,  4 :  35 
Process  and  procedure,  may  prescribe  where  none  specified,  4 :  35 
Residence  during  term,  7:  42 

Review  of  ex  parte  orders  made  out  of  court.  4 :  861 
Rules  of  court,  authority  to  prescribe,  7:  27 
Special   district   judge,   7:  29 
Term  of  office,  7:  42 

Terms  of  court,  authority  to  designate  times  for,  7 :  28 
Disturbing  Peace 

See  Breach  of  Peace;  Peace 
Definition  and  punishment,  5 :  602,  603 
Disturbing  religious  or  other  meeting,  punishment,  5:  593 
Divorce 

Admission  of  defendant  as  evidence,  4 :  2155 
Adultery 

As  cause  for,  3:  71 

Defined,  3:  72 

Limitation  of  action  for  divorce  for,  3:  104 
Alimony 

Order  of  resort  to  property  to  pay,  3 :  121 

Pending  action  for  divorce,  3:  113 

Pending  action  for  permanent  support,  3:  116 

1091 


INDEX 

Divorce — Continued 

Alimony — Continued 

Separate  property  when  not  subject  to,  3:  122 

When  divorce  decreed,  3 :  120 
Annulment  of  marriage,  3  :  55-59  ;  see  Markiaoe 
Appeal  from  interlocutory  order,  3 :  119 
Causes   for   denying,   3 :  91-108 
Causes  for  granting,  3 :  71 

Custody  of 

Orders  respecting,  3:  112,  120 
Pending  suit,  3:  112 

In  general,  see  Pakent  and  Child 

Legitimacy 

Not  affected  by  divorce,  3:  118,  634 
When  born  after  divorce,  3 :  163 

Providing  for,  where  divorce  denied,  3 :  115 

Support  of 

Community  and  separate  property  subjected  to,  3 :  123 
Orders  respecting,  3:  120 
Collusion  as  defeating,  3:  91,  94 
Community  property 

Disposed  of,  how,  3:  124,  125 

Disposition  in  action  for  permanent  support,  3 :  116 

Resort  to,  3  :  121 

Subject  to  support  of  children,  3:  123 
Compelling  conveyance  of  property  belonging  to  other  spouse,  3:  12(5 
Complaint,  facts  required  to  be  stated,  4 :  203 
Condonation 

As  a  bar,  3 :  91,  95-101 

Cures  desertion,  3  :  80 

Pvecriminatory  defense,  of,  3  :  103 
Confessed,  procedure  where  bill  is  taken  as,  3:114 
Connivance  as  defeating,  3  :  91-93 
Consent,  corrupt,  how  manifested,  3 :  93 
Cross-complaint  for,  and  proceedings  thereon,  4 :  228 
Cruelty 

As  cause  for,  3 :  71 

Extreme,  defined,  3  :  84 
Decree 

Effect  of  decree  granting  divorce,  3 :  117 

Entry  of  final  decree,  3 :  119 

Former  decrees  legalized,  3 :  128 

Interlocutory  order,  entry  of,  3 :  119 
Default,  procedure  in  case  of,  3 :  114 
Defenses  to  actions  for,  3 :  91-108 
Denying,  grounds  for,  3  :  91-108 
Desertion 

Absence  or  separation  as,  3:77-80 

As  cause  foi-,  3  :  71 

Defined,  3:73 

How  cured,  3  :  80 

How  manifested,  3 :  74 

Induced  by  cruelty  or  threats,  3 :  76 

Induced  by  fraud  or  stratagem,  3 :  75 

Refusal  to  accept  husband's  place  or  mode  of  living,  3:81,  82 
Domicile,  choice  of  by  husband.  3 :  81,  82 
Drunkenness  as  cause  for,  3 :  71,  83 
Felony,  for,  limitation  of  actions,  3:104 
Grounds  for  denying.  3:91-108 
Interlocutory  order  of,  3:119 
Jurisdiction  of  district  court.  7:23 
Limitation  or  lapse  of  time  as  a  bar,  3:  91,  104-106 


10J)2 


INDEX 

Divorce — Continued 
Maintenance 

Action  for  without  divorce,  3 :  116 
Decreeing  when  divorce  denied,  3 :  115 
What  property  resorted  to  to  pay,  3 :  121 
When  divorce  decreed,  3 :  120 
Marriage,  see  Marriage 
Marriage,  how  dissolved,  generally,  3 :  111 
Name,  resumption  of  former,  3 :  127 
Practice  in  proceedings  for,  4 :  ISl 
Presumptions  arising  from  lapse  of  time,  3:105,  10(5 
Process  in  proceedings  for,  4 :  181 
Recrimination  as  a  bar,  3 :  91,  102 
Recriminatory  defense,  condonation  of,  3 :  103 
Residence  of  plaintiff  for  purposes  of,  3 :  108 
Resumption  of  former  name,  3 :  127 
Security  for  alimony  and  maintenance,  3 :  120 
Separate  property 
Resort  to,  3 :  121 

Subject  to  support  of  children,  3 :  123 
When  not  subject  to  allowance,  3 :  122 
Separation 

Agreement   for,   see  Husband  and   Wife 
As  desertion,  3 :  77-80 
Service  of  process  in  divorce  actions,  4 :  182 
Sitting  of  court,   private,  4 :  22 
Support,   action  by  wife  for  permanent,  8 :  116 
Time  for  appearance  and  answer,  4 :  183 
Venue,  4 :  152 
Dockets 

See  District  Court;  Magistilvtes'  Courts 
Docks 

Injuring  piles  securing,  punishment,  5 :  838 
Doctors 

See  Physicians 
Documents 

See  Written  Instruments 
Production  of,  see  Production  of  Documents 
Dog  Fighting 

Offenses  respecting,  5 :  608 
Domestic  Relations 

See  Divorce;  Husband  and  Wife;  Parent  and  Child 
Domicile 

See  Residence 

Husband   may  select.   3:81,   82,   132 
Law  of,  governs  personal  property,  3 :  361 
Doubt 

Degree  of  crime,  as  to,  effect,  6 :  364 
Guilt,  reasonable  doubt  as  to,  acquittal,  6 :  363 
Drugs 

Administering  to  commit  a  felony,  punishment,  5 :  313 
Adulteration,  see  Adulteration 
Assault  with  caustic  chemicals,  punishment,  5 :  345 
Compounding  or  labeling,  offenses  respecting,  5 :  541 
Narcotics,  see  Narcotics 
Poisons,  see  Poisons 

Selling  or  offering  unwholesome  drugs,  punishment,  5 :  544 
Drunkenness 

See  Intoxication 
Duels 

Defined,  5:  321 

Fighting  or  sending  or  accepting  challenge,  punishment,  5 :  322 

Leaving  Canal  Zone  to  evade  laws  against,  5 :  325 

Officer,  breach  of  duty  to  prevent,  punishment,  5 :  324 


1003 


INDEX 

Duels — Continued 

Publishing  another  for  not  fighting,  punishment,  5 :  323 
Witness  lias  no  privilege  in  case  of,  5 :  326 
Due  Process  of  Law 

Guarantee  of,  1:  1 
Duress 

Criminal  liability  as  affected  by,  5 :  57 
Contracts 

Consent  obtained  by,  3 :  823,  824 

Renders  contract  voidable,  3:  823,  952 

Rescission  for,  3:  952 

What  constitutes  duress,  3 :  825 
Marriage  voidable  where  consent  procured  by,  3:  54 
Will  procured  or  revoked  by,  3 :  522 
Ejectment 

Alienation  pending  suit  does  not  prejudice,  4 :  670 
Improvements  as  set-off,  4 :  664 

Return  to  possession  after  removal,  a  misdemeanor,  5:  180 
Survey  of  land  in  dispute,  4 :  665,  606 

Termination  of  plaintiff's  title  pending  suit,  effect  of,  4 :  663 
W>it  of  possession,  4:  137 
Electricity 

Stealing  of,  punishment,  5:  782 
Embezzlement 

Bailee,  by,  5:  665 

Carriers,  by,  5:  664 

Claim  of  title  as  defense,  5 :  668 

Clerk,  agent,  or  servant,  by,  5:  666 

Defined,  5:  661 

Embezzled  property 

Belonging  to  estate,  proceedings  to  recover,  4 :  1451-1453 

Bringing  into  Canal  Zone,  5 :  56,  788 

Entries  by  police  as  to,  6:  827 

Oflicer  holds  subject  to  order  of  court,  6 :  821 

Restoration  to  owner  by  court,  6 :  822-824 

Sale  and  disposition  of  proceeds  where  unclaimed,  6 :  825 
Evidence  of  debt  as  subject  of,  5 :  667 
Evidence  of,  what  sufficient,  6:  381 
Fiduciaries,  by  various  classes  of,  5 :  663 
Information  for,  6:  204 
Intent  to  restore,  as  defense,  5 :  669 
Persons  or  officers  generally,  by,  5 :  662 
Public  moneys,  of 

In  general,  5:  622,  662 

No  limitation  in  prosecution  for,  6 :  61 
Punishment  of,  5 :  671 

Restoration  as  ground  for  mitigation,  5 :  670 
Tenant,  by,  5:  665 

Ward's  property,  examination  of  suspect,  4:  1811 
Eminent  Domain 

Guarantee  of  just  compensation,  1 :  1 
Employees 

See  Master  and  Servant 

Compensation   for   injuries,   see   Injuries   to   Canal   and   Railroad   Em- 
ployees 
Government,  of 

Additional  compensation  for  acting  for  another,  p.  872,  sec.  72 

Adjustment  of  compensation  of  positions  in  field  services,  p.  875,  sees. 
677,  678 

Contributions  or  presents  to  superiors,  p.  874,  sec.  113 

Division  of  time  and  computation  of  pay,  p.  874,  sec.  84 

Double  salaries,  p.  870,  sees.  58-59a 

Extra  allowances,  p.  872,  sec.  70 

Extra  compensation  or  perquisites,  p.  872,  sec.  71 

Extra  services,  p.  871,  sec.  69 

1094 


INDEX 

Employees — Continued 

Government,  of — Continued 

Fees  or  dues  in  societies,  p.  873,  sec.  83 

Holding  other  lucrative  office,  p.  871,  sec.  62 

Leave  of  employees  in  reserve  corps,  p.  891,  sec.  371 

Personnel  reductions,  married  persons,  p.  870,  sec.  37a 

Preference  in  apointment  against  spouse  of  married  employee,  p.  869, 

sec  35a 
Preference  in  appointment  to  discharged  soldiers,  etc.,  p.  869,  sec.  35 
Receiving  salary  from  source  other  than  United  States,  p.  871,  sec.  66 
Retired  service  officers  and  enlisted  men,  p.  870,  sees.  59,  59a,  62 
Subsistence  expense  act,  p.  887 
Transportation  of  automobiles  of,  p.  888,  sec.  823a 
Travel  on  ships  of  American  registry,  p.  996,  sec.  891r 
Traveling  expenses,  p.  872,  sees.  73,  73a,  73b 
Withholding  pay  on  removal  for  cause,  p,  870,  sec.  46a 
Withholding  pay  when  in  arrears,  p.  873,  sec.  82 
Guardians  of  estates  of,  public  administrator  as,  4 :  1747 
Panama  Canal,  of 

Appointment,  2:  81 
Compensation 

Deduction  from,  of  amounts  due  for  supplies  or  services,  2:  83 
Deduction  from,  of  persons  in  military  or  naval  service,  2 :  82 
Due  deceased  or  insane  employee,  payment,  4 :  1705 
Fixing  of,  2 :  81 

For  injuries,  see  Injuries  to  Canal  and  Railroad  Employees 
Deceased  or  insane,  payment  of  compensation  due  to,  4 :  1705 
Disability,  retirement  for,  2:  94 

Exemption  from  military  service  of  Panama,  p.  844,  art.  12 
Exemption  from  taxation  by  Panama,  p.  834,  art.  10 
Immigration  and  free  access,  Panama  to  permit,  p.  844,  art.  12 
Removal,  2:  81 

Retirement,  see  Retirement  of  Canal,  and  Raii,eoad  Employees 
Panama  Railroad  Company,  of 

Compensation  due  deceased  or  insane  employee,  payment,  4 :  1705 
Compensation  for  injuries  to,  2:  121-123;  see  Injuries  to  Canal  and 

Railroad  Employees 
Exemption  from  taxation  by  Panama,  p.  843,  art.  10 
Liability  of  Railroad  for  injuries  to,  p.  989,  sees.  52-59 
Retirement,  2 :  91-107 ;  see  Retirement 
Postal  service,  authority  of  Governor  to  appoint,  2 :  272 
Public  moneys,  offenses  by  employees  respecting,  5 :  621-625 
■Retirement,  see  Retirement  of  Canal  and  Railroad  Employees 
Engineers 

Intoxication  of,  punishment,  5 :  526 
Omission  to  give  warning  at  crossing,  5 :  525 
Entry 

Forcible,  see  Forcible  Entry  and  Unlawetjl  Dettainer 
Judgment,  see  Judgment 
'Equity 

See    Cancelation  ;    Injunctions  ;    Preventive   Relief  ;    Quieting    Title  ; 

Reformation  ;  Rescission  ;  Specific  Pe:rformance  ;  Specifio  Relief 
Jurisdiction  of  district  court,  in,  7 :  23 
Law  and  equity  jurisdiction  not  separately  exercised,  7 :  24 
Maxims  of  jurisprudence,  3:  2831-2865 
One  form  of  civil  action  only,  4 :  71 
Error 

Disregarded  where  substantial  rights  not  affected,  4 :  277 
Pleading,  in,  does  not  invalidate  unless  prejudicial,  6:  162,  189 
Escape 

Arrest,  from,  retaking,  6:  100,  101 
Assisting,  punishment  of,  5 :  202,  203 
Carrying  into  prison  things  useful  in,  5:  204 
Hospital,  assisting  escape  of  person  confined  in,  5 :  205 

1095 


INDEX 

Escape — Continued 

Liability  of  marshal,  4:  313 
OflBcer  aiding  or  permitting,  5:  202 
Punisliment  of,  5 :  201 

Refusing  to  aid  in  retaking,  punishment  of,  5 :  175 
Reward  for  escaped  convict,  Governor  may  offer,  6:  851 
Escheat  of  Property 

Action  to  determine  rights  of  United  States  to  escheated  property,  4 :  1182, 

1183 
Alien,  interest  of,  escheats  when,  3 :  263 

Claims  against  estate,  escheat  where  claimant  cannot  be  found,  4:  14M 
Claim  to  escheated  property,  4 :  1184 
Decedent's  estate,  of,  see  Estates  of  DEx;Ea>E:NTS 

Distributive  share  of  estate,  escheat  of  in  certain  cases,  4:  1651,  1663 
Proceeds  covered  into  Treasury,  4 :  1185 
Sale  of  escheated  property,  4:  1182 

When  property  escheats,  in  general,  3 :  633,  652 ;  4 :  1181 
Escrow 

Delivery  in,  3:  458 
Espionage 

Offenses  and  punishment,  p.  1009,  sees.  31-42 
Estates 

See  Estates  of  Decedents  ;  Propekty  ;  Real  Property  ;  Succession  ;  Wills 
Life ;  for,  inventory  by  legatee  lor  life,  3 :  617 
Estates  of  Decedents 

See  Executors  and  Administrators  ;  Probate  Proceedings  ;  Public  Admin- 
istrator ;  Succession  ;  Wills 
Absentee's  interest  in,  disposition  of,  4:  1661-1665 
Actions  by  and  against  estates,  see  Executors  and  Administrators 
Administration  of  estate  less  than  $150,  by  public  administrator,  4:  1703 
Administration  of  estate  not  exceeding  $1,000  in  value,  4 :  1467 
Agents  for  absent  distributees,  4:  1661-1665 
Aliens  dying  intestate,  disposition  of  estate,  4 :  1706 
Appraisement,  4 :  1431-1433 

Attachment  of  personalty  pending  administration,  4 :  376 
Attorneys'  fees,  4:  1565,  1568 

Citation  to  person  intrusted  with  property  of,  to  account,  4 :  1454 
Claims  against  estate 
Action  on 

Claimant  not  a  competent  witness,  4:  1903 
Executor's  claim,  4 :  1490 
Judgment  and  execution,  4 :  1485 
Liability  of  representative  for  costs,  4:  1489 
"  Limitations,  4 :  1479,  1482 
Presentment  or  filing  as  prerequisite,  4 :  1481 
Time  to  bring  after  rejection  of  claim,  4 :  1479 
Action  pending  at  decedent's  death,  filing  claim,  4:  1483 
Affidavit  and  allowance,  payment  without,  4 :  1578 
AJfidavit  to  support,  4 :  1476 
Allowance  in  part,  4 :  1484 
Allowance  of,  4:  1477 

Contingent  or  disputed  claims,  provision  for,  4:  1596 
Contracts   of   decedent   to    transfer   property,    compelling   completion, 

4:  1541-1551 
Costs,  liability  of  executor  for,  4 :  1489 
Debts  of  estate,  see  that  subhead,  infra 
Description  of,  entry  by  clerk  in  register,  4 :  1475 
Examination  of  claimant  as  to  validity,  4 :  1480 
Execution 

After  order  for  payment  of  claims,  4 :  1597 
Levied  before  death,  4:  1486 
Not  to  issue,  4 :  1485,  1486 
Executor's  claim,  4 :  1490 

Exhibit  of,  duty  of  representative  to  render,  4 :  1571 
Failure  to  file,  effect  of,  4 :  1475 

1096 


INDEX 

'Estates  of  Decedents — Continued 

Claims  against  estate — Continued 

Hearing  evidence  as  to  validity,  4 :  1480 

Indoi-sing  allowance  or  rejection,  4 :  1477 

Interest-bearing  clairus,  payment  of,  4 :  1493 

Interest  on,  4 :  1476 

Judgment 

Against  decedent  in  liis  lifetime,  4 :  1486 
Against  representative,  effect  of,  4 :  1485 
Claims  by  judgment  creditors,  4 :  1485,  1486 
Filing  of  transcript,  4:  1485 

Liability  of  representative  after  payment  decreed,  4:  1597 

Lien 

Action  to  enforce,  4:  1481 

Presentation  of  claim  secured  by,  4 :  1478 

Limitation  of  actions  on,  4:  1479 

Limitations,  claims  barred  by,  not  to  be  allowed,  4 :  1480 

Mortgage 

Presentation  or  filing  of  claim  secured  bj%  4 :  1478 
To  enforce,  4:  1481 

Not  due,  provision  for,  4:  1596 

Not  included  in  oixler  for  payment  of  debts,  how  disposed  of,  4:  1598 

Notice  to  creditors,  see  that  subhead,  infra 

Procedure  where  claimant  cannot  be  found,  4 :  1494 

Proofs  may  be  demanded,  4:  1476 

Purchase  by  representative  forbidden,  4:  1566 

Ranking  of  allowed  claims,  4 :  1477 

Reference  of  disputed  claim,  4 :  1487,  1488 

Rejection  of,  4:  1477,  1479 

Representative  not  to  purchase,  4 :  1566 

Statement  of,  executor  to  return,  4 :  1492 

Statute  of  limitations,  claims  barred  by,  not  to  be  allowed,  4:  1480 

Time  for  presenting  or  filing,  4 :  1472,  1477,  1482 

Vacancy  in  administration,  time  of,  not  included,  4 :  1482 

Voucher,  withdrawing  original,  4 :  1478 

Vouchers  may  be  required,  4:  1476 

Written  instrument,  claim  founded  on,  how  presented,  4 :  1478 
Community  property  is  subject  to  administration,  debts,  and  charges,  3 :  649 
Concealed  property,  proceedings  to  recover,  4 :  1451-1453 
Costs  of  administration,  see  Expenses  of  administration,  this  subject 
Death  of  child  pending  administration,  4 :  1622 
Death  of  heir  or  legatee  before  distribution,  4 :  1627 
Debts  of  estate 

All  property  chargeable  with,  4 :  1501 

Apportionment  where  funds  insufficient,  4 :  1593,  1595 

Community  property  liable  for,  3 :  649 

Contingent  or  disputed  claims,  provision  for,  4:  1596 

Dividends  to  creditors  when  estate  insufficient,  4 :  1593,  1595 

Execution  for  debts,  right  to  after  payment  decreed,  4:  1597 

Family  allowance,  preference  over  debts,  3 :  612 ;  4 :  1465 

Funeral  expenses,  order  of  payment,  4 :  1591,  1594 

Interest-bearing  claims,  payment  of,  4 :  1493 

Interest,  rate  payable  where  estate  insolvent,  4:  1591 

Judgments,  order  of  payment,  4 :  1591 

Last  sickness,  payment  of  expenses  of,  4 :  1591,  1594,  1704 

Liability  of  successors  for  decedent's  obligations,  3 :  653 

Liens,  order  of  payment  of,  4 :  1591,  1592 

Mortgages,  preference  of,  4 :  1591,  1592 

Not  due,  provision  for,  4 :  1596 

Order  for  payment 

Disposition  of  claims  not  included  in,  4 :  1598 
Execution  may  issue  on,  4 :  1597 
Personal  liability  of  representative  after,  4:  1597 
When  made,  4:  1595 

Order  of  payment,  4 :  1591 

93803—34 70  1097 


INDEX 

'Estates  of  Decedents — Continued 
Debts  of  estate — Continued 

Payable  when  ordered  by  court,  4 :  1594 
Payment 

Claims  not  due,  4:  1596 

Contingent  or  disputed  claims,  4 :  1596 

For  less  than  value,  4 :  1566 

Interest-bearing  claims,  4:  1493 

Order  of  resort  to  property  for  payment,  3 :  612,  614 

Secured  debts  by  special  administrator,  4 :  13S8 
I'ersonal  liability  of  representative  after  order  for  payment,  4 :  1597 
Preference  of  debts  of  prior  class,  4 :  1593 
Procedure  where  claimant  cannot  be  found,  4 :  1494 
Proceedings  where  funds  insufficient,  4 :  1593,  1595 
Promise  by  representative  to  answer  out  of  own  estate,  4 :  1561 
Property  chargeable  with,  4 :  1501 
Depositing  of  funds,  4 :  1532 

Discovery  of  property  after  settlement,  letters  issued  on,  4 :  1668 
Distribution  and  partition 

Advancements  to  heirs,  determination  as  to,  4 :  1641 
Assigning  larger  share  to  one  on  payment  to  others,  4 :  1636 
Assigning  whole  estate  to  one  on  payment  to  others.  4 :  1635 
Assignment  of  interest,  distribution  to  assignee,  4 :  1633 
At  time  of  final  settlement  by  representative,  4 :  1580 
Cases  in  which  may  be  ordered,  4 :  1631 
Commissioners 

Appointment  of,  4 :  1631 

Not  necessary  when,  4 :  1640 

Powers,  4:  1638 

Report  and  confirmation  or  rejection  thereof,  4 :  1639 
Notice,  4 :  1632,  1638 
Payments  for  equality,  4 :  1635,  1636 
Petition  for  and  notice  thereof,  4:  1632 
Report  by  commissioners,  4 :  1639 
Sale  of  estate,  4 :  1637 
Shares,  how  set  out,  4:  1634 
When  may  be  made,  4 :  1631 
Whole  estate  assigned  to  one,  when,  4 :  1635 
Distribution,  final 
Advancements 

Detei'mination  as  to,  4 :  1641 

Effect  of,  see  Advancements 
Agent  for  absent  distributee,  4 :  1661-1666 
At  time  of  final  settlement  by  representative,  4 :  1580 
Bequest  of  debt  due  by  executor,  4 :  1436 

Collector  of  Panama  Canal,  when  made  to,  4:  1651,  1663,  1664 
Contest  of  petition  for,  4 :  1625 

Death  of  heir  or  legatee  before  distribution,  4:  1627 
Death  of  minor  heir,  4 :  1622 
Decree 

Conclusiveness  of,  4 :  1623,  1041 

Entered  at  length,  to  be,  4 :  1681 

What  to  contain,  4 :  1623 
Delivery  to  foreign  executor,  4 :  1624 
Discovery  of  property  after  final  settlement,  4 :  1668 
Distributees  may  sue  representative,  4 :  1623 
Estates  not  exceeding  $1,000,  4 :  1467 
Estates  under  $150,  by  public  administrator,  4:1703 
Extension  of  time  for,  4 :  1599 

Final  account,  distribution  and  partition  at  the  same  time,  4:1580 
Foreign  executor,  distribution  to,  4 :  1624 

Heirs,  issue,  or  children,  proceedings  to  determine  identity,  4 :  1695 
Heirship 

New  trial  in  proceedings  to  determine,  4 :  1689 

Proceedings  to  determine,  4  :  1621 

1098 


INDEX 

•Estates  of  Decedents — Continued 
Distribution,  final — Continued 

Nonresident,  proceedings  where  decedent  wiis,  4 :  1024 

Notice  of,  4 :  1580 

Notice  of  hearing,  4 :  1625 

Order  for,  where  all  debts  paid  by  first  distribution,  4 :  1599 

Order  of  resort  to  property  for  payment  of  legacies,  3 :  613.  G14 

Petition  for,  4  :  1625 

Procedure  where  claimant  cannot  be  found,  4 :  1494 

Refusal  of  share  by  distributee,  procedure,  4: 1651 

Testamentary  trust,  jurisdiction  continues  after  distribution,  4 :  1671 

Time  and  manner  of,  4 :  1622 

Time  for  hearing  and  postponement  thereof,  4 :  1625 

Unclaimed  property,  how  disposed  of,  4 :  1651,  1663 

Where  distributee  cannot  be  found  or  is  incompetent,  4 :  1651 
Distribution,  partial 

Bond  for,  4 :  1611,  1614 

Bond,  payment  of  and  suit  on,  4 :  1615 

Decree  to  be  entered  at  length,  4 :  1681 

Notice  of  application  for,  4 :  1612,  1616 

Order  for,  4 :  1614,  1616 

Partition   on,  4 :  1614,   1616 

Petition  for,  4 :  1611,  1616 

Proceedings  for,  4 :  1611-1616 

Who  may  apply  for,  4:1611,  1616 

Who  may  resist,  4 :  1613,  1616 
Embezzled  property,  proceedings  to  recover,  4 :  1451-1453 
Estates  not  exceeding  $1,000,  summary  administration,  4  •  1467 
Estates  under  $150,  how  handled  by  public  administrator   4  •  1703 
Expenses  of  administration  ' 

All  property  of  estate  chargeable  with,  4 :  1501 
Attorneys'  fees,  4  :  1565,  1568 
Clerk's  fees  in  probate  matters  generally,  4 :  984 
Commissions  and  allowances  of  representatives,  4 :  1565   1567 
Community  property  subject  to,  3 :  649 

Estimate  on  final  distribution  of  expenses  of  closing  estate   4  •  16'>2 
Preference  in  payment,  3 :  612 
Family  allowance 

All  property  of  estate  chargeable  with,  4 :  1501 
Apportionment  of  property  set  apart,  4 :  1466,  1468 
Child  left  unprovided  for,  district  attorney  may  claim  support   3  •  175 
Community  property  subject  to,  3 :  649  ^       .     • 

Estates  not  exceeding  $1,000,  4 :  1467 
Payable  as  soon  as  funds  available,  4 :  1594 
Pending  return  of  inventory,  4:1461 
Pending  settlement  of  estate,  4 :  1464 
Preference  of,  3 :  612  ;  4 :  1465 
Setting  apart  exempt  property,  4 :  1462   1463 
Time  of  taking  effect,  4 :  1465 

Wearing  apparel  and  household  effects,  3  :  649  •  4  •  1461 
Fraudulent  conveyance  by  decedent,  recovery  by  representative,  4:1529- 

Fraudulent  disposition  of  property,  proceedings  for  recovery,  4  •  1451-1453 
Funeral  expenses 

Order  of  payment,  4 :  1591,  1594 

Payment  by  public  administrator,  4 :  1704 

Representative  may  pay  before  qualification,  3:625 
Heirs,  issue  or  children,  proceedings  to  determine  identity   4  •  1695 
Heirship  '      * 

New  trial  in  proceedings  to  determine,  4 :  1689 

Proceedings  to  determine,  4 :  1621 
Inventory 

Afterdiscovered  property,  4 :  1439 

Necessity,  4 :  1431 

Oath  to,  4 :  1437 

1099 


INDEX 

'Estates  of  Decedents — Continued 
Inventory — Continued 

Partnership  interests  of  decedent,  4:  1525 

Revoking  letters  for  failure  to  return,  4:  1438,  1439 

Time  to  return,  4:  1431,  1438 

What  to  contain,  4:  1433-1436 
Investment  of  funds,  4:  1533 
Jurisdiction,  which  division  has,  4:  1201,  1202 
Last  illness,  payment  of  expenses  of,  4 :  1591,  1594,  1704 
Mortgage  of,  borrowing  money  on  chattel  mortgage,  4:  1508 
New  trials,  provisions,  how  far  applicable  to  probate  proceedings,  4:  1689 
Nonresident  distributee,  agent  for,  4:  1661-166'6 
Notice  to  creditors 

Decree  showing  due  notice,  4 :  1474 

Failure  to  give,  4:  1491,  1598 

Filing  copy  of,  4 :  1473,  1474 

In  general,  4 :  1471 

Rejection  of  claim,  notice  of,  4 :  1479 

Rights  of  creditors  without  notice,  4 :  1475 

Time  to  present  claims,  4 :  1472 
Notices  to  persons  interested  during  administration,  4:  1330 
Partnership,  interest  of  decedent  in,  how  settled,  4:  1525 
Possession  of 

Duty  of  representative  to  take,  4:  1521 

Real  estate,  when  delivered  to  heirs  or  devisees,  4 :  1441 

Right  of  representative  to,  4:  1440 
Probate  of  wills,  see  Wills 
Probate  proceedings,  see  Probate  Proceedings 

Property  of  intestate  passes  to  heirs  subject  to  administration,  3 :  632 
Reopening  estate,  4:  1668 
Sale  of  property 

Choses  in  action,  how  sold,  4:  1505 

Confirmation  necessary,  4:  1502 

Contracts  of  decedent  to  transfer,  completion  of,  4 :  1541-1551 

Depreciating  property,  4:  1503 

In  general,  4:  1501 

Order  in  which  property  sold,  4 :  1506 

Partnership  interests,  4 :  1505 

Perishable  property,  4 :  1503 

Personal  property,  4:  1504,  1507 

Property  specifically  bequeathed,  may  be  authorized,  3 :  616 

Real  property,  4:  1509,  1624 

Unclaimed  personalty  of  absentee,  4:  1663 
Succession  to,  see  Succession 

Support  of  family,  see  Family  allowance,  this  subject 
Time  for  closing  administration 

Extension  of,  4 :  1599,  1626 

In  general,  4:  1600 
Estates  of  Missing  Persons 

See  Missing  Peksons 
Estoppel 

Declarations,  acts  or  omissions,  by,  4 :  2000 
Failure  to  forbid  act  done  on  one's  behalf,  3 :  2841 
Evidence 

See  Depositions  ;  Variance  ;  Witnesses 
Acts 

Another,  of,  party  not  affected  by,  4:  1865 

Decedent,  of,  against  interest,  4 :  1S70 

Forming  part  of  transaction,  4:  1867,  1888 

Member  of  family,  of,  as  evidence  of  pedigree,  4:  1869 

Part  in  evidence,  all  may  be  proved,  4 :  1871 

Party,  of,  admissibility,  4:  1888 

Predecessor,  of,  as  to  title,  admissible,  4 :  1866 
Admissibility,   in  general 

Character,  evidence  of  good,  4 :  2122 

Collateral  fact,  inquiry  into,  4 :  1886 

1100 


INDEX 

Evidence — Continued 

Admissibility,  in  general— Continued 

Common  reputation  respectinji  facts  ('ver  tliirty  years  old,  4:  1888 
Compromise,  evidence  of,  not  :ulniis.sible,  4:  797,  911,  2154 
Confined  to  material  allegations,  4 :  1886 
Contract  required  to  be  in  writing,  evidence  as  to,  4 :  2017 
Facts  which  may  be  proved  on  trial,  In  general,  4 :  1888 
Former  trial,  testimony  at,  4:  1888 
Former  will  contest,  testimony  at,  4:  1235 
Material  objects,  4:  1991 

Obligation  of  third  person,  evidence  as  to,  4:  1868 
Part  in  evidence,  all  may  be  proved,  4:  1871 
Personal  knowledge,  testimony  confined  to,  4:  1862 
Proof  of  particular  facts  or  questions,  see  that  subhead    infra 
Question  of  law,  is,  4:  2182 

Testimony  from  writing  without  recollection  of  facts,  4 :  2116 
Third  person,  evidence  relating  to,  4 :  1868 
Admissions 

As  indirect  evidence,  4 :  1850 

Divorce  action,  admission  of  defendant  in,  4 :  2155 
Execution  of  writing,  of,  4 :  1974 
Offer  to  compromise  is  not,  4 :  2154 
Oral,  viewed  with  caution,  4:  2131 
Affidavits,  see  Affidavits 
Burden  of  proof 

Affirmative  allegations  only  need  be  proved,  4 :  1887 
Affirmative  of  issue  to  be  proved,  4 :  2131 
Alteration  of  writing,  of,  4 :  2032 
In  general,  4:  2031 

Material  allegations  only  need  be  proved,  4 :  1885 
Negative  allegation,  whether  to  be  proved,  4 :  1887 
One  holding  affirmative  must  produce  evidence,  4 :  2031 
Want  of  consideration,  to  show.  3 :  871 
Compromise,  evidence  of  offer  not  admissible,  4 :  797,  911   2154 
Concealment,  a  felony,  5 :  164 
Conclusive  evidence 
Defined,  4 :  1854 
In  general,  4  :  2021 

Presumptions,  what  conclusive,  4:  2006 
Recitals  in  statutes,  4 :  1929 
Continuance  because  of  absence  of  evidence,  see  Continuance 
Corroborative  evidence,  defined,  4:  1856 
Criminal  actions,  in,  see  separate  subhead,  infra 
Cross-examination  of  witnesses,  see  Witnesses 
Cumulative  evidence 

Court  may  stop  production  of,  4 :  2113 
Defined,  4 :  1855 
Declarations 

Another,  of,  party  not  affected  by,  4 :  1865 
Decedent,  of,  against  interest,  4:  1870 
Dying,  4:  1888 

Forming  part  of  transaction,  4 :  1867,  1888 
In  general,  4:  1888 

Member  of  family,  of,  as  to  pedigree,  4 :  1869 
Part  in  evidence,  all  may  be  proved,  4 :  1871 
Predecessor,  of,  as  to  title,  admissible,  4 :  1866 
Testator,  of,  inadmissible  to  show  intent,  3 :  591 
Written,  under  oath,  to  be  by  deposition,  4 :  2081 
Definitions 

Conclusive  evidence,  4:  1854 
Corroborative  evidence,  4 :  1856 
Cumulative  evidence,  4:  1855 
Direct  evidence.  4 :  1849 
Evidence,  4 :  1841 
Indirect  evidence,  4 :  1850 

1101 


INDEX 

Evidence — Continued 

Definitions — Continued 

Indispensable  evidence,  4 :  1853 
Law  of  evidence,  4 :  1843 
Partial  evidence,  4 :  1852 
Prima  facie  evidence,  4 :  1851 
Primary  evidence,  4:  1847 
Proof,  4 :  1842 
Secondary  evidence,  4 :  1848 
Degrees  of,  specified,  4 :  1846 
Depositions,  see  Depositions 
Destruction,  a  felony,  5:  164 
Direct  evidence,  defined,  4 :  1849 
Documentary  evidence 

Acknowledged  instrument  or  writing  as  evidence,  4 :  1980,  1982 

Affidavits,  what  provable  by,  4:2071,  2072 

Altered  writing,  when  admissible,  4:  2032 

Construction    of    writings,    4 :    187-^1884 ;    see    Contracts  ;    Weitten 

Instruments 
Copies  of  books,  accounts,  etc.,  right  to  take,  4 :  921 
Deeds,  acknowledged,  as  evidence,  4 :  19S0i  1982 
Deeds  under  court  process  as  evidence,  4 :  1952 
Destruction  or  concealment,  a  felony,  5 :  164 
Entries 

Copies  of,  in  course  of  business,  as  evidence,  4 :  1979 
Decedent,  by,  when  admissible,  4:  1978 
Family  bibles  or  books  or  charts,  4 :  1888 
OflScers,  by,  as  evidence,  4 :  1946,  1951 
Falsifying  evidence,  a  felony,  5 :  161,  163 
Foreign  laws  or  decisions,   l)ooks  containing,  4 :  1926,  1928 
History,  art,  or  science,  books  of,  4 :  1968 
Inspection,  see  Inspection  of  Writings 
Judgment  as,  4:  1934-1941,  2006 
Judicial  record 

Court  of  admiralty,  of,  effect  of,  4 :  1940 
Foreign  country,  of,  effect  of,  4:  1941 
How  proved,  4  :  1931-1933 
States,  of,  effect,  4:  1939 
Maps  or  charts,  4 :  1968 

Need  not  be  introduced  though  called  for  and  inspected,  4 :  1971 
Notice  to  adverse  party  to  produce  writings,  4:  1872,  1970 
Order  as  evidence,  4 :  2006 
Part  in  evidence,  all  may  be  proved,  4 :  1871 
Production,  see  Production  of  Documents 
Proof  of  writings,  see  Proof  of  particular  facts,  this  subject 
Record  of  acknowledged  instrument  as  evidence,  4:  1982 
Records,  officers',  are  admissible,  4 :  1946,  1982 
Refreshing  memory  from  notes,  4 :  2116 
Secondary  evidence,  see  that  subhead,  infra 
Showing  writing  to  witness,  4 :  2123 
Statutes,  recitals  in,  as  evidence,  4 :  1929 
Wills 

Admissibility  in  action  to  quiet  title,  4 :  661 
How  shown,  4:  2013 
Effect  of  evidence,  4 :  2131 
Examination  of  witnesses,  see  Witnesses 
Exhibit  of  material  objects,  4 :  1991 
Expert 

In  general,  see  Witnesses 

May  decipher  characters  or  translate  language,  4:  1881 
Falsifying,  a  felony,  5:  161,  163 
Handwriting 

Comparison,  evidence  of,  by,  4:  1976,  1977 
How  proved,  in  general,  3 :  505 ;  4 :  1975-1977 
Opinion  of  witness  as  to,  4 :  1888 

1102 


INDEX 

Evidence — Continued 

Handwriting — Continued 

Probate  of  will,  proof  of,  on,  4 :  1234 

Wlieu  may  be  proved,  3 :  504 

Writing,  proof  of,  by,  4 :  1972 
Hearsay 

Confinement  of  testimony  to  personal  knowledge,  4 :  1862 

Declaration  forming  part  of  transaction,  4 :  1867,  1888 

When  admissible,  4:  1888 
Indirect  evidence 

Classitied,  4:  2001 

Defined,  4:  1850 
Indispensable  evidence 

Defined,  4:  1853 

In  general,  4 :  2011-2014 

Perjury  or  treason,  number  of  witnesses  necessary,  4:  1861,  2012 
Inferences 

Arise  when,  4 :  2004 

Defined,  4:  2002 

Indirect  evidence,  are,  4:  2001 

Upon  what  to  be  founded,  4 :  2004 
Inspection  of  writings,  see  Inspection  of  Writings 
Interpreter,  when  summoned,  and  duty  of,  4:  1906 
Judicial  notice 

Court  to  declare  to  jury,  4:  2182 

Is  taken  of  what  facts,  4 :  1891 
Kinds  of  evidence,  4 :  1845 
Material  objects 

As  evidence,  4:  1991 

Destruction  or  concealment,  a  felony,  5 :  164 
Modes  of  taking  testimony,  4 :  2061 
Omissions 

Another,  of,  party  not  affected  by,  4 :  1865 

Decedent,  of,  against  interest,  4:  1870 

Party,  of,  as  evidence,  4:  1888 

Third  person,  of,  relative  to  title,  4 :  1866 
Opinion  evidence,  when  admissible,  4 :  1888 
Order  of  introducing,  4:  461,  2111 
Parol  evidence 

Admissible  on  what  questions,  4:  1888 

Circumstances  under  which  agreement  made,  4:  1874,  1878 

Contents  of  writing,  4 :  1872,  1874,  1888 

Contract  required  to  be  in  writing,  of,  4 :  2017 

Laws  of  States  or  foreign  countries,  4 :  1928 

Local  or  technical  signification  of  words,  4 :  1879 

Oral  stipulations,  etc.,  supex'seded  by  writing,  3 :  887 
Partial  evidence,  defined,  4:  1852 
Pedigree,  admissibility  on  question  of,  4 :  1869,  1888 
Perpetuating  testimony,  see  Depositions 

Personal  knowledge,  testimony  of  witness  confined  to,  4 :  1862 
Presence  of  parties,  testimony  must  be  given  in,  4 :  1863 
Presumptions 

Adverse  character  of  suppressed  evidence,  4:  2007 

Defined,  4:  2003 

In  general,  see  Presumptions 

Inferior  evidence,  from  production  of,  4:  2007 

Truthfulness  of  witness,  4:  1864 
Prima  facie  evidence 

Books  of  history,  science  or  art,  4:  1968 

Certificate  of  acknowledgment  of  private  writing,  4 :  1980 

Decedent's  entries,  4:  1978 

Deed  under  court  process  as  evidence  of  transfer,  4 :  1952 

Defined,  4:  1851 

Maps  or  charts,  4:  1968 


1103 


INDEX 

Evidence — Continued 

Prima  facie  evidence — Continued 

Obligation  of  third  person,  as  to,  4 :  1868 

Officers'  entries,  4:  1946,  1951 
Primary  evidence  defined,  4 :  1847 

Privileged  communications  between  certain  persons,  4 :  1904 
Production  of  documents,  see  Production  of  Documents 
Proof,  defined,  4:  1842 
Proof  of  particular  facts 

Accounts,  how  proved,  4:  1872 

Boundaries,  common  reputation  as  evidence  of,  4 :  1888 

Executive  acts,  how  proved,  4 :  1944 

Handwriting,  see  that  subhead,  supra 

Instruments 

How  proved   when   not  acknowledged,   3 :  501 ;   see  Acknowledg- 
ments 
Proof  of  execution  by  subscribing  witnesses,  3 :  501-503 

Judicial  records,  how  proved,  4 :  1931-1933 

Justice's  judgment  of  a  State,  how  proved,  4 :  1947,  1948 

Laws,  foreign,  how  proved,  4:  1926-1928 

Marriage,  how  proved,  3 :  52 

Newspaper,  publication  in,  how  proved,  4 :  2072,  2073 

Official  acts  and  documents,  how  proved,  4:  1944 

Public  record  of  private  writing,  how  proved,  4 :  1945 

Record,  how  proved,  4:  1872 

Writings 

Acknowledged,  admissibility,  4:  1980,  1982 
Contents  of,  how  proved,  4 :  1872 
Execution  need  not  be  proved,  when,  4 :  1974 
How  proved,  in  general,  4 :  1972-1977,  1980 
Lost  or  destroyed,  how  proved,  4 :  1872,  1969 
Public,  of  United  States  or  Territories,  how  proved,  4:  1950 
Questions  of  fact,  when  for  jury,  4 :  2181 
Questions  of  law,  when  for  court,  4 :  2182 
Refreshing  memory  of  witness,  4:  2116 
Relevant 

Must  be,  4 :  1886 

What  is,  4:  1888 
Res  gestae,  evidence  admissible  as,  4 :  1867,  1888 
Rules  of 

Construction  and  application  is  for  court,  4 :  2182 

What  applicable  on  trial  of  question  of  fact  by  court,  4 :  2183 
Secondary  evidence 

Abstracts  of  title,  admissibility  where  records  destroyed,  4:  1873 

Certified  copies,  contents  of  certificate,  4 :  1949 

Contents  of  writings,  when  admissible,  4 :  1872,  1888,  1969,  1970 

Defined,  4:  1848 

Entries,  copies  of,  when  admissible,  4 :  1949 

Instruments,  copies  of  are  secondary  evidence,  4:  1848 

Judicial  records,  certified  copies  as  evidence,  4 :  1931-1933 

Lost  or  destroyed  writings,  of,  4 :  1872,  1969 

Notice  to  adverse  party  to  produce  original  writing,  4 :  1872,  1970 

Original  writing  to  be  produced  or  accounted  for,  4:  1872,  1969 

Possession  of  original   writing  by  adverse  party,  4:  1872,  1970 

Public  writings,  of,  certified  copies  admissible,  4 :  1921,  1982 

Records,  certified  copies  of,  admissilile,  4 :  1982 
Unanswerable  evidence,  in  general,  4 :  2021 
Usage 

Admissible,  when,  4:  1888 

Local  signification  of  words,  4:  1879 
Usury,  of,  3:  1269 
Variance,  see  Vabianoe 
View  of  premises  by  jury,  4 :  464 


1104 


INDEX 

Evidence — Continued 

Weight  and  sufficiency 

Degree  of  certainty  required,  4 :  1844 

Instructions  as  to  effect  of  evidence,  4 :  2131 

Jury  judges  of  effect  of  evidence,  4 :  2131 

Material  allegations  only  need  be  proved,  4 :  1S85 

Number  of  witnesses  necessary  to  prove  fact,  4 :  1861,  2012 

Presumption  that  witness  speaks  the  truth,  4 :  1864 

Rules  governing  in  weighing  testimony,  4 :  2131 

Wills,  affecting,  see  Wills 

Witnesses,  see  Witnesses 

IN    CKIMINAL    ACTIONS 

Abortion,  corroboration  of  prosecutrix,  6:  376 

Accomplice,  corroboration  of,  6 :  387 

Bigamy,  proof  of  marriages,  6 :  377 

Bill  of  exceptions,  insertion  of  evidence  in,  6 :  441 

Concealment,  a  felony,  5:  164 

Conspiracy,  proof  of  overt  act,  6 :  378 

Depositions,  reading  in  evidence,  6:  14,  147,  691,  714 

Destruction,  a  felony,  5 :  164 

Embezzlement,  of,  6:  381 

False  pretenses,  of,  6:  379 

Falsifying,  a  felony,  5:  161,  163 

Forgery  of  bank  bill  or  note,  of,  6 :  880 

General  rules  of,  6:  369 

Intent  to  defraud,  proof  of,  6 :  375 

Larceny,  of,  6:  381 

Lottery  law  violation,  of,  6:  382 

Manslaughter,  proof  of  death  and  fact  of  killing,  6 :  383 

Murder 

Burden  of  proving  justification  or  excuse,  6 :  384 

Proof  of  death  and  fact  of  killing,  6:  383 
Newly  discovered,  new  trial  for,  6 :  452 
Order  of  introducing,  6:  361 
Perjury,  proof  of,  4:  1861,  2012;  6:  385,  386 
Plea  of  not  guilty,  evidence  admissible  under,  6 :  275 
Reasonable  doubt,   defendant   entitled  to  acquittal,  4:  2131 
Receiving  out  of  court,  new  trial  for,  6 :  452 
Rules  of,  same  as  in  civil  actions,  6 :  369 
Search  of  defendant  for,  when  ordered,  6 :  780 
Seduction  for  purpose  of  prostitution,  of.  6:  376 
Testimony  at  former  trial,  when  admissible,  6:  14 
Treason,  number  of  witnesses  necessary,  4:  1861,  2012 
Variance,  see  Variance 
Witnesses,  see  Witnesses 
Evidence  of  Debt 

See  Choses  in  Action 
Exceptions 

After  judgment,  how  settled,  4:  526 
Bill  of 

Decisions  after  judgment.  4:  526 

Evidence,  how  much  to  be  stated,  4:  523 

Extension  of  time  for  preparation,  4:  960 

Preparation  and  settlement,  4:  525-528 

Proceetlings  if  judge  refuses  to  allow,  4 :  527 

Settlement,  4:  525,  527,  528 

When  to  be  presented,  4:  524 
Criminal  actions,  in,  see  separate  subhead,  infra 
Defined,  4:  521 

Documents  on  file,  how  incorporated,  4:  523 
Evidence,  how  far  to  be  stated,  4:  523 
Form  of,  generally,  4:  523 
Matters  deemed  excepted  to,  4:  522 

1105 


lUDEX 

Exceptions — Continued 

Settlement  of,  time  for,  4:  524,  525 
Signing  by  judge,  4:  524 
Time  to  take,  4:  521 

IN    CRIMINAL   ACTIONS 

Bill  of 

Evidence,  insertion  in,  6 :  441 

Instructions,  insertion  of  entire  charge  forbidden,  6:  442 

Preparation  in  criminal  actions,  rules  authorized,  p.  983,  sec.  723a 

Settling,  6:  443 
Certain  rulings  not  subject  to,  6:  433 
Defined,  6:  431 

Matters  deemed  to  have  been  excepted  to,  6 :  434 
Time  of  taking,  6:  432 
Exchange 

Bills  of,  see  Bills  of  Exchange 
Deposit  for  exchange,  effect  of.  3:  1221 
Loan  for  exchange,  3 :  1251-1255 
Exclusion 

Canal  Zone,  from,  of  undesirable  persons,  2:  141,  142 
Importing  foreign  convicts,  a  felony,  5 :  184 

United  States,  from,  of  persons  seeking  entry  through  Canal  Zone,  p.  889, 
sec.  136 
Execution 

See  Supplementary  Proceedings 
After  five  years,  4:  586 
Alias  execution,  issuance  of,  4:  588 
Attached  property,  sale  under,  4:  365 
Claim  of  property 

How  made,  4:  589 

Undertaking  indemnifying  marshal,  4:  589 

Undertaking  releasing  property  from  execution,  4:  611-618 
Contents  of  writ,  4:  583 

Contribution  among  defendants,  right  of,  and  how  enforced,  4 :  610 
Criminal  actions,  in,  see  separate  subhead,  infra 
Death,  issuance  after,  4:  587,  1486 

Decedent,  judgment  against,  no  execution  can  issue,  4 :  1485,  1486 
Discharge  of  person  imprisoned  on  execution,  4 :  1121-1132 
Executed  how,  4:  591 
Executor,  against 

After  decree  for  payment  of  claims,  4 :  1597 

No  execution  can  issue,  4 :  1485,  1486 
Exempt 

Retirement  moneys  are,  2 :  106 

What  property  is,  generally,  4:  590 
Forcible  entry  and  detainer,  in,  4 :  1145,  1154 
Form  of,  4:  583 
Instruments,     of,     how     proved     when    not     acknowledged,     3 :  501,     see 

Acknowledgments 
Issuance  of 

After  death,  4:  587,  1486 

After  five  years,  4:  586 

In  general,  4:  583 

Time  of,  4 :  581 
Judgment,  manner  of  enforcing,  4:  585 
Levy  of 

Before  death,  proceedings  on,  4:  1480 

How  made,  4:  583,  591 

I'roperty  not  affected  until,  4 :  588 

Property  subject  to,  4 :  588 

Upon  goods  for  which  negotiable  document  of  title  has  been  issued, 
3:  1019,  1161 

Without  process,  a  misdemeanor,  5:  173 

Writ,  how  executed,  4 :  5S3,  588,  591 
Lien  of  officer  levying  writ,  3 :  2316 

1106 


IKDBX 

Execution — Contiuued 

Magistrate's  court,  from,  4:  811-SlG ;  see  Magistrates'  Courts 

Manner  of  executing  writ,  4 :  591 

Marslial's  deed  as  evidence  of  transfer,  4 :  1952 

Money,  order  for  payment  of,  enforcealile  by,  4 :  934 

Mortgaged  property,  against,  3 :  2268-2270 

Order  of  court,  enforcing  by,  4 :  934 

Payment  by  person  owing  judgment  debtor,  4 :  623 

Performance  of  act,  how  enforced,  4 :  585 

Person,  against  the 

Advancement  for  support  of  prisoner,  4 :  1132 

How  executed,  4:  583,  585 
Possession,  writ  of,  4:  137 
Property 

Exempt,  what  is,  4:  590  . 

How  subjected  to,  4:  583,  585 

Not  affected  until  levy,  4:  588 

What  subject  to  execution,  4:  588 
Redemption 

Amounts  to  be  paid  on,  4 :  603,  604 

Certificate  of,  4:  604 

Definition  of  redemptioner,  4:  602 

Judgment  creditor  of  decedent,  by,  4:  I486' 

Notice  of,  4:  604 

Restraining  waste  until  time  expires,  4 :  607 

Right  to  rents  and  profits  pending,  4:  608 

Subsequent  redemptioner,  redemption  by,  4:  604 

To  whom  payments  are  to  be  made,  4 :  605 

What  a  redemptioner  must  do,  4:  606 

What  property  is  subject  to,  4:  601 

When  property  may  be  redeemed,  4:  603 

Who  may  redeem,  4:  602 
Rents  and  profits  pending  redemption,  4 :  608 
Requisites  of  writ,  4:  583 
Returnable  when,  4:  584 
Sale 

Absolute  in  what  cases,  4:  601 

Certificate  of,  4 :  598,  599,  601 

Conducted  how,  4:  594 

Deed  to  purchaser,  4:  604 

Delivery  of  property,  4 :  598 

Failure  to  get  possession,  4 :  609 

Judgment  directing,  how  enforced,  4 :  585 

Notice  of,  4:  592,  593 

Property  to  be  sold,  4 :  591 

Recovery  by  purchaser  for  injuries  to  property,  4 :  669 

Refusal  of  purchaser  to  pay,  4 :  595-597 

Restraining  injury  to  property  after,  4 :  668 

Restraining  waste  by  purchaser,  4 :  607 

What  title  passes,  4:  600 
Satisfaction  of  judgment  on  return  of,  4 :  550 
Stay  of,  power  of  court  as  to,  4 :  582 
Subrogation  of  debtor  or  surety  paying,  4 :  610 

Supplementary  proceedings,  4:  621-628;  see  Supplementary  Pkoceedings 
Time  of  issuance,  4 :  581,  586 
Waste,  enjoining,  after  sale  and  before  conveyance,  4 :  668 

IN    CRIMINAL   ACTIONS 

Authority  for,  of  judgment  other  than  death,  6 :  511 

Commencement  of  term  of  imprisonment,  6 :  517 

Consecutive  running  of  sentences,  6 :  516 

Death,  judgment  of 

Duty  of  district  attorney  on  sanity  hearing,  6 :  525 
Duty  of  warden  upon  finding  as  to  pregnancy,  6 :  529 

1107 


INDEX 

Execution — Continued 

Death,  judgment  of — Continued 

Duty  of  warden  upon  finding  relative  to  sanity,  6 :  527 
'    Inquiry  into  sanity  of  defendant,  6 :  524 

Inquiry  into  supposed  pregnancy  of  defendant,  6 :  528 
Mode  of  inflicting  death,  6:  531 
Persons  present,  6:  532 
Place  of  execution,  6:  532 

Remaining  unexecuted,  ordering  execution,  6 :  530 
Return  upon  warrant,  6 :  533 

Signing  and  filing  of  certificate  of  inquisition,  6 :  526 
Suspension  of,  6:  523 
Time  of  execution,  6 :  521 

Transmission  of  statement  to  Governor  after  conviction,  6:  522 
Warrant  for,  6 :  521 
Fine  and  costs,  judgment  of,  how  executed,  6 :  512,  513 
Imprisonment,  judgment  of,  how  executed,  6:  513-518 
Judgments  other  than  death,  of,  6 :  511-518 

Mittimus,  furnishing  to  officer  charged  with  executing  judgment,  6:  511 
Temporary  releases  not  part  of  term  of  imprisonment,  6 :  518 
Executive 

Crimes  against  executive  power,  5 :  91-104 
Office  and  officer  defined,  5 :  91 
Executors  and  Administrators 

See  Estates  of  Decedents  ;  Probate  Proceedings  ;  Public  Administratob  ; 

Succession  ;  Wills 
Account 

After  authority  revoked  or  ended,  4 :  1391,  1575,  1585 
Allowance 

Conclusiveness  of  allowance  of  account,  4:  1583 
Debts  paid   without  affidavit   and   allowance,   for.   4:  1578 
Necessary  expenses,  for,  4 :  1565 
Payments  where  no  voucher  procured,  for,  4 :  1578 
Where  claim  paid  for  less  than  value,  4:  1566 
Chargeable  with  all  of  estate,  representative  is,  4 :  1562 
Compelling  by  attachment,  4 :  1573,  1574 
Condition  of  estate,  duty  to  render  exhibit  of,  4 :  1571 
Contest  of,  4 :  1572,  1581,  1582 
Court  may  require,  on  its  own  motion,  4 :  1571 
Death  of  repref^entative,  in  case  of,  4 :  1585 
Examination  of  representative  under  oath,  4 :  1577 
Exceptions  to  and  contest  of,  4:  1572,  1581,  1582 
Final 

Considered  final  where  estate  exhausted,  4 :  1595 
Neglect  to  file,  proceedings  on,  4 :  1601 
Statement  of  transactions  after  filing,  4:  1622 
When  to  be  made,  4 :  1600 
Final  distribution,  account  on,  4:  1022 
Reference  of,  4  :  1582 

Revoking  letters  for  failure  to  render,  4 :  1573,  1576 
Settlement,  see  that  subhead,  infra 
Special  administrator,  of,  4:1387 
Successor  may  compel  when  authority  ends,  4:1575 
Supplementary,  settling,  at  final  distribution,  4:1622 
Time  to  render,  4 :  1571,  1574 
Vouchers 

Lost  or  destroyed,  4 :  1577,  1578 
Production  and   filing,  4 :  1577 
Small  items  allowed  without,  4 :  1578 
Withdrawal  of,  4  :  1577 
What  to  sh(AV,  4:1571,  1574 
Who  may  contest,  4  :  1572 
Who  may  require,  4:1571,  3575 


1108 


INDEX 

Executors  and  Administrators — Coutinued 
Actions  against 

Bond,  on,  successive  actions,  4 :  1355 
Claimant  not  competent  as  witness,  4 :  1903 
Claims  against  estate,  on,  4 :  1479,  1481,  1482 
Costs,  liability  for,  4 :  1489 
Execution 

Enlorcing  personal  liability  for  allowed  claims,   4 :  1597 
Not  to  issue  on  judgment  upon  claim,  4 :  1485 
On  judgment  against  decedent  in  his  lifetime,  4:587,  1486 
Executors  not  qualifying  need  not  be  joined,  4 :  1527 
Judgment  against,  effect  of,  4 :  1485 
Limitation  of  actions  on  claims,  4 :  1479,  1482 
Trial  of  issues  in  probate  proceedings  generally,  4 :  1690,   1691 
What  actions  may  be  maintained,  4 :  1522,  1524 
Actions  by 

Beneficiaries  need  not  be  joined,  4 :  124 
Bond  of  former  representative,  action  on,  4 :  1526 
Costs,  liability  for,  4:1489 

Embezzled  or  concealed  property,  to  recover,  4 :  1451 
Execution,  issuance  upon  judgment  obtained  by  decedent  in  his  life- 
time, 4 :  587 
Executors  not  qualifying  need  not  be  joined,  4 :  1527 
Fraudulent    conveyance    by     decedent,     recovery     by    representative, 

4 :  1529-1531 
Quieting  title,  4  :  1440 
Surviving  partner,  action  against,  4 :  1525 
Trial  of  issues  in  probate  proceedings  generally,  4 :  1690,  1691 
Waste,  conversion  or  trespass,  actions  for,  4 :  1523 
What  actions  may  be  maintained,  4 :  1522,  1523 
Appointment 

Administrator  with  will  annexed,   appointed   in  what  cases,  4 :  1284 

1287,  1288 
Certificate  of  appointment,  seal,  4 :  25 
Competency,  see  that  subhead,  infi-a 

Death  or  disqualification  of  original   representatives,  on,  4 :  1394 
Debtor,  effect  of  naming  as  executor,  4 :  1435 
Evidence  of,  4  :  1397 

Guardian   of  incomixjteut,   appointment  as  administrator,  4 :  1314 
Nomination  by  person  entitled  to  administer,  4:1329 
Objections  to  appointment  of  named  executors,  4 :  1285 
On  resignation  of  prior  representative,  4 :  1395 
Order  of  persons  entitled  to  administer,  4 :  1311-1313 
Person  intended  as  executor  but  not  named,  of,  3 :  623 
Preference  among  those  equally  entitled,  4 :  1313 
Relatives  of  whole  blood  preferred  as  administrators,  4 :  1312 
Rights  of  one  who  was  intended  to  be  appointed,  3 :  623 
Special  administrators,  of,  4 :  1381-1383 
Where  person  entitled  is  incompetent,  4 :  1314 
Attachment  of  personalty  pending  administration,  4 :  376 
Attorneys  for 

Allowance  to,  upon  fee,  4 :  1565 
Special  administrator,  fees  of  attorney  for,  4 :  1387 
What  fees  allowed,  4  :  1568 
Bond 

Additional 

Application  for,  time  to  hear,  4 :  1369 

Citation  to  representative  to  show  cause  against,  4 :  1361,  1365 
Court  may  order,  on  its  own  motion  when,  4 :  1365 
Effect  of  failure  to  give,  4 :  1358,  1363 
Hearing  of  evidence,  4 :  1362 
Petition  for,  showing  failing  sureties,  4 :  1360 
Suspending  power  of  representative,  4 :  1364 
When  bond  insufficient,  4 :  1357 
When  ordered,  4 :  1362 
Approval  by  court,  4 :  1356 

1109 


INDEX 

Executors  and  Administrators — Continued 
Bond — Continued 

Effect  of  provision  in  will  dispensing  with,  4 :  1359,  1364 

Former  representative,  of,  action  on,  4 :  1526 

Insufficient,  citation  to  and  examination  of  sureties,  4 :  1357 

Justification  of  sureties,  4:  1356 

Liability  on 

Allowed  claims,  for,  4:  1597 
Bond  of  resigning  representative,  4 :  1395 
Failure  to  give  notice  to  creditors,  4 :  1598 
Kind  of  money,  4:  1370 

New  sureties 

Failure  to  give,  4:  1368 
Release  of  old,  4 :  1367 

New,  time  to  hear  application,  4 :  1369 

Recording  of,  by  clerk,  4 :  1356 

Release  of  sureties,  4:  1366,  1367 

Requisites  and  conditions  of,  4 :  1352,  1353 

Separate,  when  more  than  one  representative,  4:  1354 

Several  recoveries  on,  4 :  1355 

Special  administrator,  of,  4 :  1384 

Suspending  powers  pending  motion  to  require,  4 :  1364 
Claims  of,  against  estate,  4 :  1490 
Commissions 

Allowance  on  account,  4 :  1565 

Special  administrator,  of,  4 :  1387 

What  commissions  allowed,  4 :  1567 
Competency 

Absence  or  infancy  of  executor  named,  4 :  1288 

All  incompetent,  who  to  act,  4 :  1394 

Executor  of  an  executor  cannot  act,  4 :  1287 

Married  woman,  of,  4:  1286,  1316 

Objections  to  persons  named  as  executors,  4 :  1285 

Trust  company,  of,  4 :  1281 

Who  incompetent  as  administrator,  4 :  1315 

Who  incompetent  as  executor,  4:  1283 
Contest  of  will,  see  Wills 
Death  of 

Accounting  in  case  of,  4 :  1585 

Executor  of  an  executor  not  entitled  to  act,  4 :  1287 

Issuance  of  letters  to  person  next  entitled,  4 :  1394 
Debts  of 

Discharge  or  bequest  of  debt  due  by  executor,  4 :  1436 

Effect  of  naming  debtor  as  executor,  4:  1435 
Delay  in  administration,  appointment  of  special  or  public  administrator, 

4:  1381 
Discharge 

On  delivery  of  estate  to  foreign  executor,  4 :  1624 

When  entitled  to,  4:  1595,  1667 
Discovery  of  property  after  settlement,  issuance  of  letters,  4:  1668 
Embezzled  property,  proceedings  to  recover,  4 :  1451-1453 
Embezzlement  by,  5 :  663 
Expenses,  allowance  of,  4 :  1565 
Foreign  executors 

Delivery  of  estate  to,  4 :  1624 

Powers  do  not  extend  beyond  jurisdiction,  4:  1939 
Fraudulent  conveyance  by  decedent,  recovery  by  representative,  4 :  1529- 

1531 
Government  as  party  to  proceedings  in  certain  cases,  4:  1331 
Joint  executors 

Absence  of  one  executor,  issuance  of  letters,  4 :  1288 

Acts  of  portion  valid  when,  4 :  12S9 

Authority  where  not  all  appointed,  4:  1289 

Bonds,  separate,  4 :  1354 

Duties  of  remaining  representative  on  disqualification  of  others,  4 :  1393 

1110 


INDEX 

Executors  and  Administrators — Coutinued 
Letters  of  administration 

Best  entitled,  issuance  to  person  wlio  Is,  4 :  1325 

Discovery  of  other  property  after  final  settlement,  Issuance  on,  4:  1668 

Division  in  which  granted,  4:  1201,  1202 

Examination  Into  intestacy,  4 :  1328 

Form  of,  4 :  1303 

Grant  to  any  applicant,  4:  1327 

Guardian  of  incompetent,  issuance  to,  4:  1314 

Incompetent,  issuance  where  person  entitled  is,  4:  1314 

Judge  disqualified  from  granting,  when,  4:  1401 

Order  of  persons  entitled  to  administer,  4 :  1311-1313 

Petition  for 

Contest  of,  4 :  1324  , 

Date  for  and  notice  of  hearing,  4 :  1323 
Depositions  on,  4:  2063 
Hearing  of,  4:  1325 
Proof  of  intestacy,  4:  1328 
Proof  of  notice,  4:  1325,   1326 
Requisites  of,  4:  1321 
Pi-eference  among  those  equally  entitled,  4:  1313 
Proofs  required  before  granting  letters,  4:3328 
Recording   of,   4:  1351 

Relatives   of  whole   blood   preferred,  4:  1312 
Request  of  person  entitled,  issuance  to  another  on,  4:  1329 
Revocation  of  letters,  see  that  subhead,  infra 
Special   letters,   issuance  of,  4:  1382 
Time  for  granting,  4:  1322 
Letters  of  administration  with  will  annexed 
Form  of,  4:  1302 

Issued  in  what  cases,  4:  1284,  1287,  1288,  1394 
Petition  for,  4:  1285 
Signature   and   seal,   4:  1290 
Letters  testamentary 

Absence  or  infancy  of  one  executor,  issuance  of  letters,  4:  1288 
Depositions  on  application  for,  waiver  of  notice  of  taking,  4 :  2063 
Discovery  of  other  property  after  final  settlement,  issuance  on,  4 :  1668 
Division    in    which    granted,    4:  1201,   1202 
Failure  of  named  executor  to  petition  for,  4:  1214 
Form    of,   4:  1301 
Issued  to  whom,  4:  1281-1288 
Judge  disqualified  from  granting,  when,  4:  1401 
Objections  to  Issuance  to  named  executors,  4:  1285 
Recording  of,  4:  1351 
Liability 

Allowed  claims,  for,  4:  1597 
Chargeable  with  all  of  estate.  4:  1562 
Costs  on  judgment  against,  4:  1489 
Discharge   from,   when   decreed.   A:  1667 
Distributees  may  sue  for  distributive  shares.  4:  1623 
Failure  to  give  notice  to  creditors,  for,  4:  1598 
Not  to  profit  or  lose  by  estate,  4 :  1563 
Promise  to  answer  out  of  own  estate,  4:  1561 
Uncollected   debts,   for,   4:  1564 

AVhere  court  does  not  approve  sale  of  personalty,  4:  3503 
Notices  to  persons  interested  during  administration.  4:  1330 
Oath 

Attachment  to  letters.  4:  1351 
Before  letters  issue.  4:  1351 
Special  administrator,  of.  4:  1384 
Trust  company  as  executor,  of.  4:  1281 
Powers  and  duties 

Acts  valid  until  revocation,  4:  1.396 

Administrator  with  will  annexed,  authority  of.  4:  1290 

Allowance  or  rejection  of  claims,   see  Estates  of  Decedents 

nil 


INDEX 

Executors  and  Administrators — Continued 
Powers  and  duties — Continued 

Appointment  of  executor  by  executor,  power  given  is  void,  3 :  624 
Borrowing  money 

Chattel   mortgage,   on,   4:  1508 
Unsecured  note,  on,  4 :  1510 
Citing  persons  intrusted  with  estate  to  account,  4:  1454 
Claims  against  estate,  not  to  purchase,  4 :  1566 
Collection  of  debts  due  estate,  4 :  1521 
Compromising  or  compounding  debt,  4 :  1528 
Concealed  property,  proceedings  to  recover,  4:  1451-1453 
Contracts  of  decedent  to  transfer  or  convey  property,  completion  of, 

4:  1541-1551 
Depositing  of  funds,  4:  1532 

Embezzled  or  concealed  property,  recovery  of,  4 :  1451-1453 
Executor  under  will  found  after  prior  letters  granted,  of,  4 :  1392 
Exhibit  of  receipts  and  expenditures,  4 :  1571-1573 
Funeral  expenses,  may  pay  before  qualification,  3 :  625 
Interest-bearing  claims,  payment  of,  4 :  1493 
Investment   of  funds   pending  settlement,   4 :  1533 
Measures    for    protection    of    estate,    may    take    before    qualification, 

3:  625 
Negotiable  instrument,  presentment  to,  for  payment,  3 :  2427 
Possession   of   estate 

Duty  of  representative  to  take,  4 :  1521 
Real  estate,  when  delivered  to  heirs  or  devisees,  4 :  1441 
Right  to,  4:  1440 
Qualification,  may  do  what  acts  before,  3 :  625 
Quieting   title   to   real   property,   4:  1440 
Repair   of  property,   4:  1440 
Revocation  of  probate  of  will,  effect  of.  4:  1255 
Sale  of  property,  see  Estates  of  Decedents 
Special  administrator,  of.  4:  1385 
Statement  of  claims,  duty  to  return,  4 :  1492 
Territorial  limits  of  authority,  4:  1939 
Practice  in  probate  proceedings  generally,  see  Prorate  PRocB3n)iNGS 
Property  of  intestate  passes  to  heirs,  subject  to  administration,  3:  632 
Removal 

Commitment  for  contempt  as  ground  for.  4 :  1693 
Compelling  attendance  and  answer,  4 :  1415 
Grounds  for,  4 :  1411 
Hearing,  4:  1413,  1415 
Notice  by  publication,  M'hen.  4 :  1414 
Order  to  show  cause.  4:  1411 
When  ordered,  4:  1412,  1415 
Renunciation,  by  fnilure  to  petition  for  letters,  4:  1214 
Request  for  special  notice  of  proceedings,  4 :  1330 
Resignation   of,  4:  1395 
Revocation  of  letters 

Account  after,  4 :  1391.  1575 

Account,  for  failure  to  render.  4:  1573,  1576 

Appointment  of  person  next  entitled  to  letters,  4 :  1394 

Contempt,  for,  4:  1693 

Duty  of  remaining  representatives,  4 :  1393 

Finding  of  later  will,  4 :  1391 

Inventory,  for  failure  to  return,  4:  1438 

Notice  to  creditors,  for  failure  to  give,  4 :  1491 

Powers  of  successor  on,  4 :  1392 

Removal  of  representative,  on,  4  :1412 

Resignation  of  representative,  on,  4 :  1395 

Sufficient  security,  for  failure  to  give,  4 :  1358,  1363,  1368 

Validity  of  acts  before,  4:  1396 

When  account  shows  embezzlonipnt.  neglect,  etc..  4 :  1572 

Where  issued  to  person  not  entitled  to  letters,  4:  1341-1344 

1112 


I2JDEX 

Executors  and  Administrators— Continued 

Settlement 

Appointing  the  dny,  4 :  1579 

Conclusiveness  of,  4:  1583 

Contest  of,  4 :  1581,  1582 

Discharge,  when  representative  entitled  to,  4 :  1595,  1667 

Discovery  of  property  after,  issuance  of  letters,  4 :  1668 

Examination  of  representative  under  oath,  4 :  1577 

Extension  of  time  fixed  by  will  for  closing  administration,  4  •  1626 

Final 

Discharge  of  representative  on,  4 :  1667 
Notice  of,  4:  1580,  1601 

Partition  and  distribution  at  same  time,  4 :  1580 
When  to  be  made,  4 :  1600 
Hearing,  4:  1582 
Notice  of,  4:  1579,  1580 
Proof  of  notice,  necessary  before,  4:  1584 
Receipts  and  disbursements  after  final  account,  4 :  1622 
Reference  of,   4:  1582 

Supplementary  account  at  final  distribution,  4 :  1622 
Special  administrators 
Account  of,  4 :  1387 
Appointment  of,  4:  1381-1383 
Attorneys'  fees,  4:  1387 
Bond  of,  4:  1384 
Compensation  of,  4:  1387 
Letters,  when  to  issue,  4:  1382 
Oath  of,  4:  1384 

Payment  of  secured  debts  by,  4:  1388 
Powers,  duties,  and  liabilities,  4:  1385 
Preference  to  persons  entitled  to  letters,  4 :  1383 
Termination  of  authority,  4 :  1386 
Succession  to  estates,  see  Succession 
Suspension 

Pending  hearing  on  additional  bond,  4 :  1304 
Pending  proceedings  for  removal,  4:  1411 
Exemplary  Damages 

See  Damages 
Exhibitions 

Boxing,  permitted  under  regulations,  5 :  606 
Deformity  of  person,  punishment,  5 :  504 
Indecent,  of  person,  procuring  another  to  make,  5 :  451 
Exoneration 

See  Bail  ;  Suretyship 
Expert  Testimony 

See  Evidence  ;  Witnesses 
Explosions 

Steam  boilers,  mismanagement  of,  causing,  punishment,  5:  521-5'>3 
Explosives 

Keeping  or  transporting  without  permit;   punishment.   5-  506 

Mailing  of,  p.  924,  sec.  340 

Malicious  use  of,  punishment,  5:  806 
Ex  Post  Facto  Laws 

Enactment  forbidden,  1 :  1 
Exposure 

See  Indecent  Exposure 
Extortion 

Defined,  5:  681 

Libel,  offer  to  prevent,  intending  extortion.  5:  362 

Mailing   threatening   communications   for   purpose    of,    p.    923,    sees.    33S;i, 
«>.j8b 

Officer  collecting  public  moneys,  extortion  bv,  5 :  623 

Punishment  of,  generally,  5:  683,  684 

Railroad  agents,  overcharges  by,  punishment,  5:  688 

Signature,  obtaining  by  threats,  5:  685 

93083—34 71  ^^^^ 


INDEX 

Extortion — Continued 

Threatening  letters,  sending,  5:  686 
Threats 

Verbal,  attempting  to  extort  by,  punishment,  5 :  687 

What  threats  may  constitute  extortion,  5 :  682 
Extradition 

Accounts  of  person  employed  to  return  fugitive  to  Canal  Zone,  6:  870 
Compensation  in  connection  with  I'etum  of  fugitive  to  Canal  Zone,  6 :  870. 

871 
Deportation  of  persons,  2 :  141,  142 
Laws  and  treaties  of  United  States 

Application  of,  6:  861 

Text  of  United  States  laws,  p.  951,  sees.  651-675 
Proceedings  for  detention  pending  demand 

Arrest,  6:  862 

Bail  pending  arrest  on  warrant  of  Governor,  6 :  865 

Commitment.  6:  863,  864 

Discharge  of  person  unless  arrested  on  warrant  of  Governor,  0 :  868 

Inquiry  into  arrest  and  detention,  by  district  court,  6:  869 

Notice  by  district  attorney  to  State  or  Territory,  6 :  867 

Notice  of  arrest  to  district  attorney,  6 :  866 

Warrant  for  arrest  of  fugitive,  6:  862 
Republic  of  Panama,  from,  treaty  stipulation  for  adequate  provisi<in  for, 

p.  845,  art.  16 
Republic  of  Panama,  to 

Authority  of  agents  of  Panama,  receiving  fugitive,  6 :  889 

Delivery  of  objects  found  in  fugitive's  possession,  6 :  891 

Delivery  of  offenders,  6:  881,  882 

Discretion  as  to  delivery  of  citizen  of  United  States,  6:  882 

Duty  of  Canal  Zone  authorities  to  facilitate  return,  6:  890 

Expenses  to  be  paid  by  Republic,  6 :  892 

Manner  of  arrest  and  detention,  6 :  887 

Persons  under  accusation  or  sentence  in  Canal  Zone,  6 :  883 

Prosecution  for  graver  offense,  6 :  884 

Requisites  of  demand,  6:  885 

Telegraphic  request  for  detention,  6:  886 

Term  of  detention,  6:  888 

Treaty  stipulation  for  adequate  provision  for,  p.  845,  art.  16 
Factors 

Actual  authority  of,  3:  1702 
Agent,  factor  as,  3 :  1701 
Authority,  extent  of,  3:  1702,  1703 
Defined,  3:  1371,   1701 

Guaranty  commission,  liability  on,  3:  1374,  1375 
Lien,  have,  3:  2314 
Obedience  required  from,  3 :  1372 
Ostensible  authority  of,  3:  1703 
Sales  by,  3 :  1372,  1373 
Facts 

Degree  of  certainty  required  to  establish,  4:  1844 
Issues  of  fact,  see  Issues 
Jury  as  judges  of,  4:  2181 
Mistake,  see  Mistake 

Questions  of  fact,  to  be  tried  by  jury,  4 :  2181 
False  Arrest 

Conspiracy  to  procure  arrest  falsely,  5 :  81 
False  Imprisonment 

Definition  and  punishment  of,  5:  331,  332 
False  Personation 

Incurring  liability  by,  punisliment,  5 :  691 

Marrying  under,  punishment,  5:  692 

lieceiving  money  or  property  through,  punishment,  5:  693 


1114 


INDEX 

False  Pretenses 

Evidence  of.  G  :  379 

Infant,  frauilulent  prodnction  to  intercept  inlieritauce,  5:  233 

Innkeeper,  obtaining  credit  fron],  by,  5:  701 

Obtaining  money  or  property  by 

Proof,  6:  379 

Punishment,  5:  695 

Use  of  mails,  p.  923,  sec.  338 
False  Representations 

See  Di-xEiT :  I<'i;.vri);  Insurance 
False  Weights  and  Measures 

See   ^^■EIGHTS   AND   MEASURES 

Falsifying 

Accounts  by  officer,  punishment  of,  5:  622 
Evidence,  .5:  161.  163 
Records  and  documents,  5:  1.31-135 
Family  Allowance 

Estate,  from,  see  Estates  of  Decedents 
Father 

See  Parent  and  Child 
Fees 

Additional  fees,  fixing  by  court,  4:  991 

Appeal  to  district  court,  on,  4:  889 

Attorneys,  see  Attorneys 

Certificates,  for.  4:  985 

Constables,  of,  4:  986,  987 

Copies  of  records,  for,  4:  985 

Costs,  see  Costs 

Criminal  actions,  in,  as  element  of  costs,  6:  392 

Docket  fee 

Appeal  to  district  court,  on.  4:  889 
Commencing  action,  on,  4:  982 
Executors  and  administrators,  of,  see  Executors  and  Administrators 
Jiorma  pauperis,  proceedings  in,  4:  1001,  1002 
Government  or  oflicer  not  required  to  pay,  4:  982 
Guardians,  of,  see  Guardian  and  Ward' 
Intervention  in  action,  upon,  4:  982 
.Jurors,  fee  allowed  to,  7:  35 

Jury  fee.  deposit  to  accompany  demand  for  jury  trial    4-  983 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Marriage  licenses,  for  issuance  of,  3:  61 
Marriages,  for  licenses  to  celebrate,  3-  62 
Marshal,  of 

As  assignee  for  creditors,  3 :  2774 

"\'arious  services  including  service  of  process,  for,  4:  986    987 
Other  fees  fixed  by  court,  4:  991 
Payment  over  to  collector  of  Panama  Canal,  4  •  981 
Prepayment  of,  4:  1001 
Probate  and  guardianship  matters,  4:  984 
Process,  for  service  or  attempted  service  of,  4 :  986,  987 
Referees,  4 :  990 
Special  proceedings,  in.  4:  982 
Specific  fees  only  may  be  demanded,  4 :  981 
Witnesses,  of 

Advancement  for  expenses,  4:  2043;  6:  657 
Civil  actions,  in,  generally,  4:  989 
Criminal  actions,  as  element  of  costs  in,  6 :  392 
r  elony 

Administering  stupefying  agent  to  commit,  punisliment,  5:  313 

Arraignment,  defendant  to  be  personally  present,  6:  222 

Assault  to  commit,  punishment,  5:  301   311    312 

Concealment  from  authorities,  5:  53 

Conspiracy  to  commit,  necessity  of  overt  act,  5 :  82 

Crimes  divided  into  felonies  and  misdemeanors   5:  23 

Defined,  5 :  24  * 

1115 


INDEX 

Felony — Continued 
Divorce 

Conviction  of  felony  as  ground  for,  3 :  71 
Limitation   of  action   for,   3 :  104 

Imprisonment  for,  to  be  at  hard  labor,  6:  498 

Limitation  of  time  for  prosecution,  6 :  61,  62 

Punishment  of,  where  not  otherwise  prescribed,  5 :  25 
Fences 

Maliciously  throwing  down,  punishment,  5 :  805 
Ferries 

Near  Pacific  entrance  of  Canal 

Maintenance  and  operation,  2 :  341 

Regulations  governing,  authorized,  and  violations  punished,  2 :  342 

Receiving  compensation  for  use  without  authority,  5 :  531 

Violation  of  conditions  of  undertaking  to  maintain,  5 :  532 
Finance 

See  Accounting  ;  Public  Moneys 

Accounting  by  collecting  officers  of  Canal,  2 :  32 

Business  operations,  expenditure  and  reinvestment  of  receipts  from,  2 :  52 

Examination  of  Canal  accounts  by  General  Accounting  Oflace,  2 :  33 

Fraudulently   presenting   claim    for   allowance    or   payment,    punishment, 
5:  102 

Offenses  respecting  public  moneys,  5 :  621-625 ;  see  Public  Moneys 

Receiving,  disbursing,  and  accounting  for  funds,  2 :  31 

Refund  of  amounts  erroneously  received  as  tolls,  2 :  414 
Finders 

See  Lost  Property 

Claimants  to  prove  ownership,  3 :  1213 

Compensation,  what  entitled  to,  3:  1212,  1214 

Duties  of,  3 :  1211,  1212 

Larceny,  when  guilty  of,  5 :  780 

Obligations  of,  3 :  1211,  1212 

Property  vests  in,  when,  3 :  1218 

Reward  of,  3 :  1212,  1214 

Sale  of  property  by,  3 :  1216,  1217 

Storage  of  thing  found,  3 :  1215 
Fines 

See  Penalties 

Attaching  property  of  defendant,  6:  512 

Corporation,  collection  of  fine  imposed  upon  conviction,  6 :  837 

Deposits  in  lieu  of  bail,  application  to  payment  of,  6 :  604 

Disposition,  rules  governing  in  magistrate's  court,  7 :  6 

District  attorney  to  recover,  6 :  17 

Excessive,  forbidden,  1:  1 

Execution  of  judgments  for,  6 :  512,  513 

Failure  by  officer  to  pay  over,  punishment,  5 :  625 

Imposition  and  also  placing  defendants  on  probation,  6 :  500 

Imprisonment  for  nonpayment,  6 :  127,  497,  513 

Remission  of.  Governor  may  grant,  2:  261 
Firearms 

See  Arms  ;  Deadly  Weapons 
Fire  Insurance 

See  Foreign  Corporations  ;  Insurance 
Fires 

Bridges,  burning  of,  5 :  823 

Burning  property  not  subject  of  arson,  punishment,  5 :  803 

Goods  saved  from,  neglect  to  notify  owner,  5 :  781 

Insured  property,  burning,  punishment,  5 :  705 

Negligently  firing  grasses  or  shrubbery,  i)unishment,  5:  571 

Protection  apparatus,  tampering  witli  or  injuring,  punishment,  5:  836 

Resistance  to  firemen  extinguishing  fire  in  building,  5 :  572 
Fixtures 

Larceny  of,  5:  778 

Ownership  of,  3 :  411 

Tenant,  right  of,  to  remove,  3 :  412 

What  are,  3 :  257 

1116 


INDEX 

Food 

Adulteration,  see  Adih^tekation 
Diseased  animals,  sale  of  meat  or  milk  of,  5 :  563 
Poisoning  of,  punisluneut,  5 :  373 

Selling  or  offering  unwholesome  food,  punishment,  5 :  544 
Force 

See  DuRKSs 
Forcible  Entry  and  Unlawful  Detainer 
Appeal 

As  stay,  4 :  1155 

Provisions  governing,  4 :  1157 
Appearance  of  defendant,  4 :  1151 
Arrest,  4:  1149 

Assessment  of  damages,  4:  1154 
Complaint 

Amendment  of,  4 :  1153 

Requisites  of,  4:  1147 
Criminal  liability  for  engaging  or  assisting  in,  5 :  605 
Defense,  what  may  be  shown  in,  4 :  1152 
Execution,  4:  1145,  1154 
Forcible  detainer  defined,  4 :  1142 
Forcible  entry  defined,  4 :  1141 
Judgment 

By  default,  4:  1150 

What  it  shall  declare,  4 :  1154 
Jurisdiction  of  magistrate's  court  over  actions  involving,  7 : 2 
Parties 

Defendant,  4 :  1145 

Generally,  4 :  1146 
Plaintiff,  what  only  need  show,  4 :  1152 
Relief  against  forfeiture  of  lease,  4 :  1158 
Rules  of  practice,  4  :  1156 
Satisfaction  of  judgment,  4 :  1154 
Service  of  notice,  4 :  1144 
Summons,  form  and  service  of,  4 :  1148 
Tenant  when  guilty  of  unlawful  detainer,  4 :  1143 
Trial,  showing  of  parties,  4 :  1152 
Unlawful   detainer  defined,  4 :  1143 
Foreclosure  of  Mortgages 

Against  property  of  an  estate,  4 :  1481 

Chattel  mortgages,  manner  of  foreclosure  in  general,  3 :  2267 

Commissioner,  appointment,  powex-s,  and  duties,  4 :  641,  644 

Deficiency  judgment,  4 :  641 

Exclusive  remedy,  4 :  641 

Injunction  to  prevent  injury  to  property  pending,  4 :  668 

Necessary  regardless  of  terms  of  instrument,  4 :  667 

Proceedings 

In  actions  for  foreclosure,  in  general,  4 :  641 

When  debt  falls  due  at  different  times,  4 :  643 
Property  not  exempt  on  judgment  of  foreclosure,  4 :  590 
Redemption 

By  judgment  creditor  of  decedent,  4 :  1486 

In  general,  4  :  641 ;  see  Execution 
Removal  of  improvements  by  mortgagor  after  sale,  5 :  779 
Sale,  4 :  641 

Surplus,  disposition  of,  4 :  642 
Foreign  Corporations 

Affidavit  as  to  amount  of  capital  stock,  filing  of,  3 :  221 

Amendment  of  articles  of  incorporation,  filing  of,  3 :  221 

Annual  license  fee,  3 :  221,  225 

Application  for  license  to  do  business,  3 :  221 

Articles  of  incorporation,  filing  copy  of  articles  and  of  amendments,  3 :  221 

Contracts  by,  effect  of  failure  to  comply  with  law,  3 :  226 

Default  judgments  against,  3  :  221 

Fee  to  accompany  application,  3  :  221 

U17 


Foreign  Corporations — Continued 

In  general,  3 :  221-230 

Insurance  companies 

Additional  documents  and  deposit,  filing  of,  3 :  222 
Annual  statement,  filing  of,  3 :  223 
Payment  of  license  tax,  3 :  223 

Issuance  of  license,  3  :  224 

Joint  stock  companies,  regulation  of,  3 :  229 

License  fee,  3 :  225 

License  tax,  payment  by  insurance  companies,  3 :  223 

Limitation  laws,  loss  of  benefit  of,  3 :  227 

Offenses  in  management,  no  defense  tbat  corporation  is  foreign,  5 :  7(54 

Process  agent,  designation  of,  3 :  221 

Process,  service  on,  3  :  221 ;  4 :  166,  168 

Revocation  of  license,  3 :  230 

Sale  of  securities  by,  see  Secukities  Sales  Law 

Securities  sales  law,  license  under,  suflicient,  3 :  228 

Summons,  service  on,  3  :  221,  4  :  166,  168 

Transaction  of  business  without  license,  3 :  226 
Foreigners 

See  Aliens 
Foreign  Insurance  Companies 

See  Foreign  Corporations 
Foreign  Judgments 

Admiralty  court,  of,  conclusiveness,  4 :  1940 

Conclusiveness  of,  general  rules,  4 :  1939,  1941 

Effect  of.  4  :  1941 

How  enforced,  4  :  1939 

Judgment  of  a  justice  court  of  a  State,  4: 1947,  1948 

Proof  of,  4 :  1931-1933 
Foreign  Laws 

Evidence  of,  4 :  1926-1928 

Mistake  of,  as  mistake  of  fact,  3 :  835 

Presumption  as  to  books  containing  laws  or  reports,  4 :  1926,  2007 

Statutes  of  limitations,  4  :  111 
Foreign  Relations 

Passports,  general  laws  respecting,  p.  962,  sees.  213-227 

Preservation  of  friendly  relations,  p.  965,  sees.  231-246 
Forfeiture 

Articles  illegally  imported,  2  :  63 

Bail,  of.  6:  621-623;  see  Bail 

Conditions  involving,  strictly  construed,  3:  699 

Contract  for,  of  property  subject  to  lien,  void,  3 :  2192 

Conviction  not  to  work,  5 :  8 

Disposition,  rules  governing  in  magistrate's  court,  7 :  6 

District  attorney  to  recover,  6 :  17 

Failure  by  officer  to  pay  over,  punisliment,  5:  625 

Lease,  of,  see  Landlord  and  Tenant 

Merchandise  omitted  from  vessel's  manifest,  2 :  64 

Office,  of,  upon  conviction  of  crime,  5:  9 

Relief  from,  right  to,  on  making  full  compensation,  3 :  2612 

Remission  of.  Governor  may  grant,  2:  261 

Sea  stores  omitted  from  list  or  landed,  2 :  65 

Specific  or  preventive  relief  not  granted  to  enforce,  3 :  2684 

Witnes.ses 

Disobeying  subpena,  forfeiture  to  party  aggrieved,  4 :  2047 
Undertaking  by  witness  to  appear,  of,  6:  660 
Forgery 

Bank  bill  or  note,  of 
Proof  of,  6 :  380 
Punishment  of,  5:  734 

Consent  to  marriage,  of,  3 :  64 

Evidence,  forged,  offering,  a  felony,  5:  161 

Fictitious  bill,  note,  or  check,  making,  uttering,  etc.,  5 :  727 


1118 


INDEX 

Forgery — Continued 

Government  securities  or  obligations,  of,  5 :  732 

Information  for,  where  instrument  destroyed  or  withheld,  6:  202 

Instruments,  of,  in  general,  5 :  721 

Invoice,  of,  to  secure  entry  or  importation  of  merchandise,  2 :  62 

Possessing 

Forged  or  unfinished  note  or  bank  bill,  5 :  726 

Forjied  securities,  bank  notes  or  bills,  5 :  736 
Punishment  of,  generally,  5 :  724 

Record,  offering  forged  instrument  for,  punishment,  5 :  133 
Seal,  public  or  corporate,  of,  5 :  723 
Signature  to  negotiable  instrument  by,  effect  of,  3 :  2343 
Telegraph  or  telephone  message,  of,  5 :  725 
Uttering 

Foi-ged  bank  note,  5 :  735 

Forged  Government  securities  or  obligations,  5 :  733 ;  p.  908,  sec.  265 

Forged  instruments  generally,  5:  721 
Form 

Acknowledgement,  of,  3 :  497-499 
Bail,  of,  6:  572,  592,  637 
Bench  warrant,  of,  6:  226,  490 
Commitment  after  preliminary  hearing,  of,  6:  143 
Information,  of,  6:  182 
Letters  of  administration,  4 :  1303 
Letters  of  administration  with  will  annexed,  4 :  1302 
Letters  testamentary,  4:  1301 
Mortgage  of  personal  property,  of,  3 :  2263 
Pleas,  forms  of,  6:  272 
Search  warrant,  of,  6:  767 
Subpena,  of,  6:  654 
Verdict,  of.  6:  406,  409 
Warrant  of  arrest,  of,  6:  75 
Forma  Pauperis 

Prosecution  or  defense  of  actions  in,  4 :  1001,  1002 
Former  Conviction 

See  FoBME3i  Jeopardy  ;  Subsequent  Offenses 
Former  Jeopardy 
Acquittal 

As  a  bar,  6:  278 

Discharge  to  be  witness  as,  6:  368 

What  constitutes  former  acquittal,  6:  276.  277 
Act  punishable  in  different  v/ays,  second  prosecution  prohibited,  6:  9 
Arrest  of  judgment  as  a  bar,  6 :  464 
Attempt,  prosecution  for,  when  barred,  6:  278 
Compromise  of  offense  bars  further  prosecution,  6 :  803 
Conviction  as  bar,  6:  278 

Denmrrer  to  information,  allowance  as  bar,  6 :  256 
Discharge  of  one  of  defendants  to  be  witness,  as  bar,  6 :  368 
Dismissal  of  action  or  information  as  bar,  6:  276,  795 
Double  jeopardy  forbidden,  1 :  1 ;  6 :  8 
Fomier  conviction  or  acquittal,  how  pleaded,  6 :  271,  272 
Included  offenses  barred,  6:  278 
Judgment  on  plea  of,  6 :  410 
Once  in  jeopardy 

As  bar,  6 :  278 

How  pleaded,  6:  271,  272 
Plea  of 

How  made,  6:  271,  272 

Issue  of  fact  arises  on,  6 :  301 
Second  prosecution  for  same  offense,  prohibited,  1:  1;  6:  8 
Setting  aside  information  no  bar,  6 :  245 
Fortifications 

Injuries  to,  punishment,  p.  905,  sec.  96 

Right  to  establish  for  protection  of  Canal,  p.  847,  art.  23 


1119 


II^DEX 

Fraud 

Actual  fraud 

Fi-aud  is  actual  or  constructive,  3:  827 

Question  of  fact,  is,  3 :  830 

What  constitutes,  3:  828 
Clubhouse,  commissary,  or  restaurant  checks,  altering,  5:  741 
Commission  merchant  or  factor,  false)  statement  by,  5:  700 
Concealment  of  property  by  debtor,  punishment,  5 :  231,  232 
Conspiracy  to  defraud 

Information  for,  6 :  204 

Punishment  of,  5:  81 
Constructive,  defined,  3:  829 
Contracts 

Deemed  obtained  through  fraud,  when,  3:  824,  827-829 

Exempting  one  from  liability  for  fraud,  void,  3 :  932 

Failure  to  express  intent  through  fraud,  effect,  3 :  900 

Obtained  through  fraud,  voidable,  3 :  822,  823,  952 

Prevented  from  being  put  in  writing  by,  3:  885 
Corporation,  in  management  of,  5:  751-7G4;  see  Corporations 
Deceit,  3:  972-974;  see  Deceit 

Desertion  induced  by,  who  commits  desertion,  3 :  75 
Drawing  check  or  draft  with  insufficient  funds,  5 :  728 
Evidence,  falsification  of,  a  felony,  5:  161,  163 
Exemplary  damages  in  case  of,  3 :  2641 
False  personation,  see  False  Personation 
Fraudulent  transfers,  see  Fraudulent  Transfers 

Innkeepers  or  boarding-house  keepers,  defrauding,  punishment,  5 :  701 
Instrument,  when  void  as  to  creditors,  3 :  2762,  2763 
Insured  property,  injury  to  or  destruction  of,  5 :  705 
Intent  to  defraud,  sufliciency  of,  6 :  375 
Interest  as  element  of  damage,  3 :  2632 
Judgment,  impeachment  for,  4 :  1942 
Mails,  using  to  defraud,  p.  923,  sec.  338 
Market  price,  to  aft'ect,  punishment,  5 :  703 
Marriage  voidable  where  consent  procured  by,  3:  54 

Married   person   conveying  or   mortgaging   lands    under   false    representa- 
tions, 5:  698 
Mortgaged  personalty,  removal  sale,  or  further  incumbrance,  5 :  697 
Newspaper  circulation,  misrepresentation  of,  5 :  706 
Partnership,  in  affairs  of,  punishment.  5 :  704 
Pledgee,  defrauding,  punishment,  5 :  702 

Presumption  that  private  transactions  fair  and  regular,  4 :  2007 
Railroad  tickets,  restoring  canceled,  5 :  740 
Reformation  of  contract  for,  3 :  2711 
Removal  of  property  by  debtor,  punishment,  5:  231,  232 
Rescission  for,  3 :  952,  953 ;  see  Rescission 
Restoration  of  thing  wrongfully  received,  3 :  975,  976 
Sale  of  property,  false  or  fraudulent,  5 :  696,  699 
Statute  of  frauds,  see  Statute  of  Frauds 
Substituting  child,  5:  234 

Telegraph  or  cable  message,  procuring  by  fraud,  5 :  853 
Undue  influence,  defined,  3 :  831 ;  see  Undue  Influence 
Weights  and  measures,  false,  5:  711-716;  see  Weights  and  INIeasuues 
Will  procured  or  revoked  by,  3 :  522 
Frauds,  Statute  of 

See  Statute  of  Frauds 
Fraudulent  Transfers 

Chattel  mortgages  when  void  against  creditors,  3 :  2264 

Creditor's  rights  against  sold  goods  in  seller's  possession,  3 :  1006 

Debtor's  contract  valid,  when,  3 :  2753 

Decedent,  by,  recovery  by  executor,  4 :  1529-1531 

Delivery  of  personalty  necessary,  3 :  1006,  2762 

General  rule  as  to,  3:  2761 

Judgment  on  undertaking  of  transferee,  4:  569 

Judicial  proceedings,  taking,  to  delay  or  defraud  creditors,  3:  2761 

1120 


I 


INDEX 

Fraudulent  Transfers— Continued 

Persons  against  wliom  void,  3:  2761-2763 

Preferences  valid,  3:  2754 

Presumption  as  to,  in  absence  of  delivery   etc    3  •  ">!&> 

Punishment  of,  as  offenses.  5 :  231,  232,  694     "     '  "     " 

Special  partnership,  preferential  transfers  by,  3-  18'>S 

w!v.?'h.^'"'?  permitting  transferee  to  dispose  of  property,  4:  561-568 

What  transfers  are  void,  in  general,  3-  2761 

FugitlveTfro'mjisUcV'''^''''^  """^^  """  obligation  of  debtor,  3:  1006,  2763 

See    EXTKADITION 

Rewards  for  apprehension,  6:  851 
Funds 

See  Accounting  ;  Finance  ;  Public  Moneys 

Deposits  in  court,  see  Deposits  in  Court 
ruture  Interests 

See  Pkoperty 
Gambling 

Conducting  game  for  percentage,  punishment,  5 :  461 
Possessing  or  permitting  maintenance 
Device  or  game,  of,  5 :  462 
Slot  or  other  machine,  of,  5 :  463 
Gamboa 

g^j.^^<^°it^otiary  at,  designated,  6 :  901 ;  see  Penitentiary 

Liens  of  proprietors  of,  3 :  2311 
GarnYshmenT'^^^  "^^  "^  automobile  by  owner  or  employee,  5 :  785 

See  Attachment 
Gas 

Breaking  or  obstructing  pipes,  punishment,  5 :  835 
hteahng  of,  punishment,  5:  782 
Gates 

Leaving  gate  of  another  open,  5 :  804 
Gatun  Lake 

Boundaries  with  respect  to,  p.  849,  art  2 
Gender 

Of  words  In  codes,  3  :  12  ;  4 :  8  •  5  •  4 
General  Accounting  OflSce 

Accounting  by  collecting  officers  of  Canal  2  •  32 
Gift?"^^™*"^"*^"^  ^^  ^'^^^^  accounts  by  persons  detailed  from,  2 :  33 

Ademption  of  legacy,  3 :  602 

Causa  mortis 
I  Defined,  3:  484 

i  Effect  of  will  on,  3 :  487 ;  see  Wills 

■  May  be  satisfied  before  death,  3 :  619 

w  Presumed  when,  3:  485 

Revocation  of,  3:  483,  486 
Treated  as  legacy,  when,  3 :  488 

Community  property  by  husband,  3 :  149 

Defined,  3:  481 

Delivery  necessary,  3:  482 

Made  how,  3:  482 

Presumed  made  in  view  of  death,  when  3  •  485 

Revocation  of,  3:  483,  486 
Government 

'^4:^?331    ^"^   P^^^eedings    concerning   executors,    etc.,    in    certain   cases, 

Bond  or  security  not  required  of,  4 :  968 
Canal  Zone,  of 

By  President  through  Governor  and  others  2  •  5 

Criminal  actions  prosecuted  in  name  of,  6-'5  ' 

Criminal  processes  to  be  in  name  of,  6 :  6 

Duties  of  Governor  respecting  civil  government  2  •  7 


^* 


1121 


INDEX  j 

I 
Government — Continued 

Canal  Zone — Continued 

Fines,  debts,  and  forfeitures  accruing  to,  district  attorney  to  recover, 

6:  17 
Funds,  see  Accounting  ;  Finance  ;  Public  Moneys  , 

Legal  proceedings  for,  district  attorney  to  conduct,  7 :  38 

District  attorney  to  conduct  legal  proceedings  for,  7 :  38 

Employees,  see  Employees 

Escheat,  see  Escheat  of  Property  • 

Existence  of,  offenses  against,  p.  899,  sees.  5-8  , 

Officers,  see  Officers 

Operations  of,  offenses  against,  p.  904,  sees.  71-133 

Securities  or  obligations  of 

Forging  or  counterfeiting,  5 :  732 ;  p.  907,  sec.  264 

Plates  for  printing,  possession  or  use,  5:  738;  p.  907,  sec.  264 

Uttering  forged  or  counterfeit,  5  :  733  ;  p.  908,  sec.  265  1 

Survey  monuments  erected  by,  injury  to,  5 :  833  ' 

Governor  of  the  Panama  Canal 

Action  against,  for  damages  to  vessels,  etc.,  in  locks,  2 :  10 

Anchorage  and  movement  of  vessels  in  national  emergency,  regulation  by, 
2:  12 

Appointment,  term  and  salary,  2 :  6 

Arms,  may  authorize  permits  to  have  and  carry,  5 :  873 

Birds,  authority  to  make  regulations  for  protection  of,  2 :  291  i 

Boxing  exhibitions,  authority  to  regulate,  5:  606 

Canal  Zone 

Control  over,  2:7  j 

Government  by  President  through  Governor,  2:5  | 

Census  of  Canal  Zone,  to  take,  p.  892,  sec.  201 

Civil  government,  performance  of  duties  in  connection  with,  2 :  7 

Dead  bodies,  may  authorize  interment  elsewhere  than  in  cemetery,  5:  484 

Deported  person,  permitting  to  return  temporarily,  2:  142 

District  attorney  to  advise,  on  request,  7:  38 

Domestic  animals,  authority  to  regulate  keeping  and  impounding,  2:  201 

Employees'  Compensation  Act,  administration  by,  2:  123 

Explosives,  permits  for  transportation,  5:  506 

Extradition 

Discretion  as  to  delivering  United  States  citizen  to  Panama,  6:  882 
Issuance  of  warrant  of  arrest  by,  6:  865,  868 

Ferry  near  Pacific  entrance  of  Canal,  authority  to  operate  and  regulate, 
2:341,   342 

Fines,  authority  to  remit,  2:  261  i 

Foreign  corporations  I 

Authority  to  revoke  licensee,  3:  230  | 

Licensing  by,  3:  224  | 

Forfeitures,  authority  to  remit,  2:  261  ' 

Habitual  criminals,  permitting  to  be  at  liberty,  5:  75,  76 

Hunting 

Granting  and  revocation  of  permits  by,  5 :  874 
Regulation  by,  5:  875 

Importation  of  articles  or  merchandise,  control  and  regulation  of,  2 :  61 

Inspection  of  vessels,  authority  to  prescribe  regulations,  2:  153 

Judgments  of  death,  powers  respecting  execution  of,  6:  522,  523,  527,  529 

Marriage  licenses  and  certificates,  authority  to  prescribe  form  of,  3:  61 

Notaries  public,  appointment  and  regulation,  2:  211 

Official  acts  and  documents,  how  proved,  4 :  1944 

Operation  of  Canal  by  President  through  Governor,  2:5  ' 

Pardons,  authority  to  grant,  2 :  261 

Postal  service,  authority  in  respect  to,  2:  272 

Raffle  or  gift  enterprise  for  charity,  may  permit  5:477 

Reprieves,   authority   to   grant,   2:  261 

Revocable   licenses   for   lots   in   town   sites,   authority   to   execute,   2:  304 

Reward   for  escaped   convict   or   for  certain   offenders,  may  offer,  6:  851 
Securities,  regulation  of  sale  of,  3:  241-249 
Subject  to  Army  control  in  time  of  war,  2:  8 

1122 


I 


INDEX 

Grand  Larceny 

See  Larceny 
Grants 

See  Transfer 

F  Acknowledgments,  see  Acknowledgments 

Alienation,  restraints  on,  see  Alienation 
Defined,  3:  454 
Delivery 

Constructive,  3 :  459 

In  escrow,  3:  458 

Must  be  absolute,  3:  457 

Necessary  to  taking  effect  of,  3 :  455 

Presumed  to  be  at  date,  3 :  456 
Escrow,  delivery  in,  3 :  458 
Evidence 

Acknowledged  deed  as,  4:  1980,  1982 

Deed  under  court  process  as  evidence  of  transfer,  4 :  1952 
Executor  or   administrator,    by,    completing   decedent's    contract   of   sale, 

4:  1541-1551 
Fraudulent,  see  Fraudulent  Transfers 

Guardian,  by,  completing  ward's  contract  of  sale,  4 :  1795,  1821,  1822 
Heirs,  and  issue,  interpretation  of,  3 :  466 

Heirs,  issue,  or  children,  proceedings  to  determine  identity,  4 :  1695 
Include  what  instruments,  3 :  454 
Interpretation 

Against  grantor,  3 :  464 

Grant  by  public,  in  favor  of  grantor,  3 :  464 

Heirs  and  issue,  of,  3:  466 

»In  general,  3:  461 
Incidents  follow  thing  transferred,  3:  472,  2862 
Incidents,  transfer  of  does  not  pass  principal  thing,  3 :  472,  2862 

Includes  whatever  is  essential  to  use,  3:  2844 

Irreconcilable  provisions,  3 :  465 

Limitations  in  grants,  3 :  462 

Recourse  to  recitals,  3:  463 

Reservation,  in  favor  of  grantor,  3 :  464 
Judgment  proving  instrument,  entitles  instrument  to  record,  3 :  510 
Law  governing  grants  formerly  executed,  3 :  511 
Married  persons,  by,  falsely  representing  capacity,  5:  698 
Mortgage 

Not  to  be  deemed  a  conveyance,  4 :  667 

When  transfer  deemed  a  mortgage,  3:  2234,  2235 
Proof  of  instruments,  see  Acknowledgments  ;  Written  Instruments 
Realty,  of,  necessity  of  writing,  4:  2015-2017 

tTime  of  creation  of  interest  created  by,  3 :  352 
Title,  what  passes  by,  3 :  471 
Will,  effect  of  grant  on,  3 :  550,  551 
Written  transfer  called  grant  or  bill  of  sale,  3 :  454 
Great  Britain 

Clayton-Bulwer  treaty,  p.  833 

Treaty  with,  to  facilitate  construction  of  canal,  p.  837 
Guaranty 

See  Indemnity;  Suretyship 
Acceptance,  notice  of,  necessity,  3  :  2075 
Collectibility,  of,  3:2082-2084 
Conditional  obligation,  of,  3:2093 
Consent  of  principal  not  necessary  to,  3 :  2071 
Consideration  for,  3  :  2072,  2073 
Construed,  how,  3:2091 
Continuing,  3:2102 
Defined,  3:2061 

Delay  of  creditor  does  not  discharge,  3 :  2115 
;  Disability  of  principal,  effect  of,  3 :  2095 

'  Discharge  of  principal  by  act  of  law,  effect  of,  3:  2117 

Exoneration  of  guarantor  by  acts  of  creditor,  3:  2111-2117 

1123 


Guaranty — Continued 

Incomplete  contract,  of,  what  implied  in,  3 :  2081 

Indemnified  guarantor,  effect  of  alteration  of  contract,  3 :  2116 

Knowledi^e  of  principal  not  necessary,  3 :  2071 

Letters  of  credit,  3:2161-2169 

Liability  of  guarantor 

Accrues  when,  3  :  2092,  2093 

Cannot  exceed  principal's,  3  :  2094 
Notice  of  default,  necessity  of,  3 :  2092,  2093 
Offer  of,  notice  of  acceptance  necessary,  3 :  2075 
Original  obligations,  enumeration  of,  3 :  2074 
Part  performance  of  obligation,  effect  of,  3 :  2114 
Payment  or  performance,  of,  when  liability  accrues,  3 :  2092 
Release  of  guarantor  by  acts  of  creditor,  3 :  2111-2117 
Representation  as  to  credit  of  third  person  to  be  written,  4:201iS 
Revocation  of  continuing,  3 :  2102 
Statute  of  frauds,  effect  of,  on,  3  :  886 ;  4  :  2017 
Unconditional,  guaranty  deemed  to  be,  3 :  2091 
Unlawful  contract,  guarantor  not  liable  on,  3 :  2095 
Written 

Must  be  when,  3  :  886,  2073 ;  4 :  2017 

Need  not  be  when,  3 :  2074 
Guardian  Ad  Litem 

See  Infants  ;  Insane  Persons 
Appearance  of  infant  or  incompetent  by,  4 :  127,  695 
Compromise  of  suit,  authority,  4 :  127 
How  appointed,  4 :  128,  695 
Judgment  for  ward,  payment  to,  4 :  1823 
Magistrate's  court,  appointment  in,  4 :  695 

Power  to  appoint,  unaffected  by  general  guardianship  laws,  4 :  1732 
Guardian  and  Ward 

Abduction  or  enticement  of  ward,  forbidden,  3 :  47 
Accounting 

Expenditures  in  maintaining  ward,  allowance  for,  4:1775 

Expenses  and  compensation  of  guardian,  allowance  for,  4 :  1780 

In  general,  4:1777-1779 

Provisions  governing,  4 :  1794 

Settlement,  see  that  subhead,  infra 

When  to  be  made,  1727,  1777,  1778 
Adoption  of  ward,  3  :  191 
Appointment  of  guardian 

By  will  or  deed,  3 :  206,  207 

Certificate  of,  to  be  sealed,  4 :  25 

Custody  of  minor  pending  appointment,  4 :  1721 

Insane  person,  of,  in  general,  4 :  1741-1743 

Minor,  of,  in  general,  4 :  1721-1725,  1728 

Nonresident,  of,  4 :  1801 

Order  of  appointment,  entry  and  effect,  4 :  1819 

Parental  authority  ceases  on,  3 :  174 

Public  administrator,  appointment  of,  4 :  1747 

Rules  governing  court  in  making,  for  minor,  3 :  208 

Trust  company,  competency  of,  4 :  1281 

Vacancy,  to  fill,  4:1812 

Where  judgment  I'endered  for  infant,  4 :  1823 
Appraisement  of  ward's  estate,  4 :  1777 
Attorney's  fee,  how  fixed  and  paid,  4 :  1823 
Bond  of  guardian 

Action  on,  4  :  1815,  1816 

Filing  of,  4:  1815 

Insane  person,  of,  in  general,  4 :  1744 

Joint  guardians,  in  case  of,  4:  1818 

Justification    of   sureties,   4 :  1820 

Kinds  of  money,  4:1370 

Minor,  of.  in  general,  4 :  1727 

New,  when  reciuired.  4 :  1814 

Public   administrator,    official   bond    meets   requirements,   4 :  1747 

1124 


INDEX 

Guardian  and  Ward— Continued 
Bond  of  guardian — Continued 

Sureties   on,   qualification   of,   4:  1820 
Testamentary  guardian,   of,  4:  1731 
Compensation  of  guardians,  4:  1780 
Confidential,  relationship  between  is,  3:  209 
Court,  guardian  is  under  direction  of,  3:  210 
Definitions 

Guardian,  of,  3:  201 
Ward,  of,  3:  202 
Employees,  public  administrator  as  guardian  of  estates  of   4-  1747 
Expenses  of  guardians,  4 :  1780 
Fees  of  clerk  in  guardiausliip  matters,  4 :  084 
General  guardian,  defined,  3 :  204 
General  or  special,  guardians  are,  3:  203 

Government  as  party  to  proceedings  in  certain  cases,  4:  1331 
Guardian  ad  litem,  see  Guardian  Ad  Litem 
Incompetent  and  incapable,  defined,  4:  1746 
Inventory  of  ward's  estate,  4:  1777 
Joint  guardians 

Account  of,  4:  1779 
Death  of,  power  of  survivor,  3:  211 
In  general,  4:  1818 
Kinds   of  guardians,  3:  203 
Letters  of  guardianship 

Issuance  to  guardian  of  minor,  4:  1727 
Recording  letters  issued  to  guardian  of  minor,  4 :  1729 
Limitation   of  actions 

On  guardian's  bond,  4:  1816 
To   recover  property  sold,   4:  1817 
Nonresidents,  guardians  of 
Appointment,  4:  1801 
Bond  of,  4:  1803 
Extent  of  guardianship,  4:  1804 

Inventory,   account   and   disposal   of  property,   4:  1803 
Powers  and  duties,  4:  1802 
Removal  of  property,  4:  1805-1807 
Territorial  limit  of  authority,  4:  1939 
Notice,  request  for  special  notice  of  proceedings,  4:  1734 
Oath  of  guardian 

Public  administrator  as  guardian,  4:  1747 
Trust  company  as  guardian,  4:  1281 
Powers  and  duties 

Accounts  of  ward,  guardian  to  settle,  4:  1772 
Action  by  infant,  guardian  must  conduct,  3:  34 
Appearance  by  guardian 
In  general,  4:  127,  1772 
Magistrate's  court,  in,  4:  695 
Probate  proceedings,  in,  4:  1694 
Borrowing 

Chattel  mortgage,  on,  4:  1508 
Unsecured  note,  on,  4:  1510 
Compromise  of  suit,  authority,  4:  127 

Conditions  in  order  appointing  guardian   of  minor,  4:  1728 
Conveyance  by  guardian  completing  ward's  contract  of  sale    4-  1795 

1821,  1822 
Debts  due  ward,  guardian  to  recover,  4 :  1772 
Debts  of  ward,  payment  of,  4:  1771 

Disposition  of  person  or  property,  control  of  court,  3:  210 
Education  of  ward,  4 :  1730,  1775,  1791,  1792 
Embezzlement     or     concealment     of     property,     proceedings     against 

suspected  person,  4 :  1811 
Fraudulent     disr)osition     of     ward's     property,     proceedings     againgt 

suspected  person,  4:  1811 
In  general.  4:  1726,  1744 

1125 


Guardian  and  Ward — Continued 
Powers  and  duties — Continued 

Inventory  of  ward's  estate,  4 :  1777 

Investment  of  funds,  4:  1792,  1793,  1796 

Joint  guardian,  power  of  survivor  on  deatli  of,  3 :  211 

Maintenance  of  ward,  4:  1730,  1773-1775,  1791,  1792 

Management  of  estate,  3 :  210 ;  4 :  1773 

Marriage  of  ward,  consent  of  guardian,  3 :  60 

Mortgage  of  property 

Borrowing  on   cliattel   mortgage,   4 :  1518 
Maintenance  of  ward,  for,  4:  1773,  1774,  1791 

Partition,  powers  on,  4 :  1776 

Protection  of  i)erscn  or  property  of  ward,  3 :  48 

Sale  of  property,  see  that  subhead,  infra 

Seduction  of  wai-d,  guardian  may  sue  for,  4 :  130 

Service  of  process  on  guardian.  4 :  166,  1694 

Special  notice  of  proceedings,  giving  on  request,  4 :  1734 

Termination  of  authority,  see  that  subhead,  infra 

Territorial  limit  of  authority,  4:  1939 

Testamentary  guardian,  of,  4:  1731 
Practice,  provisions  applicable  to  estates  of  decedents  apply,  4:  1819 
Public  administrator,  appointment  as  guardian,  4:  1747 
Relationship  confidential  and  governed  by  provisions  on  trusts,  3:  209 
Restoration  of  insane  person  to  capacity,  proceedings  for,  4 :  1745 
Sale  of  property 

Application  of  proceeds,  in  general,  4 :  1792 

Contracts  for,  completion  by  guardian,  4:  1795,  1821,  1822 

Investment  of  proceeds,  4 :  1792,  1793,  1796  j 

Limitation  of  action  to  recover  property  sold,  4 :  1817  j 

Maintenance  and  education  of  ward,  for,  4 :  1773,  1774,  1791,  1792 

Provisions  governing,   4 :  1794 
Settlement  ' 

By  ward  with  guardian,  3:  215  | 

Death  of  guardian,  on,  4 :  1585  j 

Guardian's  accounts,  in  general,  4 :  1778,  1779,  1794  \ 

Special  guardian  defined,  3 :  205 

Special  or  general,  guardians  are,  3 :  203  t 

Taking  or  enticing  child  from  guardian,  punishment,  5:  283 
Termination  of  authority 

Abandonment  of  child,  forfeiture  of  custody  or  guardianship,  3:  20S 

Death  of  guardian,  settlement  of  accounts,  4 :  1585 

Discharge    of    guardian    where    guardianship    no    longer    necessary, 
4:  1813 

Forfeiture  of  guardianship  by  parent,  3 :  208 

Guardianship,  how  terminated,  in  general,  3:  213,  214;  4:  1726,  1733, 
1813 

Majority,  attainment  of,  by  ward,  3:  213,  214,  216;  4:  1733 

Marriage  of  guardian  of  minor  does  not  terminate  authority,  4:  1725 

Marriage  of  ward,  by,  3 :  213.  214 ;  4 :  1733,  1813 

Order  of  court,  by,  3  :  214  ;  4  :  1733,  1813 

Release  by  ward  to  guardian,  3:  215 

Removal  of  guardian,  grounds  for,  3:  212;  4:  1693,  1812 

Resignation  of  guardian,  4 :  1812 

Restoration  of  insane  person  to  capacity,  on,  4 :  1745 

Revocation  of  letters,  4 :  1777 
Testamentary  guardian 

Power  to  appoint,  3 :  206,  207 

Powers  and  duties  of,  4 :  1731 
Guilty 

Plea  of,  see  Plea 

Proceedings  after  verdict  or  finding  of  guilt,  Sui)reme  Court  mav  regulate, 
p.  983,  sec.  723a 
Habeas  Corpus 

Application  for,  making  and  requisites  of,  6:  722 
Avoiding  effect  of  writ,  a  felony,  5 :  193 

1126 


INDEX 

Habeas  Corpus — Continued 

Bail,  holding  person  to,  wliere  process  defective,  6:  741 

Clerk  to  issue  process  on,  6:  751 

Commitment  to  legal  custody  of  person  held  illegally,  6 :  743 

Contents  of  writ,  6:  725 

Defect  in  form  of  \vrit,  when  immaterial,  6:  727 

Defect  in  process,  discharge  on,  6:  738,  739 

Directed  to  whom,  6:  725 

Dischiirge  of  person 

Formal  defect  in  commitment,  not  granted  for,  6:  739 
Grounds  for,  6:  736,  738 
Imprisonment  after,  when  permitted,  6 :  744 
Disobedience  to  writ 

Damages  for,  6:  729 
For  defect  of  form,  forbidden,  6:  727 
Proceedings  upon,  6 :  728 
Disposition  of  person  pending  judgment  on  return,  6 :  735 
Eluding  service  of  writ,  a  felony,  5 :  193 
Failure  to  obey  writ,  a  felony,  5 :  191 
Granting  of  writ,  6 :  723 
Hearing 

Proceedings  on,  6:  733,  734 
Where  charge  or  process  defective,  6:  741 
Without  production  of  body,  when,  6:  732 
Illness  of  person  directed  to  be  produced,  6 :  732 
Imprisonment  after  discharge 
A  felony,  5 :  192 
When  permitted,  6:  744 
Issuance  of  writ,  time  of,  6:  750 

Magistrate,  may  grant  in  absence  of  district  judge,  6 :  724 
Process,  clerk  to  issue,  6:  751 

Production  of  body  according  to  command  of  writ,  6 :  731 
Recommitting  person,  although  charge  or  process  defective,  6:  741 
Remanding  person 

Where  detained  under  lawful  process,  6:  737 
Where  not  entitled  to  discharge  or  bail,  6 :  742 
Return 

Disposition  of  person  pending  proceedings  on,  6 :  735 
Place  for,  6:  752 
Requisites  of,  6:  730 
Stating  illness  of  person,  6:  732 
Time  for,  6:  751 
Right  to  writ,  in  general,  6:  721,  740 
Service  of  writ 

By  whom  and  how  served,  6:  726 
Time  for,  6:  751 
Time  of,  6:  750 
Warrant  instead  of  writ 
Clerk  to  issue,  6:  751 

Commanding  apprehension  of  person  charged  with  detention,  6 :  746 
Discharge  or  remand  upon  hearing,  6:  749 
Execution  of,  6:  747 
Grounds  for  issuance,  6 :  745 
Return  and  hearing  on,  6:  748 
What  to  contain,  6:  725 
Who  may  grant,  6:  723,  724 
Who  may  prosecute,  6 :  721,  740 
Witnesses  at  hearing,  6:  734,  741 
Habitual  Criminals 

Permit  to  be  at  liberty,  issuance  and  revocation,  5 :  75,  76 
Punishment  of,  5:  74 
Handwriting 

Comparison,  evidence  of  handwriting  by,  4 :  1976,  1977 
How  proved,  3:  505;  4:  1975-1977 
Opinion  of  witness  as  to,  4:  1888 

1127 


INDEX 

Handwriting — Continued 

Probate  of  will,  proof  of,  on,  4 :  1234 

When  may  be  proved,  3 :  504 

Writing,  proof  of,  by,  4:  1972 
Hanging 

Execution  by,  6:  531 
Harbors 

Colon,  of 

Access  to,  through  Canal  Zone  waters,  p.  854,  art.  7 
Boundaries,  p.  853,  art.  6 

Defenses,  punishment  for  injuries  to,  p.  905,  sec.  96 

Panama  and  Ancon,  of,  boundaries,  p.  851,  art.  4 

Panama  and  Colon,  of,  right  of  United  States  to  use,  p.  843,  art.  9 

Regulations  concerning  navigation  of,  2 :  9 
Healing  Art 

Regulations  respecting  practice  of,  2 :  372 
Health 

See  Quabantine;  Sanitation 

Adulteration,  see  Adulteeation 

Animals  "■; 

Sale  of  diseased,  punishment,  5 :  564 
Sale  of  meat  or  milk  of  diseased  animals,  5 :  563 

Conspiracy  to  injure  public  health,  5:  81 

Exposure  in  public  of  person  afflicted  with  communicable  disease,  5 :  503 

Failure  to  i>erforni  duties  under  health  laws,  punishment,  5:  501 

Insurance  of,  see  Insitbance 

Maintaining  hospitals  for  communicable  diseases  in  towns,  5 :  505 

Placing  filth  or  animal  carcasses  in  or  near  waters  or  highways,  5 :  507 

Regulations  in  matters  of,  authorized,  2:  371-373 

Selling  or  offering  unwholesome  food  or  medicine,  5 :  544 
Heirs 

See  Estates  of  DECBn)ENTs ;  Succession 

Illegitimate  children  as,  3 :  634 

Inheritance  by,  see  Succession 

Interpretation  of  word  heirs  in  future  interests,  3 :  466 

Possession  of  real  property  to  be  delivered  to,  when,  4 :  1441 

Proceedings  for  determination  of  heirship,  4:  1621 

Proceedings  to  determine  identity  where  description  insufficient,  4 :  1695 

Property  of  intestate  passes  to  heirs  subject  to  administration,  3 :  632 
High  Seas 

Jui-isdiction,  practice,  and  procedure  in  cases  of  offenses  on,  7:  26 

Text  of  United  States  laws  defining  offenses  on,  p.  938,  sees.  451-467,  481- 
502 
Highways 

Engineer  crossing  without  giving  warning,  punishment,  5 :  525 

Ferry,  maintenance  of  highway  from  terminal,  2:  341 

Guideposts,  injuries  to,  punishment,  5 :  825 

Maintaining  for  remuneration  without  authority,  5 :  531 

Operation  of  street-railway  cars  at  crossings,  2 :  331 

Placing  filth  or  animal  carcasses  in  or  near,  5 :  507 

Regulations  for  use  of  > 

Agreements  with  Panama  for  reciprocal  regulations,  2:  322  i 

Authority  to  make  and  enforce,  2:  321  \ 

Violation  of  regulations,  2:  323  * 

Throwing  injurious  substances  on,  punishment,  5:  824  ^   ^        ' 

Hiring  S'"^'       • 

See  Master  and  Servant 

Care  required  of  hirer,  3:  1274 

Defined,  3:  1271 

Depositary  for  hire,  se<'  Storage 

Expenses,  who  must  bear,  3 :  1283,  1284 

Injuries,  hirer  to  repair,  3 :  1275 

Obligations  of  letter  in  general,  3:  1282 

Products  of  thing  belong  to  hirer,  3:  1272 

Purpose  for  which  property  may  be  used,  3 :  1276 

1128 


ITHDBX 

Hiring — Contiuued 

Quiet  possessiuu,  letter  agrees  to  give,  3 :  1273 
Repairs,  duty  of  hirer  to  make,  3 :  1275 
Keturn  of  tiling,  3:  1285 
Termiuatiou 

Before  time,  apportionment  of  hire,  3 :  1281 

Grounds  for,  in  general,  3 :  1277 

Occurs  when,  3:  1279,  1280 

Using  in  manner  contrary  to  agreement,  3 :  1276,  1277 
Use  for  purpose  other  than  for  whicli  hired,  tta-mination  of  hiring,  3 :  1276, 
1277 
Holidays 

Computation  of  time  where  last  day  falls  on,  3 :  9,  2594 ;  4 :  6 
Enumeration  of,  3 :  7 ;  4  :  5 
Negotiable  instruments  falling  due  on,  3:  2436 
Performance  on  following  day,  3:  10 
Homicide 

Accident,  by,  excusable,  5 :  259 

Administering  poison  with  intent  to  kill,  5 :  302 

Assault  with  intent  to  murder,  5 :  301 

Death  must  occur  within  year  and  day,  5 :  258 

Dying  declarations,   admissibility   of,   4 :  1888 

Excusable 

Burden  of  proof,  6:  384 

In  what  cases,  5 :  259 

Not  punishable,  5 :  263 
Fear  as  justifying,  5 :  262 
Justifiable 

Bare  fear  not  sufficient,  5 :  262 

Burden  of  proof,  6:  384 

By  officers,  in  what  cases,  5 :  260 

By  persons  other  than  officers,  in  what  cases,  5:  261 

Not  punishable,  5:  263 
Malice  defined,  5:  252 
Manslaughter 

Definition  and  kinds  of,  5 :  256 

Proof  of  death  and  fact  of  killing,  6:  383 

Punishment  of,  5 :  257 
Misfortune,  by,  excusable,  5:  259 
Mitigating  circumstances,  burden  of  proving,  6 :  384 
Murder 

Assault  with  intent  to  commit,  5 :  301 

Burden  of  establishing  mitigation  or  justification,  6:  384 

Defined,  5 :  251 

Degrees  of,  5  :  253 

First  degree 

Punishment,  5:  254 
What  is,  5 :  253 

Injury  to  or  obstruction  of  Canal  or  locks  causing  death,  5:  255 

No  limitation  in  prosecution  for,  6 :  61 

Proof  of  death  and  fact  of  killing,  6 :  383 

Second  degree 

Punishment,  5:  254 
What  is,  5 :  253 
Murderer  of  decedent  cannot  succeed  to  estate,  3 :  654 
Officers  by,  justifiable  in  what  cases,  5:  260 
Punishment  for,  5 :  254,  257 
Self-defense,  in 

Bare  fear  not  justification,  5 :  262 

Justifiable,  5 :  261 
Hospitals 

Assisting  escape  of  person  confined  in,  5 :  205 
Keeping  hospital  for  communicable  diseases  in  town,  5 :  505 
Hotel  Keepers 

See  Innkeepees 

93803—34 72  1129 


IJiDEX 

Hours  of  Labor 

Train  dispatchers  and  telegraph  operators,  of,  2 :  224 
Public  works,  on,  p.  987,  sec.  321 
Humane  Societies 

Agent's  autliority  to  aid  in  preventing  cruelty,  5:  444,  811 
Hunting 

Areas  and  class  of  arais,  regulation  of,  5 :  875 

Artificial  light,  hunting  at  night  with  aid  of,  punishment,  5:  877 

Birds,  regulations  concerning,  2 :  291,  292 

Fire-hunting  at  night,  punishment,  5 :  877 

Granting  and  revocation  of  permits,  5 :  874 

In  violation  of  law  or  regulations,  punishment,  5 :  876 

Permits  to  have  and  carry  arms  to  hunt,  authorized,  5:  873 

Regulation  of,  pursuant  to  permit,  5 :  875 

Spring  or  trap,  with  firearm  intended  to  be  discharged  by,  punishment, 

5:  877 
Witliout  obtaining  pennit,  punishment,  5:  876 
Husband  and  Wife 

See  Divorce  ;  Makhiage  ;  Married  Women 
Abandonment  of  wife 

A  misdemeanor,  5 :  441 

Competency  of  wife  as  witness,  6 :  672 
Abduction  or  enticement  of  spouse,  forbidden,  3 :  47 
Adoption  of  children,  see  Adoption 
Children,  see  Parent  and  Child 
Community  property 

Action   for   maintenance  without   divorce,   disposition   in,   3 :  116 

Death  of  spouse,  effect,  3:  648,  649 

Defined,  3:  140,  280 

Disposition,  husband's  power  of,  3:  149 

Divorce,  disposition  on,  see  Divorce 

Liability  of,  for  wife's  contracts,  3:  143 

Management  and  control  by  husband,  3 :  149,  649 

Succession  to,  on  death  of  spouse,  3 :  648,  649 

Testamentary   power   over,   3 :  648 

What  property  is,  3 :  140,  280 
Contracts 

Between,    and    with   others,    capacity   to   make,   3:  134,   135 

For  separation,  3 :  135,   136 
Custody  of  children,  see  Divoece;  Infants;  Paeent  and  Child 
Debts 

Community  property  liable  for  on  death  of  wife,  3 :  649 

Earnings  of  wife  not  liable  for,  3 :  144 

Separate    property    of    husband    not    liable    for    wife's    debts    before 
marriage,  3 :  146 

Separate  property  of  wife,  liability  for,  3 :  147 
Divorce,  see  Divorce 

Domicile,  husband  may  fix,  3:  81,  82,  132 
Dwelling,  neither  can  be  excluded  from  other's,  3:  133 
Earnings  of  wife 

Not  liable  for  debts  of  husband,  3 :  144 

Separate  property,  are,  where  living  separate,  3:  145 
Head  of  family,  husband's  rights  as,  3 :  132 
Inheritance  of,  see  Succession 
Inventory  of  wife's  property,  3:  141,  142 
Legal  relationship,  cannot  alter  by  contract,  3:  135 
Legitimacy  of  issue,  see  Legitimacy 
Maintenance  without  divorce,  3:  115,  116 
Marriage  settlement 

Execution,  3:  154 

Minor  may  make,  3 :  155 

Stipulations  conceraing  property  rights,  3:  153 
Married  woman,  see  Married  Women 
Mode  of  living,  husband  may  choose,  3 :  81,  82,  132 
Mutual  obligations,   3:  131 

1130 


INDEX 

Husband  and  Wife — Continued 
Necessaries 

Husband's  liability  for  tliose  furnislied   wife,  3:  150,   151 

Wife's  separate  property,  liability  of,  for,  3:  147 
Obligations,  mutual,  3:  131 
Place  of  living,  husband  may  choose,  3 :  81 
Privileged  communications  between,  4:  1904 
Property 

Community  property,  see  that  subhead,  supra 

How  may  be  held,  3:  137 

Interests  are  separate,  3 :  133 

Management  and  control  by  husband,  3;  149,  649 

Provisions  governing  property  rights  of,  3:  153 

Separate  property,  see  that  subhead,  infra 

Status  of  property  acquired  after  marriage,  3 :  140 
Protection  of  person  or  property  of  spouse,  3 :  48 

Real  property,  fraudulent  sale  or  mortgage  by  married  person,  5:  698 
Separate  property  of  husband 

Not  liable  for  antenuptial  debts  of  wife,  3 :  146 

What  is,  3  :  139 
Separate  property  of  wife 

Earnings  and  accumulations  of  wife  living  separate,  3 :  145 

Disposition  by  will.  3:  523 

Inventory  of,  3:  141,  342 

Liability  of  for  debts,  3:  147 

What  is,  3  :  138 

Wife  may  convey  without  husband's  consent,  3 :  138 
Separation 

Agreement  for,  3:  135,  136 

As  desertion,  3  :  77-80 

Consideration  for  agreement  of,  3 :  136 

Custody  of  children,  3 :  168 

Support  during,  3 :  135,  151 
Support 

Criminal  liability  for  nonsupport,  5:441,  6:672 

Husband's  liability,  in  general,  3 :  150,  151 

Mutual  obligation  of,  3 :  131,  152 

Requiring  f)f  defendant  on  probation,  6 :  501 

Where  wife  under  guardianship  as  an  incompetent,  4 :  1774 

Wife's  liability  for  support  of  husband,  3 :  152 
Torts  of  wife,  liability  of  husband  for,  3 :  148 
Wife,  see  Married  Women 
Witnesses,  as,  4 :  1904  ;  6 :  672 
Idiots 

See  Insane  Persons 
Ignorance 

Fact,  as  affecting  liability  for  crime,  5 :  57 
Illegitimacy 

See  Legitimacy 
111  Fame 

See  Prostitution 
Immigration 

Canal  employees,  Panama  to  permit,  p.  844,  art.  12 
Importation  of  foreign  convicts,  punishment,  5 :  184 
United  States,  to 

Exclusion  of  aliens  seeking  entry  through  Canal  Zone,  p.  889,  sec.  136 

Issuance  of  visas  in  Canal  Zone,  p.  890,  sec.  224 

Nonquota  immigrant  as  including  immigrant  born  in  Canal  Zone,  p.  890, 
sec.  204 

Tei-m  United  States  excludes  Canal  Zone,  p.  889,  sec.  173 
Impeachment 

Judicial  record,  of,  4  :  1942 
Witnesses,  of,  see  Witnesses 
Impersonation,  False 

See  False  Personation 

1131 


INDEX 

Implied 

Contracts,  see  Contracts 

Trusts,  see  Trusts 

Warranties,  see  Sales 
Importation 

See  Customs  Service 

Foreign  convicts,  of,  punishment,  5 :  184 

Narcotic  drugs  import  and  export  act,  p.  957,  sees.  171-185 

Plates  for  printing  counterfeit  securities,  punishment,  5 :  738 ;  p.  907,  sec.  264 
Impossibility 

Alternative  obligation,  of,  effect,  3 :  704 

Ascertaining  consideration,  of,  effect,  3 :  868,  869 

Defined,  3:853 

Law  does  not  require,  3 :  2853 

Object  of  contract  must  be  possible,  3 :  852 

Performance,  of,  when  avoids  contracts,  3 :  854 

What  deemed  to  be  possible,  3 :  853 

Will,  of  condition  precedent  in,  3 :  598 
Imprisonment 

See  Judgment  ;  Punishment  ;  Sentence 

Civil  process,  on 

Debtor  in  supplementary  proceedings,  4 :  622 
Discharge  of  person,  4 :  1121-1132 
Judgment  debtor,  of,  4 :  5S3 

Commencement  of  term  of,  6 :  517 

Consecutive  running  of  sentences,  6 :  516 

Contempt,  for,  until  performance  of  act,  4 :  1172 

False,  punishment,  5:331,  332 

Fine,  in  case  of  nonpayment  of,  6 :  127,  497,  513 

Habeas  corpus,  after  discharge  on 
A  felony,  5 :  192 
When  permitted,  6 :  744 

Hard  labor,  at,  for  felony,  6 :  498 

Judgment  of,  how  executed,  6 :  513-515 

Term  of 

Commences  when,  6 :  517 
Temporary  releases  not  part  of,  6 :  518 
Incapacity 

See  Infants  ;  Insane  Persons 

Marriage,  to  enter  into,  3 :  54 
Incest 

Definition  and  punishment,  5  :  414 
Incident 

Passes  with  principals,  3:  472,  2862 

Transfer  of,  does  not  pass  principal  thing,  3 :  472,  2862 
Income 

Accumulations  of,  3 :  321-325 ;  see  Accumulations 

Disposition  of,  governed  how,  3 :  321 

Includes  what,  3:  351 

Undisposed  of,  who  entitled  to,  3:  332 
Incompetents 

See  Insane  Persons 
Indecency 

See  Obscene 

Crimes  against  public  decency,  5:  391-484 

Destruction  of  indecent  articles,  5 :  454 

Determination  of  indecent  character  of  articles  seized,  5:  453 

Mailing  indecent  articles  or  matter,  p.  920,  sees.  334,  335 

Procuring  another  to  make  indecent  exhibition,  5:  451 

Regulations  by  President  respecting  indecent  conduct,  5 :  391,  392 

Seizure  of  indecent  articles,  5 :  452 

Use  of  indecent  language,  punishment,  5 :  002 
Indecent  Exposure 

Definition  and  punishment,  5:  451 


1132 


INDEX 

Indemnity 

See  Guaranty;  Suretyship 
Agents,  acts  of,  indemnity  covers,  3:  2044 
Bail,  sureties  when  called,  3:  2049 
Defense  of  action  by  indemnitor,  4:  961 
Defined,  3:  2041 

Future  wrongful  act,  against,  void.  3:  2042 
Interpretation  of,  rules  for,  3:  2047 

Joint  and  several  liability  of  person  indemnifying  another,  3 :  2046 
Judgment  against  person  indemnified,  when  conclusive,  4 :'  901 
Liability  of  indemnitor,  general  rules  as  to,  3 :  2047 
Notice  to  indemnitor  of  action  against  person  indemnified,  4 :  961 
Past  wrongful  act,  against,  effect  of,  3:  2043 
Reimbursement,  indemnitor,  when  entitled  to,  3:  2048 
Several,  to,  effect  of,  3:  2045 
Unlawful  or  wrongful  act,  against,  3:  2042,  2043 
Indorsement 

See  Bills  of  Exchange;  Negotiable  Instruments 
Nonnegotiable  instrument  is  transferable  by,  3 :  713 
Presumptions  as  to,  4:  2007 
Infants 

See  Guardian  and  Ward;  Parent  and  Child 
Abduction  or  enticement  forbidden,  3:  47 
Abuse  of,  punishment,  5:  443 

Accumulations,  during  minority,  3:  321-335;  see  Accumulations 
Actions  by,  3:  34 
Adoption,  see  Adoption 
Adults,  who  are,  3:  23 
Appearance  by  guardian 
In  general,  4:  127,  1772 
Magistrate's  court,  in,  4:  695 
Probate  proceedings,  in,  4:  1694 
Attorney's  fees  for,  how  fixed  and  paid,  4:  1823 
Begging,  using  for,  punishment,  5:  442 
Compromise  of  claim  of,  4:  1824 
Contest  of  probate,  limitation  of  actions,  4 :  1257 
Contracts 

Capacity  to  contract,  3:  25,  26',  811,  812 
Disaffirmance,  3:  26-29 
Necessaries,  for,  3:  28,  982 
Crime,  capacity  to  commit,  5:  57 
Cruelty  to 

Aid  in  prevention  by  agent  of  humane  society,  5 :  444 
Punishment,  5 :  443 
Custody  of,  see  Divorce;  Parent  and  Child 
Delegation  of  power  by,  3:  25 
Disabilities  of,  3:  25 
Disaffirmance 

Contracts,  of,  3:  26-29 
Obligations  under  statute,  3 :  29 
Distributee  of  estate,  procedure  where  infant  without  guardian,  4 :  1651 
Earnings  of  minor  may  be  paid  to  tiim,  3 :  182 
Education  of,  liability  for,  3 :  166,  173 
Exemplary  damages,  liability  for,  3 :  33 

Fraudulent  production  with  intent  to  intercept  inheritance,  5:  233 
Guardian  ad  litem  for,  see  Guardian  Ad  Litem 
Guardians  for,  see  Guardian  and  Ward 
Judgment  for,  payment  to  guardian,  4:  1823 
Kidnaping,  punishment  of,  5:  281-283 
Lascivious  conduct  with,  punishment,  5 :  416 
Legitimacy  of  children,  see  Legitimacy 
Majority,  age  of,  3 :  21 
Marriage 

Annulment,  institution  of  suit  by  parent,  3 :  56 
Capability  of  contracting,  3:  60 
When  voidable,  3 :  54 

1133 


lUDEX 

Infants — Continued 

Marriage  settlement  by,  may  be  made,  3 :  155 

Mendicant  purposes,  using  for,  5 :  442 

Name,  change  of,  4 :  1192 

Necessaries,  contracts  for,  3 :  28,  982 

Negotiable  instrument,  assignment  or  endorsement  of  by,  3 :  2342 

Nonsupport  by  parent,  punishment,  5 :  441 

Peddling,  disposition  or  use  of  child  for,  5 :  442 

Period  of  minority  computed,  how,  3 :  21,  22 

Posthumous  children,  see  Posthumous  Children  ;  Succession 

Property,  contracts  respecting,  3 :  25 

Residence  of,  determination  by  parent,  3 :  183 

Service  of  summons  on,  4 :  166 

Stealing  of,  5:  283 

Stolen  goods,  presumption  as  to  goods  receive<l  from,  5 :  786 

Substituting  one  for  another,  punishment,  5 :  234 

Succession  by,  see  Succession 

Support  of 

In  general,  see  Parent  and  Child 

Out  of  accumulations  of  income,  3 :  325 
Taking  or  enticing  from  parent  or  guardian,  5 :  283 
Torts  of,  liability,  3:  33 
Unborn  child,  rights  of,  3 :  24 
Wages  of  minor  may  be  paid  to  him,  3 :  182 
Who  are  infants,  3:  21 
Witnesses,  as,  4:  1903 
Information 

See  Demurrer;  Pleading 
Accessory,  against 

Necessary  allegations,  6:  211 

Though  principal  not  prosecuted,  6:  212 
Amendment 

Effect  of  failure  to  permit,  6 :  258 

When  may  be  made,  6 :  257 
Charging  but  one  offense,  6 :  185 
Conspiracy  to  cheat  or  defi'aud,  for,  6 :  204 
Construction  of  words  used,  6 :  188 
Corporation,  filing  against,  6 :  835 
Defects  in  as  ground  for  arrest  of  judgment,  6:  461 
Defined,  6:  171 
Demurrer  to,  see  Demurrer 

Different  counts  or  alternative  means  in  same  count,  6:  186 
Directness  and  certainty  required  in  certain  regards,  6 :  1S3 
Discharge  of  defendant  where  facts  charged  not  offense,  6 :  388 
Disclosure  of  making  for  felony  before  arrest,  5 :  182 
Dismissal 

Not  a  former  acquittal,  6 :  276 

Where  not  filed  within  20  days,  6 :  791,  792 
Embezzlement,  for,  6:  204 
Failure  to  charge  offense 

Discharge  of  defendant,  6:  388 

How  jind  when  to  take  objection,  6:  260 
Filing  of 

After  commitment  and  examination,  6:  174 

After  discharge  on  preliminary  hearing,  7 :  3 

Clerk,  to  be  filed  with,  6 :  175 

Direct,  6:  141 
First  pleading  of  Government,  is,  6 :  171 

Forgery,  for,  where  instrument  destroyed  or  withheld,  6 :  202 
Formal  defects  or  imperfections,  immateriality,  6:  162,  IS!) 
Form  of,  6 :  182 
Investigation  of  offense  by  district  attorney 

Conduct  of,  6:  173 

Ordering  discharge  of  defendant,  6 :  176 
Joint,  one  or  more  may  be  convlptod  or  pcquitted,  6;  197 

1134 


ItJDEX 

Information — Continued 

Judgment,  how  pleaded,  6:  196 

Judicial  notice,  matters  of,  need  not  be  stated,  6:  193 

Jurisdiction  of  court 

Discharge  of  defendant  for  lack  of,  6 :  388 

Objection  to,  how  and  when  taken,  6:  260 
Larceny,  for,  6:  204 
Libel,  for,  6 :  201 

Materiality  of  errors  or  departures  in  pleading,  6:  162,  189 
Name,  fictitious 

Insertion  of  true  name  when  discovered,  6 :  190 

Sufficiency  of,  6:  187 
New 

Acquittal  because  of  variance,  directing  on,  6 :  420 

Allowance  of  demurrer,  ordering  on,  6 :  256 

Arrest  of  judgment,  directing  on,  6 :  464 

Discharge  for  lack  of  jurisdiction  or  failure  to  charge  offense,  directing 
on,  6:  388 

Failure  to  authorize,  effect  of,  6 :  258 

Setting  aside  of  original,  ordering  on,  6 :  243-245 
Nuisance,  for,  3 :  2812,  2813 
Objections  to,  how  taken,  6:  260 
Obscene  books  or  papers,  for  selling,  6 :  205 
Offenses  prosecuted  by,  6:  172 
Perjury  or  subornation  of,  for,  6 :  203 
Person  injured,  allegation  as  to,  6:  192 
Presumptions  of  law  need  not  be  stated,  6 :  193 
Prior  convictions,  how  charged,  6 :  195 
Private  law,  pleading  of,  6 :  194 
Requisites  of,  in  general,  6 :  181 
Right  of  accused  to  be  informed,  1 :  1 
Setting  aside 

Effect  of  direction  that  new  information  be  filed,  6 :  244 

Ground  for,  6:  241 

Hearing  and  determination  of  motion,  6 :  243 

Motion  to  set  aside  on  arraignment,  6 :  232 

Order  no  bar  to  future  prosecution,  6 :  245 

Waiver  of  objection,  6 :  242 
Suflicieucy  of,  in  general,  6:  187 
Time  of  offense,  allegation  of,  6:  187,  191 
Time  to  file,  6 :  174,  791 

Use  of  words  employed  to  define  offense,  6 :  184 
Variance,  see  Variance 
Inheritance 

See  Succession 

General  rules  of  descent,  3:  633 
Injunction 

Answer,  allowance  of  injunction  after,  4:  344 

Court  or  judge  may  grant,  4:  341 

Defined,  4 :  341 

Denied  in  what  cases,  4:  342 

Disobedience  of,  as  contempt,  4  :  1163,  1171 ;  5  :  212 

Exception  to  sureties,  4 :  345 

Granted  in  what  cases,  3 :  2611,  2681 ;  4 :  342 

Hearing,  4:  343 

Justification  of  sureties,  4:  345 

Motion  to  vacate  or  modify,  4 :  346 

Notice,  where  granted  after  answer,  4 :  344 

Nuisance,  prevention  of,  3:  2684 

Penalty  or  forfeiture,  not  granted  to  enforce,  3 :  2684 

Preliminary  injunction,  4:  343 

Preventive  relief 

Granted  only  in  cases  specified,  3 :  2611 

How   given,   3:  2683 

Is  granted  by  injunction  provisional  or  final,  8 :  2741 

1135 


ItJDEX 

Injunction — Continued 

Provisional  or  final,  is,  3 :  2741 

lleview  by  Circuit  Court  of  Appeals  of  interlocutory  decrees,  7 :  61 ;  p.  982, 

sees.  225,  227 
Service  of  copy  of  complaint  or  affidavits,  4 :  343 
Temporary  restraining  order,  4 :  343 
Time  of  granting,  4:  343 
Undertaking  upon  granting,  4 :  345 
Vaciiting  or  modifying,  4 :  346 

Violation,  ordering  restitution  to  party  injured,  5 :  212 
Injuries 

See  Damages 

Are  either  to  the  person  or  property,  4 :  14 
Civil  action  arises  from,  4 :  12 
Death,  causing,  see  Wrongful  Death 
Kinds  of,  enumerated,  4 :  14 
Malicious,  see  Malicious  Mischief 
Negligence,  see  Negligence 
Obligation  to  abstain  from,  3 :  971 
Right  of  protection  from,  3 :  41 
To  person,  defined,  4 :  16 
To  property,  defined,  4 :  15 
Injuries  to  Canal  and  Railroad  Employees 

Alien  employees,  removal  or  modification  of  minimum  limit  on  compensa- 
tion, 2  :  123  ;  p.  886,  sec.  793 
Application  of  act  to  Canal  and  Railroad  employees,  2 :  121 ;  p.  885,  sec. 

790 
Assignment   of   share   of   moneys   received   in    satisfaction    of   Railroad's 

liability,  2 :  122 ;  p.  886,  sec.  791 
Compensation,  payment  of,  2 :  123 ;  p.  886,  sec.  793 
Complete  text  of  act,  p.  876,  sees.  751-793 

Disability  retirement  and  injury  compensation  not  paid  concurrently,  2 :  94 
Employee  defined,  2 :  121 ;  p.  884,  sec.  790 

Expenses  of  medical  examinations,  payment,  2 :  123 ;  p.  886,  sec.  793 
Liability  of  railroad  for  injuries  to  employees,  p.  989,  sees.  52-59 
Loss  of  wages  to  employees,  payment,  2 :  123 ;  p.  886,  sec.  793 
Medical,  surgical,  and  hospital  services  and  supplies,  payment  of,  2 :  123 ; 

p.  886,  sec.  793 
Modifications  of  act  in  respect  to  Canal  and  Railroad  emplovees,  2 :  123 ; 

p.  886,  sec.  793 
Release    of   rights    against   Panama    Railroad    Company,    2 :  122 ;    p.    886, 

sec.  791 
Temporary  disability,  waiver  of  making  of  claim,  2 :  123 ;  p.  886,  sec.  793 
Text  of  entire  act,  p.  876,  sees.  751-793 

Transfer  of  administration  of  act  to  Governor,  2 :  123 ;  p.  886,  sec.  793 
Transportation  and  burial  expenses,  payment  of,  2 :  123 :  p.  886,   sec.  793 
Traveling  and  other  expenses  of  employees,  payment,  2 :  123 ;  p.  886,  sec. 

793 
Innkeepers 

Defrauding,  punishment,  5  :  701 
Failure  to  register  guests,  punishment,  5 :  609 
Lien  on  baggage,  3 :  1201 
Refusal  to  receive  guests,  punishment,  5 :  375 
Sale  of  baggage  to  enforce  lien,  3 :  1201 
Sale  of  unclaimed  baggage,  3 :  1202 
Innocence 

Presumption  of,  4  :  2007  ;  6 :  363 
Insane  Persons 

See  CoROZAL  Hospital;  Guardian  and  Ward 
Adjudication  of  incapacity,  4 :  1741 
Admission  to  Corozal  Hospital,  4 :  1752 
Annulment  of  marriage,  institution  of  suit,  3:56 
Appearance  by  guardian 
In  general,  4  :  127 
In  magistrate's  court,  4 :  695 
In  probate  proceedings,  4 :  1694 

1136 


INDEX 

Insane  Persons — Continued 

Coniniitnient  to  asyluiu  after  finclinj,'  of  insanity,  G:814,  815 
Contest  of  probate,  limitation  of  actions,  4 :  1257 
Contestinj,'  rejwrt  on  sanity,  4 :  175G 
Contracts,  capacity  to  make,  3 :  30-32,  811,  812 
Corozal  Hospital,  see  Cokozal  Hospital 
Criminal  responsibility,  see  separate  subhead,  Infra 
Cruelty  to,  punishment,  5:374 

Discliarge  from  continonient,  proceedings  for,  4 :  1758    1759 
Distributee    of   estate,    procedure    where    incompetent    without    guardian 
4 :  Ibol  ' 

Employees  of  Canal  or  Railroad,  payment  of  compensation  due  to   4  •  1705 

J^xemplary  damages  against  insane  person,  3:33  '     ' 

Guardians  for,  see  Guardian  Ad  Litum  ;  Guardian  and  Ward 

Hearing  on  petition  for  confinement,  4 :  1754 

Incompetent  and  incapable,  defined,  4:1746 

Jail,  not  to  be  kept  in,  4 :  1751 

Keeping  at  Corozal  or  other  suitable  place,  4 :  1751 

Marriage  voidable,  3  :  54 

Necessaries,  liability  for,  3 :  30,  982 

Neglect  of,  punishment,  5  :  374 

Opinion  evidence  as  to  sanity,  4:1888 

Ordering  admission  to  Corozal  Hospital  for  observation    4  •  1755 

Petition  for  confinement  of,  4 :  1753 

Powers  of,  after  incapacity  adjudged,  3 :  32 

Prisoner  becoming  insane,  commitment  to  Corozal  Hospital    4  •  1760 

Report  ,      .      v-vf 

Admission  to  Corozal   Hospital   for  observation,   of,  4 :  1752 

Sanity  of  person  confined  for  observation,  on,  4  •  1755 
Rescission  of  contracts  of,  3 :  31 
Restoration  to  capacity,  proceedings  for,  4 :  1745 
Service  of  summons  on,  4 :  166 
Temporary  release  from  Corozal  Hospital,  4  •  1757 
Torts  of,  liability,  3:33 

Transfer  of  patients  to  St.  Elizabeths  Hospital,  4 :  1763 
Witnesses,  as 

Incompetency,  4 :  1903 

Subsequent  incompetency  of  witnesses  to  will,  effect,  3 :  529 

criminal  responsibility 

Capacity  to  commit  crime,  5 :  57 

Detention  in  asylum  until  sane,  6 :  816 

Determination  of  question  of  sanity,  6 :  524,  525,  812-814 

Finding  of  insanity  and  proceedings  thereon,  6 :'  527   814-816 

Inquiry  into  sanity 

After  judgment  of  death,  6 :  524-527 

Before  trial  or  after  conviction,  6 :  811-816 
Judgment 

Death,  of,  inquiry  into  sanity  after,  6 :  524-527 

Execution  of  judgment  of  death  after  sanity  restored,  6 :  527 

Insanity  of  defendant  as  cause  against,  6 :  811 

Rendition  after  sanity  restored,  6:  816 

Suspension  to  determine  sanity,  6:  812 
Sentence  or  punishment  while  insane,  forbidden,  6:  811 
Sound  mind,  who  are  persons  of,  6:  374 
Trial  of 

After  reason  regained,   6:  816 

Suspension  to  determine  sanity,  6:  812 

While   insane,   forbidden,   6:  811 
Insolvency 

See  Assignments  fob  Creditors  ;  Fraudulent  T'ransfers 
Bank,  of,  receiving  deposits,  5:  756 


1137 


INDEX 

Inspection  of  Vessels 

Board  of  local   Inspectors 

Administration  of  oaths  by,  2:  41 

Process  to  compel  attendance  and  production  of  papers  before,  2 :  4."'> 

Production  of  papers  autliority  to  require,  2:  42 

Summoning  of  witnesses  by,  2:  42 
Certificate  of  inspection 

Failure  to  have  or  display,  2:  156 

Issuance  and   display,   2 :  154 

Refusal  of,  2:  155 

Revocation  for  changes  in  condition  of  vessel,  2:  157 
Certification  of  small  vessels,  158,  160 

Changes  in  condition  of  vessel,  revocation  of  certificate,  2 :  157 
Display 

Certificate,  of.  2:  154,  156 

Numbers,  of,  by  small  vessels,  2 :  158,  159 
Failure  to  have  or  display  certificate,  2:  156 
Fines,  2:  156-160 
Fire-fighting   apparatus   on    small    vessels   carrying   passengers    for    hire, 

2:  160 
Foreign  vessels,  inspection  of,  2 :  152 
Issuance  of  certificate,  2 :  154 

Licensing  of  operators  of  small  vessels  propelled  by   machinery,   2 :  158 
Life  preservers  on  small  vessels  carrying  passengers  for  hire,  2 :  160 
Notice  of  revocation  of  certificate,  2:  157 
Numbering  of  small  vessels,  2 :  158,  159 
Passengers 

Inspection  and  certification  of  small  vessels  carrying  for  hire,  2 :  160 

Receiving  on  vessel  in  excess  of  number  authorized,  2 :  156 

Receiving  on  vessel  not  having  certificate,  2 :  156 
Refusal  of  certificate,  2 :  155 
Registration  of  small  vessels,  2:  158,  159 
Regulations  governing  2  :  153 
Revocation  of  certificate  of  Inspection,  2 :  157 
Small  vessels,  of,  2:  158-160 

Statement  of  reason  for  failure  to  approve  vessel,  2:  155 
Vessels  subject  to  inspection  in  general,  2:  151 
Inspection  of  Writings  t 

Order  for,  4:  921  j 

Party  making,  need  not  put  in  evidence,  4 :  1971  I 

Produced  by  witness  to  refresh  his  memory,  4:  2116  \ 

Refusal  of  inspection,  its  effect.  4 :  244,  921  > 

When  may  be  demanded,  4 :  921  \ 

Where  copy  annexed  to  pleadings,  4 :  244 
Writing  shown  witness,  adverse  party  may  inspect,  4 :  2123 
Written  instrument,  in  suit  thereon  in  magistrate's  court  4 :  786 
Instructions 

Bill  of  exceptions,  insertion  in,  6 :  442 
Error  disregarded  unless  substantial,  4:  277 
Evidence,  weight  and  effect  of,  4:  2131 
Further,  after  jury  retires,  4:  468 
General  nature  and  requisites  of,  4 :  462 
Preponderance  of  evidence,  as  to,  4 :  2131 
Reasonable  doubt,  as  to,  4  :  2131 
Special,  duty  of  court  respecting,  4:  463 
Weight  and  character  of  evidence,  as  to,  4:  2131 
Written  statement  of  points  of  law,  4 :  462 
Instruments 

Contracts,  see  Contracts 

In  general,  see  Written  Instruments  » 

Negotiable,  see  Negotiable  Instruments 
Nonnegotiable,  see  Nonnegotiable  Instruments 
Insult 

Right   of  protection   from,   3 :  41 

1138 


Insurance 

Accident  insurance,  notice  of  injury,  3:  1992 

Agent,  by,  form  of  policy,  3:  1934 

Change  of  interest  iu  tiling  Insured,  effect  of,  3:  1888-1891 

Concealment 

Defined,  3:  1901 

Entitles  party  to  rescission,  3 :  1902,  1909 

Facts  which  must  be  disclosed,  3 :  1903 

Facts  which  need  not  be  disclosed,  3 :  1904,  1908,  1910 

Fraudulent  omission  to  communicate  facts,  3 :  1909 

Information   as   to   interest   of   assured,   necessity    of   communicating, 
3:  1908 

Materiality  of  facts,  test  of,  3 :  1905 

Matters  of  opinion  need  not  be  communicated,  3 :  1910 

Matters  which  each  is  bound  to  know,  3 :  1906 

Provisions  as  to,  apply  to  modification  of  contract,  3 :  1922 

Waiver  of  right  to  information,  3 :  1907 
Corporations,  see  Foreign  Coepobations 
Defined,  3:  1851 
Double  insurance,  3 :  2001,  2002 
Events  which  may  be  insured  against,  3 :  1861 
Exemption  from  liability,  how  pleaded  in  answer,  4:  222 
Exemption  of  moneys  arising  from  life  insurance,  4 :  590 
Fire  insurance 

Acts  increasing  risk  but  not  violating  policy,  3 :  2023 

Alteration  increasing  risk,  3 :  2021 

Alteration  not  increasing  risk,  3 :  2022 

Double  insurance,  contribution  in  case  of,  3 :  2002 

Fixing  value  of  insured's  interest,  3 :  2025 

Indemnity,  measure  of,  3 :  2024 

Notice  of  loss,  3:  1991 

Panama  Railroad  Company  not  to  carry,  2 :  222 

Valuation,  effect  of,  3:  2024 
Fraudulent  injury  to  or  destruction  of  insured  property,  5 :  705 
Health 

Insurable  interest  in,  who  has,  3 :  2032 

Measure  of  indemnity  is  sum  fixed,  3 :  2035 

Passage  of  policy  by  transfer,  will  or  succession,  3 :  2033 
Indemnity  insurance,  see  Indemnity 
Insurable  interest 

Carrier  or  depositary  has,  3 :  1883 

Contingent  or  expectant  interest,  3 :  1882,  1884 

Defined,  3:  1881 

In  life  and  health,  who  has,  3 :  2032 

Insurance  without,  void,  3 :  1886 

May  consist  in  what,  3 :  1882 

Measure  of,  3 :  1885 

Stipulation  for  payment  irrespective  of,  void,  3 :  1892 

When  must  exist,  3 :  1887 
Joinder  of  separate  insurers  in  action,  4 :  139 
Life  insurance 

Insurable  interest,  who  has,  3 :  2032 

Measure  of  indemnity  is  sum  fixed,  3 :  2035 

Passage  of  policy  by  transfer,  will  or  succession,  3 :  2033,  2034 

Payment  of  proceeds  of  policy,  3 :  2037 

Restraining    beneficiary    from    disposing    of    installment    before    due, 
3:  2036 

When  may  be  made  payable,  3 :  2031 
Loss 

Agreement  before  loss  not  to  transfer  claim  is  void,  3 :  1944 

Certificate  of,  when  dispensed  with,  3 :  1996 

Contribution  in  case  of  double  fire  insurance,  3 :  2002 

Excepted  perils,  3  :  1983 

Incurred  in  rescue  from  peril  insured  against,  3 :  1982 

Interest  covered  by  policy,  3:  1933 

1139 


INDEX 

Insurance — Continued 
Loss — Continued 

Negligent  or  willful  act  of  insured,  3 :  1984 

Notice  of,  3:  1991-1996 

Preliminary  proofs,  3:  1993-1996 

Remote  and  proximate  cause,  3 :  1981 
Lottery  or  lottery  prize,  not  insurable,  3 :  1862 
Marine,  Panama  Railroad  Company  not  to  carry,  2 :  222 
ISlortgaged  property,  insurance  on,  3 :  1874,  1875 
Overinsurance,  return  of  premium,  3 :  1974-1970 
Parties  to 

Designation  of,  3 :  1871 

Successive  owners,  policy  may  be  so  framed  as  to  inure  to,  3 :  1937 

Who  may  be  insured,  3 :  1873 

Who  may  insure,  3:  1872 

Whose  interest  is  covered  by  policy,  3 :  1933 
Part  owner,  by,  3:  1935 
Partner,  by,  3:  1935 
Policy 

Assignment  to  mortgagee,  3 :  1874,  1875 

Defined,  3:  1931 

Description  of  insured  in  general  terms,  3 :  1936,  1937 

Form  of 

On  insurance  by  agent,  3 :  1934 

On  insurance  by  part  owner  or  copartner,  3 :  1935 

May  provide  for  avoidance,  3 :  1959 

Open,  defined,  3 :  1939,  1940 

Running,  defined,  3:  1942 

Transfer  of  thing  insured,  effect  of,  3 :  1938 

"Valued 

Defined,  3:  1939,  1941 

Rights  and  liabilities  under,  3:  2025 

What  must  be  stated  in.  3 :  1932 

Whose  interest  covered  by,  3:  1933 
Premium 

Acknowledging  receipt  of  in  policy,  3 :  1943 

Return  of,  3:  1971-1976 
Proof  of  loss,  3 :  1993-1996 
Reinsurance 

Defined,  3:  2011 

Disclosures   required,   3 :  2012 

Original  insured  has  no  interest  in,  3 :  2014 

Presumed  to  be  against  liability,  3 :  2013 
Representations 

Alteration  or  withdrawal  of,  3 :  1916 

As  to  future,  effect  of,  3:  1914 

As   to    information    one   has   without   personal    knowledge,    effect   of, 
3:  1918 

Effect  of,  3:  1915 

False,  when  deemed  to  be,  3 :  1919 

Falsity,  effect  of,  3:  1920 

Interpretation,  rules  for,  3:  1913 

Materiality  of,  how  determined,  3 :  1921 

May  be  at  time  of  issuing  policy  or  before,  3 :  1912 

Oral  or  written,  may  be,  3 :  1911 

Provisions  as  to.  apply  to  modification  of  contract,  3 :  1922 

Refer  to  what  time,  3 :  1917 
Rescission 

Alteration  increasing  risk,  for,  3 :  2021 

Concealment,  for,  3:  1902,  1909 

False  representations,  for,  3 :  1920 

Policy  may  provide  for,  on  violation,  3:  1959 

Time  for  exorcising  right  of,  3:  1923 

Violation  of  material  provision,  for,  3:  1958,  1959 
Successive  insurances,  policies  contemplating,  3 :  1942 

1140 


INDEX 

Insurance — Contiuued 

Successive  owners,  policy  may  be  drawn  to  iuure  to,  3:  1937 
Transfer  claim,  contract  before  loss  not  to,  is  void,  3:  1944 
Transfer  of  thing  insured,  effect  of,  3 :  1888-1891,  1938 
Validity 

Agreement  before  loss  not  to  transfer  claim,  is  void,  3:  1944 
Gaming  or  wagering  policy  void,  3 :  1892 
Insurable  interest,  insurance  without,  void,  3:  1886 
Stipulation  for  payment  irrespective  of  interest  void,  3:  1892 
Warranties 

Are  express  or  implied,  3:  1951 
Breach  without  fraud,  effect,  3 :  19G0 
Express 

Must  be  in  policy,  3 :  1953 
What  statements  are,  3:  1955,   1956 
Form  of,  no  particular  words  necesary,  3:  1952 
May  relate  to  past,  present,  or  future,  3 :  1954 
Performance  excused  when,  3:  1957 
Representation  may  qualify  implied  warranty,  3:  1915 
Violation  of,  entitles  one  to  rescind,  3 :  1958 
What  statements  amount  to,  3 :  1955,  1956 
Insurance  Companies 

See  Foreign  Coepobations 
Intent 

Accident  or  mistalje  as  disproving  criminal  intent,  5  •  57 
Injuring  person  other  than  one  intended,  5 :  57 
Malicious  and  guilty,  presumption  of,  from  unlawful  act  4  •  2006 
Manifestations  and  presumptions  as  to,  6:  374 

Respecting  ordinary  consequences  of  act,  presumption  of    4-  2007 
Unconsciously  committing  crime,  effect  of,  5 :  57 
Union  of  act  and  intent  necessary,  5 :  22 
Unlawful,  presumption  from  unlawful  act,  4  •  2007 
Interest 

Annual,  rate  deemed  to  be,  3:  1265 

Bequest  of,  when  accrues,  3 :  618.  621 

Contract  to  pay  liquidated  sum,  interest  in  case  of.  3-  2653 

Damages 

As  element  of,  3:  2631,  2632 

Those  prescribed  are  exclusive  of  interest.  3:  2673 
Defined,  3:  1264 

Deposit  money  orders,  on,  2:  274 
Evidence  of  usury,  3:  1269 
In  action  ex  delicto,  3:  2632 
Judgment,  on,  4:  583 
Legacies,  on,  3:  621,  622 
Presumed  on  loan,  3:  1263 
Rate 

After  breach,  3:  2633 
Deemed  to  be  annual,  3:  1265 
What  is  maximum  allowable,  3:  1266 
Recovery  of  usurious  interest  paid,  3 :  1268 
Usurious  contracts,  principal  only,  recoverable,  3:  1267 
Waiver  of,  by  accepting  principal,  3:  2684 
Interests  in  Property 

See  Peopekty 
Interment 

See  Cemeteries 
Interpleader 

When  and  how  maintained,  4:  142 
Interpretation 

See  Construction  ;  Contracts  ;  Grants  ;  Statutes 
Interpreter 

Proof  of  instruments,  officer  taking  may  employ,  3 :  507 
Summoning  of,  and  service  by,  generally,  4 :  1906 
Interrogatories 

See  Despositions 

1141 


n^DEX 

Intervention 

District  attorney,  by,  in  respect  to  escheat  of  property,  4 :  1182 

Fee  on  filing  petition  of,  4:  982 

Security  for  costs  by  intei-^'enor,  4 :  1025 

When  and  how  effected,  4 :  143 
Intestacy 

Succession  in  case  of,  3 :  631-654 ;  see  Succession 

AVill  interpreted  to  avoid,  if  possible,  3 :  580 
Intoxicating  Liquors 

Administering  to  commit  felony,  5 :  313 

Mailing  of,  p.  924,  sec.  340 

Shipment  of,  offenses  respecting,  p.  933,  sees,  388-390;  p.  981,  sec.  122 

Transit  through  Canal  Zone,  p.  862 
Intoxication 

As  defense  to  crime,  5 :  58 

Driving  motor  vehicle  while  Intoxicated,  punishment,  5 :  512,  513 

Habitual,  as  cause  for  divorce,  3 :  71,  83 

In  public  place,  punishment,  5 :  603 

Intent,  consideration  in  determining,  5:  58 

Physician,  punislnnent  of  acts  endangering  life,  5 :  372 
Inventions 

Property  in,  3:  381-386 
Inventory 

See  AssiGNMKKTs  FOR  CKEa)iT0BS ;  Estates  of  Decedents  ;  Guabdian  and 
Ward 

Legatee  for  life,  inventory  by,  and  what  to  contain,  3 :  617 

Wife's  separate  property,  of,  3 :  141,  142 
Issues 

Are  of  law  or  fact,  4 :  431 

Arise  when,  4 :  431 

Bringing  to  trial,  4:  437 

Fact,  of 

Arise,  in  criminal  actions,  on  pleas,  6 :  301 
How  raised  in  civil  actions,  4:  433 
How  tried,  4:  435;  6:  302 

Law,  of 

How  tried,  4:  434 

Proceedings  after  determination  of,  4 :  504 

Raised  by  demurrer,  4:  432 

Magistrate's  court,  in,  see  Magistrates'  Coxjrts 

Not  made  by  pleadings,  how  tried,  4 :  73 

Presumption  that  all  matters  within,  were  passed  upon,  4:  2007 

Probate  proceedings,  in,  how  tried,  4:  1690,  1691 
Jails 

See  Prisoners 

Carrying  into,  things  useful  in  escape,  5:  204 

Escape,  see  Escape 

Execution  of  judgments  for  imprisonment  in,  6 :  515 

Inhumanity  to  prisoner,  punishment,  5 :  177 

Injuring  or  destroying,  punishment,  5 :  841 

Prisoners,  see  Prisone:rs 

Rescue  of  prisoner,  punishment,  5 :  206 

Transfer  of  prisoners  from  one  penal  institution  to  another,  ©:  904 
Jeopardy 

See  Former  Jeopardy 
Joinder 

Parties,  of,  see  Parties 

What  actions  may  be  joined,  4:  204 
Joint  Commission  ^ 

Convention  of  1903  j 

Appraisal  and  settlement  of  claims,  p.  841,  art.  6  '^ 

Establishment  of  commission,  p.  845,  art.  15  ;, 

Convention  of  192G  * 

Establishment  of  commission,  p.  857,  art.  1  ! 

Organization  and  meetings,  p.  858,  art.  2  f 

1142 


INDEX 

Joint  Commission — Continued 

Convention  of  1926 — Continued 

Payment  of  couiuiissioners,  p.  860,  art.  9 
Proceedings  of  commission,  p.  S59,  arts.  3-6;  p.  861,  art.  1 
Joint  Debtors 

Declarations  of,  when  admissible,  4 :  1888 

Procedure  where  part  only  served,  4 :  167 

Proceedings  against  others  after  judgment  against  one  or  more,  4:  901-91)6 
Joint  Defendants 

See  Defexdant 
Joint  Stock  Companies 

Prospectus,  unauthorized  use  of  name  in,  5 :  754 

Regulation  of  foreign  joint  stock  companies,  8 :  229 
Joint  Tenants 

See  Tenants  in  Common 

Delivery  by  depositary  of  thing  owned  jointly,  3:  1106 

Husband  and  wife,  joint  tenancy  between,  3 :  137,  280 

Insurance  not  avoided  by  transfer  between,  3 :  1891 

Interests  are  in  common  unless  expressly  declared  joint,  3 :  279 

Joint  interests  defined,  3 :  276 

May  jointly  or  severally  sue  or  defend,  4 :  140 

Waste,  liability  for,  4 :  652 
Judges 

See  DiSTKicT  Judge  ;  Judicial  Officers  ;  Magistrates 

Affidavits,  may  take,  4:  2074-2076 

Bribe,  asking  or  receiving,  5 :  122 

Bribery  of,  5  :  121 

Contempt,  see  Contempt 

Depositions,   may  take,  4 :  33,  2101 

Disqualification,  grounds  for,   in   general,   4 :  28 

Incidental  powers  and  duties  of  courts,  4:  23 

Oaths  and  affirmations,  may  administer,  4 :  2171 

Partner  practicing  law,  not  to  have,  4:  29 

Presumption  that  judge  acts  within  jurisdiction,  4:  2007 

Questions  of  law  addressed  to,  4 :  2182 

Witnesses,  as,  4:  1905 
Judgment 

See  Execution  ;  Judgment  Roll 

Action  on,  how  pleaded,  4 :  255 

Adjudged,  what  deemed  to  have  been,  4 :  1937 

Administrator  or  executor,  against,  effect  of,  4:  1485 

Affirmative  relief  to  defendant,  4 :  543 

Against  one  or  more  of  defendants,  4:  134 

Against  one  party,  action  proceeding  as  to  others,  4 :  413 

Against  person  indemnified,  wlien  conclusive  against  indemnitor,  4 :  961 

Agreed  case,  on.  4:  1112.  11 13 

Annulling  marriage,  conclusiveness,  3 :  59 

Appeal  from,  see  Appeal 

Appeal,  on 

Rendition  by  Circuit  Court  of  Appeals,  7 :  61 
Rendition  on  appeal  to  district  court,  4:  888 

Assoc-iates  in  business,  against,  effect  of,  4:  144 

Attachment,  in,  how  satisfied,  4 :  365 

Attorney's   authority   to   acknowledge   satisfaction    of,   4 :  48 

Causes  submitted  without  action,  in,  4 :  1112,  1113 

Claim  and  delivery,  in,  4:  544 

Compromise,  offer  to  allow  judgment  for  certain  sum,   see  Compkomtse 

Conclusiveness  of,  see  Res  Adjudicata 

Confession  of  judgment,  see  Confession  of  .Judgment 

Contribution  among  debtors,  4:  610 

Counterclaim,  judgment  where  affirmative  relief  demanded,  4 :  543 

Criminal  actions,  in,  see  sepai'ate  subhead,  infra 

Decedent,  against 

Filing  like   other  claims,  4:  1486 
Order  of  payment,  4 :  1591 

1143 


INDEX 

Judgment — Continued 

Decedent's  estate,  against,  effect  of,  4:  1485 

Decision  on  trial  by  court,  4 :  501,  502 

Default,  see  Default 

Deficiency  judgment  on  foreclosure,  4 :  641 

Defined,  4:411 

Demurrer,  on,  proceedings  after,  4 :  504 

Determination  of  ultimate  rights  of  parties  on  one  side,  4 :  412 

Dismissal,  see  Dismissal 

Divorce,  decrees  in  actions  for,  see  Divorce 

Docketing,  4:548 

Dormant,  execution  on,  4 :  586 

Enforcing,  manner  of,  4 :  585 

Entry  of 

In  general,  4 :  541,  545,  548 

Judgment  rendered  on  special  verdict,  4 :  485 

Judgment   upon   decision,   4 :  502 
Evidence,  as,  4:2006 
Execution,  see  Execution 
Expires  wlien,  4  :  581,  586 
Foreign 

Admiralty  court,  of,  effect  of,  4 :  1940 

Conclusiveness  of,  general  rule,  4 :  1939,  1941 

Effect  of,  4 :  1941 

How  enforced,  4 :  1939 

Justice's  judgment  of  a  State,  how  proved,  4 :  1947,  1948 

Proof  of,  4  :  1931-1938 
Former,  pleading  and  proof,  4 :  2006 
Impeachment  of  judicial  record,  grounds  for,  4 :  1942 
Interest  on,  4 :  583 

Joint  debtors,  proceedings  against,  after  judgment,  4 :  901-906 
Judgment  roll,  see  Judgment  Roll 
Judicial  records,  see  Judicial  Records 
Jurisdiction  sufficient  to  sustain,  4 :  1943 
Limitation  of  action  on,  4 :  83 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Merits,  to  be  on,  except  when,  4 :  417 
Modification  on  appeal  to  Circuit  Court  of  Appeals,  7 :  61 
New  trial,  see  New  Trial 
Nonsuit,  4  :  415 ;  see  Nonsuit 

Oflicer,  against,  when  conclusive  against  indemnitor,  4 :  961 
Particular  proceedings,  in,  see  particular  subject 

Parties  on  one  side,  determination  of  ultimate  rights  between,  4 :  412 
Payable  in  specified  kind  of  money,  4 :  544 
Permanent  support  of  wife,  in  action  for,  enforcement,  3 :  116 
Pleading,  4  :  255,  2006 

Presumption  that  judgment  correctly  determines  rights,  4 :  2007 
Probate  proceedings,  in,  4 :  1681,  1690 
Proceedings  after 

Against  joint  debtor  not  summoned  in  original  action,  4 :  901-906 

On  issue  of  law,  4 :  504 
Proof  of  judicial  records,  4 :  1931-1933 

Proving  instrument  for  record,  action  for  and  effect,  3 :  509,  510 
Record,  judicial,  see  Judicial  Rpxords 
Referee's  finding,  on,  4 :  516 
Relief  from,  4 :  275 

Relief  that  can  be  awarded  plaintiff,  4 :  414 
Rendition  after  death  of  party,  4:546 
Replevin,  in  action  of,  4 :  544 
Res  adjudicata,  see  Res  Ad.tudicata 
Reviving  after  five  years,  4 :  586 
Satisfaction  of 

Attorney  may  acknowledge,  4  :  48 

How  made  and  entered,  4:550 

Who  may  take  acknowlodgmoiit  of,  4 :  33 

1144 


INDEX 

Judgment— Continued 

Time  for  entry,  4 :  noi,  541.  54S 

Vacation  of.  4  :  27r».  nSG,  537 

Verdict,  renderin.ii-  judgment  notwitlistandins  verdict,  4 :  48G 

What  deemed  to  liavo  been  adjudged,  4:1937 

IN    CRIMINAL   ACTIONS 

See  ExKcx'TioN  ;  Imprisonment;  Punishment;   Skntencr 

Arraignment  of  defendant  for,  6:492 

Arre>^t  of.  0;401-4(>4:  see  Arrest  of  Judgment 

Bentii  warrant,  where  defendant  does  not  appear  for,  6:488-491 

Costs  for  receiving  and  entering,  6:392 

Defendant 

How  hrouglit  in  for.  6 :  487.  488 

Presence  of,  necessity,  6:4S6 
Degree  of  crime,  determination  on  plea  of  guilty,  6 :  485 
Demurrer,  on.  6 :  255 
Determination  of  punishment 

Duty  of  court,  6 :  482 

Hearing  circumstances  in  aggravation  or  mitigation  of,  6:494,  495 

Mitigation  when  act  already  ininished  as  contempt,  6:496 

Wliere  nn'nimum  only  is  prescribed,  6:484 

AVhere  undetermined  between  limits,  6 :  483 
Entry    of 

Generally,  G:  499 

On  informal  verdict,  6:  417 
Execution  of,  see  Execution 
Fine,  for,  may  direct  imprisonment.  6 :  497 
Hard  labor,  including  provision  for  in  case  of  felon.v,  6:  498 
Insanity  of  defendant  as  cause  against,  6:  811;  see  Insane  Persons 
Magistrate's  court,  in.  see  Magistrates'  Courts 
Pleaded,  how,  6  :  196 

Presence  of  defendant,  necessity  of,  6:  486 
Probation,  6 :  500,  501  ;  see  Probation 
Pronouncement  in  absence  of  cause  to  contrary,  6:  493 
Punishment,  see  Punishment 
Special  verdict,  on,  how  given,  6 ;  410 
Suspension  nf  execution  of  judgment  of  death,  6:  523 
Time  for  pronouncing.  6 :  481 
Judgment  by  Confession 

See  Confe;ssion  of  Judgment 
Judgment  by  Default 

See  Default 
Judgment  Roll 

In  cause  submitted  without  action,  4 :  1112 
Preparation  and  filing  of,  4 :  547 
Return  of  marshal  must  be  attached  to,  4 :  584 
What  constitutes 

Generally,  4:  547 

On   certiorari,   4 :  1041 

On  confession  of  judgment,  4: 1103 
Judicial  Notice 

Court  to  declare  knowledge  to  jury,  4:  2182 
Information  need  not  state  matters  of,  6:  193 
Taken  of  what  facts,  in  general,  4 :  1891 
Judicial  Officers 

See  District  Judge  ;  Judges  ;  Magistrates  ;  Officers 
Asking  or  receiving  fees  *if  stenographer  or  reporter,  5 :  124 
Bribe,  asking  or  receiving,  5 :122 
Bribery  of,  5:  121 
Contempt 

:\Iay  punish  for,  4 :  32 

Misbehavior  of  judicial  officer  as,  5:  212 
Emolument  or  reward,  asking  or  receiving,  5 :  123 
Lien  of  officer  levying  attachment  or  execution,  3:  2316 

9308.1—34 73  1145 


INDEX 

Judicial  Officers — Continiied 

Misbc'Imvior  as  conteuipt,  4:  1163;  5:  212 
Powers  of,  as  to  conduct  of  proceedings,  4 :  31 
Stenographer  or  reporter  paying  fees  for  appointment,  T) :  125 
Judicial  Records 

Defined,  4:  1930 

Foreign  admiralty  court,  effect  of,  4;  1940 
Foreign  judgment,  its  effect,  4:  1941 
Impeachment  of,  grounds,  4 :  1942 
Jurisdiction  required  to  sustain,  4 :  1943 
Justice's  judgment  in  a  State,  how  proved,  4:  1947,  1948 
Presumption  of  correctness,  4 :  2007 
Proof  of,  4:1931-1933 
State,  of,  effect,  4:  1939 
Judicial  Sale 

See  Execution 
Jurisdiction 

See  DisiRiCT  Court;  Magistrates'  Courts 

Acquired  at  what  stage  of  proceedings,  4 :  171 

Aliens,  actions  between,  4 :  121 

Circuit   Court   of  Appeals,   appellate  jurisdiction,   7 :  Gl ;    p.   982,   sec.   22;" 

Criminal 

Discharge  of  defendant  when  court  without,  G  :  388 

Objection  to,  how  and  when  taken,  6 :  260 
Judgment 

Impeachment  for  want  of,  4 :  1942 

What  necessary  to  sustain,  4:  1943 
Nonresidents,  actions  between,  4  :  121 
Objection  of  want  of,  cannot  be  waived,  4 :  215 
Particular  proceedings,  in,  see  particular  subject 
PlMce  of  trial,  see  Place  of  Trial 
Presumption  in  favor  of,  4 :  2007 
Sufficiency  of,  to  sustain  judgment,  4:  1943 
Venue,  see  Place  of  Trial 
What  constitutes,  4:  1943 
Jurors 

See  Jury 

Bribe,  asking  or  receiving,  5 :  122 

Bribery  of,  5:  121 

Challenge 

Defined,  6:  331 

Kinds  of,  4 :  451 ;  6 :  331,  343 

To  individual  jurors,  4:  451-453;  6:  332,  342-357 

To  panel,  6:  333-341 
Fee 

Accompanying  demand  for  jury  trial,  4 :  983 

Allowed  to  jurors,  7 :  35 
Illness  of  juror,  proceedings  on,  4:  4G9 

Improper  agreement  or  receipt  of  information  by,  punishment,  5 :  127 
Inlluencing  juror  corruptly,  punishment,  5:  12G 
Misconduct  of 

New  trial  for,  4:  532 

Punishment,  5 :  127 
Number  of 

All  must  concur  in  criminal  verdict,  G :  401 

Three-lourths  can  render  civil  verdict,  3  :  4G7.  472 

Twelve  jurors  in  criminal  action,  6:  303 
Oath  of,  4:  454 
Selection 

Judge  to  provide  for,  7 :  34 

Offenses  respecting,  5 :  1.34.  135 
Snnuuoning  and  serving  of,  judge  to  provide  for,  7:  34 
Witnesses,  as,  4:  1905 


1148 


INDEX 

Jury 

See  Jurors 

AdJourmneiU  of  court  while  jury  out,  4:  471. 

Admonition  on  separation,  4 :  465 

Box.  offenses  respecting  jury  box,  5:  134,  135 

Challenge,  see  Jurors 

Deliberation 

All  must  concur  in  criminal  verdict,  G:  401 

How  conducted,  4 :  467 

Taking  papers  with  tbem,  4:  466 

Three-fourths  can  render  civil  verdict,  3 :  467,  472 
Disagreement,  rendering  verdict  as  to  some  of  defendants,  6 :  415 
Discharge  before  verdict,  retrial  of  cause,  4 :  470 
Evidence 

Addressed  to  jury,  is,  4 :  2181 

Jury  are  judges  of  effect  of,  4 :  2131 

Rules  governing  jury  in  weighing.  4 :  2131 
Fee  accompanying  demand  for  jury,  4:  983 
Formation  of,  4:  451-454;  6:  331-357 
Illness  of  juror,  proceedings  on,  4 :  469 
Instructions,  see  Instructions 

Judicial  notice,  jury  bound  by  court's  declaration  of,  4 :  2182 
List,  offenses  respecting  jury  list,  5 :  134,  135 
Misconduct  of,  see  Jurors 
IMust  find  amount  of  recovery  when,  4 :  483 
Panel  defined,  6:  333 
Polling  of,  4  :  472  ;  6  :  418 

Presumption  that  all  matters  within  issues  were  passed  upon  by,  4 :  2007 
Questions  of  fact  to  be  decided  by,  4:  2181 
Separation,  4:  465,  467 
Trial  by 

In  general,  see  Trial 

Request  for 

Deix)sit  must  accompany,  4 :  983 
Making  of,  4  :  442 

Right  to,  4 :  441 ;  6 :  302  ;  7 :  33 
Verdict 

All  jurors  must  concur  in  criminal  verdict,  6 :  401 

In  general,  see  Verdict 

Three-fourths  can  render  civil  verdict,  4 :  467,  472 
View  of  premises  by,  4 :  464  ;  6  :  389 
AVitnesses,  credibility  of,  jury  are  judges  of,  4 :  1864 
Justice 

Conspiracy  to  obstnict,  5 :  81 
Crimes  against  public  justice,  5 :  121-234 
Justification 

Bail,  of,  see  Bail 

Sureties,  of,  generally,  see  Suretyship 
Kidnaping 

See  Abduction 

Bringing  in  person  kidnaped  in  another  country,  p.  038,  sec.  446 
Child,  taking  or  enticing  from  parent  or  guardian,  5:  283 
Defined,  5:  281 
Punishment  of,  5:  282 
Kindred 

See  Consanguinity  ;  Succession 
Collateral  line,  3:  640 
Do^rGGS  of 

"how  computed,  3:  636-640 

How  established,  3:  636 
Direct  line,  3:  638,  639 

Half  blood,  inheritance  by  kindred  of,  3 :  641 
Knowingly 

Meaning  of,  5 :  5 


1147 


INDEX 

Labels 

Sie  Tisade-Marks 

Druijs  or  medicines,  offenses  respecting  labeling,  5 :  541 
Laches 

See  Limitation  of  Actions 

Dismistitil  of  action  for  want  of  prosecution,  see  Dismissal 
Land 

See  Public  Lands  ;   Real  Property 
Detined,  3:  2oG 
Landlord  and  Tenant 
See  IjEases 

Assigning  or  subletting,  effect  of.  4 :  114o 
Enil)ezzlement,  tenant,  wben  guilty  of,  5 :  G65 
Estoppel  of  tenant  to  deny  title  of  landlord,  4 :  2006 

Forcible  entry,  4 :  1141 ;  see  Forcible  P^ntky  and  Unlawful  Detainer 
Forfeiture  of  lease 

Grounds  for,  4:  1143 

I'roceedings  for  relief  against.  4 :  115S 
Holding  over,  4:  1143 
Leases,  see  Leases 
Notice  to  tenant,  4:  1143,  1144 
Rent,  presumption  respecting  payment,  4:  2007 

Unlawful  detainer,  4 :  1143 ;  see  Forcible  Entry  and  Unlawfut:-  Detainer 
Landmarks 

Defacing  or  removing,   punishment,   5:  832 
Lapse  of  Time 

See  Limitation  of  Actions 
Larceny 

Definition,  5 :  771 

Degrees  of.  5 :  772 

Evidence  to  prove,  what  sufficient,  6 :  381 

Fire,  neglect  to  notify  owner  of  goods  saved  frijm,  5 :  781 

Fixtures,  of.  5 :  778 

Gas  or  electricity,  stealing  of,  •'5:  782 

Grand 

Assault  to  commit,  punishment,  5 :  311 

Definition    and   punishment.   5:  773 

Larceny  is  grand  or  petit,  5 :  772 
Information  for,  G :  204 
Lost  property,  of,  what  constitutes.  .^) :  780 

Mortgaged  personalty,  removal  or  further  incumbrance  as  larceny,  5:  697 
IMortgaged  property,  removing  improvements  from  after  foreclosure,  5 :  770 
Petit,  definition  and  punishment,   5:  774 
Pledgee,   defrauding,  as  larceny,   5:  702 
Proof  of,   what  sufficient,  6 :  381 
Punishment,  5:  773,  774 

Realty,  severing  or  removing  parts  of,  5:  778 
Records,    of,    5:  131,  132 
Stolen  property 

Bringing  into  Canal  Zone,  5:  56,  788 

Buying  or   receiving,  5:  786 

Entries  by  police  as  to,  6:  827 

Officer  holds  subject  to  order  of  court,  6:  821 

Restoration  to  owner  by  court,  6:  822-824 

Sale  and  disposition  of  proceeds  where  unclaimed,  6:  825 
Value 

Passage  tickets,  of,  5:  776 

Property,  of,  bow  determined,  5 :  10 

Written  instruments  stolen,  of,  5:775 
Vehicle,  taking  for  temporary  use,  5:  784 
Water,  of,  punishment,  5 :  783 
Written  iustrnments,  not  delivered,  of,  5:  777 
Lascivious  Conduct 

With  child,   punishment,    5:  416 


1148 


i:ndex 

Law 

See  Statutes 

Conflict  of  laws,  see  Conflict  of  Laws 

Discussions  of,  to  be  addressed  to  court   4:2182 

Foreign 

Evidence  of,  4:  1926-1928 
Mist.ike  of,  as  mistalie  of  fact,  3:  So.l 
Presumption  as  to  book«  containing,  4 :  1926,  2007 
Statutes    of   limitations,    4 :  111 
Instructions,  see  Instructions 
Issues  of,  see  Issues 

Presumption  that  law  has  been  obeyed,  4 :  2007 
Public  and  private  statutes  defined,  4 :  1924 
Questions  of.  what  are,  4:  2182 
Recitals  in  statutes,  how  far  evide;i((\  4:  1929 
Reports  of  cases  presumed  correct,  -i  :  2007 
State,  evidence  of  law  of,  4 :  1926-192.S 
Statutes,  see  Statutes 
Unwritten  law 

Defined,  4:  1925 

Evidence  of  unwritten  law  of  State  or  country,  4 :  1928 
Waiver  of,  right  of,  3:  2835 
Written  law 

Defined,  4:  19-3 

Of  State  or  foreign  country,  evidence  of,  4 :  1926,  1928 
Leading  Questions 

Allowed  when,  4:  2115.  2117 
Defined,  4:  2115 
Leases 

See  Landlord  and  Tenant 

Agreement  for.  necessity  of  writing,  3 :  886 ;  4 :  2015,  2017 
Assigning,  effect  of,  4:  1143 
Forgery  of.  5:  721 
Public  lands,  of,  2:  303 

Rent,  presumption  respecting  payment,  4 :  2007 
Revocable  licenses  for  lots  in  town  sites,  2 :  304 
Writing,  necessity  of,  3 :  886 ;  4 :  2015,  2017 
Legacies 

See  Wills 
Legal  Maxims 

See  3 :  2831-2865 
Legitimacy 

Acknowledgment  of  illegitimate  'hild,  inheritance  in  case  of,  3:  634,  635 
Adoption  of  illegitimate  child 
By  father,  3 :  196 
Consent  to,  3:  195 
Annulment  of  marriage  does  not  affect.  3 :  57,  634 
Custody  and  services  of  illegitimate  child,  3 :  170 
Dissolution  of  marriage,  children  born  after,  3 :  163 
Divorce  does  not  affect.  3 :  118,  634 
Inheritance 

By  illegitimate  child,  3 :  634 
From  illegitimate  child,  3:  634,  035 
Issue  of  wife  cohabiting  with  husband.  3 :  161 
Legitimation  of  illegitimate  child,  3 :  165,  634 
Marriage  of  parents  legitimates  child,  3 :  165,  634 
Presumption  of,  3:  161-164;  4:  2006,  2007 
Proof  of  illegitimacv,  3:  164 
Wedlock 

Children  born  in,  3 :  162 
Children  born  before  wedlock,  3:  165,  634 
Lepers 

Marriage  licenses,  issuance  to,  3 :  61 


1149 


INDEX 

Letters 

Offenses  involving  sending,  when  complete,  5 :  30 

Opening,  reading,  or  publishing  content,  punishment,  5 :  808 

Presumption  that  letters  mailed  were  received,  4 :  2007 

Property  in,  3 :  386 

Right  to  publish,  3 :  386 

Threatening 

Punishment  for  sending,  generally,  5:  371 
Sending  with  intent  to  extort  money,  punishment,  5 :  686 
Letters  of  Credit 

Continuing  guaranty,  when  are,  3 :  2167 

Credit  given  must  agree  with  terms  of,  3 :  2169 

Defined,  3 :  2161 

Exhausted  by  giving  credit,  when  not,  3 :  2167 

Extent  of  general  letter,  3 :  2166 

General  or  special,  letters  are,  3 :  2164 

Liability  of  writer,  3 :  2163 

May  be  addressed  to  several  persons  in  succession,  3 :  2162 

Nature  of  general  letter.  3 :  2165 

Notice  to  writer,  of  credit  given,  whether  necessary,  3 :  216S 
Levy 

See  ExEXJTJTioN 
Lewd 

See  Obscene 

Conduct  with  child,  punishment,  5 :  416 
Libel 

Answer,  4 :  259 

Complaint,  4 :  258 

Defamation,  how  effected,  3  :  42 

Defined,  3 :  43 

Malice,  when  not  inferred,  3 :  46 

Privileged  publications,  3  :  45,  46 

Right  to  protection  from,  3 :  41 

AS    CRIME 

Defined,  5 :  351 

Information  for,  6 :  201 

Liability  of  author,  editor,  or  publisher,  5 :  356,  357 

Mailing  libelous  mutter,  punishment,  p.  921,  sec.  335 

Malice  presumed  when,  5 :  353 

Offer  to  prevent  publication,  intending  extortion,  5:362 

Portrait  or  caricature,  publication  of,  punisiiment,  5:o(!3 

Privileged 

Report  of  public  official  proceedings,  5 :  358,  359 

What  communications  are,  5:360 
Publication,  what  constitutes,  5 :  355 
Punishment  of,  5  :  352 

Threatening  to  publish,  punishment,  5 :  361 
Truth,  as  defense,  5  :  354 
Licenses 

Failure  to  give  proper  receipts,  punishment.  5:626 
Foreign  corporations,  to  do  business,  3 :  221-230 
Healing  art,  to  practice,  2 :  372 
Possession  of  improper  blanks,  5 :  627 
Regulations  concerning  license  taxes,  2:401,  402 
Revocable  licenses  for  lots  in  town  sites.  2 :  304 
Self-propelled  vehicles 

Agreements  witli  I'anama  concerning  fees.  2  :  322 

Use  and  operation  of,  licenses  for,  2:321 
Liens 

Accessory  to  act  secured,  3 :  2221 
Attachment,  of,  3:2316;  4:357 
Banker's,  3 :  2315 
('arrier's,  see  ('arkieks  ok  Goods 
Claim  not  due,  no  lien  for,  3:2182 

1150 


INDEX 

Liens — Continued 

Conipensatiun,  holder  not  entitled  to  lor  trouble  or  expense,  :^ :  2195 

Conlined  to  original  obligation,  3 :  21!M 

Conversion 

By  lienor  extiuguislies  lien,  3 :  2222 
Damages  of  lienor,  3  :  2G64 
Created  by  contract  or  operation  of  law,  3:2181 
Creation  of  does  not  imply  personal  obligation,  3 :  2193 
Defined,  3 :  2171 
Depositary's,  see  Depositaries 
Estate,  against 

Claim,  how  presented,  4 :  1478 

Enforcement  witiiout  filing  claim,  4 :  1481 
Extent  of.  3  :  2194 
Extinguished,  how,  3  :  2221-2225 
Factor's,  3:2314 

Forfeiture  of  property,  contract  for,  void,  3 :  2192 
Future  interest,  on,  may  be  created,  3 :  2183 

Future  obligation,  creation  of  lien  to  secure  performance  of,  3 :  21S-J 
Garages,  lien  of  owners  of,  for  services,  3 :  2311 
General,  defined,  3:2173 
General  or  special,  liens  are,  3 :  2172 
Inferior  lienor,  redemption  by,  3 :  2212 
Innkeeper's,  3 :  1201 

Limitations,  lien  extinguished  by,  when,  3 :  2223 
Mortgage 

Lien  of,  see  Mortgages 

Subject  to  law  of  lien,  3 :  2176 
Ofl3cer  levying  attachment  or  execution,  of.  3:2316 
Order  of  payment  out  of  estate,  4 :  1591,  1592 
Order  of  resort  to  different  things,  3 :  2202 
Part  performance  does  not  extinguish,  3 :  2224 

Personal  obligation  to  perform  not  implied  on  creation  of,  3 :  21.93 
Personal  property,  lien  on  for  services  or  safe-keeping,  3:2311-2313 
Pledge 

In  general,  see  Pledge 

Lienor  may  pledge,  3  :  2285 

Subject  to  law  of  lien,  3 :  2176 
Possession,  lien  dependent  on,  3 :  2311 
Prior,  right  of  holder  of  special  lien  paying.  3 :  2175 
Priority,  according  to  time  of  their  creation,  3 :  2201 
Property  not  in  existence,  may  be  created  on,  3 :  2183 
Redemption 

Contract  in  restraint  of,  void,  3:  2192 

In  general,  3 :  2211-2213 
Hepairs,  for,  3  :  2311 

Restoration  of  property  to  owner  extinguishes  lien,  when,  3 :  2225 
Right  of  redemption  of  property  subject  to,  3 :  2211 
Sale 

Extinguishes  lien,  3:  2222 

To  enforce  lien,  3 :  2313 
Services  upon  or  safe-keeping  of  personalty,  3 :  2311-2313 
Special 

Defined,  3 :  2174 

Mortgage  lien  is,  3 :  2233 

Right  of  holder  who  pays  prior  lien,  3 :  2175 
Storage,  for,  3:  1136 

Subrogation  of  person  redeeming  property  subject  to,  3:  2211,  2212 
Time  when  lien  arises,  3 :  2182 
Title  not  transferred  by,  3 :  2191 
Life  Estates 

Inventory  by  legatee  for  life,  3 :  617 
Life  Insurance 

See  Insuiunce 


1151 


INDEX 

Limitation  of  Actions 

Absence,  efl'ect  on  running  of  statute,  4:  102;  6:  64 

Account,  mutual,  open  and  current,  4:  84.  89 

Account  stated.  4:  84 

Acknowledgment  must  be  in  writintr.  4 :  110 

Administrators  or  executors,  actions  by  and  against,  4:  104 

Aliens.  elYect  of  war,  4:  105 

Assault  and  battery,  4:  87 

C'lieck,  pa.\  ment  of  forged  or  raised.  4 :  87 

Contest  of  probate  or  will,  4:  1251.  1257 

Contract 

In  writing,  4 :  84 

Not  in  writing,  4 :  86 
Criminal  actions 

Absence  of  defendant  from  Canal  Zone,  effect,  6 :  64 

Felonies,  prosecution  for,  6:  61,  62 

Misdemeanors,  for,  6:  63 
Death 

Bv  wrongful  act,  actions  for.  4:  87.  181 

Effect  of  death  of  party,  4:  104,  106 
Deposits  in  bank  or  trust  company,  4:90 
Disabilities 

Absence  from  Canal  Zone,  4 :  102 ;  6 :  64 

Alfecting  operation  of  statute,  in  general.  4:  103.  105.  1816.  1817 

Effect  of  two  or  more  disabilities.  4 :  109 

Injunction  or  statutory  proliiliitioji.  4:  107 

Must  exist  when  action  accrues,  4 :  108 

Vacancy  in  administration,  4 :  1482 
Divorce,  for.  3:  91,  104-106 
Escape,  4:  87 
Estates  of  decedents 

Action  against,  on  re.iected  claim.  4 :  1479 

Barred  claim  cannot  be  allowed,  4:  1480 

Effect  of  vacancy  in  administration,  4:  1482 

Statute  does  not  affect  allowed  claim.  4:  1480 
Execution,  time  to  issue,  4:  581.  586 
Existing  causes  of  action  not  affected  by.  4:  112 
False  imprisonment,  4:  87 
Five-year  limitations,  4 :  83 

Foreign  corjiorations,  loss  of  benefit  of  limitation  laws.  3:  227 
Foreign  statutes  of,  bar  of,  4 :  111 
Four-year  limitations,  4 :  84.  88 

Fraud  or  mistake,  action  for  relief  on  ground  of,  4 :  85 
Guardians 

Bonds  of,  actions  on.  4:  1816 

Recovery  of  property  sold  at  guardian's  sale.  4:  1817 
In  general.  4 :  81 

Iniunction  staying  commencement  of  action.  4:  107 
Judgments.  4:  83 

Lien  extinguislied  by.  when.  3 :  2223 
Marsiial,  coroner  or  ccnsJable.  against.  4:  86.  87 
Mesne  profits  of  realty,  4 :  83 
Negligence,  injury  l)ecause  of,  4:  87 
New  promise  must  be  in  writing.  4:  110 
Nuisani-e,  time  does  not  legalize,  3:  2811 
Obligations  in  writing.  4:  84 
One-year  limitations,  4:  87 
IV^nnlty  or  forfeiture,  for,  4:  87 
Personal  injuries,  4 :  87 
IMeading  the  statute,  how  done.  4:  257 
Railroad  employee,  for  injury  to,  p.  990,  sec.  56 
Relief  not  ollierwisi'  i)rovided  for,  4:  88 
Reversal  on  aiJiieal.  time  for  new  action,  4:  1<»0 
Revival  of  debt,  4:  110 
Seduction,  4 :  87 
Slander  and  libel,  4:  87 

1152 


mDEX 

Limitation  of  Actions — c'ontinued 

yi)e('ial  prottHMliiigs  included  under  action,  4:  113 

Statute,  liability  created  by,  4:  85 

Takiiijr.  detaining,  or  injuring  personality,  4:  85 

Three  year  limitations,  4 :  85 

Trespass  ui)on  or  injury  to  realty,  4 :  85 

Two  year  limitations,  4:  80 

I'ndcrtalcing  in  criminal  action,  on,  4:  87 

rnwrilfcn  oliligation,  on,  4:  80 

Wlien  a^'tion  is  commenced,  4:  101 

Will  and  jiiobate  contests,  4:  1251,  1257 

Written  obligation  or  liability,  4:  84 

Wrongful  death,  for,  4:  87,  131 
Liquidated  Damages 

iS'or  bar  to  specific  performance,  3 :  2704 

Validity  of  contract  fixing  damages  in  advance,  3:  933,  934 
Liquors 

See  AntTi/rERATioN ;  Intoxicating  Liquors 
Literary  Property 

Assignable,  is,  3:  383 

Joint  production,  bow  owned,  3:  382 

Letters,  ownership  of,  and  right  to  publisii,  3 :  386 

Ownership  of.  3 :  252,  381 

Publication  of,  effect  of,  3 :  384 

Subsequent  author  of  same  thing,  rights  of,  3 :  386 
Loans 

See  CiiATTET.  Mortgages:  Deposit;  Hiring:  Mortgages 

Care  required  of  borrower,  3 :  1232-1235 

Defects.  lender  liable  for  injuries  from,  3:  1240 

Defined.  3 :  1231 

Exchange,  for,  3:  12,51-1253 

Expenses,  to  be  borne  by  whom,  3 :  1239,  1253 

For  use,  3 :  1231-1243  ' 

Hiring,  3:  1271-1285;  see  Hiking 

Injuries,  when  borrower  to  repair,  3 :  1236 

Money,  of 

Defined,  3:  1261 

Evidence  of  usury,  3:  1269 

Interest,  3:  1263-1269 

Presumed  to  be  on  interest,  3 :  1263 

Kate  of  interest  allowable,  3 :  1266 

Recovery  of  usurious  interest  paid,  3 :  1268 

To  be  repaid  in  current  money,  3 :  1262 

Usurious  contracts,  principal  only,  recoverable,  3 :  1267 

Purposes  for  which  thing  borrowed  may  be  used,  3 :  1237 

R.^loaning  forbidden,  3  :"  1238 

Repairs,  borrower  to  make,  when,  3:  1236 

Return 

Demand  necessary  when,  3 :  1242 
Lender  may  require  at  any  time,  3 :  1241 
Place  of,   3:  1243 

Skill  required  of  borrower,  3:  1235 

Title  of  property  loaned  does  not  pass,  3 :  1232 
Locks 

See  Panama  Canal 
Locomotives 

Mismanagement  causing  boiler  explosion,  punishment.  5:  521,  523 

Omission  by  engineer  to  give  warning  at  crossing,  punishment.  5 :  525 
Lodging-House  Keepers 

See  Innkeepers 
Loitering 

About  buildings  or  dwellings,  punishment,  5 :  603 
Lost  Documents 

Admissibility  of  abstract  of  title  where  records  lost,  4 :  1873 

Papers,  how  supplied,  4:  951  ' 

1153 


INDEX 

Lost  Documents — Coutinued 

Proof  of  lost  writing,  maimer  of,  4:  1S72,  1969 
Iteestablishment  and  reexeciition,  3 :  2734 
Summons,  issuance  of  alias,  4:  164 
Wills,  probate  of,  4:  1261-1264 
Lost  Property 
See  Finders 

Abandoned  property  is  not,  3:  1219 
Compensation  of  finder,  3:  1212,  1214 
Larceny  of,  what  constitutes.  5:780 
Notification  of  owner,  3  :  1212 
Obligations  of  finder  in  general,  3 :  1211 
Restitution 

Duty  of  finder,  3 :  1212 

Requiring  proof  of  ownership  before,  3 :  1213 
Reward  of  finder,  3 :  1212,  1214 
Sale  of 

Manner  of,  3:  1217 

When  authorized,  3:  1216 
Storage  of  thing  found,  3 :  1215 

Unknown  owner,  filing  affidavit  with  magistrate,  3 :  1212 
Vests  in  finder  when,  3:  1218 
t^otteries 

Causing  tickets  or  advertisements  to  be  brought  in,  punishment,  5 :  47<i 
Definition  of  lottery  and  lottery  ticket,  5:  471 
Establishment  or  promotion,  punishment,  5 :  473 
Evidence,  what  sufficient,  6:  382 

Importation  or  interstate  carriage  of  tickets,  p.  932,  sec.  387 
Insurance  of,  not  authorized,  3 :  1862 
Mailing  lottery  circulars,  punishment,  p.  922,  sec.  336 
I'ennits  for  raffles  or  gift  enterprises  for  charity,  5 :  477 
Postal  service  employee  acting  as  lottery  agent,  p.  922,  sec.  337 
Proof  of  violations,  6:  382 
Publishing  account  of,  punishment,  5 :  475 
Selling  tickets  or  being  concerned  in,  punishment,  5 :  474 
Unlawful,  5:  472 
Lunatics 

See  Insane  Persons 
Magistrates 

See  Judges  ;  Magistrates'  Courts 
Acknowledgments,  may  take,  3 :  491,  512 ;  4 :  33 
Affidavits,  may  take,  4:  33,  2074 
Appointment,  7 :  4 
Arrested  person 

Delay  in  taking  before  magistrate,  a  misdemeanor,  5 :  174 

Duty  to  take  before  magistrate,  0:  97-99 
Assault  in  presence  of,  6 :  50 
Authority  of  one  to  act  for  other,  6 :  115 
Bail,  see  Bail 

I'onds  of,  rules  authorized  governing,  7 :  fi 
Compensation  of,  7 :  4 
Conditional  examination  of  witnesses  by,  in  absence  or  inability  of  db 

trict  judge,  6 :  684 
(^ontempt,  power  to  punish  for,  in  general,  4 :  32 ;  see  Contempt 
Criminal  docket 

Depositing  with  successor,  6:  114 

Keeping  of,  6 :  113 
Depositing  dockets  and  papers  with  successor,  4:  834;  6:  114 
Depositions,  may  take,  4 :  33,  2101 

Disal)ility  or  absence  of,  attendance  of  other  magistrate,  4:  844 
Disqualification 

Change  of  place  of  trial,  4 :  &S2 ;  6 :  291 

Grounds  for,  in  general,  4 :  28 
Duties  of,  rules  authorized  governing,  7 :  6 
Fees  for  various  services  of,  4 :  988 

1154 


mDEX 

Magistrates— Continued  .  .    .    i        r.     r^o . 

Habeas  corpus,   may  grant  in  u'Dsence  ot   district  judge,  b:   (-4 

Oaths  and  allirmations,  may  administer,  4 :  23,  31.  2171 ;  6 :  111 
Offenses  in  presence  of,  oral  order  for  arrest,  6:  86 
One  magistrate  may  act  for  otlier,  6:  115 
Partner  practicing  law,  not  to  have,  4:  29 

I'owers  of  .  i    i    ^     or 

Adoption  of  process  and  procedure  wliere  none  provided,  4:  do 

In  cuiiduct  of  proceedings  generally,  4 :  31 ;  6 :  111 
I'reliniinary  hearings 

In  general,  see  Prfximinaky  Hearing 

Jurisdiction  to  hold,  6:  141;  7:  2 
Publicity  of  proceedings,  6 :  112  ^     ^oo 

Purchase  of,  or  interest  in,  judgment,  punishment,  5:  128 
Security  to  keep  peace,  proceedings  to  require,  6 :  41-53 ;  see  Peace 
Subpenas,  issuance  of,  4 :  841,  2042 ;  6 :  652,  653  ;  see  Subpenas 
Term  of  otfice,  7 :  4 

Trial  of  actions  by,  see  Magistrates'  Courts 

Warrant   of  arrest,   issuance   and   requisites,   6:  71-(6;   see  Warrant  of 
Arrest 
Magistrates'  Courts 

See  Courts;  Magistrates 
Account,  action  on,  4:  786 
Actions 

Commenced  by  filing  complaint,  4:  691 

Where  must  be  commenced,  4:  681 
Amendment  of  pleadings 

Adjournment  on,  4 :  720,  772 

Answer  or  demurrer  to  amended  pleading,  4 :  721 

Forcible  entry  and  detainer,  in,  4:  1153 

In  general,  4:  720 

vrhen  demurrer  sustained,  4:  719 
Answer 

May  contain  what,  4:  715 

Time  for  appearance  of  defendant,  4 :  697 
Appeal  from 

In  general,  4  :  881-891 ;  see  Appeal 

Manner  of  taking,  4 :  881 

Notice  of  appeal,  4 :  881 

Prepayment  of  fee,  4 :  889 

Statement  of  case  and  settlement  thereof,  4:  882 

Stay  of  execution  on,  4  :  885,  887 

Time  for  appeal,  4:  881 

Transmission  of  fee  to  clerk,  4 :  889 

Transmission  of  papers,  4 :  884 

Undertaking  on  appeal 

Deposit  in  lieu  of  undertaking,  4:  885 
Exception  to  and  justification  of  sureties,  4 :  886 
Requisites  of,  4:  885 
Time  to  file,  4:  886 
Appearance 

Failure  of,  trial  may  proceed,  4:  785 

Hour  for,  4 :  702 

In  person  or  by  attorney,  4 :  694 

Time  for,  4 :  697 

Waiver  of  summons  by  appearing  and  pleading,  4:  693 
Arrest  of  defendant 

Affidavit  for,  4:  732 

Certificate  of,  4:  734 

Custody,  4 :  735 

Discharge  in  case  of  continuance,  4 :  774 

Forcible  entry  and  detainer,  in,  4 :  1149 

Grounds  for,  4:  731 

Officer  must  notify  plaintiff,  4 :  734 

1155 


INDEX 

Magistrates'  Courts— Continued 
Arrest  of  defendant — Continued 

Taking  defendant  before  magistrate,  4:  733 

Undertaking  for,  4:  732 

Undertaking   on    postponement   at    defendant's    request,    4 :  774 
Attachment 

Affidavit  for,  4 :  741 

Form  and  contents,  4 :  743 

Issuance  of,  4 :  741 

Undertaking  of  defendant,  4 :  743 

Undertaking  of  plaintiff,  4 :  742 

What  general  provisions  api)Iicable,  4 :  744 

What  to  require,  4 :  743 
Bill  of  particulars  in,  4 :  786 
Change  of  place  of  trial,  4:  682,  68:^ 
Claim  and  delivery,  procedure,  4:  751 
Complaint 

Action  commenced  by  filing,  4 :  691 

Date  of  filing,  indorsement  of,  4:  692 

Forcible  entry  and  detainer,  in,  4 :  1147 

Requisites  of,  4 :  713 
Compromise,  offer  of  before  trial,  4:  797 
Confession  of  judgment,  4 :  791,  1104 
Constables,  see  Constables 
Contempt 

Power  to  punish  for,  4:  32 

What  sections  govern,  4:  821 
Continuance 

Costs  as  condition  of,  4:  1008 

In  general,  4 :  772-775 

Forcible  entry  and  detainer,  in,  4 :  1153 

Costs 

Amendment  of  pleadings,  on,  4 :  720 
Compromise,  effect  of  offer  of,  before  trial,  4 :  797 
Confession  of  judgment,  on,  4 :  1104 
Continuance,  as  a  condition  of,  4 :  1008 
Deposit  or  security  may  be  required  for,  4 :  845 
Dismissal  of  action,  on,  4 :  1009 
Disposition  of,  rules  authorized,  7 :  6 
Each  party  responsible  for  own,  4:  1001 
Forma  pauperis,  proceedings  in,  4 :  1001,  1002 
Included  in  judgment,  4:  798 
Magistrate  to  tax,  4:  798,  1006 
Prevailing  party,  ordinarily  allowed  to,  4 :  1003 
Relief  from  judgment,  on,  4:  720 
Security  for 

Bond  to  authorize  what,  4 :  1023 

By  intervener  or  counterclaimant,  4 :  1025 

Magistrate  may  require,  4 :  845 

New  undertaking,  4 :  1022 

Not  required  of  Government,  4 :  1024 

Not  required  when,  4 :  102G 

Requirement  of,  4:  1021 

Requisites  of,  4  :  1022,  1023 
Taxing  of,  4 :  798,  1006 
What  costs  recoverable,  4 :  ltM)7 
Counterclaim 

Answer  may  contain,  4 :  715 
Omission  to  set  up,  fatal,  4:  716 
Criminal  actions  or  proceedings  in.  see  separate  subhead,  infra 
Cross-complaint  in,  rendering  affirmative  relief  on,  4:  718 
Demurrer 

Answer,  to,  4:  717 

Complaint,  to,  4 :  714 

Proceedings  where  sustained  or  overruled,  4 :  719 

1156 


INDEX 

Magistrates'  Courts — ContinnoU 

Deposit  instend  of  uiidor.akinu,  4:  S4(i 

D-ixsitioiis.  soc  Depositions 

Dismissal,  actions  may  he  dismissed  wiitMi,  4 :  702,  T'.Ki 

Docket 

Delivery  to  successor,  4 :  834 

ICiitvies  prima  facie  evidence,  4 :  702,  S32 

p]ntries  where  one  magistrate  sits  for  another,  4:844 

Eniry  of  dates  of  trial  and  mailing  of  notice,  4:  702 

Index  to,  4:  S3o 

Making  of  entries,  4 :  832 

What  to  contain.  4:  831 
EmployeetJ  of,  appointment,  term,  and  comi)eusatiou,  7:  4 
Establishment  of,  7 :  1 
Execution 

Bhinks.  to  be  issued  without,  4:  842 

Contents  of,  4 :  813 

Duty  of  constable  receiving,  4:  815 

Forcible  entry  and  detainer,  in,  4 :  1145,  1154 

In  general,  4 :  811-S16 

Issuance  In  other  subdivision,  4:  816 

Issuance  to  any  part  of  subdivision,  4 :  841 

May  issue  within  live  years,  4 :  811 

Proceedings  sui)plenientary  to  executi(»n,  4 :  816 

Renewal  of,  4 :  814 

Stay  of,  4 :  812,  885,  887 
Exhibiting    original    ins.rument    and    delivering   copy    to    adverse    partv, 

4 :  786 
Fees 

Api)eal,  on,  4  :  889,  988 

Constable,  of,  for  service  of  process,  4 :  986,  987 

Docket  fee,  4  :  982 

For  various  services  of  magistrate,  4 :  988 

Forma  pauperis,  proceedings  in,  4 :  1001,  1002 

Prepayment  of,  4 :  1001 

Upon  intervention.  4  :  982 

Witnes^ses,  of,  4 :  989 
Forcible  entry  and  detainer 

Jurisdiction  in  actions  involving,  7 :  2 

Procedure    in,    4:    1141-1158;    see    Foi!CIble    Entry    and    Unlawftji. 
Detainer 
Genuineness  of  instrument  sued  on,  admitted  when,  4 :  787 
Guardian  ad  litem,  appointment  of,  4 :  695 
Guardian  may  appear  for  infant  or  incompelent,  4:  G95 
Hearing,  notice  of,  4 :  702 
Issues 

Classified  and  defined,  4 :  781 

Fact,  of.  how  raised,  4 :  783 

How  tried,  4:  7S4 

Law,  of,  how  raised.  4:  782 
Judgment 

Abstract  of,  4:  799 

Confession  of,  4 :  791,  1104 

Default,  by 

Forcible  entry  and  detainer,  in,  4 :  1150 
In  general.  4:  761,  762 
Relief  from,  4:  720 

Dismissal,  of,  may  be  entered  in  what  cases,  4:  792,  793 

Entry  of.  4 :  794,  795 

Filing  abstract  in  other  subdivision,  4:  816 

Foi-m  of,  4  :  795 

Mistakes  in,  magistrate  may  correct,  4:800 

Notice  of  rendition,  4:  795 

Purchase  of,  by  judicial  officers,  punishment,  5:  128 

Remitting  amount  in  excess  of  jurisdiction,  4 :  796 

Void,  setting  aside,  4 :  800 

1157 


I2JDEX 

Magistrates'  Courts- — Continued 
Jurisdiction 

Actions  involving  forcible  entry  and  detainer,  7 :  2 

Coextensive  witli  suljdivision,  7 :  '1 

In  civil  actions  generally,  7 :  2 

When  amount  found  due  exceeds,  excess  remitted,  4 :  796 
Magistrates,  see  Magistrates 

Moneys  collected,  must  receive  and  pay  same  to  parties,  4 :  84.'{ 
Notice  of  trial,  4:  702 
Papers  to  be  delivered  to  successor,  4 :  834 
Parties 

Forcible  entry  and  detainer,  in,  4 :  1145,  1146 

In  general,  see  Parties 

May  appear  in  person  or  by  attorney,  4 :  694 
Place  of  holdini;  court,  rules  authorized,  governing,  7 :  6 
Place  of  trial,  4:  GS1-6S3 
Pleading 

Form  of  pleadings,  4 :  711 

What  pleadings  are  allowed,  4 :  711 

Written   instrument,   genuineness   admitted  when,  4 :  787 
Procedure 

Adoption  where  none  provided,  4 :  35 

What   civil   procedure    provisions    are    applicable,    4 :  S47 
Proceedings  supplementary  to  execution,  4 :  816 
Process 

Adoption  of  suitable  process  where  none  provided,  4 :  35 

May  issue  to  any  part  of  subdivision,  4 :  841 

To  be  issued  without  blanks,  4 :  842 
Rules  governing,  authorized,  7 :  6 
Subpenas 

Issuance  of,  in  general,  4 :  2042 ;  see  Subpenas 

Issuance  to  any  part  of  subdivision,  4 :  841 
Summons 

Alias,  4:  698,  699 

Forcible  entry  and  detainer,  in,  4 :  1148 

How  served,  4 :  701 

Issuance  and  contents,  4 :  696 

INIay  be  waived  how,  4 :  693 

Must  issue  within  year,  4 :  692 

Security  for  costs  before  issuing,  4:  845 

Service  by  publication,  4 :  701 

Service  outside  of  subdivision,  4 :  700,  701 

Specification  of  time  for  appearance,  4 :  697 

To  be  issued  without  blanks,  4 :  842 

Wiio  may  serve,  4:  701 
Time  of  holding  court,   rules  authorized  governing,  7:  6 
Trial 

Dismissal  for  failure  to  bring  on,  4 :  793 

Fixing  day  for,  4  :  702 

May  proceed  wdien  party  fails  to  appear,  4 :  785 

Notice  of,  4  :  702 

Postponement  of,  4 :  772-775 

Time  of  commencement,  4  :  771 
Undertaking,  deposit  in  lieu  of,  4 :  846 

What  provisions  of  code  civil  procedure  are  applicable  to,  4 :  847 
Who  may  conduct  litigation,  4 :  46 
Witnesses 

Fees  of,  4:989 

In  general,  see  Witnesses 
Written  instruments,  action  on,  4 :  786 

CRIMINAL    actions    OR    PROCEEDINGS    IN 

Appeal  from 

In  general,  6 :  131-135 ;  see  Appeal 

Manner  of  taking,  6  :  132 

Transmitting  warrant  and  complaint  to  district  court,  6:133 

1158 


Magistrates'  Courts — Continued 
Bail,  see  Bail 

Chan.w  (if  venue,  G :  291-2!)8 ;  see  Place  of  Tkial 
Contempt,   see  Contempt 
Criminal  docket,  keeping  of,  G :  113 
Fines 

Application  of  cash  deposit  to  payment  of,  G :  604 

Disposition  of,  rules  authorized  governing,  7 :  G 

Imposition   and  also  placing  defendant  on   probation,   G :  500 

Imprisonment  for  nonpayment,  G :  127 
Forfeitures,    rules   authorized   governing   disposition   of,   7 :  G 
General  powers  of  magistrates,  G:lll 
Judgment 

Fine,  of,  imprisonment  for  nonpayment,  G :  127 

Rendition  of,  6  :  126 
Jurisdiction  in  criminal  actions,  7 :  2 
One  magisti'ate  may  act  for  other,  6 :  115 
Probation 

Placing  defendant  on,  G :  500 

Revocation  or  modification  of  conditions  of,  G :  500 
Publicity  of  proceedings,   6  :  112 
Punishment 

Detei*mination  of  where  undetennined  between  limits,  G :  483 

Duty  to  determine  and  impose,  G :  482 
Remanding  cause  to,  after  commitment  to  district  court,  G :  177 
Removal  of  action  before  trial,  6:291-298;  see  Place  of  Trial 
Subpenas,  issuance  of,  6 :  122,  123,  G52,  653 ;  see  Subpenas 
Suspension  of  sentence,  placing  defendant  on  probation,  6 :  500 
Trial 

Bail  for  appearance  for,  6 :  546,  561-564 ;  see  Bail 

Postponement  of,  6 :  121 

Proceedings  on  plea  of  guilty,  6:  125 

Proceedings  on  plea  of  not  guilty,  G:  126 

Reading  complaint  to  defendant,  plea,  6:  124 

Sunmioning  witnesses  for  defense,  6 :  122,  652,  653 

Summoning  witnesses  for  prosecution,  6:  123,  652 
Venue  of  offenses,  G :  13 
Witnesses 

Examination  of,  6 :  126 

Summoning,  6:  122,  123,  652,  653 
Mail 

See  Letters  ;  Postal  Service 

Presumption  that  letter  mailed  was  received  in  course  of  mail,  4 :  2007 
Maintenance 

See  Divorce  ;  Parent  and  Child 
Action  for,  by  wife  without  divorce,  3 :  116 
Majority 

Adults,  who  are,  3:  23 

Cxuardianship    terminated    by    attainment    of   ward    to,    3:  213,    214,    21(5: 

4:  1733 
Parental  authority  terminated  by  attainment  to,  3:  174 
Malice 

See  Libel  ;  Slander 
Homicide,  in,  5:  252 
Meaning  of,  in  criminal  code,   5 :  5 
Presumption  of  from  unlawful  act,  4:  2006 
Malicious  Mischief 

Animals,  poisoning,  5':  809 

Boundary  or  cable  markers,  injury  to,  5:  832 

Boundary  or  survey  monuments,  injury  to,  5:  833 

Bridges 

Burning  of,  5:  823 

Injury  or  destruction,  5:  822,  826 
Burning  property  not  subject  of  arson,  5:  803 
Explosives,  malicious  use  of,  5:  806 

1159 


INDEA 

Malicious  Mischief — Continued 

Fire  protection  apparatus,  injuring  or  tampering  with,  5:836 
Gas  pipes,  breaking  or  injuring,  5 :  S35 
Highways,  injuries  to  guideposts,  5 :  825 
Letters,  opening,  reading,  or  publisliing,  5 :  808 
Monuments  or  works  of  art,  injury  to,  5 :  834 
Notices  or  pro<.'lanuitians,   deiacing  posted  copies,  5 :  842 
I'roperty  generally,   malicious  injury  to,  5 :  801 
liaih'oads  or  railroad  bridges,  to,  5:  826 
Real  property,  malicious  injury  to,  5 :  802 
Signal  lights,  to.  5:  839 

Telegraph  or  telephone  lines,  injury   to,  5:  831 
Trees  or  plants,  injuries  to,  5 :  834 

Water,  injury  to  structures  erected  to  conduct  or  store,  5 :  838 
Water  pipes,  breaking  or  injury,  5 :  835 
Water  systems,  injury  to,  5 :  836 
Written  instruments,  injuring  or  destroying,  5 :  807 
Malicious  Prosecution 

Conspiracy  to  charge  another  falsely,  5 :  81 
Malpractice 

By  intoxicated  physician,  5:  372 
Mandamus 

Alternative,  must  lirst  issue,  if  no  notice,  4:  1055 
Alternative  or  peremptoi'y,  may  be.  4 :  1054,  1055 
An.swer  to  petition,   4 :  1056 
Damages,  recovery  of,  4 :  1059 
Default,  writ  not  granted  by,  4 :  1055 
Denominated  writ  of  mandate.  4:  1051 
Evidence,  countervailing  answer  by,  4 :  1057 
Fine  for  disobedience  to  writ.  4 :  1061 
Hearing,  4:  10.55.  1057-1059,  1081 
Imprisonment  for  disobedience  of  writ.  4:  1001 
In  what  cases  may  issue,  4 :  10.52,  10.53 
Judgment  for  applicant,  relief  given,  4:  1059 
Notice,  4 :  1055 
Peremptory 

Awarded   on   judgment  for  applicant.  4 :  10.59 

May  first  issue  if  notice  given,  4:  1055 

Requisites  of,  4 :  1054 
Petition 

Service  of  copy  of,  4 :  1055 

Verified,  wi-it  issues  on,  4:  1053 
Practice,  sections  which  apply  to.  4 :  1074,  1091 
Return  of 

Answer  of  adverse  party.  4 :  1056 

Time  for,  4  :  1081 
Service  of  writ,  manner  of.  4 :  1060 
Trial,  4:10.5.5,  10.57-1059.  lOSl 
When  may  issue.  4:1052,  10.53 
Manslaughter 

See  Homicide 
Mark 

Signature  by,  3:12;  4:8:  5:5 
Marriage 

See  Divorce;  Husband  and  Wtfk  ;  Makkied  WoirEN 

Abduction  of  woman  to  compel,  punishment,  5:405 

Action  to  test  validity,  3 :  67 

Affinity,  meaning  of.  4:8 

Agreement  upon  consideration  of.  to  be  written.  3:SS6:  4:2017 

Annulment  of 

Actions  for.  3 :  55,  56 

Custody  and  maintenance  of  children.  3:58       . 

Effect  of  judgment,  3:  59 .     .- 

Jurisdiction  of  district  coui't;  oyer. actions  for,  .7:. 2" 


iieo 


INDEX 

Marriage — Continued 

Annulment  of — Continued 

Leiiitiniacy  of  childn'n  not  alTeeted,  o :  57,  ii'M 

Marriage  celebrated  elsewhere,  3 :  55 
liiganiy,  .s«e  Bigamy 
Breach  of  promise 

Damages  for,  3  :  2658 

Private  sittings,  4  :  22 
Celebration  of 

Duties  of  minister  or  magistrate,  3 :  G3 

Presence  of  parties,  8 :  53 

Violation  of  i)ro\"isions  respecting,  .'J:  (34 

AV'ho  may  celebrate,  3 :  62 
Certificate  of 

Execution,  3 :  63 

Issuance,  3 :  61 
Compelling  woman  to  marry,  punishment,  5:405 
Conditions  restraining,  effect  of,  3 :  304 
Contract  in  restraint  of,  otjer  than  infant,  void,  3:937 
Declaration  of 

Acknowledging  and  recording,  3:66 

Action  to  compel,  3  :  67 

Where  there  is  no  record,  3 :  65 
Declarations  of  decedent  relating  to,  4 :  1888 
Dissolved  how,  generally,  3 :  111 
Divorce,  see  Divokce 

False  personation,  under,  punishment,  5 :  692 
Foreign,  valid  if  valid  where  performed,  3 :  68 
(juardiansliip,   effect  on  of  marriage  of  ward,  3:213,  214;   4:1726,  1733, 

1813 
Incestuous 

Definition  and  punishment,  5:414 

Invalidity  of,  3:53 
Legitimacy  of  children,  see  Legitimacy 
License,  application  for  and  issuance  of,  3:61 
License  to  celebrate  marriages,  3 :  62 

Marriage  settlements,  see  Husband  and  VVifk  ;  Makkiage  Settlements 
Elinors 

Capability  of  contracting,  3 :  60 

Consent  of  parents,  3 :  60 

Effect  on  minority  of  female,  3 :  21 

Ends  parental  authority,  3 :  174 
Presumption  of,   from  cohabitation,  4 :  2007 
Proof 

Mode  of,  3:52 

On  trial  for  bigamy,  6:377 
Punishment  for  violating  provisions  respecting,  3 :  64 
llecording  of  marriages  and  marriage  licenses,  3 :  61-63 
Seduction  under  promise  of,  punishment,  5:407,  408 
Settlements,  see  Husband  and  Wife;  INIakriage  Settlements 
Solemnization,  necessary,  3:51 

Spouse  of  another,  willfully  marrying,  punishment,  5:413 
Validity  of 

Foreign  marriages,  3  :  68 

Void,  what  marriages  are,  3 :  53 

Voidable,  what  marriages  are,  3 :  54 

When  contra<:ted  out  of  Canal  Zone,  3 :  68 
What  constitutes,  3:51 

Will,  effect  of  marriage  and  birth  of  issue  on,  3 :  544-547 
"\^■itnesses  to.  sigTiing  of  license,  3:63 
Marriage  Settlements 
Execution,  3 :  154 

Minors  may  make,  3 :  155  "  . 

Stipulations  concerning  property  rights,  3 :  153- 


93083 — 34 74  ]iei 


INDEX 

Married  Women 

See  Husband  and  AVife  ;  Makkiage 

('rime  committed  by,  under  duress,  5 :  57 

Parties  to  actions,  joinder  of  tiusband,  4 :  125,  12G 

Property  riglits,  see  Hushand  and  Wife 

Support  of,  under  guardiansliip  as  incompetent,  4 :  1774 

Torts  of,  liability  for,  3:  14S 

Wills  of 

Effect  of  marriage  on,  3 :  546,  547 

Half    of    community    property    subject    to    testamentary    disposition, 
3:  648,  649 

Separate  estate,  right  to  dispose  of  by  will,  3:  523 
Marshal 

See  Aerest  ;  Assignments  for  Creditors;  Attachment;  Bail;  Execution; 

Officers  ;  Peace  Officers 
Appointment  of,  7 :  42 
Assignee  for  creditors 

Assignments  made  to  marshal,  3 :  2772 

Bond  as,  3:  2787 

Duties  as,  3:  2773 

Fees  and  expenses  as,  3 :  2774 
Compensation  of,  7 :  40 

Deed   under  court  process   as  evidence  of  transfer,   4 :  1952 
Deputy  mai'slials,  authorization  and  compensation,  7 :  40 
Establishment  of  office  of,  7 :  40 
Execution  sale,  see  Execution 
Fees 

As  assignee  for  creditors,  3 :  2774 

Various  services,  including  service  of  process,  for,  4 :  986,  987 
Leave  of  absence,  7 :  42 
Peace  officer,  is,  6:  84 
Powers  and  duties,  in  general,  7 :  41 
liesidence  during  term,  7 :  42 
Service 

Process  generally,  of,  see  Process  ;  Servtce 

Summons,   of,   see   Summons 
Term  of  office,  7 :  42 
Marshaling  Assets 

When  may  be  required,  3 :  2755 
Master  and  Servant 

See  Hours  of  Labor  ;  Railroads 
Assumption  of  risk 

Affecting  liability  of  railroad,  p.  989,  sec.  54 

In  general,  3 :  1312 
Canal  and  Railroad  employees,  provisions  inapplicable  to,  3 :  1291 
Compensation 

Dismissal,  in  case  of.  3:  1347 

Employee  leaving,  of,  3 :  1348 

Master  only  lip.ble  for  services  properly  rendered,    3 :  1334 

Presumption  as  to,  3 :  1353 
Confidential  relations,  trust  arises  from,  3:  1505 

Continuance  of  service  after  death  or  incapacity  of  employer,  3 :  1343 
Contrilnitory  negligence 

Affecting  liability  of  railroad,  p.  989,  sec.  53 

Application  of  rules  between,  3 :  1312 
Deatli  of  joint  employee,  duties  of  survivor,  3 :  1335 
Dutv  of  employee 

Account,  to,  3:  1.331 

Delivery  of  things   received   for  employer.  3 :  1332,  1355 

Giving  preference  to  employer's  business,  3 :  1333 

In  general,  3:  1324,  1325 

Obeying  orders,  as  to,  3:  1326 

Skill,  to  use,  3:  132S,  1329 

Usage,  to  conform  to,  3:  1327 


1162 


INDEX 

Master  and  Servant — Continued 

Embezzlement,  servant,  when  guilty  of,  5:  CG6 
Employment,  contract  of,  delijied,  ;i :  1801 
Fellow  servant,  master's  liability  for.  8:  1312 
Gratuitous  employees,  obligations  of,  3:  1821-1323 
Indemnification  of  employee,  3:  1311,  1312 
Injury 

Railroad  employee,  to,  liability  for,  p.  989,  sees.  52-59 
Servant,  to,  master's  liability,  3:  1311-1313 
Negligence 

Employee's  liability  for,  to  employer,  3:  1334 
Employer's  liability  for,  3:  1311-1313 

Ivailroad,    of,    liability    to    injured    employee,   p.   989,    sees.    52-59 
Obligations  of  employer,  3:  1311-1313 
Protection   of  master  or   servant  against  wrongful  injury,  force  may  be 

used,  3 :  48 
Renewal  of  hiring,  presumption  as  to,  3 :  1354 
Servant  defined,  3:  1351 
Service  without  employment,  3:  1381 
Term  of  hiring,  presumption  as  to,  3 :  1352,  1353 
Termination  of  employment 

Discharge  of  servant,  grounds  for,  3 :  1345,  1356 
For  specified  term,  3 :  1345,  1346 
What  works  a  termination,  3:  1341,  1342 
Without  specified  term,  3:  1344 
Things  acquired  by  employee  belong  to  employer,  3:  1330 
Maxims 

Jurisprudence,  of,  3:  2831-2865 
Mayhem 

Assault  to  commit,  punishment,  5 :  311 
Defined,  5:271 

^Murder  in  perpetration  of,  degree,  5 :  253 
Punishment  of,  5  :  271 
Measures 

See  AVeights  and  Measubes 
Medicines 

See  Drugs;  Poisons 
Meetings 

Disturbance  of  religious  or  other  meetings,  5 :  593 
Memorandum 

See  Statute  of  Frauds 
Menace 

See  Duress  ;  Threats 
Consists  in  what,  3 :  826 
Messages 

See  Carriers  of  Messages;  Telegraphs;  Telephones 
Military  Law 

Authority  to  inflict  punishment  not  affected  by  Criminal  Code,  5 :  11 
Ministers 

Licenses  to  celebrate  marriages,  3 :  62 
Privileged  communications  to,  4 :  1904 
Minors 

See  Infants 
Minute  Books 

Recording  court  proceedings  in,  4 :  958 
Miscarriage 

See  Abortion 
Mischief 

See  Malicious  Mischief 
Misdemeanor 

Act  for  which  no  penalty  is  prescribed,  5 :  31 

Arraignment,  necessity  of,  6 :  221 

Counseling  or  aiding  in,  5 :  52,  55 

Crimes  divided  into  felonies  and  misdemeanors,  5 :  23 

1163 


INDEX 

jNIisdemeanor — Continued 

Defined.  5 :  24 

Limitation  of  time  for  prosecution,  6:63 

Punishment  of,  wliere  not  otlierwise  prescribed,  5 :  2(5 
Misrepresentations 

See  Fkat'd 
Missing  Persons 

Accounting  by  trustee  of  estate  of,  4 :  1833 

Allowance  to  family  out  of  estate,  4:  1833 

Appointment  of  trustee,  4 :  1831 

Bond  of  trustee,  4 :  1832 

Petition  f(U-  trustee,  4 :  1831 

Powers  and  duties  of  trustee,  4 :  1833 
Mistake 

Consent  obtained  by,  3 :  823,  824 

Fact,  of 

As  affecting  liability  for  crime,  H :  HT 
Mistake  may  be  either  of  law  or  fact,  3 :  832 
What  is,  3  :  833 

Failure  of  contract   to   express   intent   because  of,   intent   governs,   3 : !)()(! 

Foreign  laws,  mistake  of  fact,  3 :  835 

Law,  what  is,  3 :  834 

Pleading  in 

Amendment  correcting,  4  :  275 
Innuateriiil  unless  pi-ejudicial,  6:162,  1S9 

Reformation  of  contract  for,  3 :  2711-2713 

Rescission  for,  3 :  952,  953,  2722 ;  see  Rescission 
Mittimus 

Furnishing  to  officer  charged  with  executing  judgment,  6:511 
Money 

See  Counterfeiting  ;  Deposits  in  Court 

Adverse  claim  to,  action  to  determine,  4:956 

Interest  on.  see  Interest 

Issning  instrunjents  to  circulate  as,  5:742 

Loan  of,  see  Loan 
Money  Orders 

Counterfeiting  of,  p.  927,  sec.  347 

Interest  on  deposit  money  orders,  2:274 

Issuing  witiiout  receiving  money,  p.  920.  sec.  333  ; 

Use  of  interest  from  funds,  2 :  275 
Monopolies 

See  Restraint  of  Trade  > 

Clayton  act,  application  of.  p.  892,  sees.  12-27 

Panama  Canal  closed  to  violators  of  antitrust  laws,  2:  11 
Month 

Defined,  3  :  12  ;  4:8;  5:5 
Monuments 

Boundary,  injury  to,  5:  832,  833 

liijuries   to,   punishment,    5 :  483,   834 
Morals 

Conspiracy  to  injure  public  morals,  5 :  81 

Crimes  against  good   morals,  5 :  391-484 

Regulations  by  President  respecting  immoral  conduct,  5:  391,  392 
Mortgages 

See  Chattel  Mortgages  ;  Liens 

Assignment 

Debt  secured  by  mortgage,  of.  carries  security.  3:2246 
Record  of,  a«  notice.  3 :  2244.  2245 

Cliattel  mortgages,  see  Chattel  ^Mortgages 

Conveyani^e.  mortgage  not  deemed  to  be,  4 :  667 

Decedent,  against 

Action   without  filing  claim.   4:  1481 
Claim,   how  presented,   4 :  1478 
Order  of  payment,  4:  1591,  1592 

Defeasance,  right  to  sliow  transfer  made  subject  to,  3 :  2235 

1164 


INDEX 

Mortgages — Coii(  inued 
Detiued,  8:  2231 
Discharge 

Execution  of  certiticjite  of  discharge,  3:  2248,  2249 

Manner  of  discliarging  recorded  mortgage,  3 :  2247,  2248 
Extends    to    what,   3:  223B 

Foreclosure  of,  4:  ()41-(i43;  see  Fokeci.osuue  of  Mortgagks 
Impairment  of  security  by  mortgagor,  3 :  2239 
Insurance  on  mortgaged  property,  3 :  1874,  1875 
Liens 

Extend   to   what,   3:  223(; 

Mortgages  are  subject  to  chapter  on  liens,  3 :  2170 
Married  person,  by.  under  false  representations,  5:  098 
Notice  of  sale  under  power  contained  in,  4 :  592 
Personal  obligation,  is  not  in  absence  of  express  covenant,  3 :  2238 
Personal  property,  of,  see  Chattel  Mortgages 
Possession 

Is  independent  of,  3:  2231,  2233 

Right  of  mortgagee   to,   3:  2237 
Power  of  attorney  to  execute,  how  executed,  3 :  2242 
Power  of  sale  may  be  conferred,  3 :  2241 
Record  of  assignment  as  notice,  3 :  2244,  2245 
Removal  of  improvements  by  mortgagor  as  larceny,  5 :  779 
Satisfaction 

Certificate  of  discharge,  execution  of,  3 :  2248,  2249 

Duty  of  mortgagee  on,  3:  2249 
Title  subsequently  acquired  inures  to  mortgagee,  3 :  2240 
Transfer 

Made  subject  to  defeasance,  right  to  show,  3:  2235 

What  deemed  to  be  mortgage,  3:  2234 
Waste,  mortgagor  must  not  commit,  3 :  2239 
Will,  effect  of  encumbrance  on    3 :  549 
Writing 

Mortgage  must  be  in,  3:  2232 

Power  of  attorney  to  execute  mortgage  must  be  in,  3:  2242 
Mother 

See  Parent  and  Child 
Motions 

>iSee  Orders 

Affidavits  may  be  used  on,  4 :  2071 

Arrest  of  judgment,  in,  0 :  401-464 ;   see  Arrest  of  Judgment 
Defined,  4:  931 

Depositions  may  be  taken  on,  4:  2083 
Information,   to  set  aside,  0:  241-245 
New  trial,  for,  see  New  Trial 
Notice  of  motion 

How   served,   4:  941,   942 

When  to  be  given,  4:  933 
W^here  to  be  made,  4 :  932 
Motor  Vehicles 
See  Highways 

Collision,  duty  of  driver  in  case  of,  5:  511 
Driving  while  intoxicated 

Causing  death  or  bodily  injury,  punishment,  5:  513 
-  Punishment   in   general.   5:  512 

■        Lien  on  automobiles  for  services  or  safe-keeping,  3:2311,  2312 
P        Purchase  for  Government  establishments,  restrictions,  p.  873,  sec.  78 
Regulations  respecting  licensing,  taxing,  and  operation 

Agreements  with  Panama  for  reciprocal  regulations,  2:  322 

Authority  of  President  to  make  and  enforce,  2 :  321 

Punishment  for  violations,  2:  323 
Taking  for  temporary  use,  punishment,  5;  784 
Transportation  of  automobiles  of  Government  employees,  p.  888,  sec.  823a 

(Unauthorized  use  of  automobile  by  custodian,  punishment,  5:785 
Violation  of  duty  bv  drivers  of  vehicles  in  collision,  punishment,  5:  511 


'I 


INDEX 

Multiplicity  of  Actions 

Injunction  to  prevent,  4 :  342 
Murder 

See  Homicide 
Mutuality 

Of  consent,  3:  836 
Names 

Adopted  children,  3 :  192,  193 
Change  of 

Application,  4 :  1192 
Jurisdiction,  4 :  1191 

Order  to  show  cause  and  publication  thereof,  4 :  1193 
Procedure,  4 :  1192,  1193 
Defendants  in  criminal  actions 

Designation  in  information  when  unknown,  6 :  1S7 
Designation  in  warrant  when  unknown,  6 :  76 

Directing  defendant  to  declare  true  name  on  arraignment,  6 :  230 
Insertion  of  true  name  in  information  when  discovered,  6 :  190 
Divorce,  resumption  of  former  name  on,  3 :  127 
Presumption  of  identity  from  identity  of  name,  4 :  2007 
Narcotics 

Administering  with  intent  to  commit  felony,  5 :  313 
Harrison  antinarcotic  act,  p.  969,  sees.  1040-1391 
Import  and  export  act,  p.  957,  sees.  171-185 
National  Guard 

Application  of  laws  relating  to,  p.  986,  see.  121 
Naturalization 

Residence  in  Canal  Zone  of  certain  alien  declarant.s  accepted,  p.  891,  sec.  389 
Nature 

See  Crime  Against  Nature 
Navigation 

See  Inspection  of  Vessexs  ;  Shipping  ;  Vessels 

Anchorage  and  movement  of  vessels  in  time  of  national  emergency,  2 :  12 

p.  1014,  sec.  191 
Harbors  and  other  waters  of  Canal  Zone,  of,  regulation,  2 : 9 
Licensing  of  officers,  regulation,  2 : 9 
Light  or  signal,  altering  to  endanger  vessel,  5 :  839 
Obstruction  of 

Public  nuisance.  Is,  5 :  551 

Punishment  for  obstructing  navigable  streams,  5 :  840 
Passage  and  control  of  vessels  through  Canal,  regulation,  2 :  9 
Pilots  and  pilotage  in  Canal  and  approaches,  regulation,  2 : 9 
Navy 

Hydrographic  office,  injury  to  signals  or  monuments  erected  by,  5 :  833 

Naval  stations,  sale  or  lease  of  sites  by  Panama,  p.  847,  art.  25 

Panama  Canal  appointees  or  employees  in  naval  service,  deduction  from 

compensation,  2 :  82 
Unlawful  purchase  of  naval  property,  punishment,  5 :  787 
Necessaries 

Drunkenness,  incapacity  by  as  affecting  liability,  3 :  982 
Husband's  liability  for.  3 :  150,  151 
Infants'  contracts  for,  3 :  28,  982 
Insane  person's  liability  for,  3 :  30,  982 

Parent's  liability  for  necessaries  furnished  child,  3 :  177,  178 
Promise  of  child  to  pay  for  those  furnished  parent,  3 :  176 
Wife's  separate  property,  liability  of,  for,  3 :  147 
Negligence  I 

See  Injuries  ;  Master  and  Servant 
Carriers,  of,  see  Cabrieks 

Contract  exempting  one  from  liability  for  negligent  acts,  unlawful.  3 :  932 
Contributory 

Application  of  rule  as  between  master  and  servant,  3 :  1312 
Effect  of  generally,  3:977 

Effect  on  railroad's  liability  for  injury  to  employee,  p.  989,  sec.  58 
Criminal,  as  element  of  crime,  5 :  22 

1166 


ti 


INDEX 

Negligence — ( 'oiitiiuied 

Defined,  5:  5 

Depositary,  of.  see  Depositaries 

Liability  for  negli.wnt  acts  in  general,  3:977 

Loss,  ujion  whom  must  fall,  where  one  of  two  innocent  persons  must  suffer, 
?. :  28(5.") 

Kailroad  employee  causing  death  from  collision,  punishment,  5:524 

.Steam  boilers,  in  management  of,  punislnnent,  5:521-523 

WilUul  acts,  liability  for,  3:977 

Wrongful  death  by,  see  Wrongful  Death 
Negotiable  Instruments 

See   NONNEGOTIABLE   INSTRUMENTS;    WRITTEN    INSTRUMENTS 

Acceptance 

Defined,  3  :  2501,  2591 

Insertion  of  date  where  omitted,  3 :  2333 

Liability  of  acceptor,  3:2403 

Presumption  as  to  date  of,  3 :  2331 

What  acceptor  admits,  3  :  2403 
Accommodation  party,  liability  of,  3  :  2356 
Agent 

Employed  to  collect,  duties  of,  3 :  1363 

Negotiating  instrument,  liability  of,  3 :  2410 

Signature  by,  3  :  2339-2341 
Alteration  of,  3  :  2486,  2487 

Ambiguities  in,  rules  for  construction  in  case  of,  3 :  2337 
Antedating,  effect  of  on,  3 :  2332 

Assignment  by  corporation  or  infant,  effect  of,  3 :  2342 
Bank 

Instrument  drawn  or  indorsed  to  cashier,  3 :  2373 

IMaking  instrument  payable  at,  effect,  3 :  2438 
Bearer,  payable  to  when,  3  :  2329 
Bills  of  exchange,  see  Bills  of  Exchange 
Bills  of  lading,  see  Bills  of  Lading 
Blanks  in 

Completing  instrument  without  authority,  3 :  2335 

Rights  of  holder  respecting  filling  of,  3  :  2334 
Bonds,  see  Bonds 

Cancelation  by  mistake  or  without  authority,  effect  of,  3 :  2485 
Certain,  when  sum  payable  is,  3 :  2322 
Checks,  see  Checks 
Consideration 

Absence  or  failure  of,  as  a  defense,  3 :  2355 

Presumption  as  to,  3  :  2351 ;  4 :  2007 

Wliat  constitutes,  3:2352 
Construction  of,  rules  for,  3 :  2337 
Date 

Antedating  or  postdating,  effect  of,  3 :  2332 

Insertion  of  date  of  issuance  or  acceptance,  3 :  2333 

Presumption  as  to  date  of  drawing,  acceptance,  or  indorsement,  3:  2331 
Defenses,  holder  not  in  due  course  takes  subject  to,  3 :  2398 
Definitions,  3 :  2591 
Delivery 

In  general,  3:2336 

Cleaning  of,  3  :  2591 

Negotiation  by,  warranty  under,  3 :  2406 
Demand,  when  payable  on,  3 :  2327 
Destruction  by  fire,  reestablishment  and  reexecution   of,   action   lies  for, 

3 :  2734 
Discharge  of 

Alteration,  by,  3 :  2486,  2487 

Cancelation   by  mistake  or  without   authority,   effect  of,   3 :  2485 

Payment  by  party  secondarily  liable,  effect  of  and  rights  on,  3 :  2483 

Payment  in  due  course  to  holder,  by,  3 :  2391 

Person  secondarily  liable,  what  acts  discharge,  3 :  2482 


1167 


INDEX 

Negotiable  Instruments — Continued 
Discharge  of — Continued 

Renunciation  by  holder,  effect  of  and  how  made,  3 :  2484 

Wliat  acts  effect  discharge,  3:2481 
Dishonor 

Liability  of  persons  secondarily  liable,  3 :  2435  \ 

Nonpayment  dishonors  when,  3  :  2434 

Notice  of,   3:2441-2470 
Documents   of  title,  see  Bills  of  Lading  ;    Sales  ;    Wakehouskmen  ^ 

Di'awer  i 

Liability  of,  3  :  2402  \ 

Presentment  for  payment  not  required  to  charge,  when,  3 :  24::}0 
Fictitious,   punisluuent    for    making,    possessing,   or   uttering,    5 :  727 
Forged,  possessing  or  receiving,  5 :  726  J 

Forgery  I 

Instrument,  of.  punishment,  5  :  721  ? 

Signature,  of,  effect,  3  :  2343  ' 

Form  of,  3  :  2321  \ 

Grace,  there  are  no  days  of,  3 :  2436  j 

Holder  I 

Instrument    transferred    for    value    without    indorsement,    rights    of, 
3 :  2380 

May  sue  in  his  own  name,  3 :  2391 

Payment  to,  discharges  instrument,  3 :  2391 

Renunciation  by.  how  made  and  effect,  3 :  2484 

Striking  out  of  indorsements  l>y,  3:  2379 

Title  of,  when  defective,  3 :  2395 
Holder  for  value 

Holder  with  lien  deemed,  3 :  2354 

Who  is.  3  :  2353 
Holder  in  due  course 

Absence  or  failure  of  consideration  not  a  defense  against,  3:2355 

Burden  of  proof  where  title  detective,  3 :  2399 

Effect  of  alter:!  tion  on.  3:2486 

Omission    to    give   notice    of    dishonor    by    nonacceptance,    3:2469 

Presumption  of  valid  deliverv  in  favor  of,  3 :  2336 

Rights  of,  3:2397 

Rights  of  where  blanks  filled.  3 :  2334 

Title  of  negotiator  defective  when.  3 :  2395 

What  constitutes  notice  of  infirmity,  3  :  2:^96 

Where  negotiations  uureasonal)ly  delayed.  3:2396 

Where  notice  of  defect  before  full  amount  paid,  3:  2394 

Wlio  deemed  to  !)e,  3 :  2392.  2399 
Holder  not  in  due  course 

Rights   of  where  he  takes   from    a   holder   in   due   course.   3 :  2398 

Takes  subject  to  defenses,  3 :  2398 
Holiday,  last  day  falling  on,  computation  of  time,  3 :  2594 
Incomplete    instrument,    completing    and    negotiating    witliout    authority, 

3 :  2335 
Indorsement  f 

As  to  residue  ^^heI•e  part  paid.  3:  2363  ; 

Back  to  prior  party,  3  :  2381 

Blank.  3  :  2365.  2306  ; 

Conditional,  effect  of.  3 :  2370 

Corjioration  or  infant,  by,  effect,  3:2342 

General,  liabilitv  under.  3:2407 

How  made,  3  :  2362.  2374 

Joint  indorsers,  liabilit.v  of,  3 :  2409 

Kinds  of.  3  :  2364 

IMeaniiig  of,  3  :  2591 

Must  be  of  entire  paper,  3:  2363 

Order  in  which  indorsers  liable,  3 :  2409 

Place  of,  presumption  as  to.  3:2377;  4:2007 

Qualified.  3  :  2369,  2406 

Representative  capacity,  in.  negativing  personal  liability,  3:2375 

1108 


INDEX 

Negotiable  Instruments — Continned 

Inuor.seiiu'iit — ( '(HUiiiucd 

Ilestriotive.  3  :  28G7.  236S 

SiJecial,  3:  2365,  2366,  2871 

Strik.njj  out  indorsements  and  effect  thereof,  3:2379 

To  two  indorsees  severally  not  a  negotiation,  3:2363 

Transfer  lor  value  without,  effect  of,  3 :  2380 

rnqualified,  warrtmt.v  l)y,  3:2407 

Upon  instrument  negotiable  by  delivery,  liability  under,  3:2408 

Where  payable  to  two  or  more  persons  not  partners,  3 :  2372 
Indorser 

One  signing  in  l)lank  before  delivery,  liable  as,  3 :  2405 

Order  in  which  indorsers  are  liable,  3 :  2409 

When  person  deemed,  3  :  2404 
Infant,  indorsement  or  assignment  by,  effect  of,  3 :  2342 
Issuing  to  circulate  as  money,  punishment,  5 :  742 
Language  of,  what  sufhcient,  3 :  2380 

Lav,'  governing  cases  not  within  negotiable  instruments  law,  3 :  2595 
Letters  of  credit,  see  Letters  of  Credit 
Liability,  primary  and  secondary,  3 :  2592 
Maker,  liability  of,  3:2401 
Negotiability 

Continues  how  long,  3  :  237S 

Instrument  payable  upon  contingency  not  negotiable,  3:2324 

Not  affected  by  what  omissions,  3:  2326 

I'rovisions,  what  <lo  and  what  do  not  affect,  3 :  2325 
Negotiation 

Back  to  pri^n-  party,  rights  of  prior  party,  3 :  2381 

By  delivery,  warranty  under,  3:2406 

By  qualified  indorsement,  v.arranty  under,  3 :  2406 

By  unqualified  indorsement,  warranty  under,  3 :  2407 

Deemed  made  before  instrument  overdue,  3 :  2376 

Instrument  drawn  or  indorsed  to  person  as  cashier,  3 :  2373 

Instrument  payable  to  bearer  that  is  specially  indorsed,  3 :  2371    ' 

Instiiiment  specially  indorsed,  how  negotiatetl,  3 :  2365 

Manner  of,  3  :  2361 

Rights  of  indorsee  under  conditional,  qualified,  or  restrictive  indorse- 
ment, 3 :  2368-2370 

What  constitutes,  3  :  2361 

Without  indorsement,  l)y  agent  or  broker,  3 :  2410 
Nonnegotiable,  what  instruments  are,  3:2325 
Notice  of  dishonor,  3  :  2441-2470 
Omissions  in 

Rules  for  construction  of,  3 :  2337 

What  do  not  affect  negotiability,  3 :  2326 
Order 

To  whose  order  may  be  payable,  3 :  2328 

When  payable  to,  3:2328 
Overdue,  when  payable  on  demand,  3 :  2327 
Payable 

At  determinable  future  time,  when,  8 :  2324 

On  demand,  when,  3 :  2327 

To  bearer,  when,  3  :  2329 

To  order,  when,  3  :  2328 
Payment 

Ability  and  willingness  to  pay,  when  equivalent  to  tender,  3:2421 

By  party  secondarily  liable,  effect  of  and  rights  on,  3:2488 

Delivery  up  nf  instrument  on,  3:2425 

Dishoiujre(l  by  nonjiayment,  instrument  is  when,  3 :  2434 

Making  instrument  payable  at  lumk  equivalent  to  order  to  pay,  3:2438 

Recourse  to  persons  secondarily  liable  in  case  of  noupavmen't,  3 :  2435 

Time  for,  3 :  2324,  2436,  2437 

To  holder  discharges  instrument,  3 :  2391 

When  made  in  due  course,  3 :  2439 
Postdating,  effect  of  on,  3  :  2332 

1169 


INDEX 

Negotiable  Instruments — Continued 
Presentment  for  payment 

Provisions  generally,  3  :  2421-2439 

Waiver  of  protest  is  a  waiver  of,  3 :  24G3 
Primary  and  secondary  liability  on,  3 :  2592 
Promise  to  pay  is  unconditional,  when,  3 :  2323 
Promissory  notes,  see  Promissory  Notes 
Protest 

May  be  given  for  nonacceptance  or  nonpayment,  3 :  2470 

Not  required  except  in  case  of  foreign  bills,  3 :  2470 

Waiver  of,  waives  presentment  and  notice  of  dishonor,  3 :  24«)3 
Reasonable  time,  how  determined,  3 :  2593 
Requisites  of,  in  general,  3 :  2321 

Retroactive,  negotiable  instruments  law  is  not,  3 :  2595 
Signature 

By  agent,  rules  as  to,  3 :  2339,  2340 

By  forgery  or  without  authority,  3 :  2343 

By  procuration,  effect  of,  3 :  2341 

In  blank  before  delivery,  liability  under,  3 :  2405 

In  trade  or  assumed  name,  3 :  2338 

Lialiility  where  signature  does  not  appear,  3 :  2338 

Presumption  of  consideration  for,  3  :  2351 ;  4  :  2007 
Sum  certain,  when  sum  payable  is,  3:2322 
Sunday,  last  day  falling  on,  computation  of  time.  3 :  2594 
Transfer  for  value  without  Indorsement,  effect  of,  3 :  2380 
Unconditional,  promise  to  pay,  when  is,  3 :  2323 
Validity,  what  facts  do  not  affect,  3 :  2326 
Value 

Omission  of  statement  of,  effect,  3 :  2326 

What  constitutes,  3 :  2352 
Warehouse  receipts,  see  Warehousemen 
Warranty 

On  negotiation  by  delivery  or  qualified  indorsement,  3:2406 

On  unqualified  indorsement,  3 :  2407 
Neutrality 

Canal,  of,  treaty  stipulations  respecting,  p,  838,  art.  3 ;  p.  845,  art.  IS 
Offenses  against,  p.  900.  sees.  21-39 

Protocol  of  agreement  with  Panama  relating  to,  p.  855 
Newspapers 

Circulation,   misrepresentation   of,   5:706 
New  Trial 

Affidavits  and  counter-affidavits,  4 :  533,  534 
Application  for,  manner  of  making,  4 :  533 
Defined,  4 :  531 

Filing  of  notice  and  affidavits.  4 :  534 
Grounds  for 

In  general,  4  :  532 

Prevention  of  verdict  or  discharge  of  jury.  4 :  470 
Hearing  and  disposition  of  motion,  and  time  therefor,  4:535 
Judgment   notwithstanding    verdict,    rendering    on    motion   for    now    trial, 

4:486 
Minutes  of  court,  basing  application  on,  4 :  533 
Notice  of  intention  to  move  for,  4 :  534 
Probate  proceedings,  in,  4 :  1689,  1691 

IN   CRIMINAL  ACTIONS 

Defined,  6 :  451 

District  court,  in,  on  appeal  from  magistrate's  court,  6:134 

Effect  of  granting,  6:456 

Grounds  for 

Eniuneration  of.  in  general,  6 :  4.52 

Failure  of  jury  to  agree  as  to  some  of  defendants.  6:  415 

Special  verdict  defective,  6 :  411 


1170 


( 


INDEX 

New  Trial — Continued 
Motion  for 

Hearing  and  detonnination,  ♦> :  4.T) 
Specification  of  grounds  in,  6:454 
Time  for  making,  G :  453 
Written,  to  be,  G :  454 
Nonnegotiable  Instruments 

Documents  of  title,  see  Bili.s  of  Lading;  Sales;  Wauehouskmkn 
Transfer  of 

Are  transferable  )).v  indorsement,  3 :  713 
Effect  on  defenses,  4  :  123 
Wbat  instruments  are  nonnegotiable,  3:2324,  2325 
Nonresidents 

Actions  between,  jurisdiction,  4 :  121 
Coi'porations,  see  Foreign  Corporations 
Distributee  of  estate,  agent  for,  4 :  1661-1665 
Distribution  of  estate  of,  4 :  1624 
Missing  persons,  see  Missing  Persons 
Publication  of  summons,  4 :  168,  182 
Service  of  notices  and  papers  on,  4 :  946 
Wards,  4:1801-1807 
Nonsuit 

Grounds  for,   4  :  415 
When  may  be  entered,  4 :  415 
Notaries  Public 

Acknowledgments,  may  take,  3 :  491-493,  512 
Affidavits,  may  take,  4  :  2074 
'         Appointment  and  regulation  by  Governor,  2 :  211 

Customs  officer  performing  notarial  service,  fee,  2 :  67 
Depositions,  may  take,  4 :  2101 
Oaths  and  affirmations,  may  administer,  4:  2171 
Protest  of  bills,  may  make,  3 :  2533 
Notes 

See  Negotiable  Instruments  ;  Promissory  Notes 
Not  Guilty 

Plea  of,  see  Plea 
Notice 

See  subject  in  question 

Actual  or  constructive,  is,  3:  13 

Constructive 

Imputed  by  law,  is,  3:  13 
Records  of  registrar  of  property  as,  4 :  967 
When  deemed,  3 :  14 
Construed  according  to  ordinary  acceptation  of  terms,  4:  1883 
Defacing  posted  notices,  punishment,  5 :  842 
Defectively  entitled,  effect  of,  4 :  952 
Form  and  requisites  of,  4 :  941 
Motion,   of 

How  served,  4 :  941,  942 
Time  for,  4:  933 
Probate  proceedings,  in 

Personal  notice  given  by  citation,  4 :  1686 
Petition  for  probate,  notice  of,  4 :  1216 
Service  on  guardian,  4:  1694 
J         Publication,  affidavit  to  prove,  4 :  2072,  2073 
Requisites  of,  4:  941 

Right  to,  after  appearance  in  action,  4 :  945 
Service  of,  in  general,  4:  941-947;  see  Service 
Trial,  notice  of,  4:  437 

Writing,  notice  to  produce,  4 :  1970 ;  see  Evidence 
Novation 

Defined,  3:  781 

Made  by  a  contract,  3:  783 

Modes  of,  3:  782 

Rescission  of,  grounds  for,  3:  784 

Subject  to  rules  governing  contracts,  3 :  783 

1171 


INDEX 

Nuisance 

Defined,  3:  2801 
Private 

Abatement  does  not  preclude  action,  8:  2805 

Defined,  3:  2S03 

Remedies  for,  3:  2821;  4:  651 
Public 

Abatement,  3:  2812,  2815;  4:  651 

Action  for,  3:  2812,  2814;  4:  651 

Defined,  3  :  2802  ;  5  :  551 

Information,  remedy  by,  3:  2813;  5:  552 

Lapse  of  time  does  not  le.ualize,  3:  2811 

Private  action  for,  3:  2814 

Punishment  for  committing  or  maintaining,  5 :  552 

Kemedies  for,  enumerated,  3 :  2812 
What  not  deemed  a,  3 :  2804 
Number 

Singular  as  including  plural  and  vice  versa,  3:  12;  4:  8;  5:  5 
Oath 

Affirmation 

Form  of,  4 :  2172-2175 

Oath  includes,  3:  12;  4:  8;  5:  5 
Declaration,  oath  includes,  3:  12;  4:  8;  5:  5 
Defined,  3  :  12  ;  4 :  8  ;  5  :  5,  141 
Form  of,  4:  2172-2175 
Irregularity  as  defense  to  perjury,  5 :  144 
Who  may  administer 

Certain  Canal  officers,  2 :  41 

Clerk,  notaries,  and  persons  authorized  to  take  testimony,  4:  2171 

Judges  and  judicial  officers,  4 :  23.  31,  2171 

Magistrates,  4:23,  31,  2171;  6:111 

Officer  taking  proof  of  instrument,  3 :  507 

Public  administrator,  4  :  1716 
Obligations 

See  Contracts 
Accord 

Defined,  3 :  771 

Efi^ect  of,  3 :  772 
Alteration  of  contracts,  see  Alteration  ;  Contracts 
Alternative  obligations,  3  :  701-704 
Application  of  performance.  3 :  727 
Arise  from  contract  or  operation  of  law,  4  :  13 
Burden  of 

Not  transferable  witliout  consent,  3:711 

One  taking  benefit  must  bear,  3 :  2843 
Conditions 

Impossible  or  unlawful,  void.  3 :  698 

Involving  forfeiture,  construed  strictly,  3 :  699 

Kinds  of,  3  :  692 

Obligations  are  conditional,  when,  3 :  691 

Performance  excused   on   refusal  of  other  to  perform,  3 :  697 
Conditions  concurrent 

Ability  and  offer  to  iterfoi-m  essential,  3:696 

Defined,  3:694 
Conditions  precedent  ' 

Defined,  3  :  693  I 

Must  be  performed.  3  :  696  j 

Conditions  subsequent,  defined,  3 :  695  ff 

Consideration  \ 

Contracts,  for.  see  Contracts  "' 

Existing  legal  obligation  as,  3:862  i 

Ratable  proportion  when  performance  prevented.  3  :  763 
Construction  ot  contracts,  see  Contracts 


1172 


f 


INDEX 

Obligations — rontiiiued 

Conlrilnitioii  lictwoen  joint  or  joint  and  several  obligors,  3:683 
Created  liow,  3  :  662 
Damages  for  l>reach  of 

In  general,  see  Damages 

Limited  to  reasvnahle  amount.  3:2675 

Obligations  not  arising  from  contract,  3:2661 
Defined,  3:661 
Extinguishment 

B.v   full  performance  by   obligor   or   another  for  him,  3 :  721 

By  offer  of  payment  and  deposit  to  creditor's  account.  3:746 

By  offer  of  performance  when,  3:  731 

By  part  performance.  3:  774:  »cH>  Accord  (ind  Satisb'aotion 

By  performance  at  direction  of  creditor,  3:  724 

By  iierformance  by  one  of  several  joint  obligors,  3:7-2 

By  release,  3  :  791-793 

Proportionally  by  partial  performance,  3  :  72o 
Forfeiture 

Construed  how,  3  :  699 

For  noncompliance  with   terms,   relief  on   making  full   compensation, 
3 :  2612 
How  arise.  3  :  662 
Imposed  by  law,  3  :  971-978 
Interest  on 

Right  to  recover,  3  :  2632 

Stojjped  by  offer  of  performan_ce,  3 :  750 
Interitretation,  general  rules  of,  3 :  671 ;  see  Contracts 
Joint 

Conlribution  between  obligors,  3:683 

Performance  to  one  as  an  extinguishment  of  obligation,  3 :  723 

Presumption  in  favor  of,  3 :  682 

Release  of  joint  debtors,  3 :  793 
Joint  and  several,  contribution  between  obligors.  3 :  683 
Joint,  several,  or  joint  and  several,  may  be,  3 :  681 
Law  imposes  what,  3  :  971-978 
Mistake,  see  Mistake 
Novation,  3 :  781-784 
Offer  of  performance 

Ability  anil  willingness  essential,  3:741 

Accessories,  effect  on,  3:750 

By  whom  to  be  made,  3 :  733 

Conditions 

Dependent  on  performance  of,  3 :  744 
Must  be  free  from,  3 :  740 

Contracts,  see  Contbacts 

Custody  and  care  of  thing  offered,  3 :  749 

Delay  in  and  compensation  therefor.  3 :  738 

Excused  by  what  acts.  3 :  697.  761 

Extinguishes  obligation  when,  3 :  731,  746 

Manner  of  offer,  3  :  739 

Objections  not  stated  are  waived,  3 :  747 

Partial,  of  no  effect,  3 :  732 

Prevention,  effect  of,  3  :  762,  763 

Production  of  thing  offered,  3  :  742 

Refusal  to  accept  before  offer  of.  eft"ect  of,  3 :  764 

Retention  by  creditor  of  thing  offered,  3 :  751 

Thing  offered  to  be  kept  separate,  3 :  743 

Title  to  thing  offered  passes,  when,  3 :  748 

To  whom  to  be  made,  3 :  734 

When  may  be  made,  3 :  736,  737 

Where  may  be  made,  3 :  734,  735 
Ownership  of,  3  :  252 
Payment 

Application  to  obligations,  3 :  727 

Defined,  3 :  726 

1178 


INDEX 

Obligations — Continued 
Performance 

Application  of  act  by  Avay  of,  3 :  727 

By  one  joint  debtor,  effect  of,  3:  722 

Contracts,  see  Contkacts 

Directions  by  creditors,  effect  of,  3 :  724 

Excused  by  what,  3 :  697,  761 

Notice  ttiat  one  will  not  perform,  3:  697 

Of  conditions,  when  essential,  3 :  696 

Offer  of  performance,  see  that  subhead,  sup.ra 

Partial,  effect  of,  3 :  725,  774 

Receipt  for  property  delivered  may  be  demanded,  3:745;  4:2102 

Time  of,  3  :  736,  737 

To  one  joint  creditor,  effect  of.  3 :  723 
Receipt,  right  to  require,  3 :  745 ;  4 :  2152 
Release 

Extinguishes  obligation,   3  :  791 

General,  does  not  release  unknown  claims,  3 :  792 

Of  one  of  several  joint  debtors,  effect,  3 :  793 
Restoration  of  thing  wrongfully  acquired,  3 :  975,  976 
Satisfaction 

Defined,  3 :  773 

Part  performance  in,  3 :  774 
Statute  of  frauds,  in  general,  3 :  886,  984 ;  4  :  2015,  2017 
Transfer 

Burden  of  obligation,  right  of,  3 :  711 

Nonnegotiable  instruments,  of,  3 :  713 

Rights  arising  out  of  obligations  are  transferable,  3:  712 
Trustees,  of,  see  Trusts 
Obscene 

Exhibition,  procuring  another  to  make,  5  :  451 

Impoiting  or  transporting  obscene  matter,  p.  934,  sec.  396 

Mailing  obscene  matter,  p.  920.  sec.  334 

Songs,  singing,  punishment,  5  :  451 

Writings,  publications,  or  pictures 

Destruction  of,  5 :  454 

Determination  of  indecent  character,  5:453 

Information  for  selling,  6:  205 

Offenses  respecting,  5  :  451 

Seizure  of,   5  :  452 
Occupations 

Regulations  concei'ning  carrying  on,  2:401,  402 
Offenses 

See  Crime;  Fet.ony  ;  Misdemeanor 
Offer 

How  revoked,  3  :  843 
When  revoked,  3:842 
Offer  of  Performance 

See  Contracts  ;    Obligations 
Offer  to  Compromise 

Admits  nothing,  4:2154 
Generally,  4:911 
In  magistrate's  court,  4:797 
Proceedings  on,  4  :  911 
Office 

See  Officers 

Buying  appointment  to,  5  :  96 
Executive  office  defined,  5  :  91 

Exercising  functions  of,  without  authority,  5:100,  101 
Forfeiture  of,  effect  of  conviction  of  crime,  5:9 
Intrusion  into,  when  not  appointed,  5 :  101 
Officers 

Acknowledgments,  what  officers  may  take,  see  Acknowledomknts 
Acting  as,  in  tr:insactions  with  firm  in  which  interested,  5:97 
Arrests  by,  .see  Arrest 

1174 


I2JDEX 

Officers— Continued 

Assault  under  color  of  authority,  pnuisluiiont,  5:  176 

Bond  unnocessary  in  aetion  in  official  capacity,  4 :  9GS 

Bribe,  asking;  or  receiving,  5 :  93,  122 

Bribery  of,  5:92,  121 

Buyins  appointment,  5  :  9G 

Certiticates,  see  Certificates 

Claims,  fraudulently  presentint?  to.  5:102 

Conimunications  to,  when  privilefxed,  4:19<)4 

Disbursing,  presenting  fraudulent  claim  to,  5 :  102 

Embezzlement  by,  5 :  022,  662 

Emolument,  asking  or  receiving,  5:  94,  95,  123 

Entries  by.  as  evidence,  4 :  1946,  1951 

Escape,  aiding  or  permitting,  punishment,  5:202 

Executive  officer  defined,  5 :  91 

Exercising  functions  without  authority,  5:  100,  101 

Extortion  under  color  of  official  right,  punishment,  5 :  684 

Failure  to  perform  duty,  punishment,  5 :  98,  99 

False  certiticates,  issuing,  a  felony,  5 :  183 

Government,  of 

Contributions  or  presents  to  superiors,  p.  874,  sec.  113 

Extra  allowances,  p.  872,  sec.  70 

Extra  compensation  or  perquisites,  p.  872,  sec.  71 

Extra  services,  p.  871,  sec.  09 

Fees  or  dues  in  societies,  p.  873,  sec.  83 

Holding  other  lucrative  oliice,  p.  871,  sec.  02 

Leave  of  officers  in  reserve  corps,  p.  891,  sec.  371 

Receiving  salary  from  source  other  than  United  States,  p.  871,  sec.  6i 

Subsistence  expense  act,  p.  887 

Transportation  of  automobiles  of,  p.  888,  sec.  823a 

Travel  on  ships  of  American  registry,  p.  996,  sec.  891  r 

Traveling  expenses,  p.  872,  sees.  73-73b 

Withholding  salary  when  in  arrears,  p.  873,  sec.  82 
Governor,  see  Goveknoi:  of  the  Panama  Canal 
Habeas  corpus,  failure  to  obey,  a  felony,  5 :  191 
Information,  disclosure  of  making  for  felony  before  arrest,  5 :  182 
Interest  in  firm  with  which  ])usiness  transacted,  5 :  97 
Joint  authority,  majority  may  exercise,  5 :  4 
.Judgment  against,  conclusive  against  indemnitor,  when,  4 :  961 
.Judicial,  see  Judicial  Officees 
Lien  of  officer  levying  writ,  3 :  2316 
Official  acts,  how  proved,  4 :  1944 
Omission  to  perform  duty,  punishment,  5 :  98,  99 
Oppression  under  color  of  authority,  punishment,  5 :  176 
Panama  Canal,  of,  see  Panama  Canal 
Particular  officer,  see  particular  title 
Peace  officers,  see  Peace  Officers 
Pi-esumptions  respecting,  4  :  2007 
Privileged  counnunications,  4 :  1904 

Proof  of  instruments,  powers  of  officers  authorized  to  take,  3 :  507 
Public  moneys,  offenses  by  officers  respecting,  5 :  621-625,  662 
Records 

Destruction  or  mutilation,  5 :  103 

Forging,  stealing,  or  mutilating,  punishment,  5 :  131 

Public,  duty  to  give  copies,  4 :  1921 
Rescuing  person   or  property  from   custody,   as  contempt,  4 :  1163 ;   5 :  21- 
Resisting  officer,  punishment  of,  5 :  104,  178 
Retaking  or  injury  to  property  in  custody  of,  5 :  179 
Reward,  asking  or  receiving,  5:94,  95,  123 
Riot,  neglect  to  suppress,  punishment,  5 :  600 
Seizure  of  property  without  authority,  a  misdemeanor,  5:173 
Survival  of  actions  against  Canal  Zone  officers,  p.  984,  sec.  780 
Violation  of  law  respecting  duties,  punishment,  5 :  98 
\\'itiihu;ding  l)(i(iks  or  rccdrds  from  successor,  5:103 
Witiies.ses,  as,  4  :  1904 

1175 


INDEX 

Opinions 

When  admissible  as  evidence,  in  general,  4 :  1888 
Opium 

See  Narcotics 
Oral  Examination 
See  Witnesses 
Oral  Obligations 

See  Statute  of  Frauds 
Order  of  Proof 

See  Evidence 
Orders 

See  Motions 

Amend,  power  of  court  to,  4 :  23 
Conclusiveness  of,  4 :  1934.  1935,  2006 
Defined,  4 :  931 

Disobedience  to,  as  contempt.  4  :  1163  ;  5 :  212 

District  judge  may  make  vvliile  al)sent  from  Canal  Zone,  7:31,  32 
Enforcement  of  by  execution,  4:934 
Ex  parte  orders,  vacation  and  modilication  of,  4 :  S()l 
Former,  pleading  and  evidence  of.  4 :  2006 
Power  of  judicial  oflicers  to  compel  obedience  to,  4:31 
Probate  proceedings,  in.  what  to  contain,  4:1681 
Relief  from,  for  mistake,  surprise,  neglect,  etc.,  4:275 
Service  on  guardian  in  probate  proceedings,  4:  1694 
Vacation  or  modification  of  ex  parte  orders,  4 :  861 
Where  may  be  made,  4 :  932 
Organic  Act 

Reservation  of  rights  respecting,  2 : 1 
Overt  Act 

Necessity  of,  to  constitute  conspiracy,  5 :  82 
Proof  of,  on  trial  for  conspiracy,  6 :  378 
Ownership 

See  Property 
Panama  Canal 
Accounting 

By  collecting  officers  of  Canal,  2 :  32 

Consolidation  of  functions  respecting  various  funds,  2:31 
Examination  of  account«  by  General  Accounting  Office,  2 :  33 
Antitrust  laws.  Canal  closed  to  violators  of,  2 :  11 
Army  control  in  time  of  war,  2:8 
Boundary  or  survey  monuments,  injury  to,  5 :  833 
Business  operations 

Providing  materials  and  services  for  vessel«,  2:51 
Receipts  from   such   business,  2 :  52 
Canal  Zone,   see  Canal  Zone 
Closed  to  violators  of  antitrust  laws,  2 :  11 

Colombia,  rights  of  in  respect  to  Canal,  p.  864,  art.  1 ;  p.  866,  art.  1 
Commissaries  or  clubhouses,  altering  checks  of,  5:741 
Construction  of,  treaty  provisicms  with   Great  Britain  respecting,  p.   837, 

art.  2 
Damages  for  injuries  to  vessels,  etc.,  in  parsing  through  locks,  2 :  10 
Designation,  2 :  2 
Employees 

Compensation    for    injuries.    2:121-123    .see    Injuries    to    Canai.    and 

Raii.koad    KMPI,0YFaCS 
In  general,  2:81-123;  see  Employees 
Retirement,  2:91-107;   see  Retirement 
Ferry  near  I'acific  entrance.  2:341,  342 
Funds 

Accounting  for,  2:31-33 
Offenses  respecting,  5:  621 -((24 

Refund  of  amounts  erroneously  received  as  tolls,  2:414 
Governor  of.  see  Govehnok  ok  the  Panama  Canal 
Injury  to  Canal 

Causing  death,    as   mtn-der.   5:255 
Punishment.  5 :  821 

1176 


INDEX 

Panama  Canal — roiitiimod 

Labor   train,    riding   on    \vitlio\it    auUioritv,    ijunisliinenf,    r):8:i0 
Locks 

Damages  for  injuries  to  vessels,  etc.,  in  passing  through,  2:10 

Injury  to  or  obstruction  of,  jiunishnient,  5:255,  821 

Passage    of    vessels    througli    hicl^s    and    approaches,    regulation,    2:0 
Loitering  about  buildings  or  caniits,  punishment,  5 :  C03 
Monopoly  for  construction  and  ojieration,  grant  to  United  States,  p.  841, 

art.  5 
Neutralization   of,   treaty   stipulations    respecting,   p.   838,    art.  3 ;    p.    845, 

art.  18 
(Obstruction  of  Canal 

Causing  death,  as  murder,  5 :  255 

Punishment,  5 :  821 
Officers 

Acting  in  transactions  with   tirm   hi   which   interested,  5 :  97 

Administration  of  oaths  to  cei-t:fy  papers,  2:41 

Books  and  papers,  compelling  production  before,  2:42,   43 

In  general,  see  Officers 

Offenses  by  and  against,  5 :  91-104 

Witnesses,  compelling  attendance  before,  2:42,  43 
Operation 

By  President  through  Governor  and  others.  2 :  5 

Regulations  governing,   2  :  0 
Panama  Canal  act,  reservation  of  rghts  respecting.  2 : 1 
Panama,   vessels,   troops,   and    munitions   of,   free   transportation,   p.   846. 

art.  19 
Passage  and  control  of  vessels  througii.  regulations,  2:9 
Peddling  about  laborers'  camp  or  where  "groups  are  at  work.  i)unishment. 

5:603 
Pilots  and  pilotage,  regulations,  2 : 9 
Ports  at  entrances 

Freedom  from  taxes  or  charges,  p.  843,  art.  9 

Panamanian  customs  houses  and  guards,  p.  843,  art.  9 
Protection  of  Canal  and  auxiliary  works,  p.  847,  art.  23 
Purchase  of  supplies  without  advertising  where  amount  does  not  exceed 

$500,  2:351 
Regulation  and   management,   treaty   provisions  respecting,  p.   837,   art.   2 
Rights  of  United  States  incident  to  construction  of,  p.  837,  art.  2 
Signs,  placing  on  public  proi)erty.  5 :  848 
Taxation    by    Panama,    exemption    of   Canal   and    appurtenances,    p.    843, 

art.  10 
Tolls 

Authority  of  Pi-esident  to  prescribe  and  change,  2:411 

Bases  of  tolls,  2  :  412 

Maximum  and  minimum  rates,  2:412 

Refund  of  amounts  erroneously  received,  2:414 

Restrictions  on  construction  of  1914  amendment,  2 :  413 

Treaty  provisions  respecting  equality,  p.  838.  art.  3;  p.  845,  art.  18 
Trespassing  upon  property  after  posting,  punishment.  5 :  844 
Wireless    telegraphic    installations,    maintenance    in   connection    with    op- 
eration, 2:  421 
Panama,  City  of 

Acquisition  of  property  in.  right  of  United  States,  p.  842,  art.  7 

Boundary  between  Canal  Zone  and,  p.  849,  art.  3 

Canal    auxiliaries    and    employees    in,    exemption    from    taxation,    p.    843, 

art.  10 
Freedom  from  charges  on  certain  vessels,  p.  843,  art.  9 
Harbor  of.  boundaries,  p.  851,  art.  4 
Public  order,  maintenance  in.  p.  842.  art.  7 
Sanitation,  enforcement  of,  in,  p.  842,  art.  7 
Sewer  system  in,  p.  842,  art.  7 
Sewerage  rates  in,  p.  842,  art.  7 


93083—34 75  II77 


INDEX 

Panama,  City  of — Continued 

Use  of  city  and  harbor  by  United  States,  p.  843,  art.  9 
Water  rates  in,  p.  842,  art.  7 
Water  system  in,  p.  842,  art.  7 
Panama  Railroad  Company 
See  Caurieks;  Raileoads 

Annual  payment  to  United  States  not  required,  2:  221 
Bond,   not  required  to  give,   in  contracts  with  Government   departments, 

2:  223 
Colombia,  rights  of  in  respect  to  Railroad,  p.  864,  art.  1 
Contracts  with  departments  of  Government,  2:  223 
Crossings,  operation  of  street-railway  cars  at,  2 :  332 
Employees 

Compensation  due  deceased  or  insane  employee,  payment,  4 :  1705 

Compensation   for  injuries,   2:  121-123;   see  Injuries  to   Canal  ano 
Railroad  Employees 

Exemption  from  taxation  by  Panama,  p.  843,  art.  10 

Liability  for  injuries  to,  p.  989,  sees.  52-59 

Retirement,  2 :  91-107 ;  see  Retirement 
Free  transportation  of  persons  in  service  of  Panama,  p.  846,  art.  19 
Funds 

Offenses  respecting,  5 :  621-624 

Receiving,  disbursing,  and  accounting,  2:  31 
Hours  of  work  for  telegraph  oi^erators  and  train  dispatchers,  2 :  224 
Insurance  to  cover  marine  or  fire  losses,  not  to  be  carried,  2 :  222 
Laljor  train,  ritling  on  without  authority,  punishment,  5 :  830 
Loitering  about  buildings  or  camps,  punishment,  5 :  603 
Officers 

Acting  in  transactions  with  firm  in  which  interested,  5 :  97 

Offenses  by  and  against  5 :  91-104 
Peddling  about  laborers'  camp  or  where  groups  are  at  work,  5 :  603 
Placing  signs  on  proi>erty  of.  5 :  843 

Providing  materials,  supplies,  and  services  for  vessels,  2:  51 
Receiving,  disbursing,  and  accounting  for  funds,  2 :  31 
Safety  appliances.  2:  241-244 

Trespassing  upon  property  after  posting,  5 :  844-846 
Panama,  Republic  of 

Access  to  Colon  harbor,  easement  for,  p.  854,  art.  7 
Annual  pa.vment  for  rights  and  privileges  in.  p.  844,  art.  14 
Boundaries  agreed  to  by  Colombia,  p.  865,  art.  3 
Change  in  government,  laws,  or  treaties  of,  p.  S47,  art.  24 
Convention  with 

For  construction  of  canal,  p.  839 

For  establishment  of  boundaries,  p.  848 

For  settlement  of  claims,  p.  856 

Modifying  claims  convention,  p.  861 

Transit  of  liquors  through  Canal  Zone,  p.  862 
Customs  houses  and  guards,  establishment  in  ports,  p.  843.  art.  9 
Estate  of  intestate  alien  leaving  heirs  in,  disposition,  4 :  1706 
Extradition  fi'om  Canal  Zone  to  Panama,  6:  881-892;  see  Extradition 
Highways  and  vehicles,  agreements  for  reciprocal  regulations,  2:  322 
Immigration  and  free  access  of  Canal  employees,  to  permit,  p.  844,  art.  12 
Independence  of,  p.  840,  art.  1 

Insane  patients  from,  receiving  at  Corozal  Hospital,  4:  1762 
Military  service,  exemption  of  Canal  employees,  p.  844,  art.  12 
Modification  of  incompatible  treaty  provisions,  p.  846,  art.  20 
Neutrality,  protocol  of  agreement  relating  to,  p.  855 
Ofiicial  dispatches  of,  rates  for  transmission,  p.  8  14,  art.  11 
Persons  in  service  of,  free  transportation  on  railroad,  p.  846,  art.  19 
Ports  of,  use  as  i-efuge  for  vessels,  p.  845,  art.  17 
Railway  across  Sal)anas,  not  to  construct,  p.  854,  art.  9 
Recognition  by  Colombia,  p.  805.  art.  3 

Renunciation  of  rights  under  concessionary  contracts,  p.  846,  art.  22 
Rights  granted   ])v,   freedom   from   anterior  debts   or  concessions,   p.   846, 
art.  21 

1178 


INDEX 

Panama,  Republic  of — Continued 

Sahanas  road,  maintenance  of,  p.  854,  art.  8 

Taxes,  exemption  of  Canal,  auxiliaries,  and  employees  froiu.  p.  843,  art.  10 

Vessels,    troops,    and    munitions,    free    transportation   ov*  !    <'anal,    p.    846, 

art.  19 
Wireless  telegraphic  installations 

Acceptance  and  transmission  of  messages  of,  2 :  421 

Agreement  respecting  location,  2 :  421 
Papers 

Defectively  entitled,  effect  of,  4:  952 
Lost,  how  supplied,  4 :  951 
Production  of,  see  PRonucaiON  of  Documents 
Service  of,  4 :  941-947 ;  see  Service 
Pardons 

Governor  may  grant,  2 :  261 
Parent  and  Child 
See  Infants 
Abandonment  of  child 

Exposure  with  Latent  to  abandon,  punishment,  5 :  443 

Parent  forfeits  guardianship  by,  3 :  208 

Punishment,   5 :  441 
Abduction,  enticement,  or  seduction  of  child  forbidden,  3 :  47 
Abuse  of  parental  authority,  remedy  for,  3 :  173 
Allowance  to  parent  out  of  child's  property  for  its  support,  3:171 
Annulment  of  marriage,  institution  of  suit  by  parent,  3 :  56 
Authority  of  parent  ceases,  when,  3 :  174,  181 
Compensation  of  adult  child,  3 :  180 
Compromise  by  parent  of  claim  of  child,  4 :  1824 
Control,  parent  may  relinquish,  3 :  181 
Custody 

Divorce,  on,  see  Divorce 

Exclusive,  action  for,  3 :  169 

In  general,  3:167 

Illegitimate  child,  of,  3 :  170 

Modification  of  orders  or  decrees  relating  to,  3 :  169 

Pending  guardianship,  4 :  1721 

Preference  between  parents,  3 :  167,  168 

Relinquishment  by  parent,  3 :  181 

Rules  for  awarding,  3:208 

When  parents  separated,  3:168 

Wliere  marriage  annulled,  3  :  58 
Earnings  may  be  paid  to  child,  3 :  182 
Education,   3 :  166,   168,   171,   173 
Emancipation  of  child,  3 :  181 
Guardian  and  ward,  see  Guardia  \  and  Ward 
Legitimacy,  see  Legitimacy 
Majority  ends  parental  authority,  3 :  174 
Marriage  of  minors 

Consent  of  parents,  3 :  60 

Ends  parental  authority,  3 :  174 
Mendicant  purposes,  disposition  of  child  for,  5:442 
Necessaries 

Child's  liability  on  promise  respecting  those  furnished  parent,  3 :  176 

Parent's  liability  for  those  furnished  child,  3 :  177,  178 
Nonsupport  of  child,  punishment  of,  5 :  441 
Posthumous     children,     pi'operty     rights     of,     3 :  291 ;     see     Posthumous 

Children 
Pretermitted  child  or  issue  of  child,  rights  of,  3 :  555 
Property  of  child 

Allowance  from,  for  support,  3 :  171 

Parent  has  no  control,  3 :  172 
Protection  of  person  or  property  of  parent  or  child,  use  of  force,  3 :  4S 
Relinquishment  of  control  of  child,  3 :  181 
Residence  of  child.  3 :  183 
Seduction  of  daughter,  father  or  mother  may  sue  for,  4 :  130 

1179 


INDEX 

Parent  and  Child — Continued 

Services 

Adult  child,  of,  no  couipeusatiou  for,  3 :  180 

Child,  of,  iu  general,  3 :  167 

Illegitimate  child,  of,  3 :  170 

Stepchild,  of,  liability  for,  3 :  179 
Substituting  one  child  for  another,  punishment,  5 :  234 
Support 

Adult  child,  of,  no  compensation  for,  3 :  180 

Allowance  to  parent  out  of  child's  property,  3: 171 

During  separation  of  parents,  3 :  135 

Mutual  obligations  of  parent  and  child,  3 :  176 

Necessaries,  liability  of  parent  for,  3:177 

Obligation  of  parents,   in   general,  3 :  160 

On  divorce  of  parents,  3 :  120.  123 

Provision  for.  though  divorce  denied,  3 :  115 

Punishment  for  nonsupport,  5 :  441 

Remedy  when  parent  dies  without  providing  for,  3 :  175 

Requiring  of  defendant  on  probation.  6 :  501 

Stepchild,  of,  husband  not  liable  for,  3 :  179 

AVhen  parent  not  liable  for  support   furnished  child.  3:178 
Taking  or  enticing  child  from   parent,   punishment.   5:283 
Will,  child  born  after  making  of  will,  rights  of,  3 :  554 
Paroles 

Permit  to  habitual  criminal  to  be  at  liberty,  5 :  75,  76 
Parol  Evidence 

See  E\'iDENCE 
Parol  Obligations 

See  Statute  of  Fkauds 
Particulars 

Bill  of,  4:253.  786 
Parties 

Adding.  4 :  145,  275 

Additional,   how   brought  in,  4 :  145 

Administrator,  as.  4  :  124 

Aliens,  actions  between,  4  :  121 

Amendment  changing.  4 :  275 

Assignee  of  chos^e,  defenses  not  prejudiced,  4 :  123 

Associates  may  sue  or  be  sued  by  connnon  name,  4 :  144 

Beneficiaries  need  not  be  joined  when.  4 :  124 

Common  interest,  one  nniy  sue  or  defend  for  all,  4: 13S 

Criminal  actions,  to 

Are  classified  as  principals  and  accessories,  5:  51 

Defendant,  see  Defeindant 

Designation  of  party  prosecuted,  C :  7 

Who  are,  6 :  5 
Death 

Effect  of.  4  :  141 

Filing  or  presentment  of  claim,  4:  1483 
Defendant 

In  actions  to  determine  adverse  claims  to  realty,  4: 137 

In  criminal  actions,  see  Defendant 

Proceedings  wliere  part  only  served,  4:  167 

Substitution  for,  4  :  142 

Those  united  in  interest  to  be  joined  as,  4:  138 

Who  may  l)e  joined.  4 :  133-140 

Who  must  be  joined.  4:  138 
Designed  as  plaintiff  and  defendant,  4:72 
Disability  of,  effect,  4  :  141 
Executor  as,  4  :  124 

Fictitious  name,  when  party  may  be  sued  by,  4:  276 
Forcil>le  entry  and  delainer,  in,  4:  1145,  1146 
Guardian  ad  lit<Mn,  how  appointed,  4 :  128 
Heirship,  in  action  to  determine.  4:1621 
IIusl)and  and  wife,  4 :  125,  126 

1180 


INDEX 

Parties — Conl  inuod 

Interploader,  wlu'ii  and  how  maintained,  4:142 

Intervention,  4:  l-i;? 

Joinder 

As  defendant  on  refusal  to  join  as  plaintiff,  4:  138 
Executors  not  qualifying,  unnece^^sary,  4:1527 
Defendants,  of 

Doubt  as  to  one  liable,  4  :  136 

In  action  to  de  ermine  adverse  claims  to  real  property,  4:  137 
In  general,  4  :  1,S3-140 
Order  preventing  (  mbarrassment,  4  :  136 
Husband,  of,  in  action  against  wife,  4:  125,  126 
Insurers,  of,  in  separate  jndicies,  4:  139 
Parties  holding  under  a  common  source  of  title,  4 :  140 
Persons?  benoticially  interested,  not  necessary,  4 :  124 
Sureties,  4 :  139 

Those  severally  lialile  upon  one  obligation,  4: 139 
Those  united  in  interest,  4:  132,  138 
Joint  debtors,  after  judgment,  4 :  901 ;  see  Joint  Debturs 
^larried  woman  as  party,  joinder  of  husband,  4 :  125,  12'! 
Name,  fictitious,  suing  party  by,  4 :  276 
Necessary,  who  are,  4 :  138 
Nonresidents,  actions  between,  4 :  121 
Numerous,  suit  or  defense  liy  one  for  all,  4:138 
Other,  court  may  order  in,  4 :  145 
Particular  proceedings,  in,  see  particular  subject 
Plaintiffs 

Those  united  in  interest  to  be  joined  as,  4:  138 
Who  may  be  joined  as,  4 :  132 
Who  must  be  joined.  4 :  138 
Probate  iiroceedings,  in,  4 :  1690 
Real  party  in  interest  to  sue,  4 :  122 
Substitution 

Parties  generally,  4  :  141,  142 
Successor  of  Canal  Zone  officer,  p.  984,  sec.  780 
Tenants  in  common,  joint  tenants  or  coparceners,  4: 140 
Transfer  of  action  or  interest,  4 :  141 
Trustee  may  sue  without  beneficiary,  4 :  124 
Wrongful  death,  who  may  sue  for,  4 :  131 ;  p.  989,  sec.  52 
Partition 

Decedent's  estate,  of 

Distribution  and  partition  of,  4 :  1631-1641 
On  partial  distribution,  4:1614,  1616 
Ward's  estate  of,  4 :  1776 
Partnership 

Account,  mutual  liability  of  partners  to,  3 :  1733 

Action  against,  may  be  brought  in  firm  name,  4:  144 

Acts  that  partner  cannot  do,  3: 1763 

Advantage,  partner  not  to  obtain  over  another,  3: 1732 

Adverse  business,  engagement  in  by  partner,  3 :  1772,  1774 

Agent,  partner  is  for  firm,  3 :  1762 

Agreement  in  writing,  authority  to  bind  copartners  by,  3:  1762 

Authority 

Majority  of  partners,  of,  3 :  1761 
Partner,  of.  3  :  1761-1764 
Bad  faith,  wliether  acts  of  partner  in,  binding,  3 :  1764 
Compensation  for  services  of  partner,  3 :  1734 
Confidential,  partners'  relations  are,  3 :  1731,  1732 
Debts,  partner  may  require  application  of  firm  propertv  to,  3 :  1725 
Defined,  3 :  1711 
Dissolution 

Agreement  not  to  go  into  business,  3 :  936 

Grounds  for,  3  :  1742,  1795 

Liability  thereafter  to  persons  without  notice,  3 :  1795 

Notice  of,  3  :  1795,  1796 

1181 


INDEX 

Partnership — Continued 
Dissolution — Continued 

On  renunciation  by  partner,  3 :  1741,  1742 

Partial,  at  will  of  one  partner.  3 :  1793 

Partner  entitled  to,  when,  3 :  1784 

Partners'  powers  after,  3 :  1801-1805 

Partnersliip  continues  until,  3 :  1791 

What  works,  3  :  1792 

When  partner  entitled  to,  3 :  1794 
Duration  of,  in  general,  3 :  1791 

Evidence,  acts  or  declarations  of  partner  as,  4 :  1888 
Expenses,  reimbursement  of  partner  for,  3 :  1733 
Formation,  consent  necessary  to,  3 :  1713 
Fraud  in  affairs  of,  punishment,  5 :  704 
General,  defined,  3  :  1751 

Good  faith,  partners  must  exercise  toward  each  other,  3 :  1732 
Liability  of  partners,  3  :  1781-1784 
Liquidation,  3 :  1801-1805 
Losses 

Division  of,  3  :  1723,  1724 

Indemnification  of  partner  for,  3  :  1733 
New  partner,  admission  of,  3 :  1713 
Ostensible  partner,  liability  of,  3  :  1783 

Presentment  of  negotiable  instrument  for  payment  by,  3 :  2428 
Presumptions  as  to,  4 :  2007 
Profits 

Partner,  of,  belong  to  firm,  3 :  1771 

Separate  business,  of,  when  partner  must  account  for,  3 :  1774 

Share  of  partner  in,  3 :  1723 
Property  of 

Application  to  debts,  partner  may  require,  3 :  1725 

Consists  in  what,  3  :  1721 

Definition  of  partnership  interest  in  property,  3 :  1726 

Extent  of  partner's  interest,  3 :  1722.  1723 

Presumption    respecting    property    acquired    with    partnership    funds, 
3 :  1726 
Renunciation  by  partner,  3  :  1741,  1742 
Restrictions  on  authority  of  partner,  3 :  1763 
Separate  business,  engagement  in  by  partner,  3 :  1772,  1773 
Services,  partner  not  entitled  to  compensation  for,  3 :  1734 
Ship,  joint  use  of,  does  not  create,  3 :  1712 
Special  partnership,  3: 1811-1844;  see  Special  Partnership 
Surviving  partner,  accounting  by,  4 :  1525 
Termination  of,  3  :  1791-1796 
Trustees,  partners  are,  for  each  other,  3 :  1731 
Passengers 

See  Carriers  of  Passengers 
Passports 

Text  of  general  laws  respecting,  p.  962,  sees.  213-227 
Patents 

Forging  or  counterfeiting  letters,  5 :  721 ;  p.  904,  sec.  71 
Laws  of  United  States  extended  to  Canal  Zone,  3 :  391 
Pawn 

See  Pledge 
Payment 

Application  of,  3:727 

Defined,  3 :  726 

Obligations,  see  Obligations 

Offer  in  writing  to  pay  is  equivalent  to  tender,  4:2151 

Presumptions  respecting,  4  :  2007 

Receipt,  debtor  may  require,  3  :  745  ;  4  :  2152 

Sales,  see  Sales 

Tender 

Offer  in  writing  to  pay  equivalent  to.  4:21.51 

Waiver  of  objection  by  failure  to  specify  it,  4:  2153 

1182 


INDEX 

Peace 

See  Breach  of  Peace;  Distubbino  Peaob 
Security  to  keep 

Action   upon  uudertaking,  6:52 

Approval  and  tiling  of  undertaking,  G :  49 

Breach  of  undertaking,  6 :  51 

Complaint  of  threatened  offense,  6 :  41 

Discharge  of  person  complained  of  in  absence  of  eiiuse,  6:45 

Effect  of  giving  or  failing  to  give  security,  6 :  47,  48 

Examination  of  infonuer  and  witnesses,  6 :  42 

Not  otherwise  required,  6 :  53 

Requiring  on  assault  in  presence  of  magistrate,  6:50 

Requiring  security  where  reason  exists,  6 :  46 

Taking  testimony  in  relation  to  charge,  6 :  44 

Warrant  for  arrest  of  person  informed  of,  6 :  43 
Peace  Officers 

Arrests  by,  see  Arrest 
Authority  to  summon  assistance,  6 :  87 
Carrying  of  arms  by,  5 :  872 
In  general,  see  Officers 

Warrants  directed  to  and  executed  by,  6 :  76 
Who  are,  6 :  84 
Peddling 

About  laborers'  camp  or  where  groups  are  at  work,  5 :  603 
Disposition  or  use  of  child  for,  5 :  442 
Penalties 

District  attorney  to  recover,  6 :  17 
Fines,  see  Fines 

Not  enforceable  by  specific  or  preventive  relief,  3 :  2684 
Pendency  of  Action 

When  action  deemed  pending,  4 :  955 
Penitentiary 

Carrying  into,  things  useful  in  escape,  punishment,  5 :  204 
Escape  from 

In  general,  see  Escape 

Reward  for  apprehension,  6 :  851 
Execution  of  judgment  for  imprisonment  in,  6 :  514 
Gamboa  prison  designated  as,  6 :  901 
Inhumanity  to  prisoner,  punishment,  5 :  177 
Injuring  or  destroying,  punishment,  5 :  841 
Injury  to  person  of  convict,  punishable,  6 :  903 

Prisoner  becoming  insane,  commitment  to  Corozal  Hospital,  4 :  1760 
Prisoners,  see  Prisoners 
Receipt  and  detention  of  convicts,  6 :  902 
Rescue  of  prisoner,  punishment,  5 :  206 

Transfer  of  prisoners  from  one  penal  institution  to  another,  6 :  904 
Performance 

Contracts,  see  Contracts  ;  Obligations 
Offer  in  writing  is  equivalent  to  tender,  4 :  2151 
Specific,  see  Specific  Performance 
Perjury 

Aflidavit  as  to  future  testimony,  perjury  in,  5 :  142 

Defined,  5 :  141 

Deposition  or  certificate,  making  of,  when  complete,  5 :  147 

Ignorance  of  materiality  of  statement,  as  defense,  5 :  145 

Incompetency  of  witness  as  defense,  5 :  146 

Information  for  perjury  or  subornation,  6 :  203 

No  defense  that  statement  lacked  effect.  5 :  145 

Oath,  irregularity  of,  as  defense,  5:144 

Proof  of 

Admissibility  of  defendant's  testimony,  6 :  386 
Number  of  witnesses  necessary,  4  :  1861,  2012  ;  6 :  385 
Punishment  of,  5  :  148 

Statement  of  what  one  does  not  know  to  be  true,  5 :  143 
Subornation  of,  5 :  149 

1183 


INDEX 

Perpetuating  Testimony 

See  Depositions  ;  Witnesses 
In  civil  actions,  mode  of,  4 :  2161-2107 

In  criminal  actions,  examination  of  witnesses  conditionally,  6:14,  147,  689- 
691 
Perpetuities 

See  Alienation 

Power  of  alienation,  how  long  may  be  suspended,  3 :  311 
Personal  Injuries 

See  Negligence 
Personal  Liberty 

Deprivation  without  due  process,  1 :  1 
Personal  Property 
See  Property 

Accession  to,  3  :  413-421 ;  see  Accession 
Acquisition,  modes  of,  3 :  401 

Adverse  claim  to,  action  to  determine,  4 :  661-663,  956 
Chose  in  action,  .'! :  371.  372 ;  see  Chose  in  Action 
Claim  and  delivery,  see  Claim  and  Delivery 
Confusion  of  goods.  3  :  413-121 ;  see  Accession 
Consists  of  what,  3  :  258 
Conversion  of 

Damages  for,  3 :  2662-2664 
Obligation  to  make  restoration,  3:975,  976 
Defined,  3  :  12,  258,  4  :  12  ;  5:5 
Determining  adverse  claims  to,  4 :  661-603,  956 
Execution,  iiow  subjected  to,  4 :  583,  585 
Gift,  see  Gift 
Hiring  of,  see  Hiring 
Includes  what,  3 :  12 ;  4:8;  5:5 
Interests  in,  see  Property 
Law  governing,  3  :  361 
Loan,  see  Loan 

Mortgage  of,  3  :  2261-2273  ;  see  Chattel  Mortgages 
Ownership  may  exist  in  what  property,  3 :  252 
Pledge,  see  Pledge 

Products  of  the  mind,  3 :  381-386 ;  see  LiTFasARV  Puoperty 
Property  is  either  real  or  personal,  3 :  254 
'  Quieting  title  to,  4  :  661-663,  956 
Recovery  of 

In  general,  see  Claim  and  Det.ivery 
Right  to  compel  specific  delivery,  3:2692 
Sales  of,  see  Sales 

Thing  in  action,  3:  371.  372;  see  Chose  in  Action 
Transfer  of,  see  Sales  ;  Transfer 
What  is,  3  :  258 
Personal  Rights 

Abduction  and  seduction  forbidden,  3 :  47 
Enumeration  of,  1:1;  3  :  41 
Right  to  use  force,  3 :  48 
Personation 

See  False  Personation 
Persons 

See  Infants  ;  Insane  Persons 
Defined,  3:12;  4:8;  5:5 
Exclusion  and  deportation.  2:141,  142 
Extradition,  see  Extradition 
Includes  corporation,  3:12;  4:8;  5:5 
Injury  to,  definition  of,  4 :  16 
Missing  persons,  see  IMissing  Persons 
Rights,  enumeration  of.  1:1;  3 :  41 
Pesthouses 

Keeping  in  towns,  itunishment,  5:505 
Petit  Larceny 
See  Larceny 

1184 


WDEX 

Phrases 

See  AVoKDs  and  Phkases 
Physicians 

See  Drugs  ;  Medicines 
As  witnesses,  4  :  1904 

Intoxicated,  acts  endansierius:  life,  punishment,  5:372 
Licenses  to  practice  healing  art,  2:372 

Privile.wd   cdnnmiiiiciUions  between   physician   and  patient,   4:1904 
Pictures 

Obscene,  5 :  451-454 
Pilots 

Regulations  autliorized  governing  pilots  and  pilotage,  2 :  9 
Place  of  Trial 
Change  of 

In  civil  actions  in  general,  4: 153 

In  civil  actiojis  in  magistrate's  court,  4:  682,  683 

In  criminal  actions,  6  :  291-298 
Civil  actions 

In  general,  4 :  151 

In  magistrate's  court.  4:681 
Criminal  actions,  6:13 
Divorce  actions,  4  :  152 

Letters  of  administration,  etc.,  issued  where,  4: 1201    120" 
Offenses,  of ,  6 :  13  ' 

Wills  proved  where,  4:1201,  1202 
Plaintiff 

See  Parties 
Pleadings  of,  4: 193 
Plea 

See  Pleading 

Asking  for,  on  arraignment,  6 :  229 

Corporation,  by,  6 :  836 

Defendant's  only  pleading  is  a  plea  or  demurrer,  6 :  232 

Form  of,  6  :  272 

Former  acquittal  or  conviction,  see  Foemer  Jeopardy 

Guilty  of 

As  mode  of  conviction,  6 :  15 

Court  to  determine  degree  of  crime,  6 :  485 

Form,  6 :  272 

How  entered,  G  :  273 

In  magistrate's  court,  6 :  124,  125 

Rules  authorized  respecting  procedure  after,  p.  983,  sec   7-^3a 

Withdrawal.  6 :  273 ;  p.  983,  sec.  723a 
How  put  in,  6 :  232.  272 
Issue  of  fact  arises  on,  6 :  301 
Kinds  of,  6  :  271 
Not  guilty,  of 

Entry  on  failure  to  answer,  6 :  279 

Evidence  admissible  under,  6 :  275 

Form,  6 :  272 

In  magistrate's  court,  6:124,  126 

Issue  of  fact  arises  on,  6 :  301 

Puts  A\'hat  in  issue,  6  :  274 
Oral,  to  be,  6 :  272 

Permitting  when  demurrer  disallowed,  6:2.59 
Prior  conviction,  on  charge  of,  6 :  280 
Refusal  to  answer,  plea  of  not  guilty  entered,  6 :  279 
Time  to  put  in,  6 :  232 
Pleading 

See  Answer  ;  Complaint  ;  Counterclaim  ;  Demurker 

Account,  how  to  be  stated,  4 :  253 

Amendment,  see  Amendment;  Magistrates'  Courts 

Answer,  see  Answer 

Bill  of  particulars,  4 :  253 

Complaint,  see  Complaint 

1185 


i:S!DEX 

Pleading — Continued 

Conditions  precedent,  performance  of,  4 :  256 

Construction  of,  to  be  liberal,  4 :  251 

Counterclaim,  see  Counterclaim 

Criminal  actions,  in,  see  separate  subhead,  infra 

Cross-complaint,  4  :  227 ;  see  Cross-Complaixt 

Defects  disregarded  unless  substantial,  4 :  277 

Defendant,  pleadings  of,  4 :  193 

Defined,  4 :  191 

Demurrer,  4  :  211,  212 ;  see  Demurrer 

Designation  of  parties  to  actions,  4:72 

Error  disregarded  unless  substantial,  4 :  277 

Extension  of  time  respecting,  4  :  275,  980 

Failure  to  deny  allegations,  effect  of,  4 :  2G0 

Filing  and  service  of,  4 :  263 

Form  of  action,  but  one,  4 :  71 

Inspection  of  instrument  where  copy  annexed  to,  4 :  244 

Issues,  see  Issues 

Judgments,  4 :  255,  2006 

Libel  or  slander,  4 :  258,  259 

Lost,  how  supplied,  4 :  951 

Magistrate's  court,  in,  see  Magistrates'  Courts 

Material  allegations 

Defined,  4 :  261 

Proof  may  be  limited  to,  4 :  1885 
Names  of  pleadings,  4  :  193 
Parties,  4  :  121-145  ;  see  Parties 
Performance,  4 :  256 
Plaintiff,  pleadings  of,  4 :  193 
Real  property,  how  described,  4 :  254 
Statute  of  limitations,  4 :  257 

Striking  out  redundant  and  irrelevant  matter.  4 :  252 
Subscription  to,  4 :  241 
Supplemental 

Yov  revival  of  judgment,  4 :  586 

When  allowed,  4:262 
Time,  power  of  court  to  extend,  4 :  275,  960 
Variance,  see  Variance 

Verification  of,  4  :  241-244  ;  see  Verification 
What  pleadings  are  allowed,  4 :  193 
Written  instruments,  4 :  242-244 

IN  criminal  actions 

See  Demurrer,"  Former  Jeopardy;  Information;  Plea 
Costs  for  furnishing  copies  to  defendant,  6 :  ;592 
Defendant's  only  pleading  is  a  plea  or  demurrer,  6 :  2.'}2 
Formal  defects  or  imperfections,  immateriality,  6 :  162,  189 
Forms  and  rules  of,  in  general,  6 :  161 
Information,  see  Information 
Judgment,  how  pleaded,  6:196 
Materiality  of  errors  or  departui'es  in,  6 :  162,  189 
Variance,  see  Variance 
Pledge 

Apparent  owner,  by,  3  :  2286 

Collection  of  securities  when  due,  3 :  2301 

Defined,  3 :  2281,  2282 

Defrauding  pledgee,  punishment,  5  :  702 

Delivery  essential,  3  :  2283 

Duties  and  liabilities  of  pledgee.  3 :  2292 

Foreclosure  of  right  of  redemption,  3 :  2.306 

Increase  of  thing  covered  by,  3:2284 

Lien  dependent  on  possession,  3 :  2283 

Liens,  subject  to  provisions  of  chapter  on,  3 :  2176 

Lienor,  by,  3  :  2285 

1180 


INDEX 

Pledge — Continued 

Misrei)re«>nta!iou  of  value  of  pledge,  remedy  of  creditor,  3:2294 
Ostensible  owner,  pledge  by,  3 :  2286 
Pledge  holder 

Obligations  of.  3  :  2290-2293 

Who  is,  3  :  2288 
Pledge  lender,  rights  of,  3 :  2287,  2289 
Possession,  delivery  of,  is  essential,  3 :  2283 
Sale 

Demand  of  performance  a  prerequisite,  3 :  2296 

Disposition  of  proceeds,  3 :  2303,  2304 

Foreclosure  of  right  of  redemption  instead  of,  3 :  2306 

How  made,  3  :  2300 

Notice  of,  to  pledgor,  3 :  2297,  2298 

Of  evidence  of  debt,  3 :  2301 

On  demand  of  pledgor,  3 :  2302,  2304 

Pledgee  or  pledge  holder  may  purchase,  3 :  2305 

Surplus  to  be  paid  pledgor,  3 :  2303 

Waiver  of  demand  of  performance,  3 :  2299 

When  pledgee  may  make,  3 :  2295 
Transfer,  when  deemed  pledge,  3 :  2234,  2282 

Poisons  ,  .,,  .  .         ^   _   „„ 

Administering  with  intent  to  kill,  punishment,  5 :  302 
Animals,  poisoning,  punishment.  5 :  809 
Federal  caustic  poison  act,  p.  893,  sees.  401^11 
Food,   medicine,   or  water,   poisoning,  punishment,   5 :  373 
Mailing  of,  p.  924,  sec.  340 

Police 

See  Officers  ;  Peace  Officehs 

Bail   admission  to  bv  officer  in  charge  of  station,  6 :  564 

Interest   in  judgment  of  magistrate's  court,   punishment,   5 :  128 

Neglecting  to  suppress  riot,  punishment,  5 :  600 

Peace  officers,  are,  6 :  84  ^  ^     i     ^    ^    o.-.^. 

Receipts  for  money  or  property  taken  from  defendant,  b :  b-b 

Stolen  or  embezzled  property,  entries  as  to,  6 :  827 

Portraits  ^    r    ooo 

Publication  without  consent,  punishment,  5  :  Sb6 

Ports 

At  Canal  entrances 

Freedom  from  taxes  and  charges,  p.  843,  art.  9 
Panamanian  customs  houses  and  guards,   p.  843,   art.  9 

Panama,  of,  use  as  refuge  for  vessels,  p.  845,  art.  17 

Radio  equipment  on  ocean-going  vessels  using,  2 :  361,  362 
Possession 

Compelling  delivery  to  party  entitled  to,  3 :  2692 

Fraudulent  dispossession  of  self,  how  treated,  3 :  2840 

Personal  property,  of,  how  recovered,  3 :  2691,  2692 

Presumption  of  ownership  from,  4 :  2007 

Right  of  repossession  can  be  transferred,  3 :  443 

Writ  of,  in  action  to  determine  adverse  claim  to  realty,  4 :  137 
Possibility 

Cannot  be  transferred,  3  :  442 

Mere  possibility  is  not  an  interest,  3 :  293 
Possible 

See  Impossibility 

Object  of  contract  must  be,  3 :  852 

What  is  deemed,  3  :  853 

Application  of  United   States  postal  laws,   rules,  and   regulations.   2:271 

Appointment  of  personnel,  2  :  272 

Arms,  carrying  by  person  carrying  mail,  5 :  872 

Authority  of  Governor  in  respect  to,  2 :  272 

Crimes  against  . 

Application  of  laws  of  United   States  defining  postal   crimes,   o :  111 
Text  of  United  States  laws  defining  crimes,  p.  912,  sees.  301-361 

1187 


INDEX 

Postal  Service — Continued 

Depomt  money  orders,  ra'e  of  interest  on,  l! :  274 
Expenses,  defraying  from  revenue,  2 :  273 
Interest  on  deposit  money  orders,  2:  274 
Money-order  funds,  use  of  interest  from,  2 :  275 
Operating  expenses,  defraying  from  revenue,  2:273 
Personnel,  appointment,  2  :  272 
Postage  stamps,  autliority  to  prescribe,  2 :  272 
Post  offices,  establisliment  or  discontinuance,  2 :  272 
Revenue 

Defraying  expenses  from,  2 :  273 
Interest  from  money-order  funds  as  part  of,  2 :  27.j 
Hules  and  regulations,  authority  to  establish,  2 :  272 
Stamps,  stamped  paper,  authority  to  prescribe,  2 :  272 
Posthumous  Children 

Birtii  of,  defeats  future  interests  contingent  on  death  without  issue,  3 :  341 
Deemed  living  at  death  of  parent,  3:  650 
Included  in  bequest  to  class,  3 :  59€ 
Property  rights  of,  3 :  291,  341 
Succession  by,  3 :  291,  554,  650 
TTnborn  child  deemed  existing  person,  3 :  24 
Posting 

Defacing  posted  copies  of  laws  or  notifications,  5 :  842 
Signs 

On  Government  or  Railroad  property,  punishment,  5 :  843 
Warning  against  trespassing  on  reservations,  5 :  845 
Without  consent  of  owner  of  property,  punishment,  5:  802 
Postponement 

See  Continuance 
Powers 

See  Powers  of  Attoenet 
Insane  persons  cannot  delegate,  3 :  32 
Minors  cannot  give,  3  :  25 

Realty,  powers  over,  necessity  of  writing,  4 :  2015,  2016 
Sale,  power  of  in  mortgage,  3  :  2241 ;  4  :  592 
To  devise,  executed  by  devise  of  all  testator's  estate,  3 :  583 
To  executor,  to  appoint  executor,  void,  3 :  624 
Powers  of  Attorney 
See  PowEKS 

Gratuitous  employee,  duties  under,  3 :  1323 
^Mortgage,  to  execute,  3:2242 
Practice 

See  Civil  Pkoceduke;  CriminjU.  Procedure 
Particular  actions  or  proceedings,  in,  see  particular  subject 
Preference 

Assignment  for  creditors,  in,  3 :  2777,  2779 
Delator's  right  to  make,  3 :  2754 
Pregnancy 

Of  defendant  under  death  sentence,  proceedings,  6:  528,  529 
Preliminary  Hearing 
Bail 

For  appearance  at  hearing,  6 :  546 

Upon  being  held  to  answer  before  information,  6:546,  571-575 
Commitment 

Defective,    habeas    corpus    proceedings    on,    6:738-741;    see    Habeas 

Corpus 
District  attorney  may  order  discharge,  6 :  176 
Filing   infonnatiou   after   commitment   and    investigatiou,   6:174;    see 

Information 
Form   of,  6:143 

Investigation  by  district  attorney  after  commitment,  G:  173 
Remanding  cause  to  magistrate's  court,  6:177 
When  and  how  made,  6:141-143 
Corporation,  on  complaint  against,  6:833,  834 
Delivery  of  transcrijjt  and  papers  to  district  attorney,  6: 149 

1188 


INDEX 

Preliminary  Hearing — Continued 

Depositions  at.  when  ni;iy  he  read,  G:  14,  147 
Dist'liargo  of  dot'emlant 

Riftht  to  file  information  after,  7:3 
When  granted,  6 :  141 
In  general,  0  :  141 ;  7  :  3 

Jurisdiction  of  magistrate  to  hold,  G :  141 ;  7 :  3 
Keeping  of  i)apers  on  file,  G:  148 

Return  of  papers  to  magistrate  when  information  not  tiled,  6 :  149 
Turning  over  undertakings  or  money  deposits  to  district  court,  6:150 
Witnesses 

Binding  Government  witnesses  to  appear  at  trial,  6:144,  145 
Conditional  examination  wiiere  unable  to  procure  sureties,  6:14,  147 
Imprisonment  on  refusal  to  give  undertaking,  G :  14G 
Presence 

Defendant,  of,  see  Defendant 
President 

Accounting  by  collecting  oflBcers  of  Canal,  authority  to  regulate,  2 :  32 

Acquisition  or  exchange  of  lands  for  Canal,  by,  2 :  3 

Boxing  exhibitions,  authority  to  regulate,  5 :  GOG 

Breaches  of  peace  and  disorderly  conduct,  authority  to  make  regulations 

respecting,  5 :  591,  592 
Canal  Zone,  government  by  Presiilent  througli  Governor  and  others,  2 :  5 
Designation  of  Army  officer  to  control  Canal  in  time  of  war,  2 :  8 
Divisions  of  district  court,  to  determine  boundaries  of,  7 :  22 
Employees,  authority  of  President  respecting  appointment,   removal,  and 

compensation,  2 :  81 
Governor,  appointment  by  President,  2 : 6 

Harrison  antinarcotic  act,  authority  to  effectuate  in  Canal  Zone,  p    977 
sec.  1054         •  .  1  . 

Healing  art,  authority  to  authorize  issuance  of  licenses  to  practice,  2 :  372 
Highways,  authority  to  regulate  use  of,  2 :  321 
Indecent    or    immoral    conduct,    right    to    make    regulations    concerning 

5:391,  392 
Land  survey  of  Canal  Zone,  authority  to  require,  2 :  303 
Leases  of  public  lands,  authority  to  grant,  2 :  303 
Licensing  of  olRcers  of  vessels  navigating  Canal  Zone  waters,  authority 

to  regulate,  2:9 
Magistrate's  court,  rules  governing,  authority  to  establish,  7 :  6 
Navigation  of  waters  of  Canal  Zone,  authority  to  regulate,  2:9 
Operation  of  Canal 

Authority  to  regulate,  2  :  9 

By  President  through  Governor  and  others,  2 :  5 
Passage  and  control  of  vessels  through  Canal,  authority  to  regulate,  2 : 9 
Pilots  and  pilotage  in  Canal  and  approaches,  authority  to  regulate,  2 : 9 
Right  of  persons  to  enter  or  remain  in  Canal  Zone,  authority  to  regulate, 

2 :  141 
Sanitation,  health,  and  quarantine,  authority  to  make  regulations    "?  •  371- 

373  '  '  "■ 

Self-propelled  vehicles,  authority  to  regulate  use  and  operation  of,  2 :  321 
Taxes,  authority  to  regulate,  2  :  401,  402 

Towns  and  subdivisions  of  Canal  Zone,  authority  to  determine,  2 : 4 
Vessels,  authority  to  operate  facilities  and  appurtenances  for,  2 :  51 
Wireless   telegraphic   installations,   authority  to   cause  to  be  maintained, 
2:421 
Press 

Freedom  of,  1:1 
Presumptions 

Are  indirect  evidence,  4 :  2001 

Conclusive  presumptions,  enumeration  of,  4 :  2006 

Definition  of,  4:2003 

Disputable  presumptions,  enumeration  of,  4 :  2007 

Effect  of,  4:2005 

Information  need  not  state,  of  law,  6 :  193 

Innocence,  of,  4:2007;  6:363 

1189 


INDEX 

Presumptions — Continued 

Malicious  and  guilty  intention,  of,  G :  374 

May  be  controverted  when,  4 :  2005 

Witness  presumed  to  speak  truth,  4 :  1S64 
Pretenses 

See  False  Pretenses 
Prevention 

Lawful  resistance  to  crime,  see  Resistance;  Self-Defense 

Of  crime,  refusal  to  aid  office)-,  punisliment,  5 :  175 
Preventive  Relief 

See  Injunction 

How  given,  3 :  2683 

When  given,  in  general,  3 :  2G11,  2681 
Previous  Conviction 

See  Former  Jeopardy  ;  I'lea  ;  Subsequent  Offenses 
Principal 

See  Accessory  ;  Incident 

Incident  passes  by  transfer  of,  3 :  472,  2862 

Transfer  of  incident  does  not  transfer,  3 :  472,  2862 
Principals 

Acessories  to  crime,  see  Accessories 

Parties  to  crime  are  principals  and  accessories,  5 :  51 

Prosecution  as  principals  of  all  persons  concerned  in  felony,  0:211 

Who  are  principals  to  crime,  5 :  52 
Principal  and  Agent 

See  Agency 
Principal  and  Surety 

See  Suretyship 
Prior  Conviction 

See  Former  Jeopardy;  Subsequent  Offenses 
Priority 

See  Preference 

Time,  priority  in,  is  priority  in  right,  3 :  2847 
Prisoners 

See  CoN\iCTS  ;  Jails  ;  Penitentiary 

Attorney's  right  to  visit,  6 :  12 

Becoming  insane,  commitment  to  Corozal  Hospital,  4 :  1760 

Court,  how  In-ought  into,  4  :  2050,  2051 ;  6  :  601,  905 

Depositions  of,  4:2050,  2051 

Discharge  of  persons  imprisoned  on  execution  in  civil  actions,  4 :  1121-1132 

Escape 

in  general,  see  Escape 

Reward  for  apprehension,  6 :  851 

Inhumanity  to,  punishment,  5 :  177 

Injury  to  person  of,  punishable,  6:903 

Permit  to  habitual  criminals  to  be  at  liberty,  5 :  75,  76 

Receipt  and  detention  at  penitentiary,  6 :  902 

Rescue  of,  punishment,  5  :  206 

Transfer  from  one  penal  institution  to  another,  6 :  904 

Witnesses,  production  of  prisoners  as,  4 :  2050,  2051 ;  6 :  661,  905 
Prisons 

See  Convicts  ;  Jails  ;  Penitentiary  ;  Prisoners 
Private  Statutes 

See  Statutes 
Privilege 

Witnesses,  of,  see  Witnesses 
Privileged  Communications 

See  Libel  ;  Slander  ;  Witnesses 
Prize  Fighting 

Boxing  exhibitions  permitted  under  regulations,  5:606 

Offenses  respecting,  5 :  606.  607 
Probate  Proceedings 

See  Estates  of  Decedents  ;  Executors  and  Administr.\tors  ;  Public  Ad- 
ministrator ;  Wills 


1190 


I2JDEX 

Probate  Proceedings — Coutinued 
Citation 

How  served,  4  :  1GS5 

Issuance  and  requisites,  4 :  1(583,  1684 

Personal  notice  given  by,  4 :  1686 

Time  for  service,  4  :  1GS7 
Costs,  4 :  1692 

Decisions,  signing  and  filing  of,  4 :  1691 
Fees  in,  4  :  t)S4 

Guardian,  service  on  and  apiiearance  by,  4  :  1604 

Heirs,  issue  or  children,  proceedings  to  determine  identity,  4 :  1695 
Heirship,  action  to  determine,  4 :  1621 
Issues,  how  tried,  4 :  1690,  1691 
Judgment 

Conclusiveness  of,  4 :  1934 

Enforcement,  4 :  1690 

How  entered,  4 :  1681,  1690 

What  to  contain,  4 :  1681 
New  trial,  grounds  for,  and  procedure  governing,  4 :  1689,  1691 
Notice 

How  given  by  public  administrator,  4 :  1717 

Personal,  to  be  by  citation,  4 :  1686 
Orders 

Conclusiveness  of,  4  :  1934 

What  to  contain  and  how  entered,  4 :  1681 
Parties  in,  4  :  1690 
Practice,  rules,  in  general,  4 :  1688 
Publication,  how  often  to  be  made,  4 :  1682 
Trial  of  issues,  4 :  1G90,  1691 
Wills,  probate  of,  see  Wills 
Probation 

Imposing  fine  and  also  placing  upon,  6 :  500 
Period  of,  6 :  500 

Placing  defendant  on  and  suspending  sentence,  6 :  500 
Revocation  or  modification  of  conditions  of,  6 :  500 
What  may  be  required  of  defendant  on,  6 :  501 
Procedure 

See  Civil  Peoceduke  ;  Criminal  Proceduee  ;  Trial 
Admiralty,  in,  7 :  25 
English  language,  to  be  in,  4 :  34 
Process 

See  Summons 

Adoption  of  suitable  process  where  none  provided,  4 :  35 

Amendment  of,  power  of  court,  4 :  23 

Chambers,  power  of  judge  at,  to  issue,  4 :  27 

Compelling   attendance   and   production   of   papers   before    Canal   officers, 

2:43 
Control  of,  power  of  court,  4 :  23 
Criminal  actions,  in,  see  separate  subhead,  infra 
Defined.  4 :  8 
Designation  of  process  agent 

By  company  applying  for  permit  to  sell  securities,  3 :  242,  244 

By  foreign  corporation  applying  for  license,  3 :  221 
Disobedience  of,  as  contempt,  4 :  1163 
Divorce  proceedings,  in,  4 :  181 
Joint  debtors,  to,  after  judgment,  4 :  901-903 
IMagistrate's  court,  in,  see  Magistrates'  Courts 
Service 

Associates  in  business,  on,  4 :  144 

Duty  of  marshal,   7 :  41 

Fees  for  service  or  attempted  service,  4 :  986,  987 

Guardian,  on,  in  probate  proceedings,  4 :  1694 

In  either  division,  4 :  151 

On  company  authorized  to  sell  securities,  3 :  242 

1191 


INDEX 

Process — Coutinued 
Service — Contiimed 

On  foreign  corporation,  3  :  221 ;  4  :  166,  168 

Suunnons,  service  of,  see  Summons 
Signifies  wliat,  4:  8 
Summons,  see  Summons 

IN     CUIMINAL    ACTIONS 

Arrest,  see  Akrkst  ;  Waiikant  of  Arkest 

Defined,  5 : 5 

I  )isob4'dience  of,  as  contempt,  5 :  212 

re?!ce  officer  may  summon  assistance  in  serving,  6:87 

Style  of,  6  :  6 
Proclamations 

Dcfacip.g  posted  copic'^,  5:842 
Production  of  Documents 

See  Inspection  oi''  Whitings 

Compelling  production 

Before  certain  Canal  officers.  2 :  42,  43 
Wliere  one  is  a  Avitness,  4 :  921 

Notice  to  produce,  necessity  of,  4:1872,  1970 

Partv  obtaining:;,  need  not  introduce  in  evidence,  4:  1971 

Wills,  4:1211,  1215,  1218 
Products  of  the  Mind 

I'roperty  in,  3  :  381-386 
Profane  Language 

Disturbing  religious  oi-  other  meeting  by,  5 :  593 

Use  of,  punishment,  5 :  602 
Prohibition 

Alternative,  requisites  and  form  of,  4 :  1073 

Defined,  4 :  1071 

Hearing,  time  for,  4 :  1081 

Issues  in  what  cases,  3  :  2681 ;  4 :  1072 

Peremptory,  requisites  and  form  of,  4 :  1073 

Practice,  rules  of,  4  :  1091 

Keturn  and  hearing,  time  for,  4:1081 

Verified  i)etition,  issues  on,  4 :  1072 
Promise  of  Marriage 

Damages  for  breach,  3  :  2658 
Promissory  Notes 

See  Negotiable  Instruments 

Bill  of  exchange  may  be  treated  as,  when,  3 :  2495 

Defined,  3:2581 

Definitions  affecting,  3  :  2591 

Joinder  of  parties  to  commercial  paper,  4:139 

Negotiability,  3 :  2581 
Proof 

See  Evidence 

Instruments,  of,  see  Acknowledgments 
Property 

See  Personal  Property  ;  Real  Property 

Accession  to.  see  Accession 

Accumulations,  3  :  321-325  ;  see  AccuiruLATiONs 

Acquisition  of,  modes  of,  3 :  401 

Alienation,  restraints  upon,  3:305,  311,  312;  see  Alienation 

Aliens  may  hold,  3:262 

Classes  of,  3:254 

Common,  interests  in,  3:  275,  278,  279;  see  Tenants  in  Common 

Community  property 
Defined,  3:140,  280 
In  general,  see  Divorce  ;  Husband  and  Wife 

Conditions  of  ownership 

Are  precedent  or  subsequent,  3 :  302 
Certain  conditions  precedent  void.  3:303 
Conditions  restraining  alienation  void,  3 :  305 

1192 


IH^DEX 

Property — Cimtinued 

Conditions  of  ownersliip — Continued 

Conditions  restraining;-  nitirriu.ue  void.  3:304 

In  general,  3:301-30.") 
Confusion  of  goods,  3  :  413-421 
Contingent  interest  defined,  3  :  288 
Defined,  3 :  12,  251  ;  4:8;  5:5 
Due  process  of  law,  1 : 1 
Enjoyment,  fixing  time  of,  3 :  301 
Fixtures,  see  Fixtures 

Fraudulent  conecalment  or  removal  li.v  debtor,  punislinieut,  5:231,  232 
Future  interests 

Contingent  when,  3 :  288 

Defeated,  when  are,  3 :  341,  342 

Defeated,  when  tire  not,  3 :  343,  344 

Entitle  owner  to  possession  at  future  period,  3 :  283 

How  may  pass,  3  :  292 

Income,  wlio  entitled  to  where  no  disposition  made,  3 :  332 

Kinds  of,  3:280 

May  be  alternative,  3  :  289 

Meaning  of  lieirs  and  issue  in  grant,  3 :  466 

Mere  possibility  is  not  an  interest,  3 :  293 

Qualities  of,  3:292 

Recognized,  wliat  future  interests  are,  3:294 

Restraints  upon  alienation,  3 :  305,  311,  312 

Rights  of  postliumous  cliild,  3  :  291 

Time  of  creation  of,  3  :  352 

Two  or  more  in  alternative,  3 :  289 

Vested,  when  are,  3 :  287 

Void,  what  are  not,  3 :  290 
Grant  of,  see  Gkants 
How  acquired,  3  :  401 

Husband  and  wife,  of,  see  Husband  and  Wife 
Includes  realty  and  personalty,  3 :  12 ;  4:8;  5:5 
Income 

Accumulation  of,  3:321-325 

Defined,  3 :  351 

Undisposed  of,  to  whom  belongs,  3 :  332 
Increase  of,  ownership  of,  3 :  331 
Injury  to,  defined,  4  :  15 
Interests  in 

As  to  time  of  enjoyment,  3 :  281 

In   general,   3:271-294 

Time  of  creating,  3  :  352 
Inventions,  rights  in,  3:381-386 

Joint  interests  in,  3  :  275,  276,  279  ;  see  Joint  Tenants 
Kinds  of,  3  :  254 
Letters,  to  whom  belong,  3 :  386 
Limited  interest  defined,  3  :  285 

Literary  property,  3  :  381-386  :  see  Literary  Property 
Lost  property,  see  Lost  Property 
Malicious  injury  to,  see  Malicious  Mischief 
May  exist  in  what  things,  3 :  252 
Mere  possibility  is  not  an  interest,  3 :  293 
Modes  in  which  acquired,  3 :  401 
Nature  of,  3  :  251-258 
Ownership  of 

Absolute,  when  Is,  3 :  271,  272 

Aliens  may  own  property,  3 :  262,  263 

AU  property  has  an  owner,  3 :  261 

Classes  of  ownership  by  several  persons,  3  :  275 

Defined,  3:251 

Joint,  defined,  3  :  276 

May  exist  in  what  property,  3 :  252,  253 

Modifications  of,  in  general,  3 :  271-325 

98083—34 76  1193 


I^iDEX 

Property — Continued 

Ownership  of — Continued 
Presumption  of,  4  :  2007 
Qualified,  when  is,  3  :  271,  273 
Several  ownership,  3  :  274,  275 
Sole  ownership,  3 :  274 
Time  of  creation,  3  :  352 
Who  may  own  property,  3 :  262 
Partnership  Interests,  3 :  275,  277 
Perpetual  interest  defined,  3 :  284 
Personalty,  see  Pbksonal  Property 
Posthumous  children,  rights  of,  3 :  291,  341 
Present  interest  defined,  3 :  282 
Products  of  the  mind,  3 :  381-386 
Real  or  personal,  property  is,  3  :  254 

Restraints  upon  alienation,  3 :  305,  311,  312 ;  see  Ai-ienation 
Tenants  in  common,  see  Tenants  in  Common 
Time  of  enjoyment 
Fixing,  3:301 

Interests  as  to,  classified,  3 :  281 
Transfer  of,  see  Grants  ;  Transfer 
Value  as  determining  grade  of  offense,  5 :  10,  667 
Prosecution 

See  Complaint  ;  Information  ;  Former  Jeopardy 
Civil  actions 

Dismissal  for  failure  to  issue  or  serve  summons,  4:  41(5 
Dismissal  for  want  of  prosecution,  4 :  418 
Criminal  actions 

Dismissal  for  want  of  prosecution,  6 :  791 
Information,  what  offenses  prosecuted  by.  6: 172 
To  be  in  name  of  Canal  Zone  Government,  6 :  5 
Prospectus 

Unauthorized  use  of  name  in,  5 :  754 
Prostitution 

Disorderly  house,  keeping,  punishment,  5 :  456 
Enticement  for  purposes  of,  5 :  406 
House  of 

Enticing  female  into,  5  :  406 
Keeping,  punishment,  5  :  455,  456 
Prevailing  upon  person  to  visit,  5 :  457 
Residing  in.  punishment,  5 :  455 
Seduction  for  purpose  of,  corroboration  of  prosecutrix,  6 :  376 
White-slave  traffic  act,  p.  934,  sees.  397-404 
Provisional  Remedies 

See   Arrest;   Attachment;    Claim   and   Dexivery  ;    Deposits   in   Court; 

Injunction  ;  Recejvers 
Affidavit  may  be  used  to  obtain,  4 :  2071 
Public  Administrator 
Account 

Duty  to  account  in  general,  4 :  1709 
May  be  ordered  at  any  time,  4 :  1713 
When  letters  granted  to  another,  4 :  1710 
Actions  to  recover  proix'rly  of  estate,  4:  1712 
Alien  dying  intestate,  disposition  of  estate,  4 :  1706 
Appointment,  4 :  1701 

Balboa  division,  proceedings  conducted  in,  4 :  1201 
Bond  of 

As  administrator,  4: 1707 
As  guardian,  4  :  1747 
Burial  expenses  of  deceased  persons,  provision  for  payniejit  by,  4 :  1704 
Commissions  of,  4:1567,  1715 
Costs,  security  for  not  required  of,  4 :  1024 


IVM 


INDEX 

Public  Administrator — Contiuued 

Death,  givinii  notifo  i)f  to  public  juliniiiistrator,  4:  1708 

Delivery  of  iiioi)erty 

Coniprisiiifj  estate  of  alien  who  dies  intestate,  4 :  1706 

To  heirs  or  executors,  may  be  ordered,  4 :  1713 

To  regularly  appointed  executor  or  administrator,  4 :  1705,  1710 

Disposition  of  estate  of  alien  dying  intestate,  4 :  170(5 

Duty  on  appointment  of  regular  administrator,  4:  1705,  1710 

Estates  less  than  $150,  how  handled,  4 :  1703 

Estates  which  may  be  administered  by,  4 :  1311,  1381,  1702 

Expenditures,  interest  in,  forbidden,  4 :  1714 

Expenses  of  last  illness,  powers  and  duties  in  relation  to,  4 :  1704 

Funeral  expenses  of  decedent,  provision  relating  to,  4:  1704 

Guardian,  appointment  of  public  administrator  as,  4:  1747 

How  to  administer  estates,  4 :  1703,  1709 

Interest  in  expenditures  forbidden,  4:1714 

Inventory,  4 :  1709 

Letters  of  administration,  procurement  of,  4 :  1707 

No  administration  on  estates  under  $150,  4 :  1703 

Notice,  how  given  by,  4 :  1717 

Notice  to 

Of  death,  4 :  1708 

Of  estate  liable  to  waste,  4 :  1711 

Oath  of 

As  administrator,  4 :  1707 
As  guardian,  4 :  1747 

Oaths  may  be  administeretl  by,  4 :  1716 

Order  of  persons  entitled  to  administer,  4 :  1311 

Payment  to,   of  compensation  due  deceased  or   insane   employee,  4 :  1705 

Provisions  governing,  4 :  1717 

Recovery  of  property  of  estate,  4 :  1712 

Salary  or  claim  due  deceased  or  insane  employee,  receipt  of,  4:1705 

Waste,  civil  officers  must  inform  of,  4 :  1711 

What  estates  may  be  administered  by,  4 :  1311,  1381,  1702 
Publication 

Affidavit  to  prove,  4 :  2072,  2073 

Default,  where  service  by,  procedure,  4  :  421 

Evidence  of,  4 :  170,  182,  2072,  2073 

Letters,  right  to  publish,  3  :  386 

Libel,  what  constitutes,  5 :  355 

Notice  of  petition  for  probate,  of,  4 :  1216 

Portrait  or  caricature,  punishment,  5 :  363 

Probate  proceedings,  how  often  to  be  made,  in  general,  4 :  1682 

Products  of  mind,  effect  of,  3 :  384 

Service  by,  in  magistrate's  court,  4 :  701 

Summims.  when  and  how  made,  4:168,  169,  182;  see  Summons 
Public  Buildings 

Lease  of  buildings  by  or  to  Government,  p.  986,  sees.  40a,  303b 

Placing  signs  on,  punishment,  5 :  S43 
Public  Contracts 

Advertisement  for  proposals,  p.  987,  sec.  5 

Panama    Railroad    Company    and   departments   of    Government,    between, 
2:223 

Purchase  of  supplies  without  advertising  where  amount  does  not  exceed 
$500,  2 :  351 

Specification  and  use  of  American  materials,  p.  987,  sees.  lOa-lOc 
Public  Defender 

Appointment,  compensation,  and  duties,  7 :  43 

Assignment  as  counsel  on  arraignment,  6 :  228 
Public  Health 

See  Health 
Public  Justice 

Crimes  against,  5 :  121-234 


1195 


INDEX 

Public  Lands 

Acquisition  by  United  States  of  title  to  lands  in  Canal  Zone,  2 :  301,  302 
Hunting  upon 

Pei-mits  to  have  and  carry  anus,  authorized,  5:873 
Regulation  of,  5  :  873-877 
Lease  of,  2  :  303 

Revocable  licenses  for  lots  in  town  sites,  2 :  304 
Survey  of,  2  :  303 
Public  Meetings 

Disturbing,  punishment,  5  :  593 
Public  Moneys 

See  Accounting  ;  Finance 

Defined,  5 :  621 

Embezzlement,  no  limitation  in  prosecution  for,  6 :  61 

Neglect  by  officers  to  pay  over,  in  general,  5:  624 

Offenses 

By  employees  who  collect  or  receive,  5 :  623 
By  persons  charged  with  receipt  and  disbursement.  5 :  622 
Postal  funds,  misappropriating,  p.  930,  sec.  355 
Public  Offenses 

Defined,  5  :  21 ;  see  Cbimr 
Public  Officers 

See  Officers 
Public  Property 

Placing  signs  on,  punishment,  5 :  843 
Trespassing  upon  after  posting,  5 :  844-846 
Public  Records 

See  Records 
Public  Reads 

See  Highways 
Public  Works 

Hours  of  labor  on,  p.  987,  sec.  321 

Specification  and  use  of  American  materials,  p.  987.  sees.  lOa-lOc 
Public  Writings 

See  Written  Instruments 
Punishment 

Accessory  to  felony,  of,  5 :  54 

Act  made  punishable  in  different  ways,  how  punished,  5 :  27 

Aggravation  of,  hearing  circumstances  in,  6 :  494,  495 

Cruel  or  unusual,  forbidden,  1 : 1 

Determination  of 

Duty  of  court,  6 :  482 

Hearing  circumstances  in  aggravation  or  mitigation,  6:494,  495 
Mitigation  when  act  already  punished  as  contempt.  6:  496 
Where  minimum  only  is  prescribed,  6 :  484 
Where  undetermined  between  limits,  6 :  483 
Duty  of  court  to  impose,  6 :  482 
Felony,  where  not  otherwise  prescribed,  5 :  25 
Misdemeanor,  where  not  otherwise  prescribed,  5:25 
Mitigation  of.  hearing  circum.'^tances  in.  6:494.  495 
Offense  for  which  no  penalty  prescribed,  5 :  31 
Particular  offense,  see  particular  subject 
Persons  lial)le  to,  5 :  56 ;  6 :  3 
Punitive  Damages 

See  Damages  » 

Qualification  ^ 

Bail,  see  Bail  1 

Sureties,  see  Sxjbetyship 
Quarantine 

Bringing  in   animals  and  violating  quarantine  proclamation,   punishment. 

5 :  566 
Officers 

Administration  of  oaths  for  certification  of  official  papers,  2 :  41 
Compelling  attendance  of  witnesses  before,  2:  42,  43  1 

Compelling  production  of  papers  before,  2 :  42,  43  \ 

') 
1106 


INDEX 

Quarantine — Continued 

Receiving"  or  transportiiiu  uninials  in  violation  of,  5 :  HOT 
Regulations  in  matters  of 

Authority  of  I'resident  to  promulj^ato,  2:371 

Puuisiiment  of  violations,  2  :  873 
Quieting  Title 

Action  to  determine  adverse  claim  to  property,  who  may  bring,  4 :  661,  951 

Construing  will  in  action,  4 :  661 

Costs  not  allowed  on  default  or  disclaimer,  4 :  G62 

Executor,  quieting  title  l)y,  4:144(1 

Heirs  or  devisees 

Possession  for  purpose  of  suit,  4 :  1521 

Quieting  title  by,  4 :  1440 
Improvements,  setting  off  against  damages,   4:664 
Money,  action  to  determine  adverse  claim  to,  4:956 
Survey  of  land  in  dispute,  4 :  665,  666 
Termination  of  piaiiitiff's  title  during  action,  4:663 
Who  may  bring  action,  4 :  661,  951 
Writ  of  possession,  right  to  on  recovery,  4 :  137 
Radio 

Equipment  required  on  ocean-going  vessels  using  ports,  2 :  361,  362 
Representation    of    Canal    Zone    in    international    radio    matters,    p.    998, 

sec.  115 
Wireless   telegraphic   installations,   2  :  421 
Railroads 

See  Caeriees  ;  Panama  Railroad  (,'oJiPANY ;  Street  Railways 
Boiler  explosion,  mismanagement  causing,  ijunishment,  5 :  521,  523 
Collision  causing  death,  punishment  of  negligent  employee,  5 :  524 
Crossings 

Omission  to  give  warning  at,  punishment,  5 :  525 

Operation  of  street-railway   cars  at,  2 :  832 
Debt,  contracting  in  excess  of  means,  5 :  760 
Fare,  boarding  train  with  intent  to  evade  payment,  5 :  828 
Intoxicated,  certain  employees  becoming,  punishment.  5 :  526 
Jumping  on  or  off  train  in  motion,  punishment,  5:829 
Labor  train,  riding  on  without  authorit.y,  5 :  880 
Liability  for  injuries  to  employees,  p.  989,  sees.  52-59 
Malicious  injury  to  railroads  or  railroad  bridges,  5 :  826 
Monopoly  for  construction  and  operation,  grant  to  United  States,  p.  841, 

art.  5 
Overcharges  by  agents,  5 :  688 

Riding  on  roof  or  platform  of  train,  punishment,  5 :  829 
Robbery,  boarding  train  wit!i  intent  to  rob,  5 :  294 
Safety  appliance  acts  extended  to  Canal  Zone,  2 :  241-244 
Taking  packing  or  waste  from  journal  boxes,  punishment,  5 :  827 
Tickets 

Counterfeiting,  5 :  739 

Evaluation  in  larceny,  5' :  776 

Larceny  of  where  completed  but  n.ot  delivered,  5 :  777 

Restoring  canceled,  5  :  740 
Train  wrecking,  punishment  of  attempts,  5:303 
Rape 

See  Prostitution 

Assault  to  commit,  punishment,  5 :  311 
Defined,  5 :  401 
Gist  of  offense,  5  :  403 
Murder  in  perpetration  of,  degree.  5 :  258 
Penetration  sufficient,  5  :  403 

Proof  of  physical  ability  where  defendant  under  foiirteen,  5:402 
Punishment  of,  5 :  404 
Ratification 

Of  agent's  acts,  see  Agency 

Of  contract  voidable  for  want  of  consent,  3 :  844 


1197 


INDEX 

Real  Property 

See  Pkopeuty 

Adverse  claim,  see  Quieting  Title 

Agreements  respecting,  necessity  of  writing,  3:886;  4:2015-2017 

Coextensive  with  lands,  tenements,  3 :  12 ;  4:8;  5:5 

Consists  of  what,  3 :  255 

Contract  hy  decedent  to   convey,  compelling  completion,  4 :  1541-1551 

Defined,  3  :'  12  ;  4:8;   5:5 

Ejectment,  see  Ejectment, 

Evidence,  admissibility  of  instruments  art'ecting,  4 :  1982 

Execution,  how  subjected  to,  4 :  583,  585 ;  see  Execution 

Forcible  entry  and   unlawful   detainer 

Proceedings     for     recovery,     see     Forcible    Entry     and     Unlawful 

Detainer 
Punishment  as  offense,  5  :  605 

Includes  what.  3 :  12,  255 ;  4:8;  5:5 

Kinds  of,  3:255 

Land  defined,  3:256 

Larceny,  severing  and  removing  parts  of  realty,  5 :  778 

Malicious  injury  to,  punishment,  5:802 

Mortgages  on,  see  Foreclosuke  of  Mortgages  ;  Mortgages 

Parties  in  action  respecting,  4 :  133,  137 

Pleadings,   description   in,  4 :  254 

Property  is  either  real  or  personal,  3 :  254 

Quieting  title,  see  Quieting  Title 

Reentry,  transfer  of  right  to,  3 :  443 

Retaking  possession  after  removal  by  process,  a  misdemeanor,  5 :  180 

Statute    of   frauds    as    affecting    transfers    of   or    agreements    respecting, 
3:886;  4:2015-2017 

Summary  proceedings  for  obtaining  jwssession  of,  4 :  1141-1158 

Title,  see  Title 

Twice  selling,  punishment,  5  :  696 

Writ  for  possession  of,  4 :  137 
Reasonable  Doubt 

Acquittal  In  case  of,  6 :  363 

Degree  of  crime,  as  to,  effect,  6 :  364 

Instruction  as  to,  4  :  2131 
Receipts 

As  evidence  of  payment,  4 :  2007 

Presumptions  arising  from,  4  :  2007 

Right  to  demand,  3  :  745  ;  4  :  2152 

Tax  or  license 

Failure  to  give  proper  receipts,  5 :  626 
Possession  of  improper  blanks,  5 :  627 

Warehouse  receipts,  see  Warehousemen 
Receivers 

Grounds  for  appointment,  4 :  381,  382 

Investment  of  funds  in  hands  of,  4 :  386 

Oath  of,  4 :  384 

Powers,  4 :  385 

Qualifications,  who  may  not  be  appointed,  4:383 

Reviewed  bv  Circuit  Court  of  Appeals  of  interlocutory  decrees,  7 :  61 ;  p. 
982,  sees.  225,  227 

Trust  companies  as,  4 :  1281 

Unclaimed  funds,  disposition  of,  4 :  .387 

Undertaking  of,  4  :  384 

Undertaking  on  ex  parte  application  for,  4 :  383 
Receiving  Stolen  Goods 

See  Larceny 
Recognizances 

See  Bail  ;  Bonds  ;  Suretyship 

Sureties  on,  when  are  called  bail,  3 :  2049 
Recording 

Adoption,  order  of,  3 :  193 

Assignment  for  creditors,  of,  3 :  2780,  2781 

1198 


tSDEX 

Recording — Continued 

Certificate  of  redemption  from  execution,  4 :  (504 

Chattel  mort,i?age,  3  :  2204,  2265 

Clerk  as  ex  ollicio  registrar  of  property,  4  :  9G7 

Conditional  sales  contract,  3:10(58 

False  or  forged  instrument,  olTering  for  record,  punishment.  5:  133 

Guardian's  letters,  4  :  1729 

Inventory  of  wife's  property,  3 :  141,  142 

Judgment  proving  instrument  entitles  it  to  record,  3:510 

Letters  of  administration,  and  testamentary,  4:1351 

Marriage  declaration,  3:60 

Marriages  and  marriage  licenses,  3 :  61-63 

Mortgage 

Assignment  of,  3:2244,  2245 

Power  of  attorney  to  execute,  3 :  2242 
l*artition  of  decedent's  estate,  4 :  1639 
Proof  of  instrument  for  record.  3 :  491-511 
Proper  books  of  record  to  be  kept,  4 :  967 
Verdict,  6 :  419 
Records 

Alteration  as  forgery,  5 :  721,  722 

As  evidence,  see  Evidence 

Constructive  notice,  records  of  registrar  as,  4 :  967 

Contents  of,  how  proved,  4 :  1872 

Copy  of 

Certified,  see  Certified  Copies 

Officers  to  give,  4  :  1921 

Seal,  4:25 
Court,  parties  cannot  contradict  record  of,  4 :  1854 
Criminal  action,  what  constitutes  record  in,  6:499 
Destruction  or  mutilation,  punishment,  5:103,  131,  132 
Entries  in  official  books  are  prima  facie  evidence,  4 :  1946,  1951 
Falsification 

As  forgery,  5 :  721,  722 

No  limitation  in  prosecution  for,  6 :  61 

Punishment,  generally,  5  :  131,  132 
Foreign,  how  proved,  4 :  1944 

Forged  or  altered,  offering  in  evidence,  a  felony,  5 :  161 
Forgery  of,  5  :  721 
Judicial,  see  Judicial  Records 
Official,  how  proved,  4 :  1944 
Public,  of  private  writing,  how  proved,  4 :  1945 
Public  writings,  what  are,  4 :  1912 ;  see  Written  Instruments 
Removal  of  public  records  from  office,  4 :  1981 
Secondary  evidence  of,  4  :  1872 
Stealing  of,  punishment,  5 :  131,  132 
United  States  or  Territories,  proof  of  records  of,  4 :  1950 
Vv'ithholding  by  officer  from  successoi*,  punishment,  5 :  103 
Redemption 
See  Liens 

Decedent's  estate,  of,  by  judgment  debtor,  4 :  1486 
Execution,   from,  4 :  602-608  ;   see  Execution 
Mortgage  foreclosure,  from,  see  Foreclosure  of  Mortgages 
Reference 

Application  of  parties,  when  ordered  upon,  4 :  512 
Bill  of  exceptions,  settlement  by  referee.  4 :  525 
Bribe,  referee  asking  or  receiving,  5 :  122 
Bribery  of  referee,  5 :  121 
Consent  of  parties,  when  ordered  upon.  4 :  511 
Court's  own  motion,  when  ordered  upon,  4 :  512 
Disqualification  of  referee,  grounds  for,  4 :  513 
Evidence,  rules  of,   in   general,  4:2183 
Fees  of  referee,  ajjionnt  of,  4:990 


1199 


INDEX 

Reference — Continued 

Fiuding 

Effect  and  force  of,  4:516,  517 
How  excepted  to  and  reviewed,  4 ;  517 
Judgment  on,  4 :  516 
Report  of,  4  :  515 

Grounds  for  ordering,  4 :  511,  512 

Improper  agreement  or  receipt  of  information  by  referee,  5 :  127 

Influencing  referee  corruptly,  punisment,  5 :  126 

Judgment  on  finding,  4 :  516 

Oiijections  to  referee,  4 :  513,  514 

Two  of  three  referees  may  act,  4:959 
Reformation  of  Contracts 

Inquiry  into  intention  of  parties,  3 :  2713 

Presumption  as  to  intent  of  parties,  3 :  2712 

When  contract  may  be  revised,  3:2711 
Registrar  of  Property 

See  Recording  ;  Records 

Cierli  as  ex  officio  registrar,  4:967 

Proper  books  of  record  to  be  kept,  4 :  967 
Regulations 

Accounting  by  collecting  officers  of  Canal,  2 :  32 

Arrest  for  violations,  general  authority,  5 : 6 

Bird  protection,  2  :  291 

Boxing  exhibitions,  5  :  606 

Breaches  of  the  peace,  5 :  591,  592 

Disorderly  conduct,  5:591,  592 

Domestic  animals,  keeping  and  impounding,  2:201,  202 

Entry  and  importation  of  goods,  2 :  61 

Exclusion  and  deportation  of  persons,  2:141 

Ferry,  operation  and  maintenance  of,  2 :  342 

Healing  art,  practice  of,  2:372 

Highways,  use  of,  2  :  321 

Hunting,   5 :  875 

Indecent  conduct,  5  :  391,  392 

Inspection  of  vessels,  2 :  153 

Licensing  of  officers  of  vessels  navigating  Canal  Zone  waters,  2 : 9 

Modification  or  annulment  of  regulations  under  Panama  Canal  Act,  right 
jreserved,  2 : 1 

Navigation  of  waters  of  Canal  Zone,  2 : 9 

Operation  of  Canal,  2  :  9 

Passage  and  control  of  vessels  through  the  Canal,  2 : 9 

Pilots  and  pilotage  in  Canal  and  approaches,  2:9 

Postal  service,  and  operation  tlier eof,  2 :  272 

Right  of  persons  to  enter  or  remain  in  Cima!  Zone,  2: 141 

Sanitation,  health,  jind  quarantine,  in  matters  of,  2:371-373 

Self-propelled  vehicles,  use  and  operation  of,  2 :  321 

Taxes.  2:401,  402 
Relationship 

See  Consanguinity;  Kindred;  Succession 

Degrees,  how  computed,  3  :  636-640 

Half-blood,  rigiit   to  succeed,   3:641 

jNIarriages  void  between  persons  rehited   l«y   consanguinity,  3:53 

Right  to  defend  relatives,  3 :  48 

General,  extent  of,   3:792 

Joint  debtor,  effect,  3 :  793 

Obligation  extinguished  by,  3:791 
Relevancy 

See  E\aDENCE 
Relief 

See  Compensation  ;  Damages 

In  general,  3:2611 

Judgment,  relief  against,  see  Judgment 

Preventive,  see  PRE:\ENTr\'B  Relief 

Specific,  see  Specific  Rexief 

1200 


INDEX 

Religion 

Laws  respecting  estubli-shment  or  Iree  exercise,  forbidden,  1  :  1 
Religious  Meetings 

Disturbance,  punisiunent,  5:593 
Remedies 

See  Actions 

Declaratoiy  relief,  see  Declaratory  Rei.ieb' 

Exist  for  every  wrong,  3 :  2845 

Judicial,  defined  and  classified,  4 :  9 

Merger  of  civil  and  criminal,  4 :  18 

Preventive  relief,  see  Preventive  Relief 

Specific  relief,  see  Specific  Relief 
Removal  of  Actions 

Civil.  4  :  153,  682,  683 

Criminal,  6:291-298 
Rents 

See  Landlord  and  Tenant 

Presumption   respecting  payment,   4  :  2007 
Replevin 

See  ClxVim  and  Delivery 
Reporter 

Absent,  who  to  talie  testimony,  4 :  957 

Judicial  oflicer  asking  or  receiving  fees  of,  5:  124 

Offering  or  paying  fees  for  appointment.  5 :  125 

Reports  of  court  reporter  are  prima  facie  evidence,  4 :  36 
Representations 

False,  see  Fraud 
Reprieves 

For  offenses.  Governor  may  grant,  2 :  261 
Res  Adjudicata 

See  Judgment 

Admiralty  record  or  judgment  of  foreign  country,  conclusiveness.  4 :  1940 

Annulment  of  marriage,  conclusiveness  of  judgment,  3 :  59 

Foreign  judgment,  conclusiveness  of,  4 :  1941 

General  rules  as  to  conclusiveness  of  judgment,  4 :  1834,  1935,  2006 

Grounds  for  impeaching  judicial  record,  4 :  1942 

Indemnitor,  when  bound  by  judgment  against  person  indemnified,  4 :  961 

Orders,  conclusiveness  of,  4 :  1934,  1935,  2000 

Parties  deemed  same  when.  4 :  1936 

Principal,  when  bound  by  judgment  against  surety,  4 :  1938 

State,  conclusiveness  of  judicial  record  of,  4 :  1939 

Successors  in  interest,  how  far  bound  by  judgment,  4 :  1934 

What  deemed  adjudged  in  a  judgment,  4 :  1937 
Rescission 

Cancelation,  see  Cancelation 

Compensation,  court  may  require  to  be  made,  3 :  2723 

Extinguishes  contract,  3 :  951 

Grounds  for,  3  :  952,  953,  2721 

How  accomplished  when  not  consented  to,  3 :  954 

Infant,  by.  3  :  27 

Insane  person's  contract,  3 :  31 

Mistake,  for,  when  granted,  3 :  2722 

Requirements  on  adjudging,  3  :  2723 

Seller  of  goods,  by,  3 :  1041,  1045 

Stipulations  against  right  to  rescind,  effect,  3 :  953 

When  may  be  adjudged,  3  :  2721 
Rescue 

See  Escape 

Person  or  property  in  custody,  as  contempt,  4  :  1163 ;  5 :  212 

Prison.er,  of,  from  penitentiary  or  jail,  punishment,  5 :  206 

Retaking  person  rescued  from  arrest,  6 :  100,  101 
Reservations 

Government  or  Railroad,  trespassing  upon  after  posting,  5 :  844-846 
Reservoirs 

Injuring  or  obstructing,  5 :  837.  838 

1201 


INDEX 

Residence 

See  Domicile;  Nonresidents 

Divorce,  residence  of  plaintiff  for  purposes  of,  3 :  108 

Husband  may  select,  3  :  81,  82,  132 

Ward's,  power  of  guardian  to  fix,  4:  1726 
Resistance 

Arrest,  to,  means  authorized  in  case  of,  6 :  93 

Crime,  to,  extent  of  right,  6 :  31-33 

Executive  officer,  to,  punishment,  5  :  104 

Public  officer,  to,  punishment,  5 :  178 
Restaurants 

Alterini^  checks  or  coupons,  5 :  741 
Restraining  Order 

See  Injunction 
Restraint 

Alienation,  when  void,  3:305,  312;  see  Alienation 

Marrinye.  when  void,  3 :  304 

Unnecessary,  before  conviction,  prohibited,  6:11,  82 
Restraint  of  Trade 

Combinations  in,  p.  892,  sees.  12-27 

Contracts  in,  validity  of,  3:935,936 
Retirement  of  Canal  and  Railroad  Employees 

Accredited  service,  computation  of,  2 :  97 

Actuaries,  board  of,  2:  104 

Adjudication  of  claim  for  annuity,  2 :  102 

A<lministration,  2:105,  and  note 

Annual  report,  2  :  105 

Annuities 

Applications  for,  2 :  102 
Connnencement  of,  2 :  102 
Method  of  computing,  2  :  96 
Payment  of,  2  :  102 

Appeal  from  final  action  or  order,  2 :  105 

Automatic  retirement,  2  :  92 

Benefits  extended  to  those  already  retired  or  separated  from  service,  2 :  103 

■Board  of  actuaries,  2: 104 

Certificate  issued  to  annuitant,  2 :  102 

Civil  service  retirement  Jict,  relation  to  Canal  Zone  act,  2:107 

Computation  of  accredited  service,  2 :  97 

Continuance  in  service  beyond  retirement  age.  2 :  92 

Credit  for  past  service,  2:98 

Date  for  authorized  retirement  of  Federal  jiersonnel,  2 :  94,  note 

Deductions  from  salaries 

Credited  to  individual  accounts,  2:101 

In  general,  2  :  99 

Return  of  amounts.  2  :  101 

Deposit  by  employees  coming  within  article  after  July  1,  1931,  2:  98 

Disability  retirement,  2  :  94 

Effective  date  of  article,  2:  107 

Employees  to  whom  article  applies.  2:91 

Estimates  of  appropriations  necessary,  2:105 

Fund 

Establishment.  2 :  99 

Evaluation  of,  2  :  104  ^ 

Investment  of  portions  of,  2:100  J 

Involuntary  separation  fvam  service,  2:95.  and  note  ? 

Medical  examinations  in  case  of  disability  retirement.  2:94  | 

Method  of  coniputing  annuities,  2:96  > 

Moneys  not  assignable  or  subject  to  legal  process,  2:  106  > 

Optional  retirement  at  sixty  in  certain  cases,  2:92  I 

Past  service,  credit  for,  2 :  98 

Payment  of  ainiuities 
In  general,  2  :  102 
When  employee  legally  incompetent,  2:101 

Refunds,  payment  of,  2 :  102 

1202 


INDEX 

Retirement  of  Canal  and  Railroad  Employees — Continued 

Return  of  amounts  deducted  from  salaries,  2:101 

Rules  and  regulations,  2 :  105 

Voluntary  retirement  at  lifty-flve  in  certain  cases,  2 :  93 
Retroactive 

Civil  code  is  not,  3  :  3,  6 

Civil  procedure  is  not,  4  :  3 

Criminal  code  is  not,  5:  2 

Criminal  procedure  is  not,  as  to  proceedings  begun,  6 :  2 
Revenue 

Offenses  respecting  public  revenue,  5 :  621-627 
Review,  Writ  of 

Application  for  writ 

How  made,  in  general,  4 :  10.33 

Rules  authorized  respecting  manner  of  apiilicatinn  in  criminal  action;- 
p.  983,  sec.  723a 

Certiorari  denonunated  writ  of  review,  4 :  1031 

Directed  to  whom,  4  :  1034 

Extent  of  review  under,  4 :  1038 

Form  of  writ,  4:1035 

Hearing  on  return,  4 :  1039,  1081 

Judgment 

Copy  to  inferior  tribunal,  4 :  1040 
Rendition  of.  4:1039 

Judgment  roll,  what  constitutes,  4 :  1041 

Petition  for  writ,  4  :  1033 

Practice,  sections  which  apply  to,  4 :  1091 

Return  of  writ 

Perfecting  defective  return,  4 :  1039 

Time  for,  4:1081 

With  required  transcript,  4 :  1034,  1035 

Service  of,  manner  of,  4 :  1037 

Stay,  effect  of,  as,  4 :  1035,  1036 

What  to  contain,  4 :  1035 

When  may  be  granted,  4 :  1032 
Revision  of  Contract 

See  Re3X)rmation 
Revocation 

Gift,  of,  3:483,  486 

Letters,  of,  see  Executors  and  Administrators 

Proposal  to  contract,  of,  3:842,  843 

Will,  of,  see  Wills 
Reward 

Authorized  for  escaped  convicts  or  for  certain  offenders.  6 :  851 

Finder  of  property,  of,  3 :  1212,  1214 

For  procuring  return  of  fugitive  to  Canal  Zone,  forbidden,  6 :  871 

Ofl5cer  asking  or  receiving  for  oflScial  act,  5 :  94,  123 
Rights 

Enumeration  of  personal  and  civil  rights.  1 : 1 ;  3  :  41 
Riot 

See  Rout;  Unlawful  Assembly 

Definition  and  punishment,  5 :  594,  595 

Neglect  of  ofl5cer  to  disperse  rioters,  5 :  600 

Remaining  at  after  warning  to  disperse,  5 :  599 
Rivers 

See  Waters 
Roads 

See  Highways 
Robbery 

Assault  to  commit,  punishment,  5 :  311 

Defined,  5:291 

Fear  as  an  element  in,  5 :  292 

Murder  in  perpetration  of,  degree,  5 :  253 

Punishment  of,  5:293 


1203 


INDEX 

Robbery — Continued 

Stolen  property,  bringing  into  Canal  Zone,  5 :  56,  788 
Train,  boarding  with  intent  to  rob,  5:294 
Rout 

See  Riot 

Definition  and  punishment,  5 :  596,  598 
Remaining  at  after  warning  to  disperse,  5 :  599 
Rules 

See  Rbgiilations 

District  court,  of,  judge  to  prescribe,  7 :  27 
Evidence,  of,  see  Evtdexcb 

Magistrate's  court,  rules  authorized  governing,  7 :  6 
Pleading,  of.  see  Pleading 

Procedure  after  verdict  or  finding  of  guilt,  Supreme  Court  may  prescribe, 
p.  983,  sec.  723a 
Sabanas  Road 

Maintenance,  p.  854,  art.  8 
Safety  Appliance  Acts 

Extended  to  Canal  Zone,  2:241-244 
Sailors 

See  Seamen 
Sales 

See  Estates  of  Decedents  ;  Execution  ;  Foreclosure  of  Mortgage  ;  Guard- 
ian AND  Ward;  Transfer 
Acceptance  of  goods 

Action  for  damages  not  barred  by,  3 :  1029 

Buyer's  duty,  3 :  1021 

What  constitutes,  3  :  1028 
Actions 

Acceptance  of  goods  does  not  bar  actions  for  damages,  3 :  1029 

Breach  of  warranty,  for  damages  for,  3 :  1049 

Diversion  or  detention  of  goods  by  seller,  for,  3 :  1046 

Enforcement  of  rights  by.  3 :  1052 

Failure  to  deliver  goods,  for,  3 :  1047 

Nonacceptance  of  goods,  for  damages  for,  3 :  1044 

Price  of  goods  sold,  for,  3 :  1043 

Specific  performance,  action  by  buyer  for.  3 :  1048 
Adulterated  food,  etc.,  punishment.  5 :  542.  54:^ 
Agency,  authority  of  agent.  3 :  1640-1642 
Auction,  how  effected.  3  :  1001 
Baggage,  of,  by  innkeeper,  see  Innkeepet?s 
Breach  of  conditions  in  contracts  of.  3 :  091 
Breach  of  warranty,  remedies  for.  3:  1049 
By  person  having  voidable  title,  3 :  1004 
By  person  not  owner,  3  :  1003 

By  seller  in  possession  of  goods  already  sold,  3: 1005 
Cai)acity  to  buy  and  sell,  3:982;  see  Infants;  Insane  Persons 
Cases  not  provided  for.  rule  for.  3 :  1053 
Conditional,  see  Conditional  Sales 
Conditions  in  contracts  of.  effect  of  breach,  3 :  991 
Contract  to  sell,  defined.  3 :  981 

Creditors,  rights  against  sold  goods  in  seller's  possession,  3:1006,  2762 
Definitions 

Contracts  to  sell  and  sales,  3 :  981 

Express  warranty.  3:992 

In  general,  3:  1055 
Delivery  of  goods 

Buyer  not  hound  tn  return  goods  wrongfully  delivered,  3:1030 

Failure  to  deliver,  action  for,  3 :  1047 

Lia))ility  of  huj'er  for  failure  to  accept,  3: 1031 

Payment  and  delivery  concurrent  conditions,  3 :  1022 

Place,  time,  and  manner,  3 :  1023 


1204 


INDEX 

Sales — Continued 

Delivery  of  goods — Continued 

Seller's  duty,  3:  1021 

To  carrier  on  behalf  of  I)uyer,  3 :  1026 

Wrong  quantity,  delivery  of,  ■''):1024 
Destruction  of  goods  sold  or  conlracted  to  be  sold,  3:987,  988 
Examination  of  goods,  rights  of  buyer,  3 :  1027 
Existing  goods,  3  :  985 

Failure  of  consideration,  right  to  recover  payment,  in  case  of,  3:1050 
False,  punishment.  5 :  (399 
False  weights  or  measures,  5:711-716 
Form  of  contract.  3  :  983 
Frauds,  statute  ot  3 :  984  ;  4  :  2017 
Fraudulent 

After  previous  sale,  punishment,  5:696 

Punishment  of,  5  :  699 
Fraudulent  transfers,  see  Fraudut.knt  Transfers 
Fungible  goods,  3  :  986 
Future  goods,  3 :  985 
Grants,  see  Grants 

Implied  ol}ligations,  variation  from,  3:1051 
Intention   of   parties   as  to  passage   of   property,    rules   for   ascertaining, 

3 :  999 
Interest  and  special  damages,  righr  to  recover,  3 :  1050 
Interpretation  of  bill  of  sale,  3 :  461-466 
Lien  of  unpaid  seller,  3 :  1033-1036 

Mock  aviction,  obtaining  money  or  property  by,  punishment,  5 :  699 
Mortgage  or  otlier  security,  provisions  not  applicable  to,  3 :  1054 
Necessaries,  liability  for.  3 :  28.  30.  9S2  ;  see  Nkcessaries 
Negotiable  documents  of  title 

Attachment  or  levy  upon  goods  after  issuance  of,  3 :  1019 

Creditor's  remedies  to  reach,  3 :  1020 

Defined,  3 :  1007 

Delivery,  negotiation  by,  3:1008 

Indorsement,  negotiation  by,  3  :  1009 

Indorser  not  guarantor,  3  :  1017 

Negotiation  when  marked  nonnegotiable,  3 :  1010 

Person   to   whom    document   negotiated,    rights   of.   3 :  1013 

Purchaser  for  value,  rights  of,  3 :  1042 

Transfer  of,  3 :  1011,  1014 

Transfer  without  indorsement.  3  :  1015 

Transferee,  rights  of,  3 :  1014,  1015 

Warranties  on  sale  of,  3 :  1016 

What  are,  3  :  1007 

When  negotiation  not  impaired  by  fraud,  mistake,  or  duress,  3 :  1018 

Who  may  negotiate,  3  :  1012 
Nonacceptance  of  goods,  action  for  damages  for,  3 :  1044 
Payment  concurrent  with  delivery,  3 :  1022 
Price  of  goods 

Action  for,  3  :  1043 

Definition  and  ascertainment,  3 :  989,  990 
Property  passes  to  buyer,  when,  3 :  997-999 
Resale  by  seller,  3  :  1040 
Rescission  by  seller.  3 :  1041,  1045 
Reservation  by  seller  of  right  of  possession   or   property   in  goods  sold, 

3:1000 
Retroactive,  provisions  are  not,  3 :  1056 

Return  of  goods  wrongfully  delivered,  buyer  not  bound  to  make,  3:  1030 
Risk  of  loss,  when  transferred  to  buyer,  o  :  10()2 
Securities,  of,  see  Securities  Sales  Law 
Specific  goods,  when  title  passes,  3 :  998 
Specific  performance  of  contract,  3 :  1048 
Statute  of  frauds,  sales  within,  3  :  984  ;  4 :  2017 
Stoppage  in  transitu.  3  :  1037-1042 
Unascertained  goods,  when  title  passes,  3 :  997 

1205 


Sales — Continued 

Undivided  share  of  goods,  3 :  986 
Unpaid  seller 

Effect  of  sale  of  goods  subject  to  lien  or  stoppage  in  transitu,  3 :  1042 

Lien  of,  3:  1033-1036 

Remedies  of,  3:  1033 

Stoppage  in  transitu,  3:  1037-1042 

When  and  how  resale  may  be  made,  3 :  1040 

Who  is,  3 :  1032 
Unwholesome  food,  etc.,  punisliment,  5 :  544 
Warehouse  laws  not  affected,  3 :  1057 
Warranties 

Agent's  authority  to  make,  3 :  1640 

Description,  implied  warranties  in  sale  by,  3 :  994 

Express,  defined,  3:  992 

Implied,  3:  993-996 

Quality,  implied  warranties  of,  3 :  995 

Remedies  for  breach  of,  3 :  1049 

Sample,  implied  warranties  in  sale  by,  3 :  996 

Title,  implied  warranties  of,  3 :  993 
Writing,  necessity  of,  3 :  984,  4 :  2017 
Sales  of  Securities 

See  Secubities  Sai,es  Law 
Sanitation 

Panama  and  Colon,  in  cities  of,  p.  842,  art.  7 
Regulations  in  matters  of 

Authorized  2 :  371 

Punishment  of  violations,  2:  373 
Sanity 

See  Insane  Peksons 
Satisfaction 

See  Accord  and  Satisfaction 
Judgment,  of 

Attorney  may  acknowledge,  4 :  48 

How  made  and  entered,  4 :  550 

Who  may  take  acknowledgment  of,  4 :  33 
Legacies  and  gifts,  of,  3 :  619 
Recorded  mortgage,  of,  3 :  2247,  2249 
Saturday 

See  Holidays 

Negotiable  instruments  falling  due  on,  3 :  2436,  2524 
Seal 

Acknowledgment,  when  officer  must  affix  seal  to,  3 :  50O 

Certificate  of  public  officer,  seal  to,  4 :  1949 

Compromise  without,  good,  4 :  1966 

Defined,  4:  1962,  1963;  5:  5 

Distinction   between  sealed  and   unsealed  instruments  abolished,   3 :  890 ; 

4:  1964 
District  court,  of,  see  District  Court 
Effect  of ,  3  :  890 ;  4 :  1964 

Executive  office,  of,  falsely  making  or  forging,  p.  906,  sec.  131 
Government,  of,  counterfeiting  or  wrongfully  affixing,  p.  906.  sec.  130 
How  made,  4  :  1963  ;  5  :  5 

Public  or  corporate,  forging  or  counterfeiting,  5 :  723 
Seamen 

Of  vessels  of  United  States  at  Canal  Zone,  laws  applicable  to,  2 :  391 
Powers  of  shipping  commissioner  and  deputies  in  respect  to,  2 :  392 
Search 

Customs  officers,  by,  2:  66 
Defendant,  of,  when  ordered,  6 :  780 
Unreasonable,  forbidden,  1 :  1 
Search  Warrants 
Defined,  6:  761 
Directed  to  whom,  6 :  766 


1206 


INDEX 

Search  Warrants — Continued 

Dispositiim  of  property  taken,  G :  774 

Form  of,  6 :  761,  7G7 

General  laws  of  United  States  respecting 

Ai)i)lifation  to  Canal  Zone,  p.  951,  sec.  632 

Text  of,  p.  947,  sees.  611-633 
Inventory  of  property  taken,  6:  775,  776 
Issuance 

Affidavit  for,  6:  763 

Examination  of  complainant  and  witnesses,  6:  764,  765 

Grounds  for.  6:  762 

Manner  of,  6:  766 

Probable  cause  necessary,  6  :  763 

Taking  of  depositions  as  prerequisite,  6':764,  765 

Taking  testimony  wliere  grounds  controverted,  6 :  777 
Malicious  procurement,  a  misdemeanor,  5 :  171 
Property  taken  from  whom  and  from  what  places,  6 :  762 
Receipting  by  otlicer  for  property  taken,  6:773 
Restoration  of  property  taken,  6 :  778 

Return  of  papers  to  court  having  power  to  inquire  into  offense,  6 :  779 
Return  of  warrant,  6 :  775 
Service 

Authority  if  refused  admittance,  6 :  769 

Authority  in  liberating  self.  6 :  770 

Daytime  or  nighttime,  directions  as  to,  6 :  771 

Made  by  whom,  6 :  768 

Period  during  which  must  be  made,  6 :  772 
Second  Offenses 

See  Subsequent  Offenses 
Second  Prosecution 

See  Former  .Jeopardy 
Securities  Sales  Law 

Agent  and  broker  defined,  3 :  249 
Certificate  of  agent  or  broker 

Application  for,  3:244 

Examination  of  application,  3  :  245 

Fees,  3:247 

Issuance  of,  3 :  245 

Necessity  for,  3 :  244 

Revocation  of,  3:245 
Company  defined,  3  :  249 

Federal  securities  act  of  1933,  application  of,  p.  893,  .sees.  77a  to  77aa 
Penalty  for  violations,  3  :  248 
Permit  to  sell  securities 

Application  for,  3  :  241 

Designation  of  process  agent,  3 :  242 

Examination  of  application,  3  :  243 

Expiration  of,  3:243 

Fees,  3:247 

Issuance  of,  3  :  243 

Necessity  of,  3  :  241 

Revocation  of,  3  :  243 
Report  on  sale  of  securities,  3 :  246 
Securities  defined,  3  :  249 
Security 

See  Indemnity;  Suretyship 
Peace,  to  keep,  6 :  41-53 
Pledge,  by  way  of,  .see  Pledge 
Seduction 

See  Prostitution 

Damages  for,  3  :  2665 

Forbidden,  3 :  47 

Parent  or  guardian  may  sue  for,  4: 130 

Prostitution,  for  purpose  of,  corroboration  of  prosecutrix,  6 :  376 

Sitting  of  court,  private  in  action  for,  4 :  22 

1207 


INDEX 

Seduction — Continued 

Under  promise  of  marriiti;e 

Intermarriage  l>ars  prosecution,  5 :  4<)S 

Puuisliment,  5 :  407 
Unmarried  female  may  sue  for  Iier  own.  4 :  129 
Seizure 

Articles  illegally  imported,  2  :  63 
Customs  officers,  by,  2  :  66 
Unreasonable,  forbidden,  1 : 1 
Without  authority,  a  misdemeanor,  5 :  173 
Self-Defense 

Extent  of  right,  3 :  48  ;  6  :  31,  33 
Fear  as  justifying  homicide,  5:262 
Homicide  in,  justifiable,  5 :  261 
Sentence 

Sf^e  Execution:  Impkisonment  ;  Judgment;  Pxtnishment 

Arraignment  of  defendant  for,  6 :  492 

Bench  wnrrant,  where  defendant  does  not  appear  for,  6:488-491 

Consecutive  running  of  sentences,  0:516 

Death,  of,  execution,  6 :  521-533 ;  see  Execution 

Defendant 

How  brought  in  for,  6 :  487,  488 

Necessity  of  presence,  6 :  486 
Degree  of  crime,  determination  on  plea  of  guilty,  6 :  485 
Determination  of  punishment 

Duty  of  court,  6 :  482 

Hearing  circumstances  in  aggravation  or  mitigation  of,  6 :  494,  495 

Mitigation  when  act  already  punished  as  contempt..  6 :  496 

Where  minimum  only  is  prescribe<l,  6 :  484 

Where  undetermined  between  limits,  6 :  483 
Duty  of  court  in  general,  6 :  482 
Execution  of.  see  Execution 
Fine,  see  Fines 

Hard  laljor,  including  provision  for  in  case  of  felony,  6 :  498 
Insane  person 

Cannot  be  sentenced  while  insane,  6 :  811 

Inquiry  into  siinity  before  sentence,  6:812-816 
Presence  of  defendant,  necessity  of,  6 :  486 
Probation,  6 :  500,  501 ;  see  Probation 
Pronouncement  in  absence  of  cause  to  contrary,  6:  493 
Punishment,  see  Punishment 
Suspensiim  of  execution  of  death  sentence,  6:  523 
Time  for  i)ronouncing,  6  :  481 
Separation 

Agreement  for,  see  Husrand  .'.nd  Wife 
As  desertion,  3  :  77-80 
Servants 

See  Mastei!  and  Seevant 
Service 

See  Process  ;  Summons 

Bill  of  exceptions,  of,  4 :  525 

Citation  in  probate  proceedings,  how  served,  4:  1685 

Comphiint,  copy  of.  4:165 

Guardian,  on,  in  probate  proceedings,  4 :  1694 

Notice  of  motion,  time  of,  4 :  933 

Notices  and  papers,  of 

Attornev,  on,  4 :  941,  942,  946 

Clerk,  on,  4  :  942,  946 

Extension  of  time  for,  4 :  960 

How  served  in  general,  4 :  941-947 

Mail,   by.   4:942-944 

Need  not  be  served  on  party  defaulting  or  not  appearing,  4:525,  945 

Nonresident,  on,   4:946 

Pivwable  by  affidavit.  4:2071 

Upon  whom  served,  4 :  941,  942,  946 

1208  I 


INDEX 

Service — Continued 

Particular  proceeding,  in,  see  Particular  Subject 

Pleadings  subsequent  to  complaint,  4 :  263 

Process,  of,  see  Process 

Subpena,  of,  4 :  2043,  2044  ;  6 :  656 

Summons,  of,  see  Summons 
Set-Oflf 

Assignment  of  chose  not  to  prejudice,  4: 123 

Cross-demands  deemed  compensated,  4 :  225 

Improvements  as,  in  ejectment,  4 :  664 
Sewer  Systems 

Panama  and  Colon,  in  cities  of,  p.  842,  art.  7 
Shipping 

See  Admiralty  Vessels 

Anchorage  and  movement  of  vessels  in  time  of  national  emergency,  2:12; 
p.  1014,  sec.  191 

Customs  service,  see  Customs  Service 

Damages  for  injuries  to  vessels,  etc.,  in  locks,  2 :  10 

Death  on  high  seas  by  wrongful  act,  note,  p.  996,  sec.  761 

Deportation  of  person  on  vessel  bringing  him   to  Canal  Zone,  2 :  141 

Inspection  of  Vessels,  2 :  151-160 ;  see  Inspection  of  Vessels 

Invoices,  landing  certificates,  etc.,  fee  for  certification,  2 :  67 

Manifest,  omission  of  merchandise  from,  2  :  64 

Materials,  supplies,  and  services  for  vessels,  providing,  2 :  51,  52 

Merchant  marine  act,  1928,  note,  p.  996,  sec.  891 

Mismanagement  of  vessel  causing  boiler  explosion,  punishment,  5 :  522,  523 

Navigation  of  harbors  and  other  waters  of  Canal  Zone,  regulation,  2 : 9 

Passage  and  control  of  vessels  through  Canal,  regulation,   2 : 9 

Pilots  and  pilotage  in  Canal  and  approaches,  regulation,  2 : 9 

Radio  equipment  on  ocean-going  vessels  using  ports,  2  :  361,  362 

Registry,  provisional  certificates  to  vessels  abroad,  p.  991,  sec.  12 

Sea  stores,  omission  from  list,  or  landing  of ,  2 :  65 

Seamen,  see  Seamen 

Shipping  act,  1916,  note,  p.  996,  sec.  801 

United  States  vessels  or  cargoes,  suits  by  or  against,  p.  991,  sec.  741 

Withholding  clearance   of   vessel   bringing   undesirable   person,   2 :  141 
Shipping  Commissioner 

Powers  in  respect  to  seamen  of  vessels  of  United  States,  2 :  392 
Signal  Lights 

Altering  to  endanger  vessel,  5 :  839 
Signature 

By  mark,  3 :  12 ;  4:8;  5:5 

For  testator  by  another,  3 :  527 

Includes  mark,  3  :  12  ;  4:8;  5:5 

Obtaining 

By  extortionate  means,  punishment,  5 :  685 

By  false  pretenses,  proof,  6 :  379 

By  fraudulent  sale  of  property,  punishment,  5 :  699 

Will,  to,  see  Wills 
Signs 

Erecting  without  consent  of  owner  of  property,  5 :  802 

Placing  on  property  of  United  States  or  Panama  Railroad.  5 :  843 

Warning  against  trespassing  on  reservations,  injury  to,  5:846 
Slander 

Answer,  4 :  259 

Defamation  is  effected  by,  3 :  42 

Defined,  3:44 

Malice  not  inferred,  3 :  46 

Pleading  in  actions  for,  4 :  258,  259 

Privileged  communications,  3 :  45 

Right  to  protection  from,  3 :  41 
Slot  Machines 

Possessing  or  permitting  maintenance  of,  5 :  463 


9I3083--34 77  1209 


INDEX 

Special  Partnership 

Affidavit  as  to  sums  contributed,  filing  of,  3 :  1815 
Business  of,  general  partners  only  can  do,  3:1821 
Certificate  of 

Acknowledgment  and  recording,  3 :  1814 

False  statements  in.  liability  for,  3 :  1832 

Requisites  of,  3  :  1813 

Where  new  partner  or  change  in  firm,  3 :  1841.  1842 
Contract  with,  one  making  cannot  charge  as  general  partners,  3 :  1834 
Dissolution,  3 :  1843 
Formation  of,  3  :  1811-1817 
General  partners 

Liability  of,  3:1831 

May  sue  and  be  sued  alone,  3 :  1824 
General  partnership 

Is  special  to  wliat  extent,  3 :  1751 

When  becomes,  special,  3 :  1S41 
Insolvency 

Creditors  preferred  to  special  partner,  3 :  1823 

Preferential  transfers  void,  3  :  1828 
Interest  and  profits  of  special  partner,  3 :  1826 
Liability  of  partners,  3  :  1831-1834 
Loan  or  advancement  by  special  partner,  3:1823 
May  consist  of  what,  3 :  1812 
Name  of  special  partner,  use  of,  3 :  1844 
New  partner,  how  admitted,  3 :  1841,  1842 
Powers  of  special  partner,  3 :  1822,  1823 
Renewal  or  continuance,  3 :  1817 

Withdrawal  of  capital  by  special  partner,  3 :  1825,  1827 
Special  Proceedings 

Action  includes,  4 :  113 
Affidavit,  how  used  in,  4 :  2071 
Agreed  case,  see  Agreed  Case 
Certiorari,  see  Review,  Writ  of 

Confession  of  judgment,  see  Confession  of  Judgment 
Contempt,  see  Contempt 

Discharge  of  person  imprisoned  on  civil  process,  4 :  1121-1132 
Escheat,  see  Escheat  of  Property 
Mandamus,  see  Mandamus 
Name,  change  of,  see  Names 
Particular  proceeding,  see  particular  subject 
Prohibition,  writ  of,  see  Prohibition 

Summary  proceedings  to  recover  possession  of  realty,  4 :  1141-1158 
Verification  may  be  by  affidavit,  4 :  2071 
What  constitutes  generally,  4  :  11 
Writ  of  review,  see  Review,  Writ  of 
Special  Performance 

Decedent's  contract  to  transfer  or  convey  property,  4:1541-1551 

Liquidation  of  damages  not  a  bar  to,  3:2704 

Mutuality  of  remedy  as  prerequisite,  3:2702 

Obligations  or  agreements  which  cannot  be  enforced  specifically,,  3 :  2705- 

2707 
Penalty  or  forfeiture,  not  granted  to  enforce,  3 :  2684 
Reformed  contract,  of,  3  :  2714 
Right  to  generally,  3  :  2701 

Signature  to  contract  by  one  party  only,  effect,  3 :  2703 
Specific  or  ascertained  goods,  contract  to  deliver,  3 :  1048,  2692 
Specific  relief,  see  Specific  Relief 

AVhat  parties  cannot  be  compelled  to  perform,  3 :  2706 
What  parties  cannot  have,  3 :  2707 
Specific  Relief 

See  Specific  Performance 

Cancelation  of  instruments,  3:2731-2733 

How  given,  3  :  2682 

Penalty  or  forfeiture  not  enforceable  by,  3 :  2684 

1210 


INDEX 

Specific  Relief — Continued 

Possession  of  personal  property,  o :  2G91,  2692 
lieissuanee  of  lost  or  destroyed  instruments,  3 :  27,'M 
Rescission  of  contracts,   3:2721-2723 
Revision  of  contracts,  3  :  2711-2714 
Specific  performance,  3  :  2701-2707 
When  given,  in  general,  3:2011,  2681 
Speech 

Freedom  of.  1:1 
State 

Term  includes  what,  4:8;  5:5 
Statute  of  Frauds 

Assignment  for  creditors,  3 :  2780,  2781 
Guaranty.  3:886,  2073,  2074:   4:2017 
In  general,  3  :  8SG,  984  ;  4  :  2017 
Mortgage 

Creation  of,  3:2232 
Power  of  attorney  to  execute,  3 :  2242 
Oral  contracts 

Enforcing  against  fraudulent  party,  3 :  885 
What  contracts  may  be  oral,  3 :  884 
Oral  transfer  may  be  enforced,  when,  3 :  451 
Real  property,  agreements  relating  to,  3  :  886 ;  4 :  2015-2017 
Representation  as  to  credit  of  third  person  to  be  written,  4:2018 
Sale  of  personality  over  $50  is  witliin,  3  :  984 ;  4  :  2017 
Trusts 

Realty  in,  necessity  of  writing,  4 :  2015,  2016 
Transfer  of  interest  in  must  be  written,  3 :  452 
What  contracts  must  be  written,  in  general,  3 :  886,  984 ;  4 :  2017 
Statute  of  Limitations 

See  Limitation  of  Actions 
Statutes 

See  Evidence  ;  Law 
Construction 

Civil  code  provisions,  of,  3 : 4,  5 
Court  confined  to  terms  or  substance,  4 :  1876 
Criminal  code  provisions,   of,   5:3 
Effect  to  be  given  to  all  parts,  4:1876 
Giving  effect  pi-eferred,  3  :  2863 
Intention  of  legislature  to  govern.  4:1877 
Natural  right,  in  favor  of,  4 :  1884 
Particular  provisions  qualify  general,  3  :  28.56  ;  4 :  1877 
Question  is  for  court,  4  :  2182 
Reasonable,  must  be,  3  :  2864 

Words  and  phrjises  in  respective  codes,  of,  3 :  11 ;  4:7;  5:4 
Definitions  of  terms  used  in   respective  codes,  3 :  12 ;  4:8;   5:5 
Foreign,  evidence  of,  4 :  1926,  1927 
Private 

Defined,  4:1924 
Pleading  of,  6  :  194 
Public,  defined,  4 :  1924 
liecitals  in,  as  evidence,  4 :  1929 

Retroactive,  respective  codes  are  not,  3:3;  4:3;  5:2;  6:2 
State,  evidence  of  written  biw  of,  4:1926,  1927 
Written  law 

Defined,  4 :  1923 

Of  State  or  foreign  country,  evidence  of,  4 :  1926,  1927 
Stay 

Proceedings,  of,  see  Continuance 
Steam  Boilers 

Inspection,  see  Inspection  of  Vessels 

Punishment  for  mismanagement   resulting  in   explosion,   5 :  521-523 
St.  Elizabeths  Hospital 

Transfer  to.  of  citizens  adjudged  insane,  4 :  1763 


1211 


INDEX 

Stenographer 

Judicial  officer  asking  or  receiving  fees  of,  5 :  124 

Offering  fees  for  appointment  by  judicial  officer,  5:125 
Stolen  Property 

See  Larceny 
Stoppage  in  Transitu 

See  Sales 
Storage 

See  Deposits  ;  Warehousemen 

Compensation  for  fraction  of  week  or  month,  3 :  1133 

Defined,  3 :  1181 

Degree  of  care  required  of  depositary,  3 :  1132 

How  terminated,  3:1134,  1135 

Lien  for  charges  and  advances,  3 :  1136   1137 

Sale  of  iDerishables  or  baggage,  3:1137,  1202 
Streams 

See  Waters 
Street  Railways 

Operation  of  cars  at  crossings,  2 :  331-333 
Subdivisions 

Of  Canal  Zone.  estal>lishment  authorized,  2 : 4 
Submitting  Controversy 

Without  action,  4 :  1111-1113 ;  See  Agreed  Case 
Subordination  of  Perjury 

See  Perjury 
Subpenas 

Defined,  4:2041 

Disobedience  to 

Arrest  of  witness,  4:2048,  2049 

As  contempt,  4 :  1163,  2046 

Liability  of  witness  to  party  aggrieved,  4 :  2047 

In  general,  4:2041-2049 

Issued  how,  by  whom,  and  for  what  purposes,  4 :  2042 

Magistrate  may  issue  to  any  part  of  subdivision,  4 :  841 

May  require  production  of  books,  papers,  etc.,  4 :  2041 

Officer  taking  proof  of  instruments  may  issue,  3:507 

Person  present  in  court  compelled  to  testify  without,  4 :  2045 

Served  how,  4 :  2043,  2044 

IN    CRIMIN^VIi    ACTIONS 

Defined,  6:651 
Disobedience  to 

As  contempt,  5:212;  6:658 

Civil  Uability  for,  6:659 
Fee  for  issuance,  as  element  of  costs,  6 :  392 
Form  of,  6 :  654 

For  defense  witnesses   6 :  122,  652,  653 

For  witnesses  for  prosecution,  6:123,  652,  653 

Who  may  issue,  6 :  652,  655 

Service  of,  6  :  656 
Subrogation 

Creditor,  of,  to  benefit  of  securities  held  by  surety,  3 :  2151 

Person  redeeming  property  from  lien,  of,  3 :  2211,  2212 

Surety,  of,  see  Suretyship 
Subscribing  Witnesses 

See  Witnesses 
Subscription 

Includes  mark    3:12;  4:8;  5:5 

Will,  to,  see  Wills 
Subsequent  Ofifenses 

Foreign  conviction  of  former  offense,  5 :  73 

Habitual  criminals,  5  :  74-76 

Information,  manner  of  charging  previous  conviction  in,  6:195 

Plea  and  procedure  on  charge  of  previous  conviction,  6 :  280 

1212 


Subsequent  Offenses — Continued 
i'uuishinent   nf,   5:71-74 

Verdict  or  lindins:  on  cliarge  of  previous  conviction,  6:413 
Substitution 

See  Subrogation 
Attorney,  of,  see  Attorneys 
Of  one  infant  for  another,  punishment,  5:234 
Succession 

See  Estates  of  Dkcedents  ;  Executors  and  Administrators 

Action   to   determine   heirsliip,   4 :  l(i21 

Advancements,  see  Advancements 

Aliens,  inheritance  by,  3:2G3,  651 

A«  mode  of  acquiring  property,  3:401 

Children 

Born  after  death  of  testator,  3:24,  291,  544,  554,  590,  650 
Born  after  execution  of  will,  3 :  554.  556,  557 
Illegitimate,  succession  by  or  from,  3 :  634,  635 
Unprovided  for  in  will,  3 :  554-557 
Clothing  goes  to  surviving  wife  without  administration,  3 :  649 
Collateral  consanguinity.  3 :  037.  640 
Community  property,  to,  on  death  of  spouse,  3 :  648,  649 
Consanguinity  computed   how,   3 :  630-041 
Defined,  3 :  631 

Degrees  of  kindred,  computation  of,  3:636-640 
Descent,  rules  of,  3  :  633 
Direct  or  lineal  consanguinity,  3 :  637-639 

Distribution  of  community  property  on  death  of  spouse,  3 :  648,  649 
Escheat   of  property,   in   general,   3:633,   652;   4:    1181;    see   Escheat   of 

Property 
Fraudulent   production    of    infant    to    intercept    inheritance,    punishment, 

5:233 
Future  interests  pass  by,  3 :  292 
General  rules  of,  3 :  633 

Half  blood,  kindred  of,  inheritance  by,  3 :  641 

Heirs,  pro])erty  of  intestate  passes  to,  subject  to  administration,  3:  632 
Household  effects  go  to  surviving  wife  without  administration,  3 :  649 
Husband   and  wife,   from   each   other,   provisions  apply  onlv   to  separate 

property,  3 :  647 
Illegitimate  child,  succesion  by  or  from,  3 :  634,  635 
Kindred,  degrees  of,  how  computed,  3 :  636-640 
Liability  of  successor  for  decedent's  obligations,  3 :  653 
Life  insurance  may  pass  by,  3 :  2033 
Murderer  of  decedent  not  to  succeed,  3 :  654 
Posthumous    children,    rights    of,    3:24,    291,    544,    554,    590,    650;    see 

Posthumous  Children 
Pretei-mitted  child,  by,  3  :  554-557 

Property  of  intestate  passes  to  heirs,  subject  to  administration,  3 :  632 
Representation,  inheritance  by  right  of,  3 :  650 
Rules  of,  in  general,  3 :  633 

Successor  liable  for  decedent's  obligations,  3 :  653 
Suicide 

Aiding  or  encouraging  punishment,  5 :  502 
Summary  Proceedings 

See  Arrest;  Forcible  Entry  and  Unlawful  Detainer;   Special   Proceedings 
Particular  writs,  see  subject  in  question 
Summons 

See  Process 

Alias,  manner  and  time  of  issuing,  4 :  164 

Appearance  equivalent  to  service.  4 :  162,  171,  416 

Complaint  must  be  served  with,  4 :  165 

Contains  what,  4 :  163,  182 

Criminal  complaint  against  corporation,  on,  6 :  831,  832 

Cross-complaint,  on,  4 :  227 

Dismissal  for  failure  to  issue  and  serve,  4 :  416 

1213 


INDEX 

Summons — Continued 
Divorce  actions,  in 

In  general,  4:181,  182 

Personal  service  as  prerequisite  to  judgment  for  alimonj',  3 :  120 
Fees  for  service  or  attempted  service,  4 :  986,  987 
Forcible  entrv  and  unlav/ful  detainer,  in,  4:1148 
Form  of,  4 :  163,  182 
Issuance 

Divorce  action,  in,  4  :  182 

How  issued,  4 :  163,  182 

Time  for,  4  :  162,  416 
Joint  debtors  may  be  summoned  after  judgment,  4 :  901 
Jurisdiction,  acquired  when,  4  :  171 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Mailing  in  case  of  publication,  4 :  169,  182 
Particular  proceedings,  in,  see  particular  subject 
Publication  of 

Default  for  failure  to  answer,  procedure,  4 :  421 

Divorce  actions,  in,  4 :  182 

Manner  of,  4 :  169,  182 

Proof  of  service  by,  how  made,  4 :  170,  182 

When  may  be  ordered,  4 :  168,  182 
Return 

By  whom  and  bow  made,  4:  365,  182 

Limitation  of  time  for,  4  :  416 
Service 

Appearance  is  equivalent  to,  4 :  162,  171,  416 

Associates  in  business,  on,  4 :  144 

Company  authorized  to  sell  securities,  on,  3 :  242,  244 

Designation  of  agent  for  receipt  of,  3 :  221,  242,  244 

Divorce  actions,  in,  4  :  182 

Foreign  corporation,  on,  3  :  221 ;  4  :  166,  168 

Guardian,  on,  in  probate  proceedings,  4 :  1694 

In  either  division,  4  :  151 

Manner  of,  in  general,  4 :  165,  166 

Part  of  defendants,  on,  procedure  after,  4 :  167 

Personal  service 

Outside  of  Canal  Zone,  4 :  169,  182 

Relief  from  judgment  where  not  made,  4 :  275 

When  necessary,  3  :  120  ;  4  :  166 

Proof  of  service,  4 :  170,  2071 

Publication,  see  that  subhead,  supra 

Time  for,  4  :  416 
Waiver  of,  4  :  162,  171 
Sunday 

See  Holidays 

Day  of  maturity  falling  on,  3 :  2436 
Last  day  falling  on,  computation  of  time,  3:  2594 
Supplementary  Proceedings 

Arrest  of  debtor,  when  ordered,  4 :  622 

Commitment  of  debtor,  4  :  622 

Debtor  of  defendant  may  pay  creditor  when,  4 :  623 

Disobeying  orders  in,  punishment,  4 :  028 

Examination    of   person    owing   or   having   propertv    of   judgment    debtor. 

4:624 
Magistrate's  court,  in,  4  :  816 
Orclering  property  applied  on  execution,  4 :  620 
Proceedings 

To  apply  property  on  judgment,  4 :  622 

To  compel  appearance  and  answer  by  del)tor,  4  :  621.  622 

Where  third  person  asserts  claim  or  denies  dol)I.  4:627 
Witnesses,  requiring  appoarance  and  testimony,  4:625 
Support 

See  Husband  and  Wife;  Parent  and  Child 


1214 


INDEX 

Supreme  Court 

Power  to  presorilie  criminal  procedure  after  verdict  or  finding  of  guilt, 

p.  0S3,  sec.  728a 
Right  to  review  cases  appealed  to  Circuit  Court  of  Appeals,  7 :  62 
Suretyship 

See  Bail;  Bonds;  Guaranty;  Indemnity;  Undertakings 

Action  l).v  surety  to  compel  satisfaction  of  debt  by  principal,  4 :  956 

Apparent  principal,  right  to  show  himself  a  surety,  3:2122 

Attorneys  as  sureties  on  bonds  filed  in  court,  4:45 

Bail,  sureties  when  are  called,  3 :  2049 

Compelling  performance  by  principal,  3  :  2143  ;  4  :  956 

Contribution 

From  cosureties,  right  to  require,  3 :  2145 

Release  as  affecting,  3  :  793 

Right  of  person  satisfying  more  than  his  share  of  judgment,  4:  610 
Corporation  as  surety,  4  :  962-964 
Definition  of  surety,  3  :  2121 
Discharge  of  surety  by  acts  of  creditor,  3 :  2135 
Executors  and  administrators,  sureties  on  bonds  of,  see  Executors  and 

Administrators 
Exoneration  of  surety,  what  acts  effect,  3 :  2134,  2135,  2142 
False  personation  in  becoming,  punishment,  5 :  691 
Guarantor,  surety  has  rights  of,  3 :  2141 
Insufficient,  sureties  becoming,  on  undertaking  authorized  or  required  by 

law,  4 :  963 
Interpretation,  general  rules  of,  3  :  2132 

Joinder  of  sureties  on  same  or  separate  instruments,  4 :  139 
Judgment  against  surety 

Conclusive  against  principal  when,  4 :  1938 

Does  not  alter  relation,  3^:  2133 

Surety  paying  judgment  may  compel  repayment,  4 :  610 
Justification  of  sureties 

Corporate  sureties  on  bonds.  4 :  964 

Extension  of  time  for,  4 :  960 
Letters  of  credit,  3  :  2161-2169 
Limitation  on  liability  of  surety,  3:2131 

Neglect  of  creditor  to  proceed  against  principal,  effect  of,  3 :  2142 
Performance 

By  principal,  surety  may  compel,  3  :  2143  ;  4 :  956 

Exonerates  surety,  3  :  2134 
Property  of  principal  to  be  taken  first,  3 :  2147 
Reimbursement  of  surety,  3  :  2144  ;  4 :  610 

Replevin  bond,  when  surety  not  bound  by  affidavit  of  value,  4 :  275 
Requiring  creditor  to  proceed  against  principal,   3 :  2142 
Securities 

Creditor  entitled  to  those  held  by  surety,  3 :  2151 

Surety  entitled  to  those  held  by  creditor  or  cosurety,  3:2146 
Statute  of  frauds,  effect  on  contract,  3 :  886 
Subrogation  of  creditor,  3  :  2151 
Subrogation  of  surety 

In  general,  3  :  2145,  2146 

On  appeal  bond,  4  :  969 

On  paying  judgment,  4 :  610,  969 
Undertakings  in  particular  proceedings,  see  subject  in  question 
When  surety  bound,  principal  is  also,  4 :  1938 
Survey 

Monuments,  injury  to,  punishment,  5 :  833 
Survival 

Abatement 

Action   by  or  against  Canal   Zone  or   Government   officer,   when   not 
abated,  p.  984,  sec.  780 

Action  not  abated  by  death,  disability,  or  transfer,  when,  4:141 
Chose  in  action,  of,  3 :  372 
Limitation  of  actions,  effect  of  death  of  party  on,  4 :  104,  106 


1215 


INDEX 

Survival — Continued 

What  actions  survive,  in  general,  4: 1522-1524 

Wrongful  death,  actions  for,  see  Wrongftil  Death 
Survivorship 

Between  cotrustees,  3  :  1602 

Presumption  as  to,  4 :  2007 
Suspension 

Execution  of  judgment  of  death,  of,  6:  523 

Sentence,  of,  ordering,  and  placing  defendant  on  probation,  6 :  500 
Swearing 

See  Profane  Language 
Taxes 

Automobiles,  on,  may  be  graded  according  to  value  or  power,  2 :  321 

By  Panama,  exemption  of  Canal,  auxiliaries,  and  employees,  p.  843,  art.  10 

Failure  to  give  proper  receipts,  punishment,  5 :  626 

Narcotic  importers,  etc.,  in  Canal  Zone,  on,  p.  977,  sec.  1054 

Possession  of  improper  blank  licenses,  5 :  627 

Regulations  for  levying,  assessing,  and  collecting,  2:401,  402 

Self-propelled  vehicles,  taxing  of  use  and  operation,  regulation,  2 :  321,  322 
Technical  Words 

How  construed,  3 :  11,  581,  911 ;  4:7 

Not  necessary  in  will,  3 :  582 
Telegraphs 

See  Carriers  of  Messages 

Altering  message,  5 :  856 

Bribing  operator  to  disclose  message,  5:854 

Cables,  see  Cabtjes 

Disclosing  contents  of  message,  5 :  855 

Failure  to  send  or  deliver  message,  5 :  851 

Forgery  of  message,  5 :  725 

Fraudulently  obtaining  or  using  message,  5 :  853 

Lines,  injury  to  or  obstruction  of,  5:  831 

Official  dispatches  of  Panama,  rates,  p.  844,  art.  11 

Opening  or  fraudulently  obtaining  message  of  another,  5 :  857 

Operator  concerned  with  movement  of  trains,  intoxication  of,  5 :  526 

Operator  using  information  derived  from  message,  5 :  852 

Sending  false  message  by,  5 :  725 

Wireless  telegraphic  installations,  2 :  421 
Telephones 

See  Carriers  of  Messages 

Failure  to  send  or  deliver  message,  5 :  851 

Injury  to  or  obstruction  of  lines,  5:  831 

Official  dispatches  of  Panama,  rates,  p.  844,  art.  11 

Sending  false  message  by,  5 :  725 
Tenants 

See  Landlord  and  Tenant 
Tenants  in  Common 

See  Joint  Tenants 

Delivery  by  depositary  of  thing  owned  by,  3 :  1106 

Husband  and  wife  as,  3 :  137,  280 

Insurance  not  avoided  by  transfer  between,  3 :  1891 

Interests  in  common,  3 :  275,  278,  279 

Legatees  take  as  owners  in  connuon,  when,  3 :  601 

May  jointly  or  severally  sue  or  defend,  4:  140 

Partition  and  distribution  of  estates  of  decedents,  4:1631-1641 

Waste,  liability  for,  4  :  652 

AVhere  thing  made  from  nmtorials  of  several  owners,  3 :  418 
Tender 

Objection  to  must  be  specified,  4:2153 

Of  performance  of  an  obligation,  3:731-751 

Offer  in  writing  equivalent  to,  4 :  2151 
Tense 

Of  wiirds  in  respective  codes,  3 :  12 ;  4:8;  5:4 


1216 


IJJDEX 

Territories 

Acknowledgement  of  instruments  affecting  land  in,  3:  512 
Included  in  words  State  and  United  States,  4 :  S ;  5:5 
Public  writings  of,  4:  1950 
Testify 

Includes  what,  3  :  12  ;  4:8;  5:5 
Testimony 

See  EviDKNCE ;  AVitnesses 
Things  in  Action 

See  Chosbs  in  Action 
Threatened  Offenses 

Proceedings  in  case  of,  6 :  41-53 
Threatening  Letters 
See  Threats 

Mailing  of,  p.  923,  sec.  338a,  338b 
Sending  of 

A  misdemeanor,  5  :  371 

Offense  complete  when,  5  :  30 

With  intent  to  extort  money,  5 :  686 
Threats 

See  Extortion  ;   Threatening  Letters 

Commission  of  crime  under  threat,  liability,  5 :  57 

Contract  obtained  through,  voidable,  3 :  823 

Desertion  caused  by,  divorce,  3 :  76 

Drawing  deadly  weapon  in  threatening  manner,  5 :  604 

Extortion 

Attempt  by  verbal  threats,  5 :  687 

What  may  constitute,  5  :  682 
Libel,  to  publish,  punishment,  5 :  361 

Mailing  threatening  communications,  p.  923,  sec.  338a,  338b 
Menace  defined,  3:826 
Obtaining  signature  by  means  of,  5 :  685 
Will  procured  by,  void,  3 :  522 
Tickets 

Counterfeiting  railroad  tickets,  5 :  739 
Larceny  of 

Evaluation,  5 :  776 

Where  completed  but  not  delivered,  5 :  777 
Restoring  canceled  railroad  tickets,  5 :  740 
Time 

Computation  of,  3:9;  4:6 
Does  not  confirm  void  act,  3 :  2861 

Extension  of  time  for  acts  relating  to  pleading  or  practice,  4 :  960 
Information,  allegation  of  time  of  offense  in,  6: 187,  191 
Lapse  of,  see  Limitation  of  Actions 
Priority  in  time  is  priority  in  right,  when,  3 :  2847 
Title 

Admissibility  of  abstracts  where  records  burnt  or  lost,  4 :  1873 
Claim  of,  defense  to  embezzlement,  5 :  668 
Declarations  or  admissions  of  predecessor,  admissible,  4 :  1806 
Ownership,  see  Property 

Quieting  title,  4 :  661-670 ;  see  Quieting  Title 
Sale,  on,  see  Sales 

Transfer,  what  passes  by,  3 :  471 ;  see  Transfer 
Tolls 

Panama  Canal  tolls,  see  Panama  Canal 
Torts 

See  Injuries  ;  Wrongs 

Agent,  of,  liability  of  principal,  3 :  1659,  1660 

Damages 

Exemplary,  in  case  of  oppression,  fraud,  or  malice,  3 :  2641 

In  general,  see  Damages 

Measure  of  damages  for  wrongs,  3:2661-2666 

Person  suffering  detriment  may  recover,  3 :  2621 
Deceit,  3 :  972-974 ;  see  Deceit 

1217 


INDEX 

Torts — Continued 

Force  may  be  used  as  protection,  when,  3 :  48 

Fraud,  see  Fraud 

Indemnity  against,  3:  2042,  2043 

Infant's  liability  for,  3  :  33 

Injury 

In  general,  see  Injuries 
To  person,  defined,  4  :  16 
To  property,  defined,  4 :  15 

Insane  person's  liability,  3 :  33 

Interest  in  actions  ex  delicto,  3 :  2632 

Kinds  of,  4:  14 

Libel,  see  Libel 

Limitation  of  actions  for,  see  Li^iitation  of  Actions 

Married  woman,  liability  for,  3 :  148 

Negligent  acts,  liability  for,  in  general,  3 :  977 ;  see  Negligence 

Obligation  to  abstain  from  injury  to  others,  3 :  971 

llestoration  of  thing  wrongfully  acquired,  3 :  975,  976 

Slander,  see  Slander 

Unlawful  acts  or  omissions,  right  to  damages  for,  3 :  2621 

Willful  acts,  liability  for,  3:977 
Towns 

Establishment  in  Canal  Zone,  2 :  4 

Magistrate's  court  in  each  town,  7 : 1 

Revocable  licenses  for  lots  in  town  sites,  2 :  304 
Trade  Marks 

Laws  of  United  States  extended  to  Canal  Zone,  3 :  391 

Ownership,  subject  of,  3  :  252 
Train  Robbery 

See  Robbery 
Train  Wrecking 

Acts  done  with  intention  of,  punishment,  5 :  303 
Transcript 

Reporter's,  prima  facie  correct,  4 :  36 
Transfer 

See  Assignments  ;  Grants  ;  Sales 

Acknowledgment,  see  Acknowledgments 

As  mode  of  acquiring  property,  3  :  401 

Called  grant  or  bill  of  sale  if  in  writing,  3:  454 

Contract  by  decedent  to  transfer  property,  compelling  completion,  4:1541- 
1551 

Defeasance,  right  to  show  transfer  made  subject  to,  3 :  2235 

Defined,  3:431 

Delivery 

Absolute,  delivery  to  grantee  must  be,  3 :  457 

Constructive,  3 :  459 

Date  of,  presumption  as  to,  3 :  456 

In  escrow,  3 :  458 

Necessity  of,  3 :  455 

Effect  of,  3 :  471,  472 

Fraudulent,  see  Fraudulent  Transfers 

Future  interests  pass  by,  3 :  292 

Gift,  see  Gifts 

Grant 

Includes  whatever  is  essential  to  use,  3 :  2844 
Written  transfer  is  called,  3 :  454 

Guardian,  conveyance  by,  completing  ward's  contract  of  sale,  4 :  1795,  1S21, 
1822 

Heirs,  issue,  or  children,  proceedings  to  determine  identity,  4:1695 

Incidents  follow  thing  transferred,  3 :  472,  2862 

Insured  thing,  of,  effect  of,  3:  1888-1891 

Interpi'etation  of  grants,  3:461-466 

Life  insurance  policy,  of,  3:  2033,  2034 

Mode  of  transfer,  3 :  451-459 


1218 


I2iDEX 

Transfer — Continued 

Mortgage 

Not  to  be  deeuied  a  conveyance,  4 :  G67 
Wlien  transfer  deemed  a  mortgage,  3 :  2234,  2235 
Nonnegotiable  instrument,  of,  3 :  713 
Obligation 

Burden  of,  not  transferable,  3 :  711 
Rigbts  arising  from,  are  transferable,  3 :  712 
Oral,  wben  may  be,  3 :  451 
Personal  property 
Sales,  see  Sales 
Wlieu  deemed  pledge,  3:2282 
Possibility,  of,  3 :  442 
Property  susceptible  of,  3 :  441 
Real  property,  necessity  of  writing.  4 :  2015-2017 
Reentry,  rigbt  of,  may  be  transfeii'-d,  3 :  443 

Statute  of  frauds,  3  :  886,  984 ;  4 :  201  ',-2017  ;  see  Statute  of  Frauds 
Title,  what  passes,  3 :  471 

Trust,  transfer  of  intei-est  in,  bow  made,  3 :  452 
Voluntary,  defined,  3  :  432 
What  may  be  transferred,  3 :  441 
Will,  effect  on,  3:550,  551 
Written,  is  called  a  grant  or  bill  of  sale,  3 :  454 
Treason 

Number  of  witnesses  to  prove,  4 :  1861,  2012 
Treaties 

Affecting  Panama  Canal  and  Canal  Zone,  p.  833 
Trees 

Fixtures,  are,  3 :  257 
Injuries  to,  punishment,  5 :  802,  834 
Trespass 

Accession  to  property  by  willful  trespasser,  rights  of  owner  on,  3 :  419 
Damages  for  wrongfully  using  property  of  another,  3 :  421 
Malicious,  on  realty,  punishment,  5 :  802 

Upon  Government  or  Railroad  reservation  after  posting,  5:844^846 
Trial 

See  Instructions  ;  Jukors  ;  Jury 

Absence  of  party,  proceedings  in  case  of,  4 :  437 

Adjournment  of  court  while  jury  out,  4 :  471 

Admonition  to  jury  on  separation,  4 :  465 

Agreed  case,  proceedings  on,  4 :  1111 

Argument 

Order  of,  4:461 

Reserving  case  for,  4 :  541,  542 

Submission  of  case  without,  4 :  461 
Bringing  to  trial,  right  of  parties,  4 :  437 
Calendar,  4:436 

Challenge  of  jurors,  4  :  451-453  ;  see  Jt-rors 
Changing  place  of,  4 :  153 

Compromise,  offer  of,  how  made,  and  its  effect,  4 :  911 
Conduct  of 

General  provisions,  4 :  461-473 

Powers  of  courts  and  judicial  officers  respecting,  4 :  23,  31,  32 
Contempt,  see  Contempt 
Continuance,  see  Continuance 
Court,  by 

Decision  to  be  written,  4 :  501 

Findings  of  fact,  4 :  502,  503 

In  general,  4  :  501-504 

Issues  triable  by  court,  4  :  434 

Proceedings  after  determination  of  issue  of  law,  4 :  504 

Rules  of  evidence  applicable,  4:2183 

Time  for  filing  decision,  4 :  501 
Criminal  actions,  of,  see  separate  subhead,  infra 
Decision  on  trial  by  court,  4 :  501,  502 

1219 


INDEX 

Trial — Contiuued 
Dismissal 

For  failure  to  bring  action  to  trial,  4 :  418 

In  general,  see  Dismissal 
Error  disregarded  unless  substantial,  4 :  277 
Evidence,  see  Evidence 
Exceptions,  4 :  521-528 ;  see  Exceptions 
Findings  of  fact  on  trial  by  court,  4 :  502,  503 
Illness  of  juror,  proceedings  on,  4  :  469 

Inspection  of  writings,  order  for,  see  Inspection  of  Writings 
Instructions,  see  Instructions 

Interpreter,  when  to  be  summoned  and  sworn,  4 :  1906 
Issues 

By  whom  triable,  4 :  434,  435 

Fact,  of,  how  tried,  4 :  435 

In  general,  4  :  431-435  ;  see  Issues 

Law,  of 

How  tried,  4 :  434 

Proceedings  after  determination  of,  4 :  504 

Special  issues  not  made  by  pleadings,  4 :  73 
Joint  debtor,  proceedings  against,  when  not  summoned  in  original  action, 

4 :  901-906 
Judgment  on  demurrer,  proceedings  after,  4 :  504 
Jurors,  see  Jurors 
Jury,  by 

Conduct  of  trial,  4  :  461-473 

Contest  of  executor's  account,  4 :  1582 

Deliberations  of  jui-y 

How  conducted,  4  :  467 

Taking  papers  with  them,  4 :  466 

Formation  of  jury,  4 :  451-454 

Polling  the  jury,  4 :  472 

Probate  matters,  issues  in,  4 :  1691 

Request  for 

Deposit  must  accompany,  4 :  983 
Making  of,  4 :  442 

Restoration  of  insane  person  to  capacity,  proceedings  for,  4 :  1745 

Right  to,  in  general,  4:  441;  7:  33 

Will  contests,  4 :  1231,  1254 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Minute  books,  recording  proceedings  in,  4 :  958 
New,  4 :  531-535 ;  see  New  Trial 
Notice  of  trial,  4  :  437 
Order 

Proceeding  on  trial,  of,  4  :  461 

Proof,  of,  in  general,  4  :  2111 
Parties,  see  Parties 
Place  of,  see  Place  of  Trial 

Presumption  that  all  matters  within  issues  were  passed  upon,  4:2007 
Private,  in  what  cases  may  be  had,  4 :  22 
Questions  of  law  and  fact,  4 :  2181-2183 
Reference,  4  :  511-517  ;  see  Reference 
Reporter,  absence  of,  who  to  take  testimony,  4 :  957 
Retrial  where  verdict  prevented  or  jury  discharged,  4 :  470 
Sittings,  public  or  private,  4 :  21,  22 
Submitting  controversy  without  action,  4 :  1111-1113 
Verdict 

How  declared,  4  :  472 

In  general,  see  Verdict 

Informal,  proceedings  on,  4  :  473 
View  by  jury  of  premises,  4 :  464 
Witnesses 

In  general,  see  Witnesses 

May  be  excluded  pending  trial,  4  :  22 

1220 


INDEX 

OF  CRIMINAL  ACTIONS 

Trial — Continued 

See  Jurors  ;  Jury 

Appeal  from  magistrate's  court,  trial  de  novo  in  district  court,  6 :  134 

Appearance  of  defendant  for,  holding  in  custody,  6 :  391 

Argument 

Number  of  counsel  who  may  argue,  6 :  390 

Order  of.  6 :  361 
Defendant  entitled  to  two  days  to  prepare  for,  6 :  321 
Dismissal  for  delay  in  bringing  on,  6 :  791,  792 ;  see  Dismissal 
Evidence,  see  Evidence 
Exceptions,  6 :  431^34  ;  see  ExcEa>TioNs 

Information,  objection  at  trial  that  offense  not  stated,  6:260 
Insane  person 

Cannot  be  tried  while  insane,  6 :  811 

Inquiry  into  sanity  before  trial,  6 :  812-816 
Issues,  see  Issues 

Joint  defendants,  conviction  or  acquittal  of  one  or  more,  6 :  197 
Judgment,  see  Judgment 
Jurisdiction,  objection  to  at  trial,  6 :  260 
Jury,  by 

Formation  of  jury,  6 :  331-357 

Issues  of  fact  tried  by  jury  unless  waived,  6 :  302 

Polling  of  jury,  6 :  418 

Right  to,  6:302;  7:33 
Magistrate's  court,  in,  see  Magistrates'  Courts 
Order 

Disposal  of  actions  on  calendar,  of,  6 :  312 

Trial,  of,  6:361 
Place  of,  see  Place  of  Trial 
Pleas  upon  which  issues  of  fact  arise,  6 :  301 
Presence  of  defendant  at,  necessity,  6 :  304 
Prior  conviction,  on  charge  of,  6 :  280 
Public,  right  to,  1:1;  6 :  14 
Reading  of  information,  6 :  221 
Sentence,  see  Sentence 

Separate,  of  defendants  jointly  charged,  6:365 
Speedy,  right  to,  1:1;  6:14 
Time  for,  dismissal  for  delay,  6 :  791,  792 
Verdict,  see  Verdict 
View  of  premises  by  jury,  6 :  389 
Trover 

Conversion,   damages  for,  3:2662-2664 
Trust  Companies 
See  Trusts 

May  act  in  what  capacities,  4 :  1281 
Trusts 

Accumulations,  see  Accumulations 

Advantage,  trustee  not  to  use  influence  for  his  own,  3 :  1524 

Adverse  interests 

Assumption  of  by  trustee  forbidden,  3 :  1525 

Duty  of  trustee  to  disclose,  3 :  1526 
Agent,  trustee's  powers  as,  3 :  1571 

Alienation,  power  of,  how  long  may  be  suspended,  3 :  311 ;  see  Alienation 
Application  of  money  or  property  transferred  to  trustee,  3 :  1542 
Appointment  of  trustee 

By  court  or  officer,  who  trustor,  3 :  1553 

By  district  court,  3 :  1601 
Beneficiaries,  trustee  may  sue  without  joining,  4 :  124 
Breach  of  trust,  measure  of  liability  for,  3 :  1530,  1531 
Care  and   diligence  required  in  executing  trust,  3 :  1562 
Compensation  of  trustee,  3 :  1582 
Cotrustees 

Apportionment  of  compensation  among,  3 :  1582 

How  far  liable  for  each  other,  3 :  1532 

1221 


INDEX 

Trusts — Continued 

Cotrustees — Continued 

Must  all  act,  3  :  1572 

Survivorship  between,  3 :  1602 
Creation 

By  assumption  of  relation  of  personal  confidence,  3 :  1505 

By  mutual  consent,  3 :  1552 

Involuntary  trust,  of,  3 :  1508,  1509 

Voluntary  trust,  of,  3:1507,  1508 
Declaration  of 

Expresses  nature,  extent,  and  object  of  trust,  3 :  1554 

Includes  all  declarations  of  trustor,  3 :  1554 

Trustee  must  obey,  3 :  1561 
Deposit  of  subject  of  litigation  in  court  by  trustees,  4:  391 
Discharge  of  trustee,  grounds  and  mode  of,  3 :  1594 
Discretionary  powers  of  trustees,  control  over,  3 :  1573 
District  court  to  fill  vacancies,  3 :  1601,  1603 
Embezzlement,  when  trustee  guilty  of,  5 :  663 
Execution  of,  care  and  diligence  required,  3 :  1562 
Expenditures,  reimbursement  of  trustee  for,  3 :  1581 
Extinguished,  how,  3  :  1591 
Fraud,  when  trustee  guilty  of,  3 :  1527 
Good  faith,  trustee's  obligation  to  act  in,  3 :  1521 

Improper  use  or  disposition  of  property  by  trustee,  liability,  3:1530,  1531 
Indemnification  of  trustee  for  expenses  incurred,  3:1581 
Interest,  trustee's  liability  for  on  failure  to  invest  funds,  3 :  1565 
Investment  of  trust  funds 

Duty  as  to,  3 :  1564 

Failure  of  trustee  to  make,  3 :  1565 
Involuntary 

Defined,  3 :  1503 

Rights  of  involuntary  trustee,  3 :  1583 

What  creates,  3  :  1509,  1510 

Who  is  involuntary  trustee,  3 :  1509,  1510,  1541 
Kinds  of,  3:  1501 

Mingling  trust  property,  liability  of  trustee  for,  3 :  1529 
Missing  persons,  trustees  of  estates  of,  4 :  1831-1833 
Nature  and  creation,  3:  1501-1510 
Obligations  of  trustees,  3 :  1521-1532,  1561-1566 
Parties  to,  how  designated,  3 :  1504 
Payment  or  transfer  to  trustee,  application  of,  3:  1542 
Powers  of  trustee  as  agent,  3:  1571 
Presumption 

Against  trustee  in  transactions  with  beneficiary,  3 :  1528 

That  trustee  has  conveyed  property  to  cestui  que  trust,  4 :  2007 
Purchase  by  tinistee  of  claims  against  trust  fund,  3 :  1566 
Purposes  of 

Duty  of  trustee  to  fulfill,  3 :  1561 

May  be  created  for  what  purposes,  3 :  1506 
Realty  in,  necessity  of  writing,  4 :  2015,  2016 
Removal  of  trustee 

Because  of  adverse  interest,  3 :  1526 

By  court,  3 :  1594,  1595 
Revocation,  right  of,  3 :  1592 

Successor,  duty  of  trustee  as  to  appointment  of,  3 :  1563 
Survivorship  between  cotrustees,  3:  1602 
Termination  in  general,  3 :  1591 
Third  persons,  when  involuntary  trustees,  3 :  1541 

Transactions,  what  forbidden  and  what  permitted  by  trustee,  3:  1523.  1525 
Transfer  of  interest  in,  necessity  of  writing,  3 :  452 ;  4 :  2015 
Trust  companies  as  trustees,  4:  1281 
Under  will 

Accounting  by  trustee,  4:  1671 

Appointment  to  vacancy,  4 :  1673 

Bond  of  trustee,  4 :  1673 

1222 


INDEX 

Trusts — Continued 

Under  will — Continued 

Compensation  and  expenses  of  trustee,  4:  1672 
Declinaiion  to  act,  4:  1673 
Jurisdiction  of  court  relative  to,  4:  1671,  1674 
Retention  of  jurisdiction,  4 :  1671 

Use  of  property  by  trustee  lor  own  profit,  .3 :  1522,  1530 

Vacant  trusteeship  filled  l)y  court,  when,  3 :  1601,  1603 

Vacated,  office  of  trustee  is,  how,  3 :  1593 

Voluntary 

Defined,  3:  1502 

How  created,  3:  1507,  1508 

What  constitutes  one  a  trustee,  3:  1505 
Undertakings 

See  Bonds  ;  Suretyship 

Affidavit  of  sureties,  4 :  963 

Appeal  to  district  court,  undertaking  on,  4 :  885,  SS6 

Arrest  in  civil  action,  on,  see  Arrest 

Attachment,  in,  4:  353,  354.  742 

Attorneys  as  sureties,  4 :  45 

Bail,  of,  see  Bail 

Clerk  to  copy  in  appropriate  book,  4:  966 

Corporations  as  sureties,  4 :  962-964 

Criminal  actions,  in,  limitation  of  actions,  4:  87 

Deposits  in  lieu  of,  4 :  846,  905 

Government  or  officer  need  not  give  in  action,  4 :  968 

Guaranty,  see  Guaranty 

Indemnity,  see  Indemity 

Injunction,  upon,  4 :  345 

New,  requirement  where  sureties  become  insufficient,  4 :  963 

Particular  proceeding,  in,  see  particular  subject 

Peace,  to  keep,  6 :  41-53 ;  see  Peach 

Sureties  on,  see  Suretyship 

Time  for  filing,  extension  of,  4 :  960 

Witnesses,  of,  to  appear  iu  criminal  action,  see  Witnesses 
Undue  Influence 

Contract  obtained  through,  voidable,  3 :  823,  824 

Defined  3 :  831 

Rescission  for,  3  :  952 

Trust  arises  from  obtaining  thing  by,  3 :  1510 

Wills  procured  or  revoked  through,  3 :  522 
United  States 

See  Government 

Crimes  against  laws  of 
Arrest  for,  5  :  6 
Felony  and  misdemeanor  defined,  5 :  24 

Laws  applicable  to  Canal  Zone 

Arrest  for  crimes  against,  5 :  6 
Jurisdiction  over  actions,  involving,  7 :  23 
Text  of  certain  applicable  laws,  p.  869 

Officer  acting  in  transactions  with  firm  in  which  interested,  5:  97 

Public  documents  or  writings,  proof  of,  4 :  1950 

Term  includes  what,  4:8;  5:5 
Unlawful  Assembly 

See  Rout 

Definition  and  punishment,  5 :  597,  598 

Neglect  of  officer  to  suppress,  5 :  600 

Refusal  to  disperse  upon  lawful  command,  punishment,  5 :  601 

Remaining  at  after  warning  to  disperse,  5 :  599 
Unlawful  Detainer 

See  Forcible  Entry  and  Unlawful  Detaineb 
Usage 

See  EviDENCEi 

Local  signification  of  words  in  contract,  4 :  1879 


1223 


INDEX 

Usury 

Contracts,  usurious,  principal  only,  recoverable,  3 :  1267 

Evidence  of,  3 :  1269 

Rate  of  interest  allowable,  3 :  1266 

Recovery  of  usurious  interest  paid,  3 :  1268 
Vagrancy 

Definition  and  punishment,  5 :  603 
Value 

See  Damages 

Evidence  of  debt,  of,  in  embezzlement,  5 :  607 

How  estimated  in  determining  grade  of  offense,  5 :  10 

Passage  tickets,  of,  in  larceny,  5 :  776 

Practicing  fraud  to  affect  market  price,  5 :  703 

AVritten  instruments,  of,  in  larceny,  5 :  775 
Variance 

Acquittal  on  grounds  of 

Detaining  defendant  after,  6 :  420 
Not  former  jeopardy,  6 :  276 

Amendment,  permitting  in  case  of,  4 :  271,  272 

Evidence  must  correspond  with  substance  of  material  allegations,  4 :  1886 

Immaterial,  how  provided  for,  4 :  272 

Material,  4:271 

What  not  deemed  to  be,  4 :  273 
Vehicles 

See  Highways  ;  Motor  Vehicles 
Vendor  and  Purchaser 

See  Grants  ;  Transfer 

Contracts  of  decedent  to  convey,  compelling  completion,  4 :  1541-1551 

Death  of  vendor,  completion  of  sale  by  guardian  of  minor.  4 :  1822 

Guardian,    conveyance   by,   completing   ward's   contract    of   sale,    4:  1795, 
1821,  1822 

Married  persons  selling  lands  under  false  representations,  5 :  698 

Sale  of  land  twice,  punishment,  5 :  696 
Venue 

See  Place  of  Trial 

Criminal  actions,  of,  6 :  13 
Verdict 

Amount  of  recovery,  jury  must  find,  when,  4 :  483,  484 

Claim  and  delivery,  verdict  in,  4 :  484 

Criminal  actions,  in,  see  separate  subhead,  infra 

Declared  how,  4  :  472 

Discharge  of  jury  without,  retrial  in  case  of,  4:  470 

Entry  to  be  made,  4 :  482,  485 

Findings,  4 :  482 

General,  defined,  4  :  481 

General  or  special 
Rendition,  4 :  482 
Verdicts  are,  4 :  481 

Informal  or  insuflicient,  proceedings  in  case  of,  4 :  473 

Judgment,  rendition  of  notwithstanding  verdict,  4 :  486 

Nine  jurors  may  render,  4 :  467,  472 

Polling  jury,  4  :  472 

Prevention  of,  retrial  of  cause,  4 :  470 

Replevin,  in,  4 :  484 

Sealed,  rendered  during  recess  or  adjournment,  4 :  471 

Special 

Defined,  4 :  481 

Entry  of,  4:482,  485 

Vacation  of  judgment  entered  on,  4 :  536,  537 

Special  or  general,  rendition,  4 :  482 

Three-fourths  jury  may  render,  4 :  467,  472 


1224 


INDEX 

IN  CBIMINAL  ACTIONS 

Verdict — Continued 

Attempt,  may  convict  of,  6 :  414 

Concurrence  of  all  jurors,  6 :  401 

Contrary  to  law  or  evidence,  new  trial,  6 :  452 

Declaring,  6 :  402 

Degree  of  crime,  must  find,  6 :  412 

Form  of,  6 :  406,  409 

General,  form  of,  6:406 

General  or  special 

Authorized,  6 :  405 

Reconsideration  where  neither,  6 :  416 
Included  offense,  may  convict  of,  6 :  414 
Informal,  giving  judgment  on,  6 :  417 
Joint  defendants,  verdict  as  to  some  of,  6 :  415 
Lot,  decided  by,  new  trial,  6 :  452 
Polling  jury,  6  :  418 

Previous  conviction,  on  charge  of,  6 :  413 
Proceedings  after  verdict  of  guilt.  Supreme  Court  may  regulate,  p.  983,  sec. 

723a 
Reconsideration  of,  6 :  416 
Recording  of,  6 :  419 
Return  of 

Directing  return  under  signature  and  seal,  6 :  403 

In  general,  6 :  402 

Presence  of  defendant,  6 :  404 
Special 

Authorized,  6 :  405 

Defective,  new  trial  ordered,  6 :  411 

Defined,  6:407 

Form  of,  6:409 

Judgment  on,  how  given,  6 :  410 

Manner  of  rendering,  6 :  408 
Verification 

AflSdavit  may  be  used  for,  4 :  2071 
Answer,  of,  4:241,  242 
Complaint,  of,  in  general,  4 :  241 
Pleadings,  of,  in  general,  4 :  241 

Where  written  instrument  attached  to  pleading,  4 :  242-244,  787 
Vessels 

See  Shipping 

Admeasurers  of,  administering  oaths  and  summoning  witnesses,  2 :  41-43 

Altering  or  exhibiting  light  to  endanger  vessel,  5 :  889 

Anchorage  and  movement  in  time  of  national  emergency,  2 :  12 ;  p.  1014, 

sec.  191 
Burning  vessel  not  subject  of  arson,  punishment,  5 :  803 
Customs,  see  Customs  Sebvicb 

Damages  for  injuries  to,  in  passing  through  locks,  2 :  10 
Defined,  5:5 

Deportation  of  person  on  vessel  bringing  him  to  Canal  Zone,  2 :  141 
Injury  to  or  improper  use  in  territorial  waters,  p.  1015,  sec.  193 
Inspection  of,  2 :  151-160 ;  see  Inspection  of  Vessexs 
Licensing  of  officers,  regulation,  2 : 9 
Material,  supplies,  and  services  for,  providing,  2:51,  52 
Merchandise,  omitting  from  manifest,  2 :  64 

Mismanagement  causing  boiler  exi^losion,  punishment,  5 :  522,  523 
Navigation  of  harbors  and  other  waters  of  Canal  Zone,  regulation,  2 : 9 
Passage  and  control  through  Canal,  regulation,  2 : 9 
Pilots  and  pilotage  in  Canal  and  approaches,  regulation,  2 : 9 
Radio  equipment  required  on  certain,  2 :  361,  362 
Registry,  provisional  certificates  to  vessels  abroad,  p.  991,  sec.  12 
Sea  stores,  landing  of,  or  omitting  from  list,  2 :  65 
Stoppage  and  search  by  customs  officers,  2 :  66 

Withholding  clearance  of  vessel  bringing  undesirable  person  to  Canal  Zone, 
2:141 

93083—34 78  1225 


INDEX 

"View  of  Premises 

By  jury,  4:464;  6:389 
Vulgar  Language 

Use  of,  punishment,  5  :  602 
Wages 

See  Master  and  Servant 
Minor,  of,  3:182 
Waiver 

Complaint,  waiver  of  objections  to,  4 :  215 

Counterclaim,  by  failure  to  set  up,  4 :  224,  716 

Error,  waiver  of  objection  to,  by  acquiescence,  3 :  2838 

Information,  waiver  of  objections  to,  6:242,  260 

Jury  trial,  of,  in  criminal  action,  6 :  302 

Law  may  be  waived,  when  and  when  not,  3 :  2835 

Summons 

By  appearance,  4 :  162,  171 

In  magistrate's  court,  4 :  693 
Want  of  Prosecution 

Dismissal  for,  4  :  418,  793  ;  6 :  791 
V/ar 

Army  control  of  Canal  and  Zone  in  time  of,  2:8 
Espionage,  p.  1009,  sec.  31-42 

Neutrality,  protocol  of  agreement  with  Panama  respecting,  p.  855 
Neutralization  of  Canal,  treaty  stipulations,  p.  838,  art.  3 ;  p.  845,  art.  18 
Passports,  war-time  restrictions  respecting,  p.  963,  sees.  2^-227 
Regulation  of  vessels  in  territorial  waters,  p.  1014,  sees.  191-194 
Willful  destruction,  etc.,  of  war  material,  p.  1013,  sees.  101-103 
Wards 

See  Guardian  and  Ward 
Warehousemen 

Attachment  or  levy  upon  goods  for  which  negotiable  receipt  has  been  issued, 

3 :  1161 
Care  of  goods  deposited,  3  :  1158 
Carriers'  liability  as,  3 :  1435,  1436 
Cases  not  provided  for,  rules  governing,  3 :  1191 
Commingled  goods,  and  liability  therefor,  3 :  1160 
Definitions,  3 :  1192 
Delivery  of  goods 

Action  to  enforce,  interpleader  of  adverse  claimants,  3 :  1154 

Adverse  title  not  defense.  3 :  1156 

Claim  of  title  by  warehouseman,  3:1153 

Failure  to  take  up  negotiaitle  receipt,  3:  1149,  118!) 

Justification  for  delivery.  3 :  1147 

Misdelivery,  liability  for,  3  :  1148 

Obligation  to  deliver.  3:114G 

Satisfaction  of  lien  charges  conditions  precedent  to,  3:  1167 

Time  allowed  to  determine  validity  of  claim,  3 :  1155 
Lien 

Against  what  pro|)erty  enforceable,  3:1164 

Alternative  methods  of  enforcing,  3 :  1171 

Claims  included  in,  3  :  1163 

How  lost,  3  :  1165 

Other  remedies  not  precluded  bv.  3:  1168 

Satisfaction  by  sale,  3 :  1169,  1170,  1172 
Receipts 

Alteration,  liability,  3  :  1150 

Charges  for  whicli  lien  claimed  to  be  stated,  3:  1166 

Creditors'  remedies  to  reach  negotiable  receipts.  3:1162 

Duplicate  receipts,  3:1144.  1152,  11S7 

Failure  to  indicate  title  of  warehousemen  to  goods,  3: 1188 

Failure  to  mark  not  negotial)le,  3 :  1145 

False  statement  in,  punishment,  3 :  1186 


1226 


INDEX 

Warehousemen — Continued 
Receipts — Continued 

Goods  not  received,  issue  for,  3 :  1185 
Indorsement  not  guarantee,  3 :  1180 
Lost  or  destroyed  receipts,  3 :  1151 
Negotiable  receii)ts,  what  are,  3 :  1143 
Negotiation 

Fraud,  mistake,  or  duress,  3 :  1182 

Negotiable  receipts,  of,  3  :  1173 

Nonnegotiable  receipts,  transfer  of,  3 :  1174,  1177 

Provisions  ^regulating,  3: 1173-1176 

Rights  of  person  to  whom  receipt  negotiated,  3 :  1176 

Rights  of  transferee  of  receipt,  3 :  1177 

Subsequent  negotiation  of  undelivered  negotiated  receipt,  3 :  1183 

Transfer  of  negotiable  receipt  without  indorsement,  3 :  1178 

Transfer  of  nonnegotiable  receipts,  provisions  regulating,  3 :  1174, 

1177 
Vendor's  lien  defeated  by  negotiation,  3:1184 
Warranties  on,  3  :  1179 

Where  goods  mortgaged,  or  owned  by  another,  3 :  1190 
Who  may  negotiate,  3  :  1175 
No  warranty  implied  from  accepting  payment  of  debt  secured  by,  3: 1181 
Nonexistence  or  misdescription  of  goods  described  in,  3: 1157 
Nonnegotiable  receipts,  3  :  1143 
Requisites  and  form  of,  3 :  1142 
Warranties  on  transfer  or  negotiation,  3 :  1179 
Who  may  issue,  3 :  1141 
Retroactive,  provisions  not,  3 :  1193 
Separate,  when  goods  are  to  be  so  kept,  3 :  1159 
Warrant  of  Arrest 
See  Arrest 
Affidavit  of  complaint 

As  prerequisite  to  issuance,  6 :  72 
Requisites  of,  6 :  73 
Arrest  without 

By  peace  officer,  grounds  for,  6 :  83 
By  private  person,  6  :  85 

Misdemeanor,  arrest  without  regular  process  is,  5 :  173 
Bail,  see  Bail 

Bench  warrant,  see  Bench  Warrant 
District  attorney  may  issue,  6 :  71 
Duty  to  show  warrant,  6 :  92 

Executed,  may  be  in  either  division  or  subdivision,  6 :  89 
Fee  for  issuance,  as  element  of  costs,  6 :  392 
Form  of,  6 :  75 

Fugitive  from  State  or  Territory,  for.  6 :  862 
Habeas  corpus,  issuance  instead  of  writ,  6 :  745-749 
Indorsement  on,  permitting  service  at  night,  6 :  90 
Issued  when,  6  :  74 
Magistrate  may  issue,  6 :  71 
Malicious  procurement,  a  misdemeanor,  5:171 
Nature  and  requisites,  6 :  75,  76 
Peace,  for  threatened  breach  of,  6 :  43 
Refusal  of  officer  to  execute,  punishment,  5 :  172 
Search  warrant,  see  Search  Warrant 
Who  may  issue,  6 :  71 
Witness,  for,  4:2048,  2049 
Warrant,  Search 

See  Seaech  Warrants 
Warranty 

Agent's  authority,  3 :  1640,  1671 
Collectibility,  warranty  o^,  3:2082-2084 
Policies,  in,  see  Insurance 
Sales,  in,  see  Sales 


1227 


INDEX 

Waste 

Damages,  treble,  for,  4 :  652 

Enjoining  during  foreclosure  or  after  execution  sale,  4 :  607,  668 

Mortgagor  must  not  commit,  3  :  2239 

Rights  where  tenant  commits,  4  :  1143 

Who  may  bring  action  for,  4 :  652 
Water 

See  Waters 

Injuring  water  system,  punishment,  5 :  836 

Misusing  or  wasting,  punishment,  5 :  836 

Panama  and  Colon,  systems  for  distribution  in  cities  of,  p.  842.  art.  7 

Pipes,  breaking  or  obstructing,  5 :  835 

Placing  filth  or  animal  carcasses  in  or  near,  5 :  507 

Poisoning  of,  punishment,  5 :  373 

Pollution  of,  punishment,  5:507 

Kates  in  Panama  and  Colon,  p.  842,  art.  7 

Stealing  of,  punishment,  5  :  783 

Structures  erected  to  conduct  or  store,  injury  to,  5 :  838 

Taking  water  from  canals,  reservoirs,  etc.,  punishment,  5 :  837 
Waters 

See  Water 

Canal  Zone,  of 

Access  to  Colon  Harbor  through,  p.  854.  art.  7 

Anchorage  and  movement  of  vessels  in  time  of  emergency,  2 :  12 

Grant  of  use  to  United  States,  p.  841,  art.  4 

Inspection  of  vessels  navigating,  see  Inspection  of  Vksset^s 

Regulation  of  navigation,  2 : 9 

Obstructing  navigable  waters 
Misdemeanor,  is,  5 :  840 
Public  nuisance,  is,  5 :  551 

Placing  filth  or  animal  carcasses  in  or  near,  5 :  507 
Weapons 

See  Akms  ;  Deadly  Weapons 
Weights  and  Measures 

False 

Defined,  5 :  711 

Using,  punishment,  5 :  712 

Marking  false  weight  or  measures  on  containers,  5 :  713 

Padding  weight  or  measurement  of  goods  in  containers  or  packages,  5 :  716 

Sales  of  falsely  marked  containers,  5 :  713 

Short  weight  in  sale  of  commodities  by  ton,  5 :  714 

Short  weight  or  measure  in  selling  merchandise,  generally,  5 :  715 
White  Slave  Traffic  Act 

Text  of,  p.  934,  sees.  397-404 
Widows 

See  Estates  of  Decedents  ;  Succession 
Wife 

See  Husband  and  Wife;  Makbied  Women 
Willful  Acts 

See  Deceit;  Fraud;  Toets;  Wrongs 
Willfully 

Meaning  of,  5:5 
Wills 

See  Estates  of  Decedents  ;  Executors  and  Administrators 

Accumulations,   see  Accumulations 

Advancements,  see  Advancements 

Agreement  to  provide  for  one  in  will  to  be  written,  3:886;  4:2017 

Aliens,  law  governing  wills  made  by,  3 :  532,  533 

Alteration,  how  effected,  3  :  539 ;  4 :  2014 

Annuities 

Commence  at  testator's  death,  3 :  620 

Defined,  3 :  611 

Effect  of  failure  of  fund,  3 :  611 


1228 


moEx 

Wills — Con  t  inued 

Children 

B(n-n  after  death  of  testator,  rights  of,  3 :  24,  291,  544,  554,  590,  650 

Born  after  execution  of  will,  rights  of,  3 :  554,  556,  557 

Unprovided  for  by  will,  rights  of,  3 :  554-557 
Codicils 

Republication  of  will  by,  3 :  534 

Revocation  of  will  revokes,  3  :  552 

Will  includes,  3 :  12 ;  4:8;  5:5 
Conditional  dispositions  in  wills,  3 :  596-600 
Contest  after  probate 

New  trial  in  proceedings  for,  4 :  1689 

Procedure,  in  general,  4 :  1251-1257 
Contest  before  probate 

New  trial  in  proceedings  for,  4 :  1689 

Procedure,  in  general,  4  :  1231-1237 
Destroyed  wills,  probate  of,  4 :  1261-1264 
Devisee,  liability  for  obligation  of  testator,  3:  626 
Devises,  executor  to  deliver  to  devisees  when,  4 :  1441 
Escheat  of  property  undisposed  of,  3  :  652;  4  :  1181 
Estates  of  decedents,  see  Estates  of  Deceidents 
Evidence,  wills  how  shown  in,  4 :  2013 
Execution  of 

By  alien  in  Canal  Zone,  3 :  533 

Competency  to  execute  will,  3  :  521 

In  general,  3  :  521-560 

Manner  of,  in  general,  3 :  525  ;  4  :  2013 

Outside  of  Canal  Zone,  validity,  3 :  532 

AVitnesses  to  wills,  3 :  525,  527.  529-531 

Written,  to  be,  3  :  525 ;  4 :  2013 
Executors,  see  Executors  and  Administrators 
Finding  will  after  grant  of  letters,  effect  of,  4 :  1391,  1392 
Foreign  wills 

Probate  of,  4  :  1241-1243 

Validity  of,  3  :  532 
Gifts  causa  mortis 

Effect  of  will  on,  3  :  487 

How  far  treated  as  legacies,  3 :  488 

Satisfying  before  death,  3 :  619 
Guardians,  appointment  by  will,  see  Guardian  and  Ward 
Interpretation 

Actions  to  construe  and  declare  rights  under,  see  Declaratory  Resuei' 

Advancement,  when  an  ademption,  3 :  602 

Ambiguous  or  doubtful  parts,  3  :  577 

Appointment  of  executor,  3  :  623 

Bequest  of  all  of  property,  3 :  584 

Class,  bequest  to,  includes  whom,  3 :  589,  590 

Clear  bequest  not  affected  by  other  provisions,  3 :  576 

Conditional  bequests  or  dispositions,  3 :  596-600 

Construction   in   action   to   determine   conflicting   claims  to  property, 
4:661 

Death  of  legatee  before  testator,  etfect  of,  3 :  558,  594,  .595 

Death  or  survivorship,  words  referring  to,  3 :  588 

Declaration  of  testator  as  to  intent,  not  admissible,  3 :  572,  591 

Divesting  of  disposition,  3 :  593 

Harmonizing  various  parts,  3  :  575 

Heirs,  issue,  or  children,  proceedings  to  determine  identity,  4 :  1695 

Heirs,  relatives,  issue,  descendants,  etc.,  3 :  586 

Imperfect  descriptions  in,  3  :  591 

Intention  of  testator,  3 :  571,  572,  622 

Interest  or  income,  bequest  of,  when  accrues,  3 :  618 

Intestacy,  construction  avoiding  preferred,  3  :  580 

Mistakes  and  omissions  in  wills,  3 :  591 

Observance  of  rules  prescribed,  3 :  573 

Operative  effect,  words  to  be  given  if  possible,  3 :  579 

1229 


INDEX 

Wills — Continued 

Interpretation — Continued 

Oral  declarations  excluded,  3 :  572,  591 

Power  to  devise,  property  embraced  in,  passes  by  will,  3 :  583 

Residuary  clause,  3  :  585 

Several  testamentary  instruments  to  be  taken  together,  3 :  574 

Technical  words,  3  :  581,  582 

Tenants  in  common,  beneficiaries  take  as,  on  bequest  to  several,  3 :  601 

"Vesting  of  legacies,  time  of,  3 :  352,  592 

Wills  executed  under  prior  law,  3 :  603 

Words  of  donation  and  of  limitation,  3 :  586,  587 

Words  taken  in  ordinary  and  grammatical  sense,  3 :  578 
Intestacy,  see  Succession 
Legacies 

Abatement  of,  3 :  615 

Ademption,  when  only  advancement  is,  3 :  602 

Apportionment  of  legacies,  in  case  of  pretermitted  child,  3:556 

Bequest  of  all  of  property,  3 :  584 

Charitable  organizations  or  uses,  restrictions  on  bequests  to,  3 :  559 

Class,  bequest  to,  includes  whom,  3 :  589,  590 

Clear  bequest  not  affected  by  other  provisions,  3 :  576 

Conditional  bequests,  3  :  596-600 

Death,  legacy  in  view  of,  satisfying  before  death,  3 :  619 

Death  of  legatee  before  testator,  effect  of,  3 :  558,  594,  595 

Debt  due  testator,  bequest  of,  4 :  1436 

Demonstrative,  are  what,  3 :  611 

Divesting  of  disposition,  3 :  593 

General,  are  what,  3 :  611 

Income,  bequest  of,  when  accrues,  3 :  618 

Intention  of  testator  governs  rules  relating  to  legacies,  3 :  622 

Interest  on,  3:621 

Inventory  of  property  by  legatee  for  life,  3 :  617 

Kinds  of  legacies,  3 :  611 

Lapse  when,  3  :  594,  595 

Liability  of  legatees  for  obligations  of  testator,  3 :  626 

Nature  and  designation  of,  3 :  611 

Payment  of 

Order  of  resort  to  property  for,  3 :  613 

Payable  when  ordered  by  court,  4 :  1594 

Proceedings  for  payment   prior   to  final   settlement,   4:1611-1610 

Where  debts  paid  at  first  distribution,  4: 1599 

Possession  of,  3  :  616 

Residuary,  3:585,  611 

Resort  to  legacies  for  payment  of  debts,  3 :  612,  614 

Specific,  3 :  611,  616 

Tenants  in  common,  legatees  when  take  as,  3 :  601 

Vest  at  death,  3 :  352,  592 

When  due,  3:620 

Witnesses,  to,  3:530,  531 
Lost  wills,  probate  of,  4 :  1261-1264 

Married  woman  may  dispose  of  separate  estate  by,  3 :  523 
New    trials    in    probate   proceedings,    provisions   governing,    4 :  1689,    1691 
Nuncupative  wills 

Execution  of,  3  :  535 

Probate  of,  3  :  537,  538 ;  4  :  1271-1273 

Proof  of,  3 :  536,  537 

Requisites  of,  3:536 
Olographic  wills 

Nature  and  requisites,  3:526 

Proof  of,  4  :  1223 
Posthumous  children,  rights  of,  3 :  24,  291,  544,  554,  590,  650 
Pretermitted  children,  rights  of,  3  :  554-557 
Probate  of 

Attorneys'  fees,  4 :  1568 

Certificate  of  probate,  to  be  sealed,  4 :  25 

1230 


Wills— Continued 

Probate  of — Continued 

Clerk  of  court,  fees  of,  4 :  984 

Conclusiveness  after  one  year,  4: 1257 

Contest  after  probate,  4:1251-1257 

Contest  before  probate,  4 :  1231-1237 

Custodian  to  deliver  will,  4 :  1211 

Deposition  of  subscribing  witness,  4 :  1221 

Detention  of  will  out  of  Canal  Zone,  4 :  1224 

Disqualification  of  judge,  4  :  1401 

Foreign  wills,  4  :  1241-1243 

Hearing,  4 :  1216,   1219 

Judgment,  conclusiveness  of,  4 :  1934 

Jurisdiction,  wliich  division  has,  4 :  1201,  1202 

Lost  or  destroyed  will,  4 :  1261-1264 

Mailing  of  notices,  4 :  1217 

Nuncupative  wills,  3  :  537,  538 ;  4  :  1271-1273 

Olographic  wills,  how  proved,  4 :  1223 

Petition  for 

Failure  of  executor  to  file,  effect,  4 :  1214 
Hearing,  4 :  1216,   1219 
Notice  of,  4 :  1216,  1217,  1219 
Requisites   of,  4  :  1213 
Who  may  file,  4  :  1212 

Production  of  will,  compelling,  4 :  1215,  1218,  1452 

Recording  admission  to  probate  in  minutes,  4 :  1222 

Revocation  or  annulment  of  probate,  4 :  1254,  1255 

Where  not  contested,  4 :  1221 

Witnesses,  compelling  attendance  of,  4 :  1218 
Production  of 

Citation  of  person  suspected  of  having,  4 :  1452 

Compelling  production,  4  :  1215,  1218 

Custodian  to  deliver  will,  4 :  1211 
Property  may  be  acquired  by,  3 :  401 
Republication,  codicil  has  effect  of,  3 :  534 
Revocation 

Agreement  for  sale  or  transfer  of  property  as,  3 :  548,  550 

Alteration  in  interest  disposed  of  as,  3 :  550.  551 

Codicil  is  revoked  by,  3:  552 

Conjoint  or  mutual  wills,  revocation  of,  3 :  528 

Duplicate,  revocation  of  will  executed  in,  3 :  541 

Duress,  fraud,  or  undue  influence  in  procuring,  3 :  522 

Effective  date  of  provisions  respecting,  3 :  553 

Evidence  of,  when  canceled  by  third  person,  3 :  540 

How  accomplished,  3  :  539  ;  4  :  2014 

Marriage  and  birth  of  issue,  by,  3 :  544,  547 

Marriage,  by,  3 :  544-547 

Mortgage  is  not,  3  :  549 

Prior  wull  not  revived,  3 :  543 

Subsequent  will,  effect  of  as  revocation,  3 :  542 

Transfer  as,  3 :  550,  551 
Succession,  see  Succession 

Testamentary  guardians,  see  Guakdian  and  Ward 
Trusts  under,  4  :  1671-1674 ;  see  Trusts 
Validity  of 

Action  to  determine,  see  Declaratory  Relief 

Alien,  will  made  in  Canal  Zone  by,  3 :  533 

Conjoint  or  mutual  wills,  of,  3 :  528 

Foreign  wills,  3  :  532 

Fraud,  menace,  duress,  or  undue  influence,  will  procured  by,  3 :  522 

Power  given  executor  to  appoint  an  executor  is  void,  3 :  624 

Prior  laws,  validity  of  wills  made  under,  3 :  560 

Technical  words  not  necessary  in,  3 :  582 

Where  made  outside  of  Canal  Zone,  3 :  532 


1231 


INDEX 

Wills — Continued 

What  property  may  pass  by  will 

Future  interests,  3 :  292 

In  general,  3 :  524 

Life  insurance,  3 :  2033 
Witnesses 

See  Evidence  ;  Depositions 
Absence  ©f 

Admissibility  of  testimony  at  former  trial,  4 :  1888 

Postponement  of  trial  for,  4 :  438 
Accomplice  as,  4 :  2131 

Affidavit,  refusal  to  subscribe  to,  punishment,  4 :  2046 
Affirmation 

Form  of,  4  :  2172-2175 

In  place  of  oath,  4 :  2175 
Answer  questions 

Bound  to,  4 :  2141,  2142 

Commitment  for  x*efusal  to  answer,  4 :  2049 

Must,  as  to  conviction  of  felony,  4 :  2120,  2142 

Person  present  bound  to  testify  as  though  subpenaed,  4 :  2045 

Punishment  for  refusal  to  answer  or  be  sworn,  4 :  1161,  2049 

What  need  not  answer,  4 :  2142 
Arrest  of 

Affidavit  for  discharge,  4  :  2146 

Compelling  attendance  by,  4:2048,  2049 

Court  or  judge  may  discharge,  4 :  2147 

Disobeying  subpena,  4  :  2048,  2049 

Double  damages  for  causing,  4 :  2145 

Liability  of  officer  making,  4 :  2145,  2146 

Liability  of  party  causing,  4 :  2145 

Privilege  from,  4 :  2144 

Void  when,  4 :  2145 

Warrant  for,  4 :  2048,  2049 
Attendance  of 

Arrest,  compelling  by,  4 :  2048,  2049 

Before  certain  Canal  officers,  compelling,  2 :  42,  43 

Obligation  to  attend  Avhen  supenaed,  4 :  2141 

Papers,  witness  must  attend  with,  4 :  2141 

Power  of  court  or  judicial  officer  to  compel,  4 :  23,  31 

Probate  proceedings,  in,  compelling,  4 :  1218 

Subpenas,  see  Subpenas 

Time  during  which  witness  must  remain,  4 :  2141,  2143 

Time  for,  4 :  2043,  2141 
Attorneys  or  their  secretaries  or  clerks  as,  4 :  1904 
Character  of,  admissibility  of  evidence  of,  4 :  2122 
Clergymen  as,  4 :  1904 
Competency  of 

In  general,  4  :  1902 

Privileged  communications,  4 :  1904 

Who  not  competent,  4 :  1903 

Witness    without    recollection,    competency    to    testify    from    writing, 
4 : 2116 
Confidential   communications,   4 :  1904 
Contempt  by 

Disobedience  to  subpena,  4 :  1163,  2046 

Refusal  to  be  sworn  or  to  answer,  4 :  1161,  2046 
Contradiction,  i)y  party  producing,  4:2118 
Conviction  of  felony 

Must  answer  as  to,  4 :  2120,  2142 

Proving,  by  record,  4 :  2120 
Credibility  of 

Evidence  to  show,  4  :  1888 

False  in  part,  4 :  2131 

Greater  number  of,  do  not  control,  4 :  2131 

Jury  are  exclusive  judges  of,  4:1864 

Presumed  to  speak   truth,  4:1864 

1232 


INDEX 

Witnesses — Continued 

Criminal  actions  or  proceedings,  in,  see  separate  subliead,   infra 
Cross-examination 

Defined,  4:2114 

lieading  ([uestions  allowed  on,  4  :  2117 

Not  heard  unless  subject  to,  4:1863 

Kigbt  and  extent  of,  4:2117 
Deceased,  admissibility  of  testimony  at  former  trial,  4:1888 
Defined,  4 :  1901 

Deposition  of,  on  postponenioiit  of  trial,  4 :  439 ;  see  Dei'Ositions 
Detention,  how  long  should  be  detained,  4 :  2141,  2143 
Direct  examination 

Defined,  4 :  2114 

Leading  (piestious,  when  only  allowed  in,  4:2115 
Estates  of  decedents,  competency  of  witnesses  to  testify  against,  4:1903 
Evidence,  see  Evidence 
Examination  of 

Adverse  party,  rules  governing  examination  of,  4:2124 

Confined  to  matters  legal  and  pertinent,  4 :  2143 

Leading   questions,   4 :  2115,   2117 

Must  be  in  presence  of  person  affected,  4 :  1863 

Oral,  defined,  4  :2064 

Power  of  court  over  mode  of,  4 :  2113 

Protection  of  witness,  4  :  2143 

Questions,  what  may  be  asked,  4 :  2113 

Reexamination,   right  of,   4 :  2119 

Use  of  affidavits  to  obtain,  4 :  2071 
Exclusion  of,  from  court  room,  4 :  22,  2112 
Expert 

Foreign  laws,  4 :  1928 

May  decipher  characters  or  translate  language,  4 :  ISSl 

Opinions  of,  in  general,  4 :  1888 
Fees  of 

Advancement   for  expenses,   4 :  2043 

What  fees  allowed,  4:989 
Felony 

Must  answer  as  to  conviction  of,  4 :  2120,  2142 

Proof  by  record  of  conviction  of,  4 :  2120 
Former  trial,  testimony  of  witness  at,  admissibility,  4 :  1888 
Good  character,  evidence  of,  when  allowed,  4 :  2122 
Greater  number  of,  do  not  control  when,  4 :  2131 
Husband  and  wife  as,  4 :  1904 
Impeachment  of 

Asking  if  convicted  of  felony,  4 :  2120,  2142 

By  party  producing,  4 :  2118 

Manner  of  and  limitation  on,  4 :  2120,  2121 
Inspection  of  writing  shown  to,  right  of,  4 :  2123 
Interpreter,  summoning  and  swearing,  4:1906 
Judges  or  jurors  as,  4 :  1905 
Leading  questions,  4 :  2115,  2117 
Jlodes  of  taking  testimony,  4 :  2061 
Number  of 

Greater  does  not  control,  when,  4 :  2131 

Number  necessary  to  prove  fact,  4 :  1861,  2012 
Oath  of 

Affirmation  in  place  of,  4 :  2175 

Form,  4:2172-2175 

Witnesses  heard  only  upon  oath,  4 :  1863 
Officers  as,  4  :  1904 

Opinions,  in  general,  4 :  1888 ;  see  Evidence 
Oral  examination,   defined,   4:2064 
Order  of  proof,  how  regulated,  4 :  2111 
Perpetuating  testimony,  proceedings,  4  :  2161-2167 
Physicians  as,  4  :  1904 
Presence  of  person  affected  necessary,  4 :  1863 

1283 


INDEX 

Witnesses — Continued 

Present  in  t-ourt,  compelled  to  testify  without  subpona,  4 :  20-15 

Prisoner,  how  brought  in  as,  4 :  2050,  2051 

Privilege  of,  what  questions  need  not  answer,  4 :  2142 

Privileged  communications,  in  general,  4 :  1904 

Production  of  books  and  papers  by,  compelling.  4:921 

Protection  of 

From  arrest,  4 :  2144 

From  improper  questions  or  demeanor,  4 :  2143 
Recalling,  discretion  of  court,  4 :  2119 
Reexamination  of,  right  of,  4:2119 
Refreshing  memory,  4  :  2116 
Refusal  to  answer  or  be  sworn 

Commitment,  4 :  2049 

Punishment,  4 :  1161,  2046 
Subpenas  for,  see  Subpenas 
Subscribing 

Deiined,  4 :  1967 

Manner  of  proving  instrument  by,  3 :  501-503 

Opinion  of,  as  to  sanity  of  signer,  4 :  ISSS 

Other  witness  may  testify  to  writing,  4 :  1973 

Proof  of  will  by  one,  4 :  1221 

Proof  of  writing  by,  4 :  1972 
Suggestive  questions,  defined,  4 :  2115 
Testimony  of,  see  Evidence 

Warrant  of  arrest  or  commitment,  4 :  2048,  2049 
Wills  to,  see  Wills 
Writings 

Right  of  witnesses  to  testify  from,  without  recollection,  4:2116 

Siiown  to  witnesses,  right  to  inspect.  4 :  2123 

Witnesses  must  be  shown  writings  before  examination  thereon,  4:2128 

IN    CRIMINAL   ACTIONS    OR   PROCEEDINGS 

Affidavit  as  to  future  testimony,  perjury  in,  5 :  142 

Against  selves,  persons  cannot  be  compelled  to  be,  1:1;  6: 10,  673 

Attendance,  preventing  or  dissuading,  a  felony,  5 :  165 

Bribe,  taking  or  offering  to  take,  5 :  167 

Bribery  of,  a  felony,  5 :  166 

Compelling  persons  to  be  witnesses  against  selves,  1:1;  6 :  10,  673 

Competency  of,  rules  for  determining,  6 :  671 

Conditional  examination 

Enforcing  attendance  of  witnesses,  6 :  6S8 

Grounds  for  ordering,  6  :  682 

Making  of  application  for  order,  6 :  684 

Not  to  occur  when  grounds  nonexistent,  6 :  686 

Order  for  examination,  6:685 

Preliminary  hearing,  on,  6 :  147 

Reading  dei>osition  in  evidence,  6:14,  147,  691 

Reducing  testimony  to  writing  and  authenticating  it,  6:689 

Requisites  of  application  for  order,  6:683 

Right  of  defendant  to  be  present,  6 :  687 

Right  to  have,  6 :  681 

Transmitting  deposition  to  proper  court,  6 :  690 
Confronted  with,  defendant  to  be,  1:1;  6:14 
Contradiction  of  own  witness,  6:371 
Cross-examination 

Defined,  6:370 

Of  defendant  appearing  as,  6 :  673 
Deceased,  admissibility  of  testimony  at  former  trial,  6:14 
Deceiving,  a  felony,  5 :  162 
Defendants  as 

Cross-examination.  6:073 

Discharging  one  of  joint  defendants  to  be.  6:366-368 

Failure  to  testify  not  to  prejudice,  0:126,  673 

Not  compelled  to  testify  against  selves,  1:1;  6:  10,  673 

1234 


IT^DEX 

Witnesses — Contiuuecl 

Depositions,  see  Depositions 
Direct  exaniination,  defineil,  0:870 
Disobeying;  suhpenas 

As  contempt,  5  :  212  ;  6 :  6ri8 

Civil  liability  lor,  G  :  (>r.9 
Examination 

By  district  attorney  after  commitment  of  defendant,  (J:173 

On  commission,  6 :  701-714  ;  see  Depositions 
Exclusion  of,  at  trial,  6 :  362 
Fees  of 

Advancement  for  expenses,  6 :  657 

How  taxed  as  element  of  costs,  6 :  392 
Forfeiture  of  undertaking?  to  appear,  6:660 

Husband  and  wife,  competency  for  or  against  each  other,  6:672 
Impeachment 

Opposing  witness,  of,  manner,  6 :  372,  373 

Own  witness,  of,  not  permitted,  6 :  371 
Insane,  admissibility  of  testimony  at  former  trial,  6:14 
Oath  of,  in  magistrate's  court,  6 :  126 

Perjury,  number  of  witnesses  necessary  to  prove,  4 :  1861,  2012 ;  6 :  385 
Prisoners  as,  liow  brought  before  court,  6:661,  905 
Privilege  of 

None  in  case  of  dueling,  5 :  326 

Not  compelled  to  be  witness  against  self,  1:1:  6:10,  673 
Process  for  obtaining,  right  of  accused  to,  1:1 
Right  of  accused  to  confront,  1:1;  6:14 
Separation  of,  6  :  362 
Subpenas,  see  Subpenas 
Swearing,  costs  for,  6 :  392 

Treason,  number  of  witnesses  necessary,  4 :  1861,  2012 
Undertaking  to  appear 

Forfeiture  for  nonappearance,  6 :  660 

Requiring  on  preliminary  hearing,  6:144,  145 
Women 

See  HrsBAND  and  AVife  ;  Married  Women 
Words  and  Phrases 
Construction  of 

According  to  context  and  approved  usage,  3:11;  4:7;  5:4 

Contracts,  words  in,  see  Contracts 

Gender,  as  to,  3  :  12  ;  4  :  8  ;  5 :  4 

Grants,  in  see  Grants 

Number,  as  to,  3 :  12 ;  4:8;  5:4 

Technical  words  and  phrases,  3: 11,  581,  911;  4:  7 

Tense,  as  to,  3  :  12  ;  4  :  8  ;  5  :  4 

Wills,  words  in,  see  Wills 
Definitions  of  words  in  respective  codes,  in  general,  3:12;  4:8;  5:5 
Judicial  notice  of  true  signification  of.  4 :  1891 
Writing 

See  Statute  of  Frauds  ;  Written  Instruments 
Controls  printed  parts  in  contract,  3 :  917 
Handwriting,  see  Evidence  ;  Handwriting 
Includes  printing  and  typewriting,  3 :  12 ;  4:8;  5:5 
Intention  of  parties  to  be  ascertained  from,  3 :  905 
Obscene  writing,  offenses  respecting,  5 :  451-454 
Preventing  contract  from  being  put  in  writing  by  fraud,  3 :  885 
Property  in,  see  Literary  Property 
Supersedes  oral  negotiations,  3 :  887 
Writs 

Certiorari,  of.  see  Review,  Writ  of 

Defined,  4:8;  5:5 

Disobedience  to,  as  contempt,  4 :  1163 ;  5  :  212 

Possession,   writ   of,   in   actions   to   determine   adverse  claims   to   realty, 

4:137 
Prohibition,  writs  of,  see  Prohibition 

1235 


INDEX 

Writs — Continued 

Review,  see  Review,  Weit  of 

Seal,  necessity  of,  4  :  25 
Written  Instruments 

See  Contracts  ;  Negotiable  Instruments  ;  Nonnegotiable  Instruments 

Acknowledgment,  see  Acknowledgments 

Actions 

To  compel  reexecution  of  lost  or  destroyed  instruments,  3 :  2734 

To  construe,   determine   validity,   and   declare   rights  under,   see  De- 
claratory Relief 

To  obtain  judgment  proving  instrument,  3 :  509 
Alteration,  burden  of  explaining,  4 :  2032 
Ancient  writings 

Evidence  of  handwriting  by  comparison,  4 :  1977 

Presumption  in  regard  to,  4 :  2007 
Annexed  to  pleadings,  denial  of,  manner  of,  4:242-244,  787 
Cancelation  of,  see  Cancexation 

Certificate  of  proof  of  instrument,  what  to  state,  3 :  506 
Certificate  to,  form  of,  and  liow  executed,  4 :  1949 
Consideration  presumed  from  writing,  3  :  S70 
Construction  of 

According  to  general  acceptation  of  terms,  4 :  1879,  1883 

Circumstances  under  whicli  made  may  be  considered,  4 :  1878 

Considered  as  containing  whole  agreement,  4 :  1874 

Construed  in  wliose  favor,  4 :  1882 

Contracts,  construction  of,  see  Contracts 

Court  confined  to  terms  or  sulistance,  4 :  1876 

Effect  to  be  given  to  all  parts,  4: 187G 

Intention  of  parties  to  govern,  4 :  1877 

Language  relates  to  place  whore  used,  4 :  1875 

Natural  right,  in  favor  of,  4 :  1884 

Particular  provision  prevails  over  general,  4:1877 

Question  for  court,  is,  4 :  2182 

Skilled  persons  may  decipher  characters  or  explain  language,  4:1881 

Usage,  admissibility  of,  4  :  1888 

Words  of  local,  technical,  or  peculiar  signification,  4 :  1879 

Writing  controls  printing,  4 :  1880 
Contents  of 

How  proved,  4: 1872 

Oral  evidence  of,  is  secondary,  4 :  1848 

Secondary  evidence  of,  when  admissible  in  general,  4:1872,  1888;  see 

EVIDEa^CE 

Contracts,  see  Contracts 

Custody  of  adverse  party,  in,  notice  to  produce,  4 :  1970 

Date,  presumption  as  to,  4 :  2007 

Decedent,   writings   of,   admissibility,   4 :  1978 

Destroying  or  injuring,  punishment,  5 :  807 

Documentary  evidence,  see  Evidence 

Entries  copied  from  one  book  to  another,  when  deemed  originals,  4 :  1979 

Evidence,  see  Evidence 

Execution  of 

Defined,  4:1965 

How  proved,  3  :  501-505  ;  4 :  1972-1977 

When  need  not  be  proved,  4 :  1974 
Handwriting,  see  Evidence;  Handwriting 
Inspection  of,  see  Inspection  of  Writings 
Larceny  of,  5  :  775,  777 

Law  governing  instruments  executed  before  civil  code,  3 :  511 
Lost  or  destroyed 

Proving  contents,  4 :  1872,  1873,  1969 

Reeslablishment  and  reexecution,  3:2734 
Notice  to  produce,  4 :  1S72,  1970 
OflBcial  documents,  manner  of  proving,  4:1944 
Original  must  ordinarily  be  produced,  4 :  1969 


1236 


INDEX 

Written  Instruments — Continued 
OTer  thirty  years  old 

Evidence  of  handwriting  by  comparison,  4 :  1977 

Presumed  genuine,  4  :  2007 
Parol  evidence  alTecting,  see  Evidence 
Part  in  evidence,  all  may  be  proved,  4 :  1871 

Party  obtaining  inspection  need  not  introduce  as  evidence,  4:1971 
Pleading  of 

Demand  for  inspection  of  original,  4 :  244 

Genuineness  of,  how  admitted  or  controverted,  4:242-244,  787 

In  magistrate's  court,  4 :  78G,  787 
Possession  of,  by  adverse  party,  4: 1872,  1970 
Presumptions 

Genuineness  of  writings  over  30  years  old,  4:2007 

That  instruments  are  truly  datetl,  4 :  2007 

Truth  of  recitals  in  instruments,  4 :  2006 
Private 

Defined,  4 : 1913 

Provisions  respecting,  in  general,  4 :  1961-1982 

Sealed  and  unsealed,  are,  4 :  1961 

Written  instruments  are  public  or  private,  4 :  1911 
Production,  see  Production  of  Documents 
Proof  of 

Acknowledgment  proves  writing,  4 :  1980,  1982 

Action  to  obtain  judgment  proving  instrument,  3 :  509,  510 

How  proved,  in  general,  4 :  1972-1977,  1980 ;  see  Evidence 

Instruments  i-equired  by  law  to  be  proved  or  acknowledged,  manner 
of  proving,  3  :  491,  492,  501-511 ;  see  Acknowledgments 
Public 

Certified  copies,  form  of  certificate,  4 :  1949 

Copy  of,  duty  of  officers  to  give,  4 :  1921 

Defined,  4 :  1912 

Entries  in  official  books  prima  facie  evidence,  4 :  1946,  1951 

Judicial  records,  how  proved,  4 :  1931-1933 

Justice's  judgment  of  State,  how  proved,  4 :  1947,  1948 

Kinds  of,  4:1922 

Laws  and  statutes,  4 :  1922-1929 

Nature,  proof,  and  effect,  in  general,  4 :  1921-1952 

Official  documents,  how  proved,  4 :  1944 

Public  record  of  private  writing,  how  proved,  4 :  1872,  1945 

Written  instruments  are  public  or  private,  4 :  1911 
Sealed  and  unsealed,  distinction  abolished,  3  :  890 ;  4  :  1964 ;  see  Seals 
Secondary  evidence  of  contents,  see  Evidence 
Wrongful  Death 
Action  for 

As  consent  to  physician  testifying,  4 :  1904 

In  general,  4 :  131 
High  seas,  on,  note,  p.  996,  sec.  761 

Railroad  employee,  liability  of  railroad,  p.  989,  sees.  52-59 
Wrongs 

See  Deceit  :  Torts 

Consent  to,  effect  of,  3  :  2837 

Damages  for,  measure  of,  3 :  2661-2666 

Definitions 

Injury  to  person,  4  :  16 

Injury  to  property,  4 :  15 
Kinds  of,  4  :  14  ;  see  Injuries 

Law  does  not  interpose  between  parties  equally  in  wrong,  3 :  2846 
Liability  for  willful  acts,  3 :  977 
Remedy  for  every  wrong,  3 :  2845 
Taking  advantage  of  own  wrong  forbidden,  3 :  2839 

o 


1237 


UNIVERSITY  OF  FLORIDA 


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